Session Laws

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. Subsection (b) of section 38A1/2 of chapter 7 of the General Laws, as appearing in section 5 of chapter 189 of the acts of 1984, is hereby amended by striking out clause (iii) and inserting in place thereof the following clause:- (iii) if a corporation, sole proprietorship, joint stock company or other entity, the majority of the directors or a majority of the stock ownership and the chief executive officer are persons who are registered architects, landscape architects, or engineers, and the person to have the project in his or her charge is registered in the discipline required for the project.

SECTION 2. Subparagraph (e) of section 38C of said chapter 7, as so appearing, is hereby amended by adding the following sentence:- For those projects without an associated estimated construction cost, including but not limited to feasibility studies, projects shall be exempt from the jurisdiction of the board if the cost of the design service is less than two thousand five hundred dollars or less than ten per cent of the amount shown in the first sentence.

SECTION 3. Section 38D of said chapter 7, as so appearing, is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-

(a) Each contract for designer services for a project subject to the jurisdiction of the board shall be publicly advertised by the board in a newspaper of general circulation in the area in which the project is located or to be located, and in the central register established under section twenty A of chapter nine, and in such places as the board requires by regulation, at least two weeks before the deadline for filing applications; provided, however, that each contract for designer services for a project whose estimated cost of construction is not less than ten thousand nor more than twenty-five thousand dollars shall not be required to be advertised in a newspaper of general circulation but shall be required to be advertised in the central register.

SECTION 4. Paragraph (c) of section 38F of said chapter 7, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The board shall transmit a list of the chosen finalists to the deputy commissioner. No person or firm debarred pursuant to section forty-four C of chapter one hundred and forty-nine or disqualified pursuant to section thirty-eight D shall be so included as a finalist. The board shall transmit to the deputy commissioner all material made or received relating to such recommendation.

SECTION 5. Paragraph (e) of said section 38F of said chapter 7, as so appearing, is hereby amended by striking out clause (ii) and inserting in place thereof the following clause:-

(ii) is currently employed by, or is a consultant to or under contract to an applicant.

SECTION 6. Said chapter 7 is hereby further amended by striking out section 38H, as so appearing, and inserting in place thereof the following section:-

Section 38H. (a) When the board has required that applicants list consultants which the applicants may employ, in no event shall a consultant be used who is debarred pursuant to section forty-four C of chapter one hundred and forty-nine and any change in or addition to the consultants named in the application and allowed by the board upon appointment must be approved by the deputy commissioner and reported to the board, along with a written statement by the designer or construction manager of the reasons for the change.

(b) If the designer's or construction manager's fee is negotiated, the designer or construction manager must file a truth-in-negotiations certificate prior to being awarded the contract by the deputy commissioner, which must be incorporated into the contract. The certificate must contain:

(i) a statement that the wage rates and other costs used to support the designer's compensation are accurate, complete, and current at the time of contracting; and

(ii) an agreement that the original contract price and any additions to the contract may be adjusted within one year of completion of the contract to exclude any significant amounts if the deputy commissioner determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs.

(c) The board may specify other special conditions or requirements in selecting a particular applicant as a finalist. If any change is made by the applicant after appointment relating to such special conditions or requirements, the change must be approved by the deputy commissioner and reported to the board along with a written statement by the appointee of the reasons for the change.

(d) A designer or programmer appointed to do a feasibility study, master plan or program for a project shall be ineligible for appointment to perform the design services for that project. This paragraph shall not apply to designers performing studies for repair work; provided, however, that such work is limited to identifying and correcting existing deficiencies in a portion of a building or its equipment; and provided, further, that the designer's fee for the combined study and design of repairs is not greater than twenty-five thousand dollars.

(e) Every contract for design services awarded under sections thirty-eight A1/2 to thirty-eight O, inclusive, shall include the following:

(i) certification that the designer or construction manager has not given, offered or agreed to give any person, corporation or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of the contract for design services;

(ii) certification that no consultant to or subcontractor for the designer or construction manager has given, offered or agreed to give any gift, contribution or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager;

(iii) certification that no person, corporation or other entity, other than a bona fide full time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and

(iv) certification with respect to contracts which exceed ten thousand dollars or which are for the design of a building for which the budgeted or estimated construction costs exceed one hundred thousand dollars that the designer has internal accounting controls as required by subsection (c) of section thirty-nine R of chapter thirty and that the designer has filed and will continue to file an audited financial statement as required by subsection (d) of said section thirty-nine R.

(f) Contracts for design services shall include a requirement that the designer at his or her own expense obtain and maintain a professional liability insurance policy covering negligent errors, omissions and acts of the designer or of any person or business entity for whose performance the designer is legally liable arising out of the performance of such contracts for design services. The designer shall furnish a certificate or certificates of such insurance coverage to the public agency prior to the award of the contract. For the purpose of this paragraph only, "public agency" shall have the meaning set forth in section thirty-nine A. A professional liability insurance policy obtained and maintained pursuant to this paragraph shall provide for coverage of not less than ten per cent of the project's estimated cost of construction for the applicable period of limitations and include any added coverage and in such amounts as the public agency shall require.

At the request of the director, a consultant employed by a designer subject to this paragraph shall obtain and maintain a liability insurance policy covering negligent errors, omissions and acts of such consultant or of any person or business entity for whose performance the consultant is legally liable arising out of the performance of the contract for consultant services. The consultant shall furnish a certificate or certificates of such insurance coverage to the division in the case of a consultant hired by a designer selected pursuant to section thirty-eight F or to a public agency not subject to the jurisdiction of said board prior to the employment of such consultant by the designer. A liability insurance policy maintained under this paragraph shall provide for coverage of such type and duration and in such amount as the public agency shall require.

(g) A designer, construction manager, or programmer who has been determined by the board to have provided materially false statements or information under this section shall be disqualified by the board from future work on any project for such time as the board determines is appropriate.

(h) Contracts for design service may include a requirement that the designer be responsible for overseeing the construction phase of the project. (i) Awarding authorities in cities and towns may allow a designer who conducted a feasibility study to continue with the design of a project, provided that they shall commission an independent review, by a knowledgeable and competent individual or business doing such work, of the feasibility designer's work to insure its reasonableness and its adequacy prior to allowing such a designer to continue on said project. SECTION 7. Section 39A of said chapter 7, as appearing in section 7 of chapter 579 of the acts of 1980, is hereby amended by striking out paragraphs (g) and (g) (1) and inserting in place thereof the following two paragraphs:-

(g) "capital facility project", an undertaking by a public agency for the planning, acquisition, design, construction, demolition, installation, repair or maintenance of a capital facility. (g1/2) "building project", a capital facility project undertaken for the planning, acquisition, design, construction, demolition, installation, repair or maintenance of any building and appurtenant structures, facilities and utilities, including initial equipment and furnishings thereof; provided, however, that appurtenant buildings or structures which are required to be constructed as integral parts of the development of sewer, water and highway systems shall not be subject to section thirty-eight C.

SECTION 8. Said section 39A of said chapter 7, as so appearing, is hereby further amended by striking out paragraph (v) and inserting in place thereof the following paragraph:-

(v) "state agency", a state agency, board, bureau, department, division, section, or commission of the commonwealth or county; provided, however, that in sections forty E to forty L, inclusive, state agency shall not include counties.

SECTION 9. The second paragraph of said section 39B of said chapter 7, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- All rules, regulations, guidelines, procedures, policies, standards, and other similar items which are issued by the deputy commissioner and which control or significantly affect the activities of contractors, designers, or the general public shall be promulgated as regulations pursuant to the provisions of chapter thirty A.

SECTION 10. Section 40A of said chapter 7, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

(1) Control and supervision of all building projects undertaken by any state agency, except to the extent provided for by sections forty B and forty-three C and that the division shall exercise oversight jurisdiction over building projects undertaken by a state agency that are financed or funded from sources other than an appropriation or the issuance of bonds, notes or other evidences of indebtedness of the commonwealth. Using agencies shall cooperate in any inquiries or inspections conducted by the division of capital planning and operations.

SECTION 11. Section 40C of said chapter 7, as so appearing, is hereby amended by striking out subsection (2) and inserting in place thereof the following subsection:-

(2) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Minority", a person with a permanent residence in the United States who is American Indian, Black, Cape Verdean, Western Hemisphere Hispanic, Aleut, Eskimo, or Asian.

"Minority business", any contracting or subcontracting business, or business that supply the contractors and subcontractors which is beneficially owned by one or more minority persons as follows:-

(1) the business must be at least fifty-one per cent owned by minority persons; in the case of a corporation having more than one class of stockholders, the ownership requirement must be met as to each class of stock;

(2) the minority owners must demonstrate that they have dominant control over management;

(3) the business has not been established solely for the purpose of taking advantage of a special program which has been developed to assist minority businesses;

(4) in the case of a joint venture between a minority business meeting the requirements of clauses (1) to (3), inclusive, and a nonminority business, the joint venture shall be found to be a minority business if the minority business meeting the requirements of said clauses (1) to (3), inclusive, shall have more than one-half control over management of the project bid upon and shall have the right to receive more than one-half of the profits deriving from that project.

"Women-owned business" means any contracting or subcontracting business which is beneficially owned by one or more women meeting the requirements set forth in clauses (1) to (4), inclusive, of the definition of minority business, except that the terms "women", "women owners", and "women-owned business", shall be substituted for the terms "minority" and "minority persons", "minority owners", and "minority business" appearing in that definition. "Material Supplier" refers to a vendor engaged in sales to the construction industry from an established place of business or source of supply and that vendor manufactures goods from raw materials or substantially alters them before resale or provides and maintains a storage facility for materials utilized in the work consistent with normal industry practice. A material supplier may be given one hundred per cent credit of the total purchase order if it manufactures or substantially alters the materials supplies. A material supplier that does not manufacture supplies may be entitled to a credit in the amount of ten per cent of the total purchase order for the supplies.

The deputy commissioner, with the cooperation and approval of the state office of minority business assistance (SOMBA) established by section thirty-eight of chapter twenty-three A, shall, at the beginning of each fiscal year, establish a specific annual dollar value of contracting and subcontracting work on capital facility projects subject to the supervision and control of the division of capital planning and operations which shall be reserved for minority-owned businesses and women-owned businesses. The total specific annual dollar value reserved for minority-owned businesses under this section shall not constitute less than five per cent of the value of the contracts awarded on capital facility projects during the preceding fiscal year. The total specific annual dollar value when established shall be binding on both the division and SOMBA; both agencies are required to cooperate and to take whatever steps they jointly deem necessary to implement the requirements of this section. The deputy commissioner of the division and the director of SOMBA shall meet on a quarterly basis to determine what portion of the total specific dollar value reserved for minority-owned and women-owned businesses the division has already awarded to such businesses an what further steps both agencies deem necessary to achieve the purpose of this section.

The deputy commissioner will reserve five per cent of the estimated construction cost of each capital facility project for minority-owned businesses, and five per cent for women-owned businesses, except as follows:-

(1) A greater percentage may be reserved to reflect the percentage of the minority population within the standard metropolitan statistical or labor market area in which the capital facility is located; to reflect the numbers of minority-owned and women-owned businesses available to perform work on a project; or to achieve the specific annual dollar value reserved for minority-owned or women-owned businesses.

(2) If because of the size, nature, or location of a particular capital facility project, it is not feasible to reserve a minimum of five per cent for a minority-owned or women-owned business, the division may either reserve a lesser portion of work for minority-owned or women-owned businesses or waive the participation requirements on that particular project.

SOMBA may hold any project for up to thirty days for review, before bid specifications are made public, if it believes that the size, nature, or location of the project does not justify a reduction in the women or minority business set-aside below five per cent.

No portion of contracting or subcontraction work reserved for minority-owned businesses under the provisions of this section shall be awarded to any women-owned business not meeting the requirements of a minority-owned business under this section; nor shall any portion of contracting and subcontracting work reserved for women-owned businesses under the provisions of this section be awarded to any minority-owned business not meeting the requirements of a women-owned business under this section.

The deputy commissioner with the cooperation and approval of SOMBA shall develop the contract specifications, terms, conditions, and language and shall take the administrative steps necessary to carry out the purpose of this section. SOMBA shall be responsible for establishing and updating, by periodic additions and deletion, a list of minority-owned and women-owned businesses under this section, and shall cause the list to be published in the central register established by section twenty of chapter nine, and filed with the joint committee on state administration, and in such other publications as the deputy commissioner shall designate.

The deputy commissioner shall by March fifteenth of each year submit to SOMBA, the commissioner of administration, the state commission against discrimination, the joint committee on state administration, and the general court a report describing the number of contracts and subcontracts awarded by the division of capital planning and operations to minority-owned and women-owned businesses within the preceding calendar year. The report shall, at a minimum, show the name and address of each such business, its designation as a minority-owned or women-owned business, the contract, or subcontract price, a description of the work performed of such contract by class of work and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price.

SECTION 12. Said chapter 7 is hereby further amended by striking out section 40D, as so appearing, and inserting in place thereof the following section:-

Section 40D. The deputy commissioner shall, no less often than once every three months, prepare a comprehensive report on the progress of all capital facility projects subject to the jurisdiction of the division of capital planning and operations as defined by section forty B of this chapter but not including those for which a city or town is the administering agency. At the discretion of the deputy commissioner, said reports may exclude capital facility projects with a total project cost of less than twenty-five thousand dollars for which the administering agency is other than a state agency. Said report shall include, but not be limited to, a statement of the name of each project, the administering agency and the using agency, a brief current description of the project and any substantial changes in the description of the project during the past three months, the source of funds, the state of progress of the project, a summary of the total and major costs of the projects as originally estimated and as currently expended or currently estimated to be expended, the original project schedule and the current and estimated progress of the project, and such other information as the deputy commissioner may require be included. Said report shall be submitted to the commissioner of administration and the clerks of the house of representatives and the senate and shall be a public document.

The deputy commissioner of capital planning and operations shall by February fifteenth of each year prepare a comprehensive annual report on the progress of all capital facility projects subject to the jurisdiction of the division of capital planning and operation defined by section forty A. At the discretion of the deputy commissioner, said annual report need not include capital facility projects with a total project cost of less than twenty-five thousand dollars for which the administering agency is other than a state agency. Said annual report shall constitute one of the four reports required by the previous paragraph of this section but shall contain in addition to the information required in the previous paragraph for each capital facility project, the following data: the authorizations for and sources of funds and expenditure and unencumbered balances thereof; identification of the designers and contractors who have contracted with the administering agency to provide materials or services therefor, the administering agency's project and contract numbers, the value of the contracts and the amount of money paid in accordance with the contracts; and such other information as the deputy commissioner may require be included. The deputy commissioner shall also include in his/her report a statement of the problems which have arisen in the capital facility procurement programs and procedures of public agencies and his/her specific recommendations for administrative and legislative action which in his/her view are necessary to remedy such problems. Said report shall be submitted to the commissioner of administration and the general court and shall be a public document available for general distribution.

The deputy commissioner shall by February fifteenth of each year prepare a comprehensive report including but not limited to, an analysis of the utilization, cost and method of acquisition of real property acquired for the use of state agencies; the sale or rental of such real property and revenue realized therefrom; and problems which have arisen in the management of real property by the commonwealth, with specific recommendations for administrative and legislative action which in his/her view are necessary to remedy such problems. Said report shall be submitted to the commissioner of administration, the joint committee on state administration, and the general court and shall be a public document available for general distribution.

The deputy commissioner shall develop and annually revise a proposed capital repair and maintenance plan for state buildings subject to the jurisdiction of the division of capital planning and operations. The plan shall be based upon repair and maintenance schedules formulated for each building and group of buildings by the director of facilities management in accordance with the provisions of sections forty-three A, forty-three C, and forty-three E. In addition to developing capital repair and maintenance schedules for state buildings, the plan shall analyze the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation, rehabilitation, or replacement of the state buildings. The deputy commissioner shall by February fifteenth of each year, submit the proposed capital repair and maintenance plan required by this paragraph to the house and senate ways and means committees and the chairmen of the joint committee on state administration.

The deputy commissioner shall keep an up-to-date record, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all building projects subject to the jurisdiction of the division of capital planning and operations.

The deputy commissioner shall, by February fifteenth of each year, prepare a report, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all capital facility projects, said report shall include narrative statements indicating why such repairs or maintenance on such projects have been or will be postponed or cancelled. A copy of said report shall be sent to the house and senate committees on ways and means, and to the chairmen of the joint committee on state administration.

The governor may, include in his capital outlay budget or request, a budget narrative statement, indicating why any and all repairs or maintenance on capital facility projects of the commonwealth, have been or will be postponed or cancelled.

Upon completion of the final design of each state building project estimated to cost in excess of five million dollars, the deputy commissioner shall prepare an analysis detailing the maintenance costs projected annually over the useful life of the building. The deputy commissioner shall, by February sixteenth of each year, prepare a report summarizing the annual maintenance costs projected for each building project described in this paragraph, for which final design was completed during the prior year. The report shall be filed with the chairmen of the joint committee on state administration and the agency responsible for the operation and maintenance of the building project.

In subsequent fiscal years for which the maintenance report indicates that maintenance will be required, the agency responsible for the operation and maintenance of the building shall include the projected annual maintenance costs contained in the report in its annual budget request, provided that revisions to the maintenance costs originally projected by the deputy commissioner shall be addressed in the agency's budget narrative.

The deputy commissioner shall be responsible for providing state agencies with comprehensive maintenance manuals for all new building projects constructed on behalf of an agency.

SECTION 13. Section 40E of said chapter 7, as amended by section 6 of chapter 189 of the acts of 1984, is hereby further amended by inserting before the first paragraph the following paragraph:-

Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect the transfer to the commonwealth of title to such real property, but the land court department of the trial court shall, upon petition of the division of capital planning and operations, issue in the name of the commonwealth a certificate of title to any real property, title to which is registered under chapter one hundred and eighty-five in the name of a state agency or the board of trustees of a state agency or similar board of a state agency.

SECTION 14. The first paragraph of said section 40E of said chapter 7, as appearing in said section 6 of said chapter 189, is hereby amended by striking out the last two sentences and inserting in place thereof the following two sentences:- The deputy commissioner may delegate to state agencies responsibility for the acquisition, control, and disposition of real property as provided for in this chapter; except that the deputy commissioner may not delegate responsibility for determining that property is surplus to state needs as required in section forty F. When responsibility is delegated to a state agency, the written approval of the deputy commissioner shall be required before the transaction is completed, and a copy of said written approval shall be sent to the joint committee on state administration.

SECTION 15. Said section 40E of said chapter 7, as so appearing, is hereby further amended by striking out the second paragraph.

SECTION 16. Said chapter 7 is hereby further amended by striking out section 40F, as amended by section 15 of chapter 636 of the acts of 1983, and inserting in place thereof the following section:-

Section 40F. The deputy commissioner of capital planning and operations shall be responsible for the acquisition, control and disposition of real property in the manner and to the extent provided in this chapter. The deputy commissioner may delegate such responsibility to an administrator, who has ten years of experience in the management of commercial, industrial, institutional or public real property. When responsibility is delegated to an administrator the written approval of the deputy commissioner shall be required before such transaction is finalized.

The deputy commissioner shall acquire interest in real property on behalf of the commonwealth for the use of state agencies by gift, purchase, devise, grant, eminent domain, rental, lease, rental-purchase or otherwise.

In acquiring buildings for the use of state agencies, first consideration shall be given to any structures that have been certified as historic landmarks as provided by sections twenty-six through twenty-seven C inclusive of chapter nine, that have been listed in the National Register of Historic Places as provided by 16 U.S.C. section 470a (1974) or that have been designated historic landmarks by local historic commissions, unless use of such buildings would not be feasible in terms of costs and requirements when compared with other available properties.

Notwithstanding any laws to the contrary, real property acquired for the use of state agencies shall be held in the name of the commonwealth.

The deputy commissioner shall assist in the preparation and shall approve of plans for the organization of all space within and around buildings and appurtenant structures used by state agencies, and shall assign the use of space within and around the state house, in accordance with the provisions of sections ten, sixteen A and seventeen of chapter eight the John W. McCormack State Office Building; the Leverett Saltonstall State Office Building; the Springfield Office Building; the Pittsfield Office Building; the Erich Lindemann Building; the Charles F. Hurley Building; any real property acquired for the use of state agencies, the greater part of which is not needed by any one state agency; and any other real property assigned by law to the division of capital planning and operations.

The deputy commissioner, with the written approval of the commissioner of administration, may transfer use of, and responsibility for maintenance of, buildings, including equipment therein, within or between state agencies. No such transfer within or between state agencies which involves either a change in the purposes for which such building is currently used or a change in use in excess of fifty per cent of the usable floor space, shall be made without the prior approval of the general court. Any such transfer shall be based on a determination, made by the deputy commissioner with the advice of the executive heads of affected agencies and secretaries of the executive offices in which such agencies are located, that such property is not needed, is under utilized, or is not being put to optimum use under current conditions. The deputy commissioner shall notify the house and senate committees on ways and means and the representatives to the general court from the city or town in which such real property is located not less than thirty days prior to the final authorization of any transfer which does not require the approval of the general court, and such transfer shall only be made when the general court is in session except as provided hereafter. Such transfer may be made when the general court is not in session, and the thirty day notification requirement may be waived, only if the deputy commissioner certifies in writing that an emergency exists; provided that, any such transfer may be authorized for a period not to exceed six months, and provided further, that the deputy commissioner shall submit his/her certification to and notify the house and senate ways and means committees of such transfer at the earliest possible opportunity.

The deputy commissioner may, after notification to and with the advice of the executive heads of state agencies and secretaries of the executive offices, determine that real property is not needed for the use of any state agency. If he determines that such property is surplus to both the current and foreseeable needs of state agencies, the deputy commissioner shall determine whether any other public agency has a current or foreseeable direct public use for the property. For the purposes of determining whether property is surplus to direct public use, direct public use is defined in this section as use of property for a public agency's own operations, but does not include conveyance by such agency of any interest in the property to another party, but does include lease of the property by local housing authorities to public housing tenants.

When property is determined to be surplus, to either current state or current direct public uses, but not to foreseeable state or foreseeable direct public uses, the deputy commissioner shall take such action as is necessary to ensure that any disposition of the property is temporary and maintains the deputy commissioner's ability to make such property available to a state agency or other public agency at such time as it is needed.

If the deputy commissioner determines that the property is not needed for current or foreseeable state or direct public use as defined above and that the property should be disposed of, he shall declare that the property is available for disposition and shall identify restrictions, if any, on the property's use and development necessary to comply with established state and local plans and policies, and he shall send written notification of such to the house and senate committees on ways and means, and the joint committee on state administration.

The deputy commissioner may convene an advisory committee to advise him on reuses and to recommend reuse restrictions for property declared surplus. If an advisory committee is convened, the deputy commissioner shall invite the representatives to the general court from the city or town in which the property is located to serve on the committee. The deputy commissioner shall prepare a preliminary report on his findings, which shall include both his recommendation, and those of the advisory committee if established, for reuse restrictions for the property.

The deputy commissioner shall conduct a public hearing to consider potential reuses and reuse restrictions for the surplus property and to review the deputy commissioner's preliminary report if the property exceeds two acres or if the deputy commissioner determines that a hearing should be held for a smaller parcel. If he determines to conduct a hearing, the deputy commissioner shall provide notice in the central register of the public hearing at least sixty days prior to (1) notification to the house and senate committees on ways and means and the joint committee on state administration, of a temporary disposition of property to a public agency for less than five years for a direct public use, or (2) submission of a request to the general court for authority to otherwise dispose of real property as provided in this section. A notice of the public hearing shall also be placed, at least once each week for the four consecutive weeks preceding the hearing, in newspapers with sufficient circulation to inform the people of the affected locality. The hearing shall be held in the locality in which the property is located no sooner than thirty days and no later than thirty-five days after the notice is published in the central register.

The deputy commissioner may, with the written approval of the commissioner, enter into agreements for the direct public use of surplus real property by public agencies other than state agencies, for a term not to exceed five years. Such agreement shall prohibit subsequent conveyance of interest in the property by the public agency to another party. The deputy commissioner shall notify the house and senate committees on ways and means and the joint committee on state administration thirty days prior to the final authorization of any such agreement. The notification shall include the deputy commissioner's report on recommended reuse restrictions. In no event shall any such agreement be made when the general court is not in session.

The deputy commissioner shall establish the value of surplus property through procedures customarily accepted by the appraising profession as valid for determining property value. The value shall be calculated both for: (1) the highest and best use of the property as currently encumbered; and (2) uses and encumbrances defined by the deputy commissioner.

The deputy commissioner may, with the approval of the commissioner, request from the general court authorization to dispose of state real property determined to be surplus to state agency needs: (1) to public agencies of the commonwealth other than state agencies for direct public uses, over a period exceeding five years, (2) to a public agency of the commonwealth other than a state agency, for uses other than direct public uses, and (3) to an individual, entity, or the federal government; or any extension of any agreement for such use beyond a cumulative period of five years. Accompanying his request for authorization to dispose of property, the deputy commissioner shall submit his report including a description of the property, its current use, structures, and approximate metes and bounds, the value of the property and recommended restrictions, if any, on reuses of the property. The deputy commissioner shall also request authorization to negotiate real property disposition agreements with parties to be selected by the deputy commissioner after he evaluates competitive proposals. Disposition agreements subsequently negotiated by the deputy commissioner shall be consistent with the reuse restrictions approved by the general court.

Notwithstanding the provisions of this section, leases for agricultural purposes on land owned by the commonwealth shall be made for a term of not more than five years, and the renewal date for such leases shall not be less than one year prior to the end of the lease period. Holders of such leases shall be given the opportunity to renew such leases for a consideration equal to the current lease amount plus an escalation amount to be established annually by the deputy commissioner for application to all such leases.

The deputy commissioner shall monitor compliance with disposition agreements.

The deputy commissioner shall develop regulations governing the conditions under which he will recommend to the general court that a public agency, including but not limited to the government land bank, receive title to surplus property for other than direct public use.

For bills which authorize the sale, transfer, or other disposition of any state-owned real property filed by persons other than the deputy commissioner of capital planning and operations, the clerk of the house of representatives and the clerk of the senate shall, within ten days of the filing, forward a copy of said bill to the deputy commissioner. Within ninety days of the receipt of said copy, the deputy commissioner shall submit in writing a report to the commissioner of administration, the legislative committee before which the bill is pending, and the joint committee on state administration together with a recommendation for either the approval or the disapproval of the bill and his reasons therefor.

If the deputy commissioner is recommending the approval of a bill proposing the disposition of a parcel exceeding two acres, said report shall include: (1) a description of the property including its current use, structures, and approximate metes and bounds; (2) the value of the property, determined through procedures customarily accepted by the appraising profession as valid for such purposes, calculated both for (a) the highest and best use of the property as currently encumbered and (b) uses and encumbrances that would be imposed by the bill if enacted; (3) all current and foreseeable direct public uses identified by following the division's procedures for such purposes as they apply to the property to be disposed (4) other potential public and private uses of the property; and (5) any other information the general court may require.

The deputy commissioner shall expeditiously review and recommend approval or disapproval of any proposal to the general court for the sale, rental or other disposition of real property acquired on behalf of state agencies, and shall dispose of real property as mandated by the general court. All legislation submitted to the general court by the division of capital planning and operations requesting authorization to convey or transfer real property under its jurisdiction shall be accompanied by a full report outlining the division's reasons for pursuing said conveyance or transfer.

SECTION 17. Said chapter 7 is hereby further amended by inserting after section 40F the following section:-

Section 40F1/2. (a) When authorized by the general court to sell, rent or otherwise dispose of real property, the deputy commissioner shall proceed in accordance with the provisions of this section, provided that any action or determination required hereunder which the deputy commissioner has undertaken within eighteen months prior to enactment of the authorization to dispose of the property need not be repeated if the deputy commissioner (1) files, as provided in subsection (b), a report fully describing such action or determination, a copy of which shall be sent to the clerks of the senate and the house of representatives, and the joint committee on state administration, and (2) certifies under penalties of perjury that such report is accurate and that the action or determination described therein was undertaken within eighteen months prior to the date of enactment of the authorization to dispose of the property.

The deputy commissioner shall, after notification to and with the advice of the executive heads of state agencies and secretaries of the executive offices, determine whether such property is surplus to both current and foreseeable needs of state agencies. If the deputy commissioner determines that the property is not surplus to either current or foreseeable needs of state agencies, he shall make no disposition that is inconsistent with such determination.

If the deputy commissioner determines that such property is surplus to both the current and foreseeable needs of state agencies, he shall provide written notice, for each city or town in which the property is located, to the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency, and the members of the general court. The deputy commissioner shall set forth in such notice a description of the property; a declaration that the property is surplus to the needs of state agencies and that subject to the approval of the deputy commissioner the property is available to any other public agency for a direct public use; and a statement that, if so requested by any public official or body entitled under this section to receive such notice, a public hearing will be conducted in the city or town where such property is located, to assist the deputy commissioner in determining whether any other public agency has a current or foreseeable direct public use for the property. Following such hearing, if any, but in no event earlier than thirty days following the notice, the deputy commissioner shall determine whether any other public agency has a current or foreseeable direct public use for the property. If he determines that the property is not surplus to either current or foreseeable direct public uses of public agencies, he shall make no disposition that is inconsistent with such determination.

When the property is determined to be surplus to either current state or current direct public uses, but not to foreseeable state or foreseeable direct public uses, the deputy commissioner shall take such action as is necessary to ensure that any disposition of the property is temporary and maintains the deputy commissioner's ability to make such property available to a state agency or other public agency at such time as it is needed.

If the deputy commissioner determines that the property is surplus to both current and foreseeable direct public uses of public agencies, he may dispose of the property to a public agency for other than direct public use, or to an individual or entity, provided that any such disposition shall be subject to the provisions of section forty H.

If the deputy commissioner determines that the property is not needed for current or foreseeable state or direct public use and that the property should be disposed of, either temporarily or permanently, he shall declare that the property is available for disposition and shall determine appropriate reuse restrictions. The deputy commissioner shall ensure that any rental agreement, and in the case of a conveyance a deed or separate disposition agreement as deemed appropriate by the deputy commissioner, shall set forth all such reuse restrictions; shall provide for effective remedies on behalf of the commonwealth, including if deemed appropriate by the deputy commissioner that title to the property, or such lesser interest as is the subject of the disposition agreement, shall revert to the commonwealth in the event of a violation of any such reuse restriction; and shall provide, in the case of a disposition to a public agency for a direct public use, that the title to the property, or such lesser interest as is the subject of the disposition agreement, shall revert to the commonwealth in the event the property is no longer utilized for such direct public use.

In determining reuse restrictions, the deputy commissioner shall conform to all such restrictions pertaining to the property which may have been mandated by the general court, and may adopt additional restrictions, taking account of established state and local plans and policies. The deputy commissioner shall conduct a public hearing to consider reuse restrictions if the property exceeds two acres or if the deputy commissioner determines that a hearing should be held for a smaller parcel. Notice of the public hearing shall be placed at least once each week for four consecutive weeks preceding the hearing, in newspapers with sufficient circulation to inform the people of the affected locality. The hearing shall be held in the locality in which the property is located no sooner than thirty days and no later than thirty-five days after notice thereof is published in the central register.

The deputy commissioner shall establish the value of the property, through procedures customarily accepted by the appraising profession as valid for determining property value, for both the highest and best use of the property as currently encumbered and under the reuse restrictions as determined pursuant to this section.

No agreement for the rental or other disposition of state-owned real property, and no deed, executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following declaration, signed by the deputy commissioner: `tm;i1=5,5

i1 The undersigned certifies under penalties of perjury that I have fully complied with the provisions of Section 40F1/2 of Chapter 7 of the General Laws in connection with the property described herein.

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