Mass. Gen. Laws ch. 7C, sec. 62 — MA Code / Part I / Title II / Chapter 7C / Section 62
Contingency funds or accounts
Status: in_force

Section 62. The governor and the commissioner of capital asset management and maintenance in their long range capital facilities development plans and capital budget requests and the secretaries of the various executive offices in their review and recommendations with regard to such plans and requests may include among them plans and requests for 1 or more contingency, or other lump-sum or reserve accounts, including but not limited to planning, design and construction contingency, preventive maintenance, emergency repair, energy conservation, life-safety, and architectural barrier funds or accounts. Each shall include in their plans and request recommendations as to the purpose of such funds or accounts and the priorities and procedures for allocating the monies kept therein. The commissioner of capital asset management and maintenance shall forthwith establish priorities and procedures for allocating such funds in conformity with the terms of the appropriation authorizing them and legislative intent in regard to long range capital facilities development plans. The commissioner shall forthwith submit copies of the priorities and procedures so established to the secretary of administration and finance and to the house and senate committees on ways and means. Unless otherwise provided for in the appropriation authorizing such funds or accounts or other applicable law and in conformity therewith and the priorities and procedures established by the commissioner of capital asset management and maintenance, the monies kept therein shall not be allocated unless and until: (a) the using agency, whether or not it is the agency requesting the funds for the proposed project, certifies in writing to the commissioner of capital asset management and maintenance that the project corresponds to the current needs of the using agency, including its current long range capital facilities development plan; (b) the commissioner requests that 1 or more of the directors of the office of programming, office of project management, or the office of facilities management review the project proposal, and the director or directors certify in writing to the commissioner of capital asset management and maintenance that the project proposal reflects the agency's needs as stated, that it provides an accurate estimate of the project requirements, cost and schedule, and that the project can be accomplished within the limits of the funds requested; (c) The commissioner of capital asset management and maintenance certifies in writing to the secretary of administration and finance and to the house and senate committees on ways and means that the project proposal has been evaluated in conformity with the terms of the appropriation or authorization of the fund or account and the priorities and procedures promulgated by him pursuant thereto and approves the allocation. The commissioner of capital asset management and maintenance shall, upon his certification, file copies of the project proposal and other supporting documents, his certification and those of the director or directors whose review is requested and the agency requesting such funds with the secretary of administration and finance and with the house and senate committees on ways and means. If either the director or directors whose review is requested or the commissioner of capital asset management and maintenance should fail to give the aforementioned certifications or approvals, the commissioner shall forthwith send notice of his decision and the reasons therefor to the secretary of administration and finance and to the house and senate committees on ways and means. The commissioner of capital asset management and maintenance shall by February 15 of each year prepare and submit to the secretary of administration and finance and to the general court a report containing separate sections summarizing the disposition and the status of the funds or accounts and descriptions of all projects for which monies from such fund have been allocated.

Section 62. The governor and the commissioner of capital asset management and maintenance in their long range capital facilities development plans and capital budget requests and the secretaries of the various executive offices in their review and recommendations with regard to such plans and requests may include among them plans and requests for 1 or more contingency, or other lump-sum or reserve accounts, including but not limited to planning, design and construction contingency, preventive maintenance, emergency repair, energy conservation, life-safety, and architectural barrier funds or accounts. Each shall include in their plans and request recommendations as to the purpose of such funds or accounts and the priorities and procedures for allocating the monies kept therein.

The commissioner of capital asset management and maintenance shall forthwith establish priorities and procedures for allocating such funds in conformity with the terms of the appropriation authorizing them and legislative intent in regard to long range capital facilities development plans. The commissioner shall forthwith submit copies of the priorities and procedures so established to the secretary of administration and finance and to the house and senate committees on ways and means.

Unless otherwise provided for in the appropriation authorizing such funds or accounts or other applicable law and in conformity therewith and the priorities and procedures established by the commissioner of capital asset management and maintenance, the monies kept therein shall not be allocated unless and until:

(a) the using agency, whether or not it is the agency requesting the funds for the proposed project, certifies in writing to the commissioner of capital asset management and maintenance that the project corresponds to the current needs of the using agency, including its current long range capital facilities development plan;

(b) the commissioner requests that 1 or more of the directors of the office of programming, office of project management, or the office of facilities management review the project proposal, and the director or directors certify in writing to the commissioner of capital asset management and maintenance that the project proposal reflects the agency's needs as stated, that it provides an accurate estimate of the project requirements, cost and schedule, and that the project can be accomplished within the limits of the funds requested;

(c) The commissioner of capital asset management and maintenance certifies in writing to the secretary of administration and finance and to the house and senate committees on ways and means that the project proposal has been evaluated in conformity with the terms of the appropriation or authorization of the fund or account and the priorities and procedures promulgated by him pursuant thereto and approves the allocation.

The commissioner of capital asset management and maintenance shall, upon his certification, file copies of the project proposal and other supporting documents, his certification and those of the director or directors whose review is requested and the agency requesting such funds with the secretary of administration and finance and with the house and senate committees on ways and means.

If either the director or directors whose review is requested or the commissioner of capital asset management and maintenance should fail to give the aforementioned certifications or approvals, the commissioner shall forthwith send notice of his decision and the reasons therefor to the secretary of administration and finance and to the house and senate committees on ways and means.

The commissioner of capital asset management and maintenance shall by February 15 of each year prepare and submit to the secretary of administration and finance and to the general court a report containing separate sections summarizing the disposition and the status of the funds or accounts and descriptions of all projects for which monies from such fund have been allocated.