MA
Massachusetts Senate Bill S1780

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1780 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 SENATE DOCKET, NO. 2602 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 1780
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Bruce E. Tarr
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the creation of the Massachusetts Public Safety Building Authority.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexDavid T. Vieira3rd Barnstable1/24/2025Steven George Xiarhos5th Barnstable1/27/2025 1 of 14
1616 SENATE DOCKET, NO. 2602 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 1780
1818 By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1780) of Bruce E. Tarr, David T.
1919 Vieira and Steven George Xiarhos for legislation to create the Massachusetts Public Safety
2020 Building Authority. Public Safety and Homeland Security.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 1599 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to the creation of the Massachusetts Public Safety Building Authority.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after
3232 2section 35PPP the following section:- 
3333 3 Section 35QQQ.  (a) As used in this section, the following words shall, unless the context
3434 4requires otherwise, have the following meanings:-
3535 5 ''Authority'', the Massachusetts Public Safety Building Authority, established under
3636 6section 1 of Chapter 40Y. 
3737 7 ''Dedicated sales tax revenue amount'', all moneys received by the commonwealth equal
3838 8to 1 per cent of the receipts from sales, as defined by chapter 64H, and 1 per cent of the sales
3939 9price of purchases, as defined by chapter 64I, from that portion of the taxes imposed under said 2 of 14
4040 10chapters 64H and 64I as excises upon the sale and use at retail of tangible property or of services,
4141 11and upon the storage, use or other consumption of tangible property or of services, including
4242 12interest thereon or penalties, but not including any portion of the taxes that constitute special
4343 13receipts within the meaning of subsection (b1/2) of section 10 of chapter 152 of the acts of 1997
4444 14or within the meaning of subsection (b1/2) of said section 10 of said chapter 152 or any portion
4545 15of the taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of said chapter
4646 1664H.  (Marijuana – all moneys received by the commonwealth equal to 33 per cent of the
4747 17receipts from sales of marijuana, as defined by chapter 64N, as excises upon the sale at retail of
4848 18tangible property, and upon the storage, use or other consumption of tangible property, including
4949 19interest thereon or penalties). 
5050 20 ''Receipts from sales'', gross receipts from nonexempt sales, less amounts abated or
5151 21reimbursed. 
5252 22 ''Sales price of purchases'', sales price of nonexempt purchases, less amounts abated or
5353 23reimbursed.
5454 24 (b) There is hereby established a separate fund to be known as the Public Safety Building
5555 25Modernization and Reconstruction Trust Fund. The authority shall administer the fund for the
5656 26purpose of assisting municipalities with the construction of or improvements to public safety
5757 27buildings, including, but not limited to, police stations and fire stations.  There shall be credited
5858 28to the fund the dedicated sales tax revenue amount. Annual receipts into the fund on account of
5959 29any fiscal year shall be considered to meet the full obligation of the commonwealth to the
6060 30authority for such fiscal year.  3 of 14
6161 31 (c) Amounts in the fund shall be held by the state treasurer or a designee, as trustee and
6262 32not on account of the commonwealth, exclusively for the purposes of the authority, and the state
6363 33treasurer shall disburse amounts in the fund to the authority, without further appropriation, upon
6464 34the request from time to time of the executive director of the authority. All amounts in the fund,
6565 35including investment earnings, shall be available for expenditure by the authority for any lawful
6666 36purpose, including without limitation payment of debt service on debt obligations issued by the
6767 37authority, and may be pledged to secure debt of the authority in such manner and according to
6868 38such priority as the authority may determine. 
6969 39 (d) The authority shall certify annually to the treasurer as trustee with copies provided to
7070 40the clerks of the house and senate and to the house and senate committees on ways and means
7171 41that it has made provision in its annual budget and its capital plan under section 7 of chapter 40Y
7272 42for sufficient amounts to be available to meet debt service payments or other payments due under
7373 43financing obligations, including, without limitation, leases or grant obligations. 
7474 44 (e) Subject to applicable restrictions contained in any bond resolution, trust or security
7575 45agreement or credit enhancement agreement, surety bond or insurance policy related to
7676 46indebtedness incurred by the authority, including without limitation coverage requirements, if the
7777 47authority shall determine that the balance of the fund exceeds the amount necessary to achieve
7878 48the purposes of the authority, including, without limitation, to meet debt service payments, lease
7979 49payments and grant obligations, the authority may transfer the excess amount to the
8080 50commonwealth. 
8181 51 (f) In order to increase the marketability of any bonds or notes of the trust which may be
8282 52secured by or payable from amounts held in the fund, the sums to be credited to the fund are 4 of 14
8383 53hereby impressed with a trust for the benefit of the trust and the holders from time to time of the
8484 54bonds or notes, and in consideration of the acceptance of payment for the bonds or notes, the
8585 55commonwealth covenants with the purchasers and all subsequent holders and transferees of the
8686 56bonds or notes that while the bond or note shall remain outstanding, and so long as the principal
8787 57of or interest on the bond or note shall remain unpaid, the sums to be credited to the fund shall
8888 58not be diverted from the control of the trust and, so long as the sums are necessary, as determined
8989 59by the authority in accordance with any applicable bond resolution, trust or security agreement or
9090 60credit enhancement agreement, surety bond or insurance policy related to indebtedness incurred
9191 61by the trust, for the purposes for which they have been pledged, the rates of the excises imposed
9292 62by said chapters 64H and 64I shall not be reduced below the rates prescribed by this section. 
9393 63 SECTION 2. The General Laws are hereby amended by inserting after chapter 40X the
9494 64following chapter:- 
9595 65 CHAPTER 40Y. 
9696 66 Section 1. (a) There is hereby created a body politic and corporate and a public
9797 67instrumentality to be known as the Massachusetts Public Safety Building Authority, which shall
9898 68be an independent public authority not subject to the supervision and control of any other
9999 69executive office, department, commission, board, bureau, agency or political subdivision of the
100100 70commonwealth except as specifically provided in any general or special law. The exercise by the
101101 71authority of the powers conferred by this chapter shall be considered to be the performance of an
102102 72essential public function. 
103103 73 (b) The authority shall consist of the state treasurer, who shall serve as chairperson, the
104104 74secretary of administration and finance in coordination with the secretary of public safety, and 4 5 of 14
105105 75additional members appointed by the state treasurer, 2 of whom shall have practical experience
106106 76in public safety facilities planning, public safety building construction, or architecture and public
107107 77safety building design, and 2 of whom shall be persons in the field of public safety with
108108 78demonstrated knowledge of Massachusetts public safety services and other relevant federal and
109109 79state public safety standards, each of whom shall serve a term of 2 years; but, a person appointed
110110 80to fill a vacancy shall serve only for the unexpired term.  An appointed member of the authority
111111 81shall be eligible for reappointment. The authority shall annually elect 1 of its members to serve
112112 82as vice-chairperson. Each member of the authority serving ex officio may appoint a designee
113113 83pursuant to section 6A of chapter 30. 
114114 84 (c) Four members of the authority shall constitute a quorum, and the affirmative vote of 4
115115 85members of the authority shall be necessary and sufficient for any action taken by the authority.
116116 86No vacancy in the membership of the authority shall impair the right of a quorum to exercise all
117117 87the rights and duties of the authority. Members shall serve without pay but shall be reimbursed
118118 88for actual expenses necessarily incurred in the performance of their duties. The chairperson of
119119 89the authority shall report to the governor and to the general court no less than annually, to assist
120120 90the executive and legislative branches in coordinating public safety, community development
121121 91and fiscal policies of the commonwealth. 
122122 92 (d) Any action of the authority may take effect immediately and need not be published or
123123 93posted unless otherwise provided by law. The authority shall be subject to all provisions of
124124 94chapter 30A, and records pertaining to the administration of the authority shall be subject to
125125 95section 42 of chapter 30 and section 10 of chapter 66. All moneys of the authority shall be
126126 96considered to be public funds for purposes of chapter 12A. The operations of the authority shall 6 of 14
127127 97be subject to chapter 268A and chapter 268B and all other operational or administrative
128128 98standards or requirements to the same extent as the office of the state treasurer. 
129129 99 Section 2. For the purposes of this chapter, the following words shall have the following
130130 100meanings:- 
131131 101 ''Authority'', the Massachusetts Public Safety Building Authority. 
132132 102 “Public safety services”, city or town police, fire, and emergency medical
133133 103service departments.
134134 104 Section 3. There is hereby established a public safety building assistance program. The
135135 105purpose of said program is generally to encourage and foster the thoughtful establishment and
136136 106maintenance of public safety facility space in and among the cities and towns of the
137137 107commonwealth; to conduct surveys and studies relative thereto; and to administer the provisions
138138 108of this chapter relative to grants and loans to cities and towns for the planning and construction
139139 109of public safety buildings and public safety facility projects. 
140140 110 The purposes of the program shall be the provision of financial assistance to cities and
141141 111towns as beneficiaries of the trust to finance and refinance the costs of approved public safety
142142 112projects as provided in, and as necessary to implement this chapter, including without limitation
143143 113providing for the payment of grants approved pursuant to this chapter and the payment of all
144144 114costs of the authority, including professional and financial services incident to the conduct of its
145145 115operations. 
146146 116 The authority shall establish general policy and review standards regarding public safety
147147 117building construction, renovation, maintenance and facility space and administer the public 7 of 14
148148 118safety building assistance program in accordance with this chapter. In carrying out its duties, the
149149 119authority shall be guided by the following principles: preservation of open space and
150150 120minimization of loss of such open space, emphasis on thoughtful community development, and
151151 121project flexibility that addresses the needs of individual communities and municipalities. In
152152 122accordance with the terms of any bond resolution, trust or security agreement or credit
153153 123enhancement agreement, surety bond or insurance policy related to indebtedness incurred by the
154154 124authority secured by amounts provided to the trust in accordance with section 35QQQ of chapter
155155 12510, the holders of indebtedness and the providers of any credit enhancement, surety bond or
156156 126insurance policy shall also be beneficiaries of the trust. The authority shall apply and disburse
157157 127moneys and revenues of the trust without further appropriation or allotment. 
158158 128 Specific powers of the authority shall include, but not be limited to, the following: 
159159 129 (a) review, approve or deny grant applications, waivers and other requests submitted to
160160 130the program; review, approve and recommend changes to grant payment schedules or suspend
161161 131said schedules for program projects such as refinancings, audit findings and such other
162162 132circumstances that may warrant such action; 
163163 133 (b) provide architectural or other technical advice and assistance, training and education,
164164 134to cities and towns or to joint committees thereof and to general contractors, subcontractors,
165165 135construction or project managers, designers and others in the planning, maintenance and
166166 136establishment of public safety facility space; 
167167 137 (c) recommend to the general court such legislation as it may deem desirable or necessary
168168 138to further the purposes of this chapter;  8 of 14
169169 139 (d) develop a formal enrollment projection model or consider using projection models
170170 140already available; 
171171 141 (e) to apply for, receive, administer and comply with the conditions and requirements
172172 142respecting any grant, gift or appropriation of property, services or moneys; 
173173 143 (f) to enter into contracts, arrangements and agreements with other persons and execute
174174 144and deliver all trust agreements, grant agreements and other instruments necessary or convenient
175175 145to the exercise of the powers of the trust; 
176176 146 (g) to borrow and repay money by issuing bonds or notes of the trust, to apply the
177177 147proceeds thereof as provided in this chapter and to pledge or assign or create security interests in
178178 148any revenues, receipts or other assets or funds of the trust to secure bonds or notes; 
179179 149 (h) develop a project priority system; 
180180 150 (i) collect and maintain a clearinghouse of prototypical public safety building plans which
181181 151may be consulted by eligible applicants; 
182182 152 (j) collect and maintain resource library relating to regulations established by the United
183183 153States Department of Labor Occupational Safety and Health Administration and
184184 154recommendations established by public safety services professional organizations, including but
185185 155not limited to the International Association of Fire Fighters;
186186 156 (k) determine eligibility of cost components of projects for reimbursement, including
187187 157partial or full eligibility for project components for which the benefit is shared between the
188188 158public safety entity and other municipal entities;  9 of 14
189189 159 (l) establish appropriate rules and regulations as may be necessary to carry out the
190190 160purposes of this chapter; 
191191 161 (m) prepare an annual budget for the administration of the program; 
192192 162 (n) collect and maintain data on all the public building facilities in the commonwealth,
193193 163including information on size, services, number of employees, available facility space,
194194 164maintenance; 
195195 165 (o) perform or commission a needs survey to ascertain the capital construction,
196196 166reconstruction, maintenance and other capital needs for public safety services in the
197197 167commonwealth; 
198198 168 (p) develop a long term capital plan in accordance with needs and projected funding; 
199199 169 (q) adopt and amend bylaws and such rules, regulations and procedures for the conduct of
200200 170the business of the trust as the board shall deem necessary to carry out the provisions of this
201201 171chapter; 
202202 172 (r) establish and maintain reserves; 
203203 173 (s) disburse amounts due to cities and towns under grants approved by the authority to
204204 174finance or refinance costs of approved public safety projects and, in conjunction therewith,
205205 175finance or refinance the local share of costs of these projects, through the purchase of bonds,
206206 176notes or other evidences of local indebtedness, at the rates and on the terms that the authority
207207 177may in its discretion determine, and provide for the payment of all costs of the authority,
208208 178including professional and financial services incident to the conduct of its operations;  10 of 14
209209 179 (t) invest the funds of the trust in such investments as may be legal investments for funds
210210 180of the commonwealth or any fiduciary in the commonwealth; 
211211 181 (u) obtain insurance and enter into agreements of indemnification necessary or
212212 182convenient to the exercise of the powers of the trust; 
213213 183 (v) sue and be sued and to prosecute and defend actions relating to the affairs of the trust;
214214 184but the trust shall not be authorized to become a debtor under the United States Bankruptcy
215215 185Code; 
216216 186 (w) engage accounting, management, legal, financial, consulting and other professional
217217 187services necessary to the operations of the trust; and 
218218 188 (x) do all things necessary or convenient to carry out the purposes of this chapter. 
219219 189 The chairperson of the authority shall appoint an executive director, who shall supervise
220220 190the administrative affairs and general management and operations of the authority and who shall
221221 191also serve as secretary of the authority, ex officio. The executive director shall receive a salary
222222 192commensurate with the duties of the office, and may be removed by the board for cause. The
223223 193executive director may appoint other officers of the authority necessary to the functioning of the
224224 194authority. The executive director shall designate no fewer than 1 employee to be a municipal
225225 195liaison to assist cities and towns with concerns regarding the construction of public safety
226226 196buildings. Sections 9A, 45, 46, and 46C of chapter 30, chapter 31 and chapter 150E shall not
227227 197apply to the executive director or any other employees of the authority. The executive director
228228 198shall, with the approval of the authority: (i) plan, direct, coordinate and execute administrative
229229 199functions in conformity with the policies and directives of the authority; (ii) employ professional
230230 200and clerical staff as necessary; (iii) report to the authority on all operations under his control and 11 of 14
231231 201supervision; (iv) prepare an annual budget and manage the administrative expenses of the
232232 202authority; and (v) undertake any other activities necessary to implement the powers and duties
233233 203set forth in this chapter. 
234234 204 Section 3A. The authority, in cooperation with the state treasurer, shall at all times keep
235235 205accounts of all receipts, expenditures and disbursements and all assets and liabilities of the
236236 206authority, which shall be open to inspection by any officer or duly appointed agent of the
237237 207commonwealth.  
238238 208 Section 4. Within 365 days of the effective date of this act and prior to the review of grant
239239 209applications, the authority shall conduct a comprehensive review of all municipal public safety
240240 210buildings in the Commonwealth, including, but not limited to, determining the total number of
241241 211public safety buildings, the date of initial construction, the number of public safety services
242242 212based in each public safety building, the number of cities and towns actively renovating or
243243 213constructing a public safety building, the total population served by each public safety service in
244244 214each public safety building, the unique needs of each public safety service and their impact on
245245 215the construction of a public safety building, how construction of the public safety building
246246 216impacts dispatch response time, how to prioritize health and safety of public safety personnel in
247247 217the construction of a public safety building, and how public safety equipment and vehicles are
248248 218stored in existing public safety buildings. This review shall be the responsibility of an
249249 219independent, third-party research firm, as identified by the authority, and based on criteria set
250250 220forth in this section.  
251251 221 Section 5. Any eligible applicant may apply to the authority for reimbursement, in whole
252252 222or in part, of any expenses incurred for educational, engineering and architectural services 12 of 14
253253 223incidental to the planning of a public safety building or any expenses incurred for surveys made
254254 224of public safety building needs and conditions, the contract for which has been approved by the
255255 225authority. Such application shall be accompanied by information and documentation that the
256256 226authority may require. 
257257 227 Section 6. An eligible applicant may submit to the authority a statement of interest which
258258 228shall be approved by a vote of the applicable local governing body or bodies as set forth and in a
259259 229form prescribed by the authority, and which shall state what the eligible applicant believes are
260260 230the deficiencies in said eligible applicant's respective public safety facilities that meet one or
261261 231more of the priorities established by the authority. Said statement of interest shall be
262262 232accompanied by such additional forms, documents, and information as the authority shall deem
263263 233necessary to review the statement. The submission for a statement of interest shall not commit
264264 234the authority to accept any further application materials, approve an application, or provide a
265265 235grant or any other type of funding, or place any other obligation or requirement upon the
266266 236authority. The authority shall notify an eligible applicant if the authority determines that the
267267 237statement of interest has not met the criteria established by the authority. 
268268 238 If the authority determines that the statement of interest and associated material merits
269269 239further consideration, the authority may, in its discretion, invite the eligible applicant to apply to
270270 240the authority for a public safety facilities grant to meet in part the cost of a public safety building
271271 241project; but, a city or town shall not have an entitlement to funds under this chapter except at the
272272 242discretion of the authority in accordance with this chapter. Application shall mean a series of
273273 243documents, forms, letters, statements, certifications, plans, studies, drawings, and other data and
274274 244information required by the authority to be submitted within the deadlines and in the format
275275 245prescribed by the authority and shall be accompanied or supplemented by drawings, plans, 13 of 14
276276 246estimates of cost and proposals for defraying the costs or any additional information the authority
277277 247may require, before construction is undertaken. The authority shall require a maintenance plan to
278278 248be submitted as part of the application to address any required updates to the public safety
279279 249building following the completion of construction. The authority shall promulgate regulations
280280 250establishing the procedural steps by which applications must be made and reviewed, and may at
281281 251any time during the application process determine that the application does not warrant further
282282 252consideration, pursuant to the priority criteria established by the authority.  In the event that an
283283 253eligible applicant undertakes construction before approval is obtained, the eligible applicant shall
284284 254remain subject to the authority's approval process as if the construction were not undertaken. 
285285 255 Section 7. (a) On or before June 30 of each year, the authority shall submit a report to the
286286 256governor, the house and senate committees on ways and means, the joint committee on public
287287 257safety and homeland security, the joint committee on bonding, capital expenditures and state
288288 258assets, and the joint committee on municipalities and regional government, which analyzes the
289289 259anticipated financial needs for public safety facilities projects of the kind that qualify for
290290 260assistance under this chapter. The report shall include a listing of each public safety building,
291291 261together with a description of its public safety services, number of population served, age and
292292 262state of maintenance and whether it is likely to require construction, enlargement, reconstruction,
293293 263rehabilitation or improvement due to such factors as deterioration, lack of adequate facilities to
294294 264meet public safety services’ needs and changing number of population served. 
295295 265 (b) The authority shall also conduct periodic surveys of the cities and towns to determine
296296 266the need for new public safety facility construction to meet demand.  14 of 14
297297 267 (c) The authority shall develop a long-term capital plan in accordance with needs and
298298 268funding projected to be available in the trust under this chapter for purposes of planning and
299299 269guiding the policies of the authority. 
300300 270 (d) The capital plans, needs surveys and reports of the authority shall not give rise to any
301301 271claim, legal or moral, or enforceable right in any party to benefits or funds from the trust or from
302302 272other sources.