Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1303 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1468 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1303
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward J. Kennedy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a Municipal Building Assistance Program and Building Authority.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst Middlesex 1 of 6
16	16	SENATE DOCKET, NO. 1468 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1303
18	18	By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1303) of Edward J. Kennedy for
19	19	legislation relative to a Municipal Building Assistance Program and Building Authority.
20	20	Municipalities and Regional Government.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1343 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing a Municipal Building Assistance Program and Building Authority.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 The General Laws are hereby amended by inserting after chapter 40W the following
32	32	2chapter:-
33	33	3 CHAPTER 40X
34	34	4 SECTION 1. Whereas the costs of the municipal building construction is increasing at an
35	35	5unsustainable rate and local governments need flexibility in municipal building assistance to
36	36	6ensure that local needs for municipal facility space, downtown development, open space and
37	37	7community space are met; and to promote the thoughtful planning and construction of municipal
38	38	8facility space in order to insure safe and adequate plant facilities for the public, and to assist
39	39	9towns in meeting the cost thereof, there is hereby established a municipal building assistance 2 of 6
40	40	10program. It is in the best interests of the commonwealth and its citizens to create an authority to
41	41	11achieve the objectives of effective management and planning of the commonwealth's
42	42	12investments in municipal building assets, ensuring the health, safety, security and well-being of
43	43	13residents and staff, easing and preventing overcrowding, maintaining good repair, efficient and
44	44	14economical construction and maintenance, financial sustainability of the municipal building
45	45	15assistance program, thoughtful community development, smart growth and accessibility.
46	46	16 SECTION 1A. (a) There is hereby created a body politic and corporate and a public
47	47	17instrumentality to be known as the Massachusetts Municipal Building Authority, which shall be
48	48	18an independent public authority not subject to the supervision and control of any other executive
49	49	19office, department, commission, board, bureau, agency or political subdivision of the
50	50	20commonwealth except as specifically provided in any general or special law. The exercise by the
51	51	21authority of the powers conferred by this chapter shall be considered to be the performance of an
52	52	22essential public function.
53	53	23 (b) The authority shall consist of the state treasurer, who shall serve as chairperson, the
54	54	24secretary of administration and finance, a representative of the Massachusetts Municipal
55	55	25Association, and 4 additional members appointed by the state treasurer, 2 of whom shall have
56	56	26practical experience in public building construction, or architecture and design, and 2 of whom
57	57	27shall be persons in the field of municipal management with demonstrated knowledge of
58	58	28Massachusetts facility needs and other relevant federal and state building standards, each of
59	59	29whom shall serve a term of 2 years; but, a person appointed to fill a vacancy shall serve only for
60	60	30the unexpired term. An appointed member of the authority shall be eligible for reappointment.
61	61	31The authority shall annually elect 1 of its members to serve as vice-chairperson. Each member of
62	62	32the authority serving ex officio may appoint a designee pursuant to section 6A of chapter 30. 3 of 6
63	63	33 (c) Four members of the authority shall constitute a quorum, and the affirmative vote of 4
64	64	34members of the authority shall be necessary and sufficient for any action taken by the authority.
65	65	35No vacancy in the membership of the authority shall impair the right of a quorum to exercise all
66	66	36the rights and duties of the authority. Members shall serve without pay but shall be reimbursed
67	67	37for actual expenses necessarily incurred in the performance of their duties. The chairperson of
68	68	38the authority shall report to the governor and to the general court no less than annually, to assist
69	69	39the executive and legislative branches in coordinating community development and fiscal
70	70	40policies of the commonwealth.
71	71	41 (d) Any action of the authority may take effect immediately and need not be published or
72	72	42posted unless otherwise provided by law. Meetings of the authority shall be subject to section
73	73	4311A1/2 of chapter 30A; but, said section 11A1/2 shall not apply to any meeting of members of
74	74	44the authority serving ex officio in the exercise of their duties as officers of the commonwealth so
75	75	45long as no matters relating to the official business of the authority are discussed and decided at
76	76	46the meeting. The authority shall be subject to all other provisions of said chapter 30A, and
77	77	47records pertaining to the administration of the authority shall be subject to section 42 of chapter
78	78	4830 and section 10 of chapter 66. All moneys of the authority shall be considered to be public
79	79	49funds for purposes of chapter 12A. The operations of the authority shall be subject to chapter
80	80	50268A and chapter 268B and all other operational or administrative standards or requirements to
81	81	51the same extent as the office of the state treasurer.
82	82	52 SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after
83	83	53section 35SSS, the following section:- 4 of 6
84	84	54 Section 35TTT. (a) As used in this section, the following words shall, unless the context
85	85	55requires otherwise, have the following meanings:-
86	86	56 "Authority", the Massachusetts Municipal Building Authority.
87	87	57 "Dedicated sales tax revenue amount", all moneys received by the commonwealth equal
88	88	58to 0.5 per cent of the receipts from sales, as defined by chapter 64H, and 0.5 per cent of the sales
89	89	59price of purchases, as defined by chapter 64I, from that portion of the taxes imposed under said
90	90	60chapters 64H and 64I as excises upon the sale and use at retail of tangible property or of services,
91	91	61and upon the storage, use or other consumption of tangible property or of services, including
92	92	62interest thereon or penalties, but not including any portion of the taxes that constitute special
93	93	63receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997
94	94	64or within the meaning of subsection (b½) of said section 10 of said chapter 152 or any portion of
95	95	65the taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of said chapter
96	96	6664H.
97	97	67 "Receipts from sales", gross receipts from nonexempt sales, less amounts abated or
98	98	68reimbursed.
99	99	69 "Sales price of purchases", sales price of nonexempt purchases, less amounts abated or
100	100	70reimbursed.
101	101	71 (b) There shall be established on the books of the commonwealth a separate fund, to be
102	102	72known as the Municipal Building Modernization and Reconstruction Trust Fund. There shall be
103	103	73credited to the fund the dedicated sales tax revenue amount. Annual receipts into the fund on
104	104	74account of any fiscal year shall be considered to meet the full obligation of the commonwealth to
105	105	75the authority for such fiscal year. 5 of 6
106	106	76 (c) Amounts in the fund shall be held by the state treasurer or his designee, as trustee and
107	107	77not on account of the commonwealth, exclusively for the purposes of the authority, and the state
108	108	78treasurer shall disburse amounts in the fund to the authority, without further appropriation, upon
109	109	79the request from time to time of the executive director of the authority. All amounts in the fund,
110	110	80including investment earnings, shall be available for expenditure by the authority for any lawful
111	111	81purpose, including without limitation payment of debt service on debt obligations issued by the
112	112	82authority, and may be pledged to secure debt of the authority in such manner and according to
113	113	83such priority as the authority may determine.
114	114	84 (d) The authority shall certify annually to the treasurer as trustee with copies provided to
115	115	85the clerks of the house and senate and to the house and senate committees on ways and means
116	116	86that it has made provision in its annual budget and its capital plan under section 17 of chapter
117	117	8770B for sufficient amounts to be available to meet debt service payments or other payments due
118	118	88under financing obligations, including, without limitation, leases or grant obligations.
119	119	89 (e) Subject to applicable restrictions contained in any bond resolution, trust or security
120	120	90agreement or credit enhancement agreement, surety bond or insurance policy related to
121	121	91indebtedness incurred by the authority, including without limitation coverage requirements, if the
122	122	92authority shall determine that the balance of the fund exceeds the amount necessary to achieve
123	123	93the purposes of the authority, including, without limitation, to meet debt service payments, lease
124	124	94payments and grant obligations, the authority may transfer the excess amount to the
125	125	95commonwealth.
126	126	96 (f) In order to increase the marketability of any bonds or notes of the trust which may be
127	127	97secured by or payable from amounts held in the fund, the sums to be credited to the fund are 6 of 6
128	128	98hereby impressed with a trust for the benefit of the trust and the holders from time to time of the
129	129	99bonds or notes, and in consideration of the acceptance of payment for the bonds or notes, the
130	130	100commonwealth covenants with the purchasers and all subsequent holders and transferees of the
131	131	101bonds or notes that while the bond or note shall remain outstanding, and so long as the principal
132	132	102of or interest on the bond or note shall remain unpaid, the sums to be credited to the fund shall
133	133	103not be diverted from the control of the trust and, so long as the sums are necessary, as determined
134	134	104by the authority in accordance with any applicable bond resolution, trust or security agreement or
135	135	105credit enhancement agreement, surety bond or insurance policy related to indebtedness incurred
136	136	106by the trust, for the purposes for which they have been pledged, the rates of the excises imposed
137	137	107by said chapters 64H and 64I shall not be reduced below the rates prescribed by this section.