Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2332 Compare Versions

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22 SENATE DOCKET, NO. 1710 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 2332
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Robyn K. Kennedy
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 establishing a program for local art and community engagement.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst WorcesterPaul W. MarkBerkshire, Hampden, Franklin and
1616 Hampshire
1717 1/21/2025 1 of 5
1818 SENATE DOCKET, NO. 1710 FILED ON: 1/16/2025
1919 SENATE . . . . . . . . . . . . . . No. 2332
2020 By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 2332) of Robyn K. Kennedy and
2121 Paul W. Mark for legislation to establish a program for local art and community engagement.
2222 Tourism, Arts and Cultural Development.
2323 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2424 SEE SENATE, NO. 2190 OF 2023-2024.]
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Fourth General Court
2828 (2025-2026)
2929 _______________
3030 An Act establishing a program for local art and community engagement.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 Chapter 7C of the General Laws is hereby amended by adding the following new
3434 2section:-
3535 3 Section 73. Whereas public buildings and infrastructure are the physical manifestation of
3636 4the commonwealth’s identity and connection with its citizens, and whereas the commonwealths
3737 5rich diversity of cultural communities is one of its greatest assets, and whereas a statewide public
3838 6art program would ensure that our citizenry’s diverse cultural heritage enhances the built
3939 7environment across the state and result in increased civic participation and economic prosperity
4040 8through local investment and increased tourism, therefore the commonwealth will enact An Act
4141 9establishing a program for local art and community engagement 2 of 5
4242 10 There shall be in the executive office of housing and livable communities a commission
4343 11to be known as the program for local art and community engagement commission (“the PLACE
4444 12Commission”), which shall consist of 1 member to be appointed by the governor and who shall
4545 13be an artist or representative from a nonprofit or community organization with experience in
4646 14and/or commitment to the creation, installation, and/or administration of public art ; 1 member to
4747 15be appointed by the speaker of the house of representatives and who shall be an artist or
4848 16representative from a nonprofit or community organization with experience in and/or
4949 17commitment to the creation, installation, and/or administration of public art; 1 member to be
5050 18appointed by the senate president and who shall be an artist or representative from a nonprofit or
5151 19community organization with experience in and/or commitment to the creation, installation,
5252 20and/or administration of public art; the secretary of housing and livable communities or a
5353 21designee; the commissioner of capital asset management and maintenance or a designee; the
5454 22executive director of the Massachusetts cultural council or a designee; 1 member appointed by
5555 23the president of the Massachusetts College of Art and Design; 1 member appointed by the
5656 24executive director of the Massachusetts association of community development corporation; and
5757 251 member appointed by the executive director of the metropolitan area planning council. Best
5858 26efforts shall be exercised to ensure that each iteration of the PLACE Commission contains
5959 27representation from the Commonwealth’s different geographic. The PLACE Commission will be
6060 28co-chaired by the secretary of housing and livable communities or a designee and the executive
6161 29director of the Massachusetts cultural council or a designee. The PLACE Commission shall meet
6262 30once each quarter and otherwise at the discretion of the chairs.
6363 31 Each appointive member shall be appointed for a term of three years, with the members
6464 32initially appointed serving staggered terms. Persons appointed to fill vacancies shall serve for the 3 of 5
6565 33unexpired term. Any member shall be eligible for reappointment, except that no appointive
6666 34member shall serve for more than two consecutive terms. Members shall serve without
6767 35compensation.
6868 36 (a) There shall be established a fund to be known as the program for local art and
6969 37community engagement fund ("the PLACE Fund"). The PLACE Fund, in addition to
7070 38contributions from private sources, shall receive half-of-one-percent of the public funds allocated
7171 39for the construction or renovation of any building or property owned by the Commonwealth, not
7272 40to exceed $300,000 per construction or renovation project. This cap shall be adjusted on July 1st
7373 41of each year by the growth rate of the inflation index over the preceding 12 months. The
7474 42executive office of housing and livable communities shall serve as the PLACE Fund’s treasurer
7575 43and custodian.
7676 44 (b) Notwithstanding any general or special law to the contrary, the PLACE Commission
7777 45shall enter into a contract with the Massachusetts cultural council or another qualified
7878 46organization for the administrative operation of the PLACE Commission, which includes serving
7979 47as the secretary during PLACE Commission meetings, and perform such other tasks as
8080 48determined by the PLACE Commission. The Massachusetts cultural council shall appoint, with
8181 49the PLACE Commission’s approval, such additional employees as may be required in the
8282 50performance of the PLACE Commission’s duties. All salaries of appointed Massachusetts
8383 51cultural council appointed employees shall be drawn from the PLACE Fund. The PLACE
8484 52Commission may enter into a contract with another qualified organization to manage some or all
8585 53of PLACE Commission administration only if the Massachusetts cultural council fails to
8686 54adequately perform its duties under a duly executed contract, ceases to exist, or for just cause. If
8787 55the PLACE Commission enters into a contract with another qualified organization, the PLACE 4 of 5
8888 56Commission shall submit, in writing, the reasons for the termination of its contract with the
8989 57Massachusetts cultural council to the chairs of the joint committee on economic development
9090 58and emerging technologies and the chairs of the joint committee on tourism, arts and cultural
9191 59development. A contract executed pursuant to this section shall address, but shall not be limited
9292 60to: proposed rules and guidelines for the fund, providing technical assistance to potential
9393 61applicants, reviewing and evaluating applications and providing findings and recommendations
9494 62to the PLACE Commission as to which grant applications should be approved and awarded and
9595 63which should be denied. The PLACE Commission shall establish rules relative to the Fund, with
9696 64the advice of the committee. Copies of the rules, and any modifications or amendments thereto,
9797 65shall be delivered to the clerk of the house of representatives, the clerk of the senate, the chairs of
9898 66the house and senate committees on ways and means, the chairs of the joint committee on
9999 67economic development and emerging technologies and the chairs of the joint committee on
100100 68tourism, arts, and cultural development.
101101 69 (c) The PLACE Commission, assisted by Massachusetts cultural council and its
102102 70designated staff, shall administer the PLACE Fund with the purpose of providing financial
103103 71support for the selection, design, creation, acquisition, installation, maintenance, conservation,
104104 72and/or promotion of public art in the Commonwealth. Such administration shall include: (i)
105105 73establishing and executing processes for the application, approval, acquisition, and installation of
106106 74public art projects seeking funds; (ii) working with state agencies to assure compliance with this
107107 75section; (iii) working with public and private stakeholders to identify artists, projects, and
108108 76installation sites; (iv) ensuring the relevance and acceptance of public art by convening a local
109109 77advisory group for each new public art project that includes relevant local site users and 5 of 5
110110 78community stakeholders; (v) developing access to and education of public art; and (vi)
111111 79cataloguing and maintaining public art.
112112 80 (d) In furtherance of the PLACE Commission’s purpose of growing the creative and
113113 81general economy throughout Massachusetts, (i) all public art acquired using the PLACE Fund
114114 82shall be owned by the Commonwealth; (ii) best efforts shall be exercised to ensure PLACE
115115 83Commission projects are distributed across the Commonwealth’s different geographic regions;
116116 84and (iii) best efforts shall be exercised by the PLACE Commission to support artists from
117117 85Massachusetts.
118118 86 (e) Annually, on September 1 of each year, the PLACE Commission shall provide a
119119 87report describing the implementation of the PLACE Fund and awarded funds to the secretary of
120120 88administration and finance, the house committee on ways and means, the senate committee on
121121 89ways and means, the joint committee on tourism, arts and cultural development, the clerk's office
122122 90for the house of representatives, and the clerk's office for the senate.
123123 91 (f) The PLACE Commission shall be established no later than December 1, 2026.