PETITION OF:

An Act providing for capital facility repairs and improvements for the commonwealth

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the immediate capital improvement needs of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for a program of capital facility repairs and improvements to protect and improve the capital facilities of the commonwealth and for a program of capital asset acquisitions for general government operations, the sums set forth in sections 2A, 2B, 2C and 2D for the several purposes and subject to the conditions specified in this act are hereby made available, subject to the laws regulating the disbursement of public funds, which sums are in addition to any other amounts previously appropriated for these purposes.

There is no section 2.

SECTION 2A.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary

1100-7400 For the recapitalization of the Massachusetts Community Development Finance Corporation established pursuant to section 2 of chapter 40F of the General Laws; provided, that the corporation shall prepare a 5-year strategic operations plan which shall include, but not be limited to, (i) identification of the financial resources required to meet the mission and on-going lending operations of the corporation, (ii) a plan of action for reducing or eliminating the need for public subsidies to meet the mission of the corporation, and (iii) identification of the corporate relationship to and purpose of any affiliated or subsidiary corporations, including a description of how the affiliation or subsidiary relationship is consistent with the objective of fulfilling the mission of the corporation; and provided further, that the corporation shall submit the strategic operations plan to the executive office for administration and finance and to the house and senate committees on ways and means not later than December 31, 2008..................................... $10,000,000

1100-9200 For costs associated with the purchase and procurement of equipment for general government operations....................................................................................... $250,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary

8000-0700 For equipment for the department of correction and other agencies within the executive office of public safety and security, including but not limited to medical equipment, security equipment and communications equipment.......................................... $25,000,000

8000-2020 For the design, construction and implementation of the department of state police mobile data network and an automated motor vehicle citation system, including the use of “MDT” devices….......................................................................................... $15,000,000

8100-2025 For the replacement of state police cruisers; provided, that the state police shall develop a 5-year plan specifying the number of vehicles to be replaced each fiscal year over a 5-year period; provided further, that the department shall report annually to the house and senate committees on ways and means on the number of vehicles and condition of each vehicle replaced under this plan; provided further, that the report shall also include, but shall not be limited to, the total amount spent in each fiscal year; and provided further, that the first report shall be filed by January 1….................................. $40,000,000

8100-9000 For the purchase of state police helicopters; provided, that the state police shall trade in one helicopter from the current inventory of helicopters each time a replacement medium lift helicopter is purchased, and the value of the trade in shall be used to reduce the negotiated purchase price of the replacement helicopter……….......... $25,000,000

SECTION 2B.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Information and Technology Division

1790-3000 For costs associated with planning and studies, the preparation of plans and specifications, purchase, and procurement of information technology related equipment and related projects; provided, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item; and provided further, that any state agency receiving federal reimbursements for a project funded from this item shall file a quarterly report with the executive office for administration and finance, the house and senate committees on ways and means, and the joint committee on bonding, capital expenditures, and state assets detailing, by project, an annual estimate of anticipated federal reimbursement to be received on behalf of and expended for the project, as well as year-to-date actual federal reimbursement received and year-to-date actual expenditures of the reimbursement, by project; provided further that $1,800,000 shall be expended for information technology systems upgrades at the Appeals Court and the Supreme Judicial Court.................................................................... $451,800,000

SECTION 2C.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary

1100-8020 For the Massachusetts Opportunity Relocation and Expansion Jobs Capital Program related to site remediation, preparation and ancillary infrastructure improvement projects; provided, that the local executive government body and a for-profit entity involved in the project shall jointly submit a request for funding to the secretary of housing and economic development which shall include sufficient documentation including, but not limited to, a project plan with specific goals and objectives that fully documents the proposed project and either: (i) demonstrates that the businesses associated with the project will generate substantial sales from outside the commonwealth and will result in the creation of a net increase of at least 100 new permanent full-time jobs in Massachusetts within 24 months after receipt of a grant and commits that the jobs are to be maintained for at least a 5-year period; or (ii) documents an economic benefit that the secretary determines is sufficiently exceptional; and provided further, that annually on or before December 31, the secretary shall issue a written report to the clerk of the house of representatives and the clerk of the senate, which shall include detailed descriptions of any infrastructure improvement projects funded under this program and all funds expended for this purposes................................................................ $75,000,000

0640-0333 For the Massachusetts Cultural Facilities Fund established pursuant to section 42 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, rehabilitation, or other capital improvement or deferred maintenance to a cultural facility.......................................................................................................... $50,000,000

1100-6300 For a grant program to cities and towns for the repair, renovation or construction of municipal facilities or infrastructure or of any cultural, social, recreational or other facilities serving a municipal purpose including, those owned or operated by non-profit organizations, technology upgrades and purchase of equipment, under rules adopted by the executive office for administration and finance based upon the following criteria: an assessment of municipality’s fiscal and budget position; an analysis of the municipality’s proposed budget and financing of the repair, renovation, or construction project; the municipality’s need for the project; the benefits to the municipality that will result from the project; and an overall evaluation of the merits of the project; provided further, that the executive office of administration and finance may expend not more than 1 per cent of the total amount available for the cost of administering this program; provided further, that not less than $1,000,000 shall be expended for the Municipal Stadium safety project; provided further, that not less than $1,200,000 shall be expended for improvements to the Newburyport senior center in Newburyport; provided further, that not less than $7,000,000 shall be expended for improvements to the Haverhill Stadium in Haverhill; provided further, that not less than $100,000 shall be expended for renovations of Lakeville town hall; provided further, that not less than $900,000 shall be expended for updates to the Cape Cod Regional Radio System in the town of Barnstable; provided further, that not less than $100,000 shall be expended for renovations of Freetown town hall; provided further, that not less than $100,000 shall be expended for renovations of Middleboro town hall; provided further, that not less than $75,000 shall be expended for construction of a parking lot at the Council on Aging in Middleboro; provided further, that not less than $3,500,000 shall be expended for waterfront development in Beverly; provided further, that not less than $15,000 shall be expended for internet-based access in the Plymouth Public Library system; provided further, that not less than $10,000,00 shall be expended for clean up of the former Belchertown state school property; provided further, that not less than $4,000,000 shall be expended for restoration of the Loew’s Poli Palace Theatre; provided further, that not less than $80,000 shall be expended for new technologies to improve operational efficiency in the fire department in the town of Plymouth; provided further, that not less than $500,000 shall be expended for repairs to the Hamilton Center in Newton Lower Falls; provided further that not less than $30,000,000 shall be expended for repair or replacement of water pipes located under Routes 1 and 99 in Saugus and that said appropriation shall also be used for reimbursement to the town of Saugus for the cost of breaks to said pipes located under said state highways; provided further, that not less than $2,000,000 shall be expended for the Hope House in the city of Boston; provided further, that not less than $2,000,000 shall be expended for the Watertown Boys & Girls Club; provided further, that not less than $1,000,000 shall be expended for the Presentation school in Brighton; provided further, that not less than $200,000 shall be expended for Watertown Landing; provided further, that not less than $2,000,000 shall be expended on Fenway Community Health Center; provided further, that not less than $600,000 shall be expended for Project Place in Boston; provided further, that not less than $250,000 shall be expended for communications consoles for the Braintree police department; provided further, that not less than $250,000 shall be expended for creation and development of a senior center in Canton; provided further, that not less than $1,000,000 shall be expended for design and construction of a performing arts center in Milton; provided further, that not less than $1,800,000 shall be expended for design and construction of a senior center in East Bridgewater; provided further, that not less than $5,000,000 shall be expended for design and construction of a department of public works operations center in East Bridgewater; provided further, that not less than $10,000,000 shall be expended for a municipal maintenance facility in Canton; provided further, that not less than $100,000 shall be expended for repairs to the Chester town hall; provided further, that not less than $500,000 shall be expended for renovations to the old town hall in Easthampton; provided further, that not less than $24,000,000 shall be expended for the Westfield intermodal and downtown revitalization initiative; provided further, that not less than $500,000 shall be expended for air conditioning at city hall in Lynn; provided further, that not less than $4,917,000 shall be expended for waterfront development in Lynn; provided further, that not less than $2,253,395 shall be expended for reconstruction of the Ward bath house in Lynn; provided further, that not less than $1,000,000 shall be expended for improvements to the Grand Army of the Republic building in Lynn; provided further, that not less than $176,000 shall be expended for development grants to the Waters farm living history museum; provided further, that not less than $30,000 shall be expended for the restoration of the historic North Purchase street school house; provided further, that not less than $500,000 shall be expended for the restoration of the historic Blanchard street school house; provided further, that not less than $737,000 shall be expended to reimburse the town of Southbridge for its purchase of the former national guard armory from the state; provided further, that not less than $300,000 shall be expended for ADA compliance and entry way improvements at the town hall in Charlton; provided further, that not less than $665,735 shall be expended for Old Town Hall renovations in Barre; provided further, that not less than $1,000,000 shall be expended for development of a senior center in Rutland; provided further, that not less than $1,500,000 shall be expended for development of a senior center in Templeton; provided further, that not less than $3,500,000 shall be expended for improvements to the town hall in Framingham; provided further, that not less than $8,000,000 shall be expended for construction of a parking garage in Natick; provided further, that not less than $100,000 shall be expended for the Hartshorne House in Wakefield; provided further, that not less than $1,300,000 shall be expended for the preservation of the Museum of Afro-American History; provided further, that not less than $1,000,000 shall be expended for a senior center in Malden; provided further, that not less than $1,000,000 shall be expended for construction of a new facility for the Lena Park Community Development Corporation; provided further, that not less than $1,000,000 shall be expended for the preservation of the historic registry in Stoneham; provided further, that not less than $600,000 shall be expended for the relocation of the salt storage shed in Andover; provided further, that not less than $300,000 shall be expended for ADA improvements at the town hall in Dracut; provided further, that not less than $8,000,000 shall be expended for Quabbin development in Belchertown; provided further, that not less than $1,500,000 shall be expended for the Essex Town Hall exterior; provided further, that not less than $350,000 shall be granted to the city of Gloucester for the purpose of an economic development study for a previously identified area of the city with the potential for job creation; provided further, that not less than $171,000 shall be expended for reimbursements of replaced culverts damaged in the May 2006 flooding in the town of Rowley; provided further that not less than $1,500,000 shall be expended for repairing the irrigation system at the Leo J. Martin golf course in the city of Boston; provided further, than not less than $100,000 shall be expended for Hart’s Hill Housing in the town of Wakefield; provided further, that not less than $40,000 shall be expended for a new World War II Memorial in the town of Wakefield; provided further, that not less than $45,000 shall be expended for information technology document management solutions in the town of Wakefield; provided further, that not less than $40,000 shall be expended for technology upgrades for fire department vehicles in the town of Marblehead; provided further, that not less than $5,000 shall be expended for technology upgrades for fire department vehicles in the town of Swampscott; provided further, that not less than $25,000 shall be expended to enhance the real-time forensic ability of the town of Swampscott Police Department with the use of Live Scan finger printing; provided further, that not less than $200,000 shall be expended to fund wind or solar energy generation systems at the transfer station in the town of Marblehead and a designated building in the town of Swampscott; provided further, that not less than $1,000,000 shall be expended for the renovation of the community safety building in the town of Arlington; provided further, that not less than $250,000 shall be expended for repairs to the Brattle Street culvert in the town of Arlington; provided further, that not less than $50,000 shall be expended for the city of West Medford Community Center; provided further, that not less than $30,000 shall be expended on a security system for the Fort Taber Military Museum; provided further, that not less than $3,000,000 shall be expended for the renovation, enhancement, reconstruction, improvement, expansion, demolition, acquisition, property repair, and exhibits and collections at the Frederick Douglass House and Museum in the city of New Bedford; provided further, that not less than $350,000 shall be expended on design and repair of the Parting Ways Building in the town of Acushnet; provided further, that not less than $50,000 shall be expended for Market Ministries programs related to facilities maintenance, improvements, restoration, renovation, and educational capital expenditures; provided further that not less than $1,000,000 shall be expended for preservation and expansion of the Levi Standish House in the city of New Bedford; provided further that not less than $2,000,000 shall be expended for the rehabilitation of the New Bedford Armory; provided further that not less than $2,000,000 shall be expended for capital improvements at the New Bedford Whaling Museum; provided further, that not less than $3,000,000 shall be expended on capital improvements to the Zeiterion Theater including, but not limited to, demolition, acquisition, renovation, restoration, design, and construction including a ballroom, expanded stage facilities and other capital improvements; provided further, not less than $2,000,000 shall be expended for equal capitalization of the Western Massachusetts Enterprise Fund, Inc. and the South Eastern Economic Development Corporation; provided, however, that the corporations shall prepare 5 year strategic operations plans which shall include without limitation: (i) identification of financial resources required to meet the mission and on going lending operations of the corporation; and (ii) a plan of action for reducing or eliminating the need for public subsidies to meet the mission of the corporation and file said plan with the secretary of administration and finance no later than December 31, 2008; provided further, that not less than $750,000 shall be expended for the acquisition by the town of Dartmouth of the former state police barracks; provided, however, that said state police barracks shall be for an appropriate public use by the town including, but not limited to, a municipal health, or educational facility; provided further, that not less than $1,000,000 shall be expended for expansion, renovation, capital improvements, relocation, or demolition for the Fairhaven Council on Aging; provided further, that not less than $20,000 shall be expended for an engineering study to be conducted on wharves in the town of Mattapoisett................ $170,000,000

Division of Capital Asset Management and Maintenance

1102-2008 For costs associated with planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition, disposition and remediation of state-owned and former county facilities and grounds; and for costs associated with repair and maintenance of buildings and building systems and equipment at various facilities of the commonwealth; provided, that all maintenance and repair work funded in this item shall be listed in the capital asset management information system administered by the division of capital asset management and maintenance; provided further, that, where appropriate, the commissioner of the division may transfer funds in accordance with the delegation of project control and supervision process under section 40B of chapter 7 of the General Laws; provided further, that funds so transferred shall be distributed based on the severity of the need that the repair will address and other criteria developed by the division of capital asset management and maintenance in consultation with the secretary of administration and finance; provided further, that costs payable from this item may include, but shall not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; provided further, that not less than $24,000,000 shall be expended for the construction of the Massachusetts Psychiatric Hospital in the city of Worcester; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects; and provided further that, upon certification by the commissioner of education, pursuant to section 4 of chapter 463 of the acts of 2004, $60,000,000 shall be expended for costs associated with the construction of the Essex North Shore Agricultural and Technical School in the town of Danvers.......................................................... $484,000,000

JUDICIARY

Trial Court

1102-5600 For capital needs at court facilities including, but not limited to, expenditures for the planning, design, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws, the preparation of plans and specifications, the construction, renovation, reconstruction, alteration, improvement, demolition, expansion, repair and improvements, including furnishings and equipment and temporary relocation costs, as needed for priority projects identified by the division of capital asset management and maintenance and the administrative office of the trial court; for building repairs needed to correct unsafe and overcrowded conditions; for the remediation of life safety code violations; for the remediation of access code and civil rights violations; for the remediation of environmental hazards; and for security improvements and other needed repairs at court facilities owned by the commonwealth or by political subdivisions of the commonwealth; provided, that expenditures made from this item shall include, but shall not be limited to, expenditures for the projects identified through the court capital repair needs assessment database as developed and maintained by the division of capital asset management and maintenance and reviewed and approved by the administrative office of the trial court; provided further, that costs payable from this item shall include, but shall not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects; provided further, that not less than $125,000,000 shall pay for costs of the reconstruction or replacement of court facilities located in the city of Lowell; provided further, that not less than $40,000,000 shall pay for costs of the renovation of the superior court building located in the city of Taunton; provided further, that not less than $5,000,000 shall pay for costs of the renovation of the district court building located in the East Boston section of the city of Boston; provided further, that not less than $60,000,000 shall pay for costs of the renovation of the probate and family court building located in the city of Salem; provided further, that not less than $50,000,000 shall pay for costs of the renovation of the court facility located in the town of Greenfield; provided further that not less than $600,000 shall be expended for repairs and renovations to the district court facility in the city of Leominster; provided further that not less than $72,000,000 shall be expended for construction of the Michael Ruane judicial center in the city of Salem; provided further that not less than $20,000,000 shall be expended to complete a master plan in Norfolk county which shall include the plan for the development and construction of a centralized Norfolk county courthouse campus in Dedham Square and for the planning, design and construction of such facilities in accordance with said master plan; and provided further, that the costs of design and construction of the Franklin county courthouse shall be funded from this item....................................................................................................... $597,600,000

Information Technology Division

1790-2500 For costs associated with planning and studies, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws; and for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition for a data center to be located in Building 104 of the STCC Technology Park in Springfield; provided, that costs payable from this item shall include, but shall not be limited to, the costs of engineering and other services essential to this project rendered by division of capital asset management and maintenance employees or consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of this project; provided further, that not less than $2,000,000 shall be expended for the relocation of the data center of the Chief Justice for Administration and Management from Boston to Cambridge........................................................................................................ .$80,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary

4000-2020 For costs associated with planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws; for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition for health and human services facilities, all as the commissioner of the division of capital asset management and maintenance, in consultation with the secretary of health and human services and the appropriate commissioners of the departments within the executive office of health and human services, shall consider appropriate; provided, that all juvenile detention facility projects approved for design and construction by the division of capital asset management and maintenance are consistent in priority and need with a master plan to be developed by the division of capital asset management and maintenance in consultation with the department of youth services; provided further, that projects that are not included in the master plan may be approved for funding by the division of capital asset management and maintenance if the commissioner of capital asset management and maintenance determines that circumstances following the development of the master plan resulted in a compelling need for funding the projects; provided further, that costs payable from this item shall include, but shall not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects............................................................................................. $80,000,000

Board of Library Commissioners

7000-9090 For a program of grants to cities and towns for approved public library projects under sections 19G to 19I, inclusive, of chapter 78 of the General Laws; provided, that $37,500,000 shall be expended for the phase IID of the McKim Building renovation and improvement project; provided, however, that receipt of $22,500,000 of which shall be contingent on a match of not less than $1 in non-profit, private, city or federal funds for each additional dollar in state funding; provided further, that not more than $500,000 of the amount authorized in this item may be expended by the board of library commissioners for the administrative costs directly attributable to the projects funded in this item, including the costs of temporary personnel; provided further, that no permanent personnel shall be compensated from this item; and provided further, that the board shall file an annual spending plan with the fiscal affairs division and the house and senate committees on ways and means which details, by subsidiary, all temporary personnel and administrative costs charged to this item................................................................. $137,500,000

EXECUTIVE OFFICE FOR PUBLIC SAFETY AND SECURITY

Office of the Secretary

8000-3500 For a grant program to cities and towns for the purpose of providing funding for the repair, renovation or construction of municipal public safety facilities, under rules adopted by the executive office of public safety and security based upon the following criteria: an assessment of fiscal and budgetary constraints facing the municipality; an analysis of the municipality’s proposed budget and financing of the repair, renovation, or construction project; the municipality’s need for the project; the benefits to the municipality that will result from the project; and an overall evaluation of the merits of the grant proposal; provided, that the executive office of public safety and security may expend not more than 1 per cent of the total amount available for the cost of administering this program; provided further, that not less than $150,000 shall be expended for the design of a new police station in the town of Lakeville; provided further, that not less than $100,000 shall be expended for repairs to the police station in the town of Middleboro; provided further, that not less than $300,000 shall be expended for planning and design of a new public safety facility for police and fire departments in the town of Avon; provided further, that not less than $750,000 shall be expended for emergency repairs to HVAC systems at fire department headquarters in the town of Stoughton; provided further, that not less than $150,000 shall be expended for relocation of or improvements to the town of Milford public safety dispatch center; provided further, that not less than $1,800,000 shall be expended for renovation of the fire department facility in the town of North Brookfield; provided further, that not less than $8,000,000 shall be expended for construction of a new police station in the city of Lawrence; provided further, that not less than $2,000,000 shall be expended for construction of a new police station in the town of Salisbury; provided further, that not less than $580,000 shall be expended for fire department facilities in the town of Randolph; provided further, that not less than $550,000 shall be expended for a class I fire department pump replacement in the town of Sharon; provided further, that not less than $6,700,000 shall be expended for a fire station in the town of Ware................................................................ $41,080,000

Department of Fire Services

8000-4900 For costs associated with planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition for a fire training facility in the city of Springfield, all as the commissioner of capital asset management and maintenance, in consultation with the fire marshal of the commonwealth, shall consider appropriate; provided, that costs payable from this item shall include, but shall not be limited to, the costs of engineering and other services essential to this project rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of this project.................................................................... $10,000,000

Office of the Chief Medical Examiner

8500-1000 For costs associated with planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition, including furnishings and equipment, for regional facilities for the office of the chief medical examiner, all as the commissioner of capital asset management and maintenance, in consultation with the chief medical examiner, shall consider appropriate; provided, that costs payable from this item shall include, but shall not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects $15,000,000

Jails and Correctional Facilities

8900-7500 For costs associated with planning and studies, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition and other capital improvements at department of correction facilities for the purpose of preventing prisoner suicides, including the capital improvements as detailed in Appendix A of the so-called Hayes Report, a summary of observations, findings and recommendations of Lindsay Hayes, Project Director of the National Center on Institutions and Alternatives; provided, that costs payable from this item include, but are not limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects.............................................. $15,000,000

EXECUTIVE OFFICE LABOR AND WORKFORCE DEVELOPMENT

Department of Business and Technology

7007-6300 For costs associated with planning and studies, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition and other capital improvements at facilities operated by Zoo New England, including the Franklin Park Zoo and the Stoneham Zoo; provided further, that not less than $5,000,000 be expended for Buttonwood Park and Zoo.................... $35,000,000

SECTION 2D.

EXECUTIVE OFFICE FOR PUBLIC SAFETY AND SECURITY

Jails and Correctional Facilities

8900-8500 For costs associated with planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, lease for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws; and for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition for state and county jails and correctional facilities; provided, that all projects approved for funding under this item by the division of capital asset management and maintenance are consistent in priority and need with a corrections master plan to be developed by the division of capital asset management and maintenance in consultation with the department of correction and the Massachusetts Sheriffs Association, and approved by the secretary of public safety and security and the secretary of administration and finance including, but not limited to, the following projects as provided for therein: a pre-release center and regional lock up facility in Barnstable county, capital improvements to facilities in Berkshire and Bristol counties, the relocation of the “E911” communication center so-called and improvements to the facilities in Dukes county, additional capacity in Essex county, additional capacity at the Western Massachusetts Regional Women’s Correctional Center in Hampden county, the replacement of modular facilities in Hampshire county, the construction of additional capacity in Middlesex county, the construction of additional capacity, a storage warehouse, and parking facility improvements in Norfolk county, capital improvements to facilities in Plymouth county, capital improvements to facilities in Suffolk county and the construction of additional capacity in Worcester County; provided further, that projects that are not included in the master plan may be approved for funding by the division of capital asset management and maintenance if the commissioner of capital asset management and maintenance determines that circumstances following the development of the master plan resulted in a compelling need for funding the projects; provided further, that costs payable from this item shall include, but shall not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects…………. ........................................................................................................................ $450,000,000

0330-9999 For the purchase or lease of equipment or other items for a program of intermediate sanctions as authorized in item 0330-8968 of section 2 of chapter 12 of the acts of 1996 including, but not limited to, the purchase of mobile substance abuse testing vans and other drug testing equipment, the acquisition and build out of leased or purchased space for day reporting centers, including modular units, and the purchase of equipment that may qualify as alternatives to incarceration; provided, that no funds appropriated in this item shall be expended for the costs of state personnel or contracted personnel; provided further, that no more than 2 percent of the funds authorized herein shall be expended for the administration of any projects funded herein; and provided further, that the executive director of the office of community corrections shall submit a report detailing any such administrative expenditures to the house and senate committee on ways and means................................................................................ $10,000,000

SECTION 3. Section 38C of chapter 7 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “forty-nine”, in line 70, the following words:- ; or (iv) the contract is for demolition of buildings.

SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after section 2XXX the following section:-

Section 2YYY. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Courts Capital Project Fund, hereinafter in this section referred to as the fund. The fund shall be credited: (i) the portion of any net cash proceeds from the conveyance, lease or other disposition of any surplus court facilities vacated and determined to be surplus by the commissioner of the division of capital asset management and maintenance as a result of or in anticipation of the construction of new court facilities or the consolidation of court facilities in the cities of Cambridge, Lowell, Salem and Worcester; (ii) any appropriations; (iii) bond proceeds; or (iv) other monies authorized by the general court and specifically designated to be credited thereto. The comptroller shall disburse amounts in the fund at the direction of the secretary of administration and finance, without further appropriation, for the purpose of paying costs of, or paying down any portion of the debt incurred to pay costs related to the acquisition, temporary leasing or the construction of any replacement court facilities. The inspector general of the commonwealth shall make an annual oversight inquiry and report on the Capital Courts Project Fund and its disbursements. Said report shall be provided to the clerks of the house of representatives and senate, chairs of house and senate committees on ways and means and chairs of the joint committee on bonding, capital expenditures, and state assets.

SECTION 5. Section 15 of chapter 463 of the acts of 2004 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:-

Any remaining proceeds shall used to reduce any incurred indebtedness of the Essex North Shore Agricultural and Technical School District to the former municipalities of the North Shore Vocational Regional School District in accordance with the capital cost allocation provisions of said district’s regional agreement.

SECTION 6. Said chapter 463 of the acts of 2004 is hereby further amended by striking out section 11 and inserting in place thereof the following section:-

Section 11. The district shall be considered an eligible institution for financing assistance provided by the health and educational facilities authority established under chapter 614 of the acts of 1968. The school committee shall establish and maintain a capital reserve fund for the purpose of financing necessary facility maintenance and capital improvements. The capital reserve fund shall be subject to the limits on stabilization funds in section 16G 1/2 of chapter 71 of the General Laws. Except as provided in this section, the General Laws regulating borrowing by regional districts and limitations on borrowing by regional districts, including but not limited to chapter 70B of the General Laws and clauses (e), (g), and (n) of section 16 of chapter 71 of the General Laws, shall apply to the district. The Essex North Shore Agricultural and Technical School District may issue bonds for the constructing, reconstructing, equipping school buildings and other facilities related thereto for a term not to exceed thirty years.

SECTION 7. Section 11 of chapter 27 of the acts of 2007 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The state treasurer may, upon request of the governor, issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of paying, at maturity or upon acceleration or redemption, any bonds then outstanding and issued by an entity other than the commonwealth under chapter 425 of the acts of 1991, section 39I of chapter 190 of the acts of 1982, section 7 of chapter 16 of the acts of 1999 or section 6 of chapter 53 of the acts of 1999, or issued by the city of Chelsea under chapter 40D of the General Laws to finance costs of the Massachusetts information technology center in that city, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of maturity, acceleration or redemption of these bonds. The state treasurer shall not issue any refunding bonds unless he finds that the present value, discounted at the rate that he considers appropriate, of the principal and interest payments due on the refunding bonds is less than the present value, discounted at that rate, of the principal and interest payments to be paid, from the proceeds of these refunding bonds and investment earnings thereon, on the bonds to be refunded, or unless he determines, in his sole discretion, that doing so is advisable to substitute fixed-rate bonds for variable-rate bonds or 1 form of variable-rate bonds for another. These refunding bonds may be issued at such time before the maturity, acceleration or redemption of the bonds to be refunded thereby that the state treasurer, with the approval of the governor, considers advisable. The issuance of these bonds, the security therefor, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the commonwealth with respect thereto shall be governed by the provisions of chapter 29 of the General Laws which relate to the issuance of bonds by the commonwealth, insofar as these provisions may be appropriate therefor. In connection with any issuance of refunding bonds under this section, the secretary of administration and finance and other officers of the commonwealth who are parties to the contract for financial assistance, lease or other agreements related to the bonds being refunded and the state treasurer may enter into amendments to the contract, lease or other agreements and any other documents that they consider necessary or desirable to effectuate the issuance of the bonds. Without limiting the generality of this section, the provisions of section 49 of chapter 29 of the General Laws applicable to sinking funds established with trustees shall apply to the deposit of refunding bond proceeds with a trustee, except that these proceeds shall be held for the benefit of the holders of the bonds to be refunded thereby.

SECTION 8. To meet the expenditures necessary in carrying out section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $365,000,000. All these bonds issued by the commonwealth shall be designated on their face, Capital Improvements Loan Act of 2008, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2023. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 9. To meet the expenditures necessary in carrying out section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $451,800,000. All these bonds issued by the commonwealth shall be designated on their face, Capital Improvements Loan Act of 2008, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2033. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 10. To meet the expenditures necessary in carrying out section 2C, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $1,753,680,000. All these bonds issued by the commonwealth shall be designated on their face, Capital Improvement Act of 2008, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 11. To meet the expenditures necessary in carrying out section 2D, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $460,000,000. All these bonds issued by the commonwealth shall be designated on their face, Capital Improvement Act of 2008, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 12. (a) In order to facilitate the reuse of the properties identified in subsection (b), upon a determination by the commissioner that no state agency or executive office has a current or foreseeable need for the real property, the commissioner of capital asset management and maintenance may: (1) subject to sections 40E to 40F1/2, inclusive, and 40I to 40J, inclusive, of chapter 7 of the General Laws, convey, lease for a term not to exceed 99 years, transfer or otherwise dispose of any facility or real property identified in subsection (b) to the host municipality for a direct public use as defined in section 40F of the General Laws; provided, however, that said host municipality shall have no less than 90 days to accept the commissioner’s offer to acquire the property; or (2) upon a refusal of the host municipality of the commissioner’s offer pursuant to clause 1 and subject to sections 40E to 40F½, inclusive, and 40H to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance may convey, lease for a term not to exceed 99 years, transfer or otherwise dispose of any facility or real property indentified in subsection (b).

(b) This section shall apply to the following properties: (i) any court facilities vacated and determined to be surplus by the commissioner of capital asset management and maintenance and the chief justice for administration and management as a result of or in anticipation of the construction of new court facilities or the consolidation of court facilities in the city of Lowell, but the transfer, sale, lease or other disposition shall be in accordance with chapter 290 of the acts of 2004 as amended by sections 59 through 70 of chapter 122 of the acts of 2006; (ii) any court facilities vacated and determined to be surplus by the commissioner of capital asset management and maintenance and the chief justice for administration and management as a result of or in anticipation of the construction of new court facilities or the consolidation of court facilities in the city of Cambridge; (iii) any court facilities vacated and determined to be surplus by the commissioner of capital asset management and maintenance and the chief justice for administration and management as a result of or in anticipation of the construction of new court facilities or the consolidation of court facilities in the city of Worcester; and (iv) any court facilities vacated and determined to be surplus by the commissioner of capital asset management and maintenance and the chief justice for administration and management as a result of or in anticipation of the construction of new court facilities or the consolidation of court facilities in the city of Salem.

The exact boundaries of each parcel conveyed, leased, transferred or otherwise disposed of pursuant to this section shall be determined by the commissioner of the division of capital asset management and maintenance after completion of a survey. The consideration for said conveyance, lease transfer or other disposition shall be the full and fair market value of said parcel as determined by the commissioner of the division of capital asset management and maintenance pursuant to 1 or more independent professional appraisals. This parcel shall be conveyed by deed without warranties or representations by the commonwealth.

(c). Notwithstanding any general or special law to the contrary, the grantee or lessee of any property identified in subsection (b) shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the conveyance authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance.

(d) Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to subsection (b). The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of the division of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of the division of capital asset management and maintenance shall, 30 days before the execution of any conveyance, lease, transfer or other disposition pursuant to this section, or any subsequent amendment thereto, submit the proposed conveyance, lease, transfer or other disposition or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of the proposed conveyance or amendment. The commissioner of the division of capital asset management and maintenance shall submit the proposed conveyance or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the conveyance.

(e) Notwithstanding any general or special law to the contrary, the net cash proceeds of the sale, lease, transfer or other disposition of any court facility identified in subsection (b) shall be deposited into the Courts Capital Project Fund established pursuant to section 2YYY of chapter 29 of the General Laws. For purposes of this paragraph, the term "net cash proceeds" shall mean all payments made to the commonwealth as and when paid, less any transaction-related expenses and expenses incurred in connection with the custody of the property by the division of capital asset management and maintenance including, but not limited to, costs associated with the disposal or pre-development of the property from which the funds originated including, but not limited to, appraisals, surveys, site evaluation, site preparation, plans, recordings, smart growth review and feasibility and other marketing studies and any other expenses relating to the disposal or project management services in connection with any reuse or redevelopment of the property.

SECTION 13. (a) To carry out the purposes of items 1102-2008, 1102-5600, 4000-2020, 8000-4900 and 8500-1000 of section 2C and 8900-8500 of section 2D, the commissioner of the division of capital asset management and maintenance may, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, but subject to this subsection , acquire, by purchase, lease or leaseback for a term, including any extensions, not to exceed 50 years, gift or other transfer, or by eminent domain under chapter 79 of the General Laws, any and all interests in land and buildings considered necessary by the commissioner to carry out the purposes of this act including, but not limited to, easements for drainage, access, utilities and environmental mitigation, and may grant and retain such easements and interests as considered necessary by the commissioner to carry out the purposes of this act.

(b) The commissioner shall solicit proposals for any facility acquisition through requests for proposals. Each request for proposals shall include: (i) a description of the facility or facilities for which proposals are sought; (ii) a statement as to whether the commissioner seeks to purchase or lease the facilities; (iii) a statement as to whether the commissioner seeks to acquire improved or unimproved land, buildings and interests therein; (iv) a statement as to whether the selected proposer shall be required to undertake the design, construction, renovation, reconstruction, alteration, improvement, demolition, expansion or management of a new or existing facility; (v) the proposed contractual terms and conditions, some of which may be considered mandatory or non-negotiable; (vi) the evaluation criteria that shall be utilized by the commissioner; (vii) the time and date for receipt of proposals; (viii) the address of the office to which proposals shall be delivered; and (ix) such other matters as may be determined by the commissioner of the division of capital asset management and maintenance. Public notice of each request for proposals shall be published in the central register published by the state secretary at least 3 weeks prior to the time specified in the notice for the receipt of proposals. At the opening of the proposals, the commissioner shall prepare a register of proposals which shall include the name of each proposer. The register of proposals shall be open for public inspection. Notwithstanding any general or special law to the contrary, until the completion of the selection process, the contents of the proposals and the selection process shall not be disclosed to competing proposers and shall not be public documents.

(c) Any design, construction, renovation, reconstruction, alteration, improvement, demolition, expansion or management of a facility undertaken under this section shall be subject to chapters 7, 30, and 149 of the General Laws and any other general or special law or regulation governing the design, construction, renovation, reconstruction, alteration, improvement, demolition, expansion or management of real or personal property by the commonwealth.

SECTION 14. The information technology division, in consultation with the operational services division, shall require that the procurement of services and equipment funded under item 1790-3000 of section 2B shall comply with the procurement policies filed by the office of the comptroller under section 13 of chapter 27 of the acts of 2007 to ensure an open and fair competitive process. Executive agencies that have or seek funding under item 1790-3000 must submit to the information technology division, at intervals to be determined by it, documentation and deliverables necessary to enable it to oversee, ascertain and evaluate project management, status, progress, performance and expenditures. The information technology division shall specify this documentation and deliverables, which may include, without limitation, project management plans and methodology, technology designs and specifications, accountings of amounts expended or to be expended for all goods and services including, without limitation, hardware, software, consultant services and personnel, an assessment of whether the project is within budget and on schedule for completion, an explanation of any deviations in completion schedules and funding needs from those that were originally established for the projects, project plans, and other document deliverables. The information technology division may make funding or continued funding for executive department agency projects contingent upon its approval of these documentation and deliverables.

SECTION 15. Upon certification by the commissioner of education, pursuant to section 4 of chapter 463 of the acts of 2004, and notwithstanding the provisions of section 7 of chapter 70B, the Massachusetts School Building Authority shall accept an application for a school construction grant from the temporary oversight board, established, pursuant to the provisions of section 3 of chapter 463 of the acts of 2004. The Massachusetts School Building Authority shall provide funding for 38%, or not more than $53,200,000, of the costs associated with the construction of the Essex North Shore Agricultural and Technical School in the town of Danvers.

SECTION 16. Notwithstanding any general or special law to the contrary, the unexpended and unencumbered balances of the bond funded authorizations in the following accounts shall cease to be available for expenditure: 1102-8819, 5011-8841, 5011-8842, 8200-8842, 9300-3905, 1100-9101, 1102-7886, 1102-7887, 1102-7888, 1102-8880, 1102-8883, 1102-8888, 4238-8871, 5095-8870, 5095-8872, 9300-3909, 0330-8890, 0330-8891, 1102-6896, 1102-7891, 1102-7893, 1102-7894, 1102-7896, 1102-7897, 1102-8869, 1102-8890, 1102-8894, 4180-7890, 4180-7891, 4536-7890, 4537-7891, 4010-8831, 1599-8000, 4000-8000, 4000-8100, 5500-8300, 5500-8400, 5500-8500, 5500-8893, 5500-9000, 5500-9100, 5500-9220, 5800-8100, 5800-8120, 5800-8300, 5800-8810, 5800-9000, 8000-7950, 0330-8968, 8195-8968, 8995-8968, 1102-1960, 1102-8968, 1102-8969, 1102-9980, 4200-8968, 8199-7966, 8199-7967, 8900-7967, 1100-7982, 1102-7977, 1102-7979, 1102-9981, 1599-3914, 0330-2204, 0330-2206, 0330-2208, 0330-2209, 0526-8998, 8900-1981, 0526-0101, 0526-0111, 1102-1991, 1102-1992, 1102-2992, 1102-4994, 1102-5996, 7066-0013, 1102-7943, 1102-7944, 1102-7947, 1102-7948, 1102-8245, 1102-8940, 1102-8944, 1102-8945, 1102-8947, 1102-8981, 1599-1999, 4180-0013, 8000-0018, 8000-0019, 8100-9961, 1102-2204, 1102-4940, 1102-7949, 1102-7960, 1102-8949, 1102-9960, 0330-9010, 0333-0010, 0526-2010, 1102-2010, 1102-2011, 1102-3010, 1102-3013, 1102-3014, 1599-0023, 1790-2011, 1790-2012, 4000-2011, 4590-9999, 8000-2010, 8000-2011, 8000-2014, 8000-2019, 8100-0024, 8100-9962, 8800-2096, 0332-8811, 0431-8833, 1102-8791, 1102-8872, 1599-0267.

SECTION 17. Section 19 of this act shall take effect 90 days after the effective date of this act.