Mass. Gen. Laws ch. 7C, sec. 66 — MA Code / Part I / Title II / Chapter 7C / Section 66
Capital facility budget request; public notice of proposed long-range capital facilities development plan and annual capital facility budget; content and format
Status: in_force

Section 66. Each public agency other than cities and towns shall prepare and submit to the commissioner, in addition to its long-range capital facilities development plan or revision thereof, an annual capital facility budget at such time as the said commissioner shall require. In preparing both long-range capital facilities development plans, and revisions thereof, and capital facility budget requests, the agency shall provide timely public notice of such proposed plans and requests and reasonable opportunity for potential users and staff of the facilities controlled or to be controlled by the agency to comment thereon. The long-range capital facility development plans and capital facility budget requests submitted by the agency to the division of capital asset management and maintenance shall contain a summary of those comments and a statement of the extent to which they are reflected in the proposed plans and requests. The commissioner may provide guidelines to agencies for soliciting and reporting on such views. The commissioner may, at his discretion, provide guidance and technical assistance to agencies without sufficient resources to prepare capital facility budget requests. He shall specify the information being sought, how it might be prepared and the form in which it is to be provided. The commissioner shall provide for a format and content of long-range capital facilities development plans and capital facility budget requests which is, to the maximum extent feasible, consistent with that provided for the operating budget by the director of the fiscal affairs division within the executive office for administration and finance. Any public agency may include among its capital facility budget requests, ones for appropriations or authorizations for a class or classes of similar or related capital facility projects. Such request shall include a statement of (a) how the class of projects is defined; (b) the reasons for requesting appropriations or authorizations for a class of projects rather than individual projects; (c) the priorities and procedures for allocating the appropriated or authorized monies among the class of possible projects, making reference to and submitting copies of any studies, surveys, plans, analyses and other documents from which criteria for allocation are to be derived; and (d) a proposed initial allocation of the appropriated or authorized monies based on the suggested priorities, procedures and criteria. In formulating requirements for capital facility budget requests for individual projects, the commissioner shall include at least the following: (a) a concise title description of the project; (b) the location of the project and its site in relation to any existing facilities in close proximity; (c) the estimated schedule for completion of the project including the dates upon which the design and construction of the project are estimated to be commenced and completed and the facility occupied or used; (d) a description of the project and what it involves, appending any planning documents, accurate summaries of design documents and any other documents, prepared for or pertaining to that project, if not previously submitted to the commissioner; (e) the useful life of the project before replacement would be necessary; (f) the current status of the plans and site for the project; (g) the status of utilities required for the project; (h) the relationship of the project to the long range capital facilities development plan; (i) the total project cost; (j) the effect of the proposed project on annual operating costs (including maintenance costs); (k) the proposed source of funds; and (1) an explanation of the need for the proposed project. The description of the project shall identify any and all previously approved appropriations or authorizations pertaining to the proposed or earlier phases of the project; the phase or phases approved, in progress, and completed, the estimated or final cost of each phase of the project through completion, and the sum of money permitted to be expended on the project as so approved. To assist his staff and user agencies in preparation and review of long-range plans and requests, the commissioner shall establish a file of approved appropriations and authorizations of all projects pertaining to each state-owned capital facility. The total project cost shall include at least the following items: the cost of all real estate, properties, rights and easements acquired, utility services, site development; the cost of construction and the initial furnishing thereof; all architectural and engineering and legal expenses, the cost of surveys and plans and specifications; and such other expenses as are necessary or incident to determining the feasibility or practicability of any project. The estimate of the total project cost shall be based on the assumption that the project will be undertaken and completed according to the estimated schedule. Included in the estimate shall be a statement of its accuracy. The estimate of the effect of the proposed project on annual operating costs shall be based on the estimated date of use or occupancy of the facility. In the proposal for source of funds, there shall be included a statement of what federal funds are potentially available, what efforts are necessary and have been or must be made to obtain them, or why they cannot be obtained.

Section 66. Each public agency other than cities and towns shall prepare and submit to the commissioner, in addition to its long-range capital facilities development plan or revision thereof, an annual capital facility budget at such time as the said commissioner shall require.

In preparing both long-range capital facilities development plans, and revisions thereof, and capital facility budget requests, the agency shall provide timely public notice of such proposed plans and requests and reasonable opportunity for potential users and staff of the facilities controlled or to be controlled by the agency to comment thereon.

The long-range capital facility development plans and capital facility budget requests submitted by the agency to the division of capital asset management and maintenance shall contain a summary of those comments and a statement of the extent to which they are reflected in the proposed plans and requests.

The commissioner may provide guidelines to agencies for soliciting and reporting on such views.

The commissioner may, at his discretion, provide guidance and technical assistance to agencies without sufficient resources to prepare capital facility budget requests. He shall specify the information being sought, how it might be prepared and the form in which it is to be provided.

The commissioner shall provide for a format and content of long-range capital facilities development plans and capital facility budget requests which is, to the maximum extent feasible, consistent with that provided for the operating budget by the director of the fiscal affairs division within the executive office for administration and finance.

Any public agency may include among its capital facility budget requests, ones for appropriations or authorizations for a class or classes of similar or related capital facility projects. Such request shall include a statement of (a) how the class of projects is defined; (b) the reasons for requesting appropriations or authorizations for a class of projects rather than individual projects; (c) the priorities and procedures for allocating the appropriated or authorized monies among the class of possible projects, making reference to and submitting copies of any studies, surveys, plans, analyses and other documents from which criteria for allocation are to be derived; and (d) a proposed initial allocation of the appropriated or authorized monies based on the suggested priorities, procedures and criteria.

In formulating requirements for capital facility budget requests for individual projects, the commissioner shall include at least the following: (a) a concise title description of the project; (b) the location of the project and its site in relation to any existing facilities in close proximity; (c) the estimated schedule for completion of the project including the dates upon which the design and construction of the project are estimated to be commenced and completed and the facility occupied or used; (d) a description of the project and what it involves, appending any planning documents, accurate summaries of design documents and any other documents, prepared for or pertaining to that project, if not previously submitted to the commissioner; (e) the useful life of the project before replacement would be necessary; (f) the current status of the plans and site for the project; (g) the status of utilities required for the project; (h) the relationship of the project to the long range capital facilities development plan; (i) the total project cost; (j) the effect of the proposed project on annual operating costs (including maintenance costs); (k) the proposed source of funds; and (1) an explanation of the need for the proposed project. The description of the project shall identify any and all previously approved appropriations or authorizations pertaining to the proposed or earlier phases of the project; the phase or phases approved, in progress, and completed, the estimated or final cost of each phase of the project through completion, and the sum of money permitted to be expended on the project as so approved. To assist his staff and user agencies in preparation and review of long-range plans and requests, the commissioner shall establish a file of approved appropriations and authorizations of all projects pertaining to each state-owned capital facility. The total project cost shall include at least the following items: the cost of all real estate, properties, rights and easements acquired, utility services, site development; the cost of construction and the initial furnishing thereof; all architectural and engineering and legal expenses, the cost of surveys and plans and specifications; and such other expenses as are necessary or incident to determining the feasibility or practicability of any project. The estimate of the total project cost shall be based on the assumption that the project will be undertaken and completed according to the estimated schedule. Included in the estimate shall be a statement of its accuracy. The estimate of the effect of the proposed project on annual operating costs shall be based on the estimated date of use or occupancy of the facility. In the proposal for source of funds, there shall be included a statement of what federal funds are potentially available, what efforts are necessary and have been or must be made to obtain them, or why they cannot be obtained.