Executive Order  No. 134: Promoting the economic revitalization of downtown centers of cities and towns by establishing a process for locating appropriate state offices and buildings in such areas

WHEREAS, the older cities and towns of the Commonwealth have abundant resources that make them attractive centers for new economic growth, among them large labor forces; public facilities such as roads, sewers, schools and hospitals; and vacant buildings suitable for commercial, residential and industrial space; and

WHEREAS, the downtown areas of many of the Commonwealth's older cities and towns have deteriorated and decayed because of a lack of private investment and a consequent lack of economic growth; and

WHEREAS, state government can help to stimulate the revitalization of these downtown centers by focusing public investment such as roads, schools and offices in these areas, thereby encouraging a needed resurgence of private investment in these same areas; and

WHEREAS, it is hereby declared to be the policy of the Commonwealth to take every possible step to foster economic growth and development in downtown centers; thereby helping to reverse the deterioration and decay of such areas and to restore economic vitality to the downtown centers and the state as a whole; and

WHEREAS, by establishing a policy of and a process for locating appropriate state offices and buildings in such downtown centers, the Commonwealth can contribute to the revitalization of downtown centers, and further, can encourage the restoration or rehabilitation of the many older buildings located in downtown centers which count among our most valuable economic, architectural and historical resources.

NOW, THEREFORE, I, Michael S. Dukakis, by virtue of the authority vested in me as supreme executive magistrate, do hereby order as follows:

I. Any agency, institution, college, university, board, commission or executive office of the Commonwealth (herein- after referred to as agency) intending to obtain space for its operations by purchase, lease or otherwise, shall, where consistent with provisions of law, take all possible steps to obtain such space in existing buildings located in a downtown center of a city or town, or, in the case of a city or town with more than one downtown center, in one such area.

II. Whenever possible the agency shall obtain space within an existing building owned by the Commonwealth. Preference shall be given to available space in state buildings located in downtown centers.

III. If suitable space cannot be obtained in a state building, the agency shall give preference to obtaining suitable reasonably-priced space in a building which has been or can be restored, rehabilitated, or adapted to the agency's use, and which is located in a downtown center. If the agency proposes to obtain space outside a downtown center it shall, when applying for approval of a proposed lease or project pursuant to M.G.L. Ch. 8, Sec. lOA; Ch.29, Sects. 7-7A; Ch. 7, Sects. 39-48; or other provisions of law, submit to the Commissioner of Administration (hereinafter referred to as Commissioner) a statement signed by the agency head detailing the reasons for said agency's choice of location. Such statement shall include a list of all space considered by the agency and state why each location not chosen was unsuitable. If the Commissioner finds that suitable, reasonably-priced space can be obtained by the agency in a downtown center and if time is not of the essence, he shall disapprove the proposed lease or project.

IV. If suitable space cannot be obtained in an existing building, either requiring or not requiring renovation, at a reasonable price, the agency shall give preference to constructing a new building in a downtown center of a city or town. If the agency proposes to construct a building outside a downtown center it shall, when applying for approval of the project pursuant to Ch. 29, Sects. 7-7A; Ch. 7, Sects. 39-48; or other provisions of law, submit to the Commissioner a statement signed by the agency head detailing the reasons for said agency's choice of location. Such statement shall include a list of all locations considered by the agency and state why each location not chosen was unsuitable. If the Commissioner finds that a suitable, reasonably-priced building can be constructed in a downtown center and if time is not of the essence, he shall disapprove the proposed project.

V. In determining whether the agency should be located in a downtown center, and the type of space the agency should obtain, the agency and the Commissioner shall consider the nature of agency operations to be performed at such location; the character of the downtown center; the local downtown revitalization plan, if any; and whether the economic growth and development of the downtown center will be enhanced by locating the agency there. Renovated or new buildings shall be designed to be consistent with the character of existing buildings in the downtown center.

VI. The provisions of this order shall apply to state- assisted contracts for the construction of public buildings and public works, as if such construction were undertaken by a state agency. In such cases the head of the agency approving the state assistance shall, in coordination with the Commissioner, exercise the authority granted to the Commissioner by this order.

Given at the Executive Chamber in Boston this 31st day of March in the year of our Lord, one thousand nine hundred and seventy seven and of the Independence of the United States the two hundred and first.

MICHAEL S. DUKAKIS

Governor

Commonwealth of Massachusetts

PAUL GUZZI

Secretary of the Commonwealth