MA Gen L ch 7c § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 9 - Reporting on Progress of Capital Facility Projects; Analysis of Real Property Acquired for Use of State Agencies; Reporting of Projects Completed, in Process or Scheduled for the Future; Proposed Capital Repair and Maintenance Plan for State Buildings

Section 9. The commissioner shall, no less often than once every 3 months, prepare a comprehensive report on the progress of all capital facility projects subject to the jurisdiction of the division of capital asset management and maintenance as defined by section 5 but not including those for which a city or town is the administering agency. At the discretion of the commissioner, said reports may exclude capital facility projects with a total project cost of less than $25,000 for which the administering agency is other than a state agency. Said report shall include, but not be limited to, a statement of the name of each project, the administering agency and the using agency, a brief current description of the project and any substantial changes in the description of the project during the past 3 months, the source of funds, the state of progress of the project, a summary of the total and major costs of the projects as originally estimated and as currently expended or currently estimated to be expended, the original project schedule and the current and estimated progress of the project, and such other information as the commissioner may require be included. Said report shall be submitted to the secretary of administration and finance and the clerks of the house of representatives and the senate and shall be a public document.  The commissioner of capital asset management and maintenance shall by February 15 of each year prepare a comprehensive annual report on the progress of all capital facility projects subject to the jurisdiction of the division of capital asset management and maintenance defined by section 4. At the discretion of the commissioner, said annual report need not include capital facility projects with a total project cost of less than $25,000 for which the administering agency is other than a state agency. Said annual report shall constitute 1 of the 4 reports required by the previous paragraph of this section but shall contain in addition to the information required in the previous paragraph for each capital facility project, the following data: the authorizations for and sources of funds and expenditure and unencumbered balances thereof; identification of the designers and contractors who have contracted with the administering agency to provide materials or services therefor, the administering agency's project and contract numbers, the value of the contracts and the amount of money paid in accordance with the contracts; and such other information as the commissioner may require be included. The commissioner shall also include in said report a statement of the problems which have arisen in the capital facility procurement programs and procedures of public agencies and specific recommendations for administrative and legislative action which are necessary to remedy such problems. Said report shall be submitted to the secretary of administration and finance and the general court and shall be a public document available for general distribution.  The commissioner shall by February 15 of each year prepare a comprehensive report including, but not limited to, an analysis of the utilization, cost and method of acquisition of real property acquired for the use of state agencies; the sale or rental of such real property and revenue realized therefrom; and problems which have arisen in the management of real property by the commonwealth, with specific recommendations for administrative and legislative action necessary to remedy such problems. Said report shall be submitted to the secretary of administration and finance, the joint committee on state administration and regulatory oversight and the general court and shall be a public document available for general distribution.  The commissioner shall develop and annually revise a proposed capital repair and maintenance plan for state buildings subject to the jurisdiction of the division of capital asset management and maintenance. The plan shall be based upon repair and maintenance schedules formulated for each building and group of buildings by the director of facilities management in accordance with sections 24, 26, and 28. In addition to developing capital repair and maintenance schedules for state buildings, the plan shall analyze the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation, rehabilitation, or replacement of the state buildings. The commissioner shall by February 15 of each year, submit the proposed capital repair and maintenance plan required by this paragraph to the house and senate committees on ways and means and the chairs of the joint committee on state administration and regulatory oversight.  The commissioner shall keep an up-to-date record, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all building projects subject to the jurisdiction of the division of capital asset management and maintenance.  The commissioner shall, by February 15 of each year, prepare a report, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all capital facility projects, said report shall include narrative statements indicating why such repairs or maintenance on such projects have been or will be postponed or cancelled. A copy of said report shall be sent to the house and senate committees on ways and means, and to the chairs of the joint committee on state administration and regulatory oversight.  The governor may, include in his capital outlay budget or request, a budget narrative statement, indicating why any and all repairs or maintenance on capital facility projects of the commonwealth, have been or will be postponed or cancelled.  Upon completion of the final design of each state building project estimated to cost in excess of $5,000,000, the commissioner shall prepare an analysis detailing the maintenance costs projected annually over the useful life of the building. The commissioner shall, by February 16 of each year, prepare a report summarizing the annual maintenance costs projected for each building project described in this paragraph, for which final design was completed during the prior year. The report shall be filed with the chairs of the joint committee on state administration and regulatory oversight and the agency responsible for the operation and maintenance of the building project.  In subsequent fiscal years for which the maintenance report indicates that maintenance will be required, the agency responsible for the operation and maintenance of the building shall include the projected annual maintenance costs contained in the report in its annual budget request, provided that revisions to the maintenance costs originally projected by the commissioner shall be addressed in the agency's budget narrative.  The commissioner shall be responsible for providing state agencies with comprehensive maintenance manuals for all new building projects constructed on behalf of an agency.