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SENATE DOCKET, NO. 1249 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1712
The Commonwealth of Massachusetts
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PRESENTED BY:
Edward J. Kennedy
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing a public safety building authority and assistance program.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst MiddlesexDavid T. Vieira3rd Barnstable2/5/2025Steven George Xiarhos5th Barnstable2/5/2025 1 of 6
SENATE DOCKET, NO. 1249 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1712
By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1712) of Edward J. Kennedy,
David T. Vieira and Steven George Xiarhos for legislation to establish a public safety building
authority and assistance program. Public Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1537 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing a public safety building authority and assistance program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 The General Laws are hereby amended by inserting after chapter 22E the following
2chapter:-
3 CHAPTER 22F.
4 PUBLIC SAFETY BUILDING ASSISTANCE PROGRAM.
5 Section 1. Whereas the costs of the building police stations, fire stations, and other public
6safety facilities are increasing at an unsustainable rate and local governments need flexibility in
7public safety building assistance to ensure that local needs for public safety facility space,
8downtown development, open space and community space are met; and to promote the
9thoughtful planning and construction of public safety facility space in order to insure safe and 2 of 6
10adequate plant facilities for the public safety facilities, and to assist towns in meeting the cost
11thereof, there is hereby established a public safety building assistance program. It is in the best
12interests of the commonwealth and its citizens to create an authority to achieve the objectives of
13effective management and planning of the commonwealth's investments in public safety building
14assets, maintaining good repair, efficient and economical construction and maintenance,
15financial sustainability of the public safety building assistance program, thoughtful community
16development, and accessibility.
17 Section 2. (a) There is hereby created a body politic and corporate and a public
18instrumentality to be known as the Massachusetts Public Safety Building Authority, which shall
19be an independent public authority not subject to the supervision and control of any other
20executive office, department, commission, board, bureau, agency or political subdivision of the
21commonwealth except as specifically provided in any general or special law. The exercise by the
22authority of the powers conferred by this chapter shall be considered to be the performance of an
23essential public function.
24 (b) The purpose of this authority would be to oversee a public facilities building program
25to provide state building assistance for the new construction, renovation, or remodeling of police
26stations, fire stations, and other public safety facilities.
27 (c) The authority shall consist of the state treasurer, who shall serve as chairperson, the
28secretary of administration and finance, the secretary of the executive office of public safety and
29security, and 4 additional members appointed by the state treasurer, 2 of whom shall have
30practical experience in public safety facilities planning, public safety facilitiy construction, or
31architecture and public safety facility design, and 2 of whom shall be persons in the field of law 3 of 6
32enforcement or fire management, each of whom shall serve a term of 2 years; but, a person
33appointed to fill a vacancy shall serve only for the unexpired term. An appointed member of the
34authority shall be eligible for reappointment. The authority shall annually elect 1 of its members
35to serve as vice-chairperson. Each member of the authority serving ex officio may appoint a
36designee pursuant to section 6A of chapter 30.
37 (d) Four members of the authority shall constitute a quorum, and the affirmative vote of 4
38members of the authority shall be necessary and sufficient for any action taken by the authority.
39No vacancy in the membership of the authority shall impair the right of a quorum to exercise all
40the rights and duties of the authority. Members shall serve without pay but shall be reimbursed
41for actual expenses necessarily incurred in the performance of their duties. The chairperson of
42the authority shall report to the governor and to the general court no less than annually, to assist
43the executive and legislative branches in coordinating public safety and fiscal policies of the
44commonwealth.
45 (e) Any action of the authority may take effect immediately and need not be published or
46posted unless otherwise provided by law. The authority shall be subject to all provisions of
47chapter 30A, and records pertaining to the administration of the authority shall be subject to
48section 42 of chapter 30 and section 10 of chapter 66. All moneys of the authority shall be
49considered to be public funds for purposes of chapter 12A. The operations of the authority shall
50be subject to chapter 268A and chapter 268B and all other operational or administrative
51standards or requirements to the same extent as the office of the state treasurer.
52 SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after
53section 35SSS, the following section:- 4 of 6
54 Section 35TTT. (a) As used in this section, the following words shall, unless the context
55requires otherwise, have the following meanings:-
56 "Authority", the Massachusetts Municipal Building Authority.
57 "Dedicated sales tax revenue amount", all moneys received by the commonwealth equal
58to 0.5 per cent of the receipts from sales, as defined by chapter 64H, and 0.5 per cent of the sales
59price of purchases, as defined by chapter 64I, from that portion of the taxes imposed under said
60chapters 64H and 64I as excises upon the sale and use at retail of tangible property or of services,
61and upon the storage, use or other consumption of tangible property or of services, including
62interest thereon or penalties, but not including any portion of the taxes that constitute special
63receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997
64or within the meaning of subsection (b½) of said section 10 of said chapter 152 or any portion of
65the taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of said chapter
6664H.
67 "Receipts from sales", gross receipts from nonexempt sales, less amounts abated or
68reimbursed.
69 "Sales price of purchases", sales price of nonexempt purchases, less amounts abated or
70reimbursed.
71 (b) There shall be established on the books of the commonwealth a separate fund, to be
72known as the Municipal Building Modernization and Reconstruction Trust Fund. There shall be
73credited to the fund the dedicated sales tax revenue amount. Annual receipts into the fund on
74account of any fiscal year shall be considered to meet the full obligation of the commonwealth to
75the authority for such fiscal year. 5 of 6
76 (c) Amounts in the fund shall be held by the state treasurer or his designee, as trustee and
77not on account of the commonwealth, exclusively for the purposes of the authority, and the state
78treasurer shall disburse amounts in the fund to the authority, without further appropriation, upon
79the request from time to time of the executive director of the authority. All amounts in the fund,
80including investment earnings, shall be available for expenditure by the authority for any lawful
81purpose, including without limitation payment of debt service on debt obligations issued by the
82authority, and may be pledged to secure debt of the authority in such manner and according to
83such priority as the authority may determine.
84 (d) The authority shall certify annually to the treasurer as trustee with copies provided to
85the clerks of the house and senate and to the house and senate committees on ways and means
86that it has made provision in its annual budget and its capital plan under section 17 of chapter
8770B for sufficient amounts to be available to meet debt service payments or other payments due
88under financing obligations, including, without limitation, leases or grant obligations.
89 (e) Subject to applicable restrictions contained in any bond resolution, trust or security
90agreement or credit enhancement agreement, surety bond or insurance policy related to
91indebtedness incurred by the authority, including without limitation coverage requirements, if the
92authority shall determine that the balance of the fund exceeds the amount necessary to achieve
93the purposes of the authority, including, without limitation, to meet debt service payments, lease
94payments and grant obligations, the authority may transfer the excess amount to the
95commonwealth.
96 (f) In order to increase the marketability of any bonds or notes of the trust which may be
97secured by or payable from amounts held in the fund, the sums to be credited to the fund are 6 of 6
98hereby impressed with a trust for the benefit of the trust and the holders from time to time of the
99bonds or notes, and in consideration of the acceptance of payment for the bonds or notes, the
100commonwealth covenants with the purchasers and all subsequent holders and transferees of the
101bonds or notes that while the bond or note shall remain outstanding, and so long as the principal
102of or interest on the bond or note shall remain unpaid, the sums to be credited to the fund shall
103not be diverted from the control of the trust and, so long as the sums are necessary, as determined
104by the authority in accordance with any applicable bond resolution, trust or security agreement or
105credit enhancement agreement, surety bond or insurance policy related to indebtedness incurred
106by the trust, for the purposes for which they have been pledged, the rates of the excises imposed
107by said chapters 64H and 64I shall not be reduced below the rates prescribed by this section.