reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7a - Office of the Comptroller › Section 9a - Audit of Commonwealth Financial Operations; Procedures

Section 9A. The comptroller is hereby authorized and directed to work with the state auditor's office and other audit entities as appropriate to ensure the audit of commonwealth financial operations in conformity to generally accepted auditing standards and generally accepted governmental auditing standards. In the performance of the state auditor's or other audit entity's functions relative to audit, the records, resources, and full cooperation of the office of the comptroller shall be available.
The comptroller shall review, revise and publish internal control guidelines mandated by chapter six hundred and forty-seven of the acts of nineteen hundred and eighty-nine. In making such revisions he shall consult with the office of the state auditor to ensure the guidelines accurately reflect the role of the office of state auditor in the review and oversight of internal control practices.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7a - Office of the Comptroller › Section 10 - Reconciliation of Accounting Statements Included Reports With Official Books and Records

Section 10. The comptroller shall establish policies and procedures that require all accounting statements included in reports of departments, offices and commissions to reconcile to the official books and records of the commonwealth before the publication of such reports. No such report shall be published by any such department, office or commission until such statements are so confirmed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7a - Office of the Comptroller › Section 11 - Furnishing of Accounting Statements

Section 11. The office of the comptroller shall be properly equipped, subject to appropriation, and shall furnish to the agencies within the executive office of administration and finance, to the house and senate committees on ways and means, and to other state agencies and other individuals as required by law or as the advisory board to the comptroller shall direct, all accounting statements relating to the financial status, funds, reserves, appropriation control and cost of operation of the commonwealth at the end of the state fiscal year and at intermediate monthly periods when such information is needed in effecting economies before appropriations have been exhausted, or for other purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7a - Office of the Comptroller › Section 14 - Penalties

Section 14. The comptroller or any employee in the office of the comptroller who knowingly violates, authorizes or directs another employee to violate any provision of this chapter or chapter twenty-nine shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or a house of correction for not more than one year, or both. In addition, if convicted of such violation the comptroller shall forfeit the bond required pursuant to section one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7a - Office of the Comptroller › Section 15 - Rules and Regulations

Section 15. Subject to prior review by the advisory board to the comptroller, the comptroller is hereby authorized to promulgate rules and regulations to carry out his responsibilities under the provisions of this chapter or other applicable laws. Such rules and regulations shall not be subject to the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7a - Office of the Comptroller › Section 17 - Account to Fund Terminal Leave Payments; Federal Grant Funds.

Section 17. The comptroller shall administer an account the purpose of which shall be to fund terminal leave payments for employees whose salaries were paid from federal funds immediately prior to their leaving state service and to fund certain liabilities resulting from the agreement between the commonwealth and the federal government in accordance with Public Law 101–453. For the purpose of funding the account, the comptroller may transfer and expend without further appropriation an amount equal to the liability for the costs from the revenues collected in accordance with section 6B of chapter 29 to the account.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:—
(a) ''Asset'', all property that is in the lawful possession of or otherwise held by a state agency, and shall include without limitation both real and personal property and property interests regardless of whether they are held in tangible or intangible form. Without limiting the generality of the foregoing, the word ''asset'' shall include land, buildings, structures, leases, easements, licenses, electronic and communication equipment, and time sharing capacities, air, water, and mineral rights, utilities, vehicles, and professional and technical services and expertise.
(b) ''Asset management board'' or ''board'', the asset management board established pursuant to section two.
(c) ''Asset management project'' or ''project'', any project for the management of assets that is proposed for the consideration of the board by a state agency and approved by the asset management board pursuant to the provisions of this chapter; provided, however, that this term shall not include any project involving the sale or permanent disposition of any asset.
(d) ''State agency'' or ''agency'', any executive office, department, agency, board, or commission of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 2 - Asset Management Board; Establishment; Membership

Section 2. (a) There is hereby established an asset management board. The board shall be within but not subject to the control of the executive office of administration and finance. The board shall consist of the secretary of administration and finance or his designee, ex officio, who shall serve as chair; the inspector general or his designee, ex officio; and three additional public members appointed by the governor. Of the public members initially so appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years. Public members shall be appointed for terms of three years, without reappointment. At least one public member shall possess substantial expertise in the field of real estate management and development, and at least one public member shall possess substantial experience in the field of finance.
(b) Public members of the board shall serve without compensation. Public members of the board shall be reimbursed for all necessary expenses incurred in the discharge of their official duties. The board's activities shall be supported by staff of the secretary of administration and finance.
(c) No member of the asset management board shall participate in the approval of a project if the member or any member of his immediate family has a direct or indirect present or future financial interest in the approval of the project or in any way will benefit financially therefrom.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 5 - Inventory of Assets; Proposed Projects Involving Real Property Interests; Notice of Submission

Section 5. Prior to the submission of any project to the asset management board, the state agency making such submission shall first develop an inventory of its assets and identify those assets that are underutilized or might otherwise qualify for management as part of an asset management project pursuant to the provisions of this chapter. If such proposed project is limited to one or more institutions or facilities, such inventory likewise may be limited to the assets contained at such institution or facility. Notice of the submission of a proposed project which involves interests in real property shall be sent to the division of capital asset management and maintenance together with a copy of the inventory. Each such agency proposal shall be submitted to the asset management board only after approval of the executive office within which such agency is located, or, in the case of institutions of higher education, the board of regents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 6 - Development and Management of Proposed Projects; Assistance

Section 6. Each proposed project may be developed and managed with the assistance of individuals with expertise in the management of assets similar to the assets included in the proposed project; provided, that the board shall examine the proposed relationship between such individual and the state agency to ensure compliance with the standards of paragraph (i) of subsection (a) of section four. The cost of such assistance may be paid from funds available to the agency for such purpose or from funds held in trust pursuant to the provisions of section eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 7 - Real Property; Title Held by State Agency Prior to Enactment of Chapter 7, Sec. 40e

Section 7. Notwithstanding the provisions of section forty E of chapter seven to the contrary, real property, title to which was held in the name of a state agency, or the board of trustees of a facility of a state agency prior to the enactment of said section shall, for the sole purposes of this chapter be considered real property in the lawful possession of the state agency from which such land was transferred to the commonwealth pursuant to the provisions of said section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 8 - Asset Management Project Trust Funds; Establishment

Section 8. Notwithstanding the provisions of section four F of chapter seven or any other provision of the General Laws to the contrary, at the request of a state agency, the state treasurer is hereby authorized and directed to establish one or more asset management project trust funds for each state agency with approved asset management projects. Such trust or trusts shall be established to receive fifty percent of the proceeds accruing to an agency as a result of revenues produced by one or more approved asset management projects. The remainder of the proceeds shall be deposited in the General Fund. The administrator in charge of each such state agency shall serve as sole trustee of said trust or trusts, and shall administer the trust so as to advance the purposes served by the agency. No expenditures from said trusts shall be made without the authorization from the secretary of the executive office of administration and finance. All expenditures from said trust funds shall conform to standard state accounting procedures and to such further requirements as prescribed by the comptroller. Each such agency shall report annually to the house and senate committees on ways and means the amount of funds received in and expenditures made from any trust established pursuant to the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7b - Asset Management Board › Section 9 - Effect on Powers and Duties of Capital Asset Management and Maintenance Division

Section 9. The provisions of this chapter are not intended and shall not be construed to limit, override or otherwise modify the procedures, powers and duties of the division of capital asset management and maintenance unless specifically so authorized by the asset management board pursuant to the standards and procedures established by this chapter.
2023 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 3 - Coordination of Capital Facility Project Plans and Programs

Section 3. The commissioner of capital asset management and maintenance shall advise the governor and the secretary of administration and finance on the means and methods available to coordinate capital facility project plans and programs of all public agencies and the federal government in order to establish relative priorities and to avoid duplication and conflicts. The commissioner shall create a central depository for planning documents as they relate to that end, and amendments thereto and revisions thereof prepared by or for public agencies. Effective on the effective date of this act, every public agency shall submit a list and description of such documents as currently exist and as they are promulgated and upon the commissioner's request, submit to him a copy thereof. The commissioner may by rule and regulation identify the documents required to be submitted.
The division of capital asset management and maintenance, if it is not designated as the state clearinghouse as provided for by the federal Intergovernmental Cooperation Act of 1968, as amended, and regulations promulgated pursuant thereto, shall be notified in a timely manner by the agency designated as the state clearinghouse as to any capital facility projects being reviewed by said agency. The commissioner of capital asset management and maintenance shall review such projects in light of current long range capital facility plans and other programs and policies of the commonwealth and submit his comments and recommendations to the agency designated as the state clearinghouse.
2023 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 5 - Building Project Control and Supervision by Commissioner; Delegation of Project Control and Supervision to State Agency or Building Authority

Section 5. The commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds $250,000 and involves structural or mechanical work. The commissioner may, upon request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects involving structural or mechanical work whose estimated cost is less than $5,000,000 if the commissioner determines that the agency or authority has the ability to control and supervise such project. Except as otherwise provided in this section, any state agency or building authority shall control and supervise its own building projects when the estimated cost of such project is less than $250,000, or if the project does not involve structural or mechanical work. Notwithstanding the foregoing, the commissioner may delegate control and supervision over projects involving structural or mechanical work with an estimated cost of less than $10,000,000 to the University of Massachusetts if the commissioner determines that the University of Massachusetts has the ability to control and supervise such project. As used in this section, ''estimated cost'' shall mean the estimated construction cost stated in a study or program prepared in accordance with section 59.
2023 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 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities

Section 7. Except as otherwise provided in section 3 of chapter 211, the commissioner of capital asset management and maintenance shall: (1) be responsible for the acquisition, control and disposition of court facilities on behalf of the commonwealth, in the manner and to the extent provided in this chapter for other real property of the commonwealth; (2) provide facilities for the trial court, the appeals court and the supreme judicial court; (3) be responsible for planning and budgeting for such court facilities in the manner and to the extent provided in this chapter and in chapter 29 for capital facilities of state agencies; and (4) have jurisdiction over capital facility projects undertaken by the office of the chief administrative justice of the trial court for such court facilities in the manner and to the extent provided in this chapter and in chapter 149 for capital facility projects undertaken by state agencies. Notwithstanding any other general or special law to the contrary, all real property owned by the commonwealth for use as a courthouse, whenever such property was acquired, shall be held in the name of the commonwealth as provided in sections 32 and 33, and the division of capital asset management and maintenance shall hold the deeds to all such property as provided in section 39.
There shall be within the division of capital asset management and maintenance a director of court facilities. The director of court facilities shall be appointed by the commissioner of capital asset management and maintenance with the advice of the chief administrative justice of the trial court and the approval of the secretary of administration and finance, and may be removed in like manner. Said position shall not be subject to section 9A of chapter 30 or chapter 31. Said director shall have the qualifications deemed necessary by the commissioner of capital asset management and maintenance. Said director shall perform such duties of said commissioner with respect to court facilities as said commissioner shall assign, including at least the duty to respond to any inquiry from a county, city or town or from the office of the chief administrative justice of the trial court regarding court facilities.
2023 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 10 - Advisory Council on Capital Asset Management and Maintenance

Section 10. In order to assist himself in the performance of his functions the commissioner of capital asset management and maintenance shall establish an advisory council on capital asset management and maintenance which shall meet at such times as the commissioner shall set, but no less often than once every 3 months, to seek information, advice, and counsel as to the recommendation, establishment, and evaluation of priorities and schedules for the acquisition, planning, design, construction, demolition, installation, repair and maintenance of capital facilities. Such of the executive officers of public agencies directly responsible for the acquisition, planning, design, construction, demolition, installation, repair and maintenance of capital facilities or their designees as the commissioner may request shall attend those meetings.
2023 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 11 - Office of Programming; Director of Programming

Section 11. There shall be located within the division of capital asset management and maintenance an office of programming headed by a director of programming. Said director shall be appointed by the commissioner of capital asset management and maintenance, with the prior written approval of the secretary of administration and finance, and may be removed in like manner. The position of director shall not be subject to chapter 31 or section 9A of chapter 30.
No person shall be appointed director of the office of programming unless the person has extensive experience in the study and programming of buildings.
The commissioner of capital asset management and maintenance shall be responsible for the exercise of all powers and the performance of all duties assigned by law to the office of programming, which shall be under his direction, control, and supervision.
2023 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 13 - Office of Project Management; Director of Project Management

Section 13. There shall be within the division of capital asset management and maintenance an office of project management headed by a director of project management.
The director shall be appointed by the commissioner of capital asset management and maintenance with the approval of the secretary of administration and finance, and may be removed in like manner. Said position shall not be subject to section 9A of chapter 30 or chapter 31. No person shall be appointed director of said bureau unless at the time thereof said person shall be registered by the commonwealth as an architect or professional engineer under chapter 112 and shall have proven ability and extensive experience in the management of the design and construction of buildings.
The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to appropriation and subject to the commissioner's approval, all other officers and employees of said office.
The commissioner shall be responsible for the exercise of all powers and the performance of all duties assigned by law to said office, which shall be under his direction. The director shall advise the commissioner as to rules and regulations, standards and guidelines, and priorities and schedules to be established for the office and the division of capital asset management and maintenance.
2023 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 18 - Request for Change Order; Approval or Disapproval; Appeal

Section 18. Any request for a change order shall be processed promptly, in compliance with regulations promulgated by the commissioner, and otherwise according to the requirements of section 39P of chapter 30. Requests shall be submitted to the project manager, who shall, after consultation with the designer and the using agency, approve or disapprove the request. The project manager shall, after obtaining any other required approvals or disapprovals, notify in writing the designer, the using agency and the requesting party of the request and shall issue a written change order or written notice of disapproval to the contractor. If the approval or disapproval would result in a deviation, as defined by regulations of the commissioner from (a) any study or program which must be prepared in accordance with section 59 or (b) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith, the decision made shall be subject to appeal by the using agency to the secretary of administration and finance. Such appeal shall set forth in writing the reasons therefor and a copy thereof shall be furnished to the commissioner at the time the appeal is filed with the commissioner. The commissioner shall, within 10 days following the receipt of such appeal, render a written decision thereon, which shall be final and conclusive.
2023 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 19 - Equitable Adjustment in Contract Price Due to Change in Contractor's Cost of Performance Resulting From Change Order

Section 19. If any change order under section 17 causes any change in the contractor's cost of performance of any work under the contract, whether or not that work is changed by any order, either the contractor or the project manager may request an equitable adjustment in the contract price. A request for such an adjustment shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work or as soon thereafter as possible, and in any event within 30 days of receipt by the contractor of an approved change order or the mailing or furnishing to the commonwealth by the contractor of written notice that the contractor regards an order as a change order. Except for claims on defective specifications, no claim for any change under this section shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required by this section. In the case of defective specifications for which the commonwealth is responsible, the equitable adjustment shall include any cost reasonably incurred by the contractor in attempting to comply with such defective specifications.
The project manager and the contractor shall by negotiation agree upon an equitable adjustment in the contract price before commencement of the pertinent work or as soon thereafter as possible. Notice of the adjustment shall be given to the director. In the absence of agreement by the parties on an equitable adjustment in the contract price, the project manager shall unilaterally determine the costs attributable to the change order. Unilateral equitable adjustments of the project manager shall be reduced to writing and a copy mailed or otherwise furnished to the contractor. Such adjustments shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the project manager a written appeal addressed to the commissioner, and otherwise complies with the requirements set forth in section 39Q of chapter 30. Said section shall govern further appeal to the division of hearing officers.
2023 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 20 - Submission of Costs and Pricing Data to Be Used When Negotiating Adjustments for Change Orders or Other Contract Modifications

Section 20. The contractor shall submit, in accordance with regulations of the commissioner, cost and pricing data to be used when negotiating adjustments for change orders or other contract modifications. Such cost and, pricing data shall be based on generally accepted accounting principles and be in conformity with the guidelines promulgated by the commissioner. Cost estimators employed within the division of capital asset management and maintenance shall review and evaluate cost and pricing data submitted by the contractor.
The contractor shall certify that, to the best of his knowledge and belief, the cost and pricing data submitted was accurate, complete, and current as of the date of submission. Any change order or contract modification under which a certificate is required shall contain a provision that the price to the commonwealth, including profit or fee, shall be adjusted to exclude any significant sums by which the commonwealth finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submission.
Section 13 of chapter 258 and section 67A to section 67C, inclusive, of chapter 266, shall fully apply to the cost and pricing data certification requirements of this section.
2023 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 21 - General Principles Applicable to Equitable Adjustments

Section 21. Equitable adjustments in the contract price negotiated pursuant to section 19 or as part of a contract modification shall be made in accordance with the general principles in this section. The commissioner shall promulgate regulations designed to implement this section.
(1) Adjustments in the contract price shall be made to the maximum extent feasible on a fixed price basis prior to the execution of the change order or contract modification, if this can be done without adversely affecting the interests of the commonwealth.
(2) Where a fixed price cannot be set due to difficulty in estimating the scope of the change ordered, adjustment may be made on a lump-sum guaranteed maximum price basis calculated by use of unit prices specified in the contract or agreed upon by the parties.
(3) Cost reimbursement or time-and-materials methods of price adjustment shall not be used, except where, in the written opinion of the commissioner, no other pricing method is possible. When such pricing method is used, the contractor shall provide complete and accurate information disclosing the costs incurred in performing changes. The contractor shall maintain separate accounts, by job order or other suitable accounting procedure, of all segregable direct cost of work, both changed and not changed, allocable to the change. The commissioner shall promulgate regulations setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs.
2023 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 23 - Acceptance of Federal Funds or Assistance

Section 23. The director may, with the approval of the commissioner and the governor, accept on behalf of the commonwealth any federal funds or assistance for financing the cost of plans and specifications for any project.
If such funds or assistance shall be appropriated for aiding construction of any project, the director may, with like approval, apply for the same and may, with the approval of the governor, accept the same on behalf of the commonwealth. Any project so aided shall be executed in all respects subject to applicable federal laws and rules and regulations and also to the applicable provisions of this chapter not inconsistent therewith.
2023 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 24 - Office of Facilities Management; Director of Facilities Management; Inventory of Buildings

Section 24. There shall be located within the division of capital asset management and maintenance an office of facilities management, headed by a director of facilities management. The director shall be appointed by the commissioner, with the approval of the secretary of administration and finance, and may be removed in like manner. Said office shall not be subject to section 9A of chapter 30 or chapter 31. No person shall be appointed director of said office unless at the time thereof said person shall be registered by the commonwealth as an architect or professional engineer pursuant to chapter 112 and shall have proven ability and extensive experience in the management and oversight of operation, maintenance and repair of buildings.
The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to the commissioner's approval, all other officers and employees of said office.
The director shall develop, in cooperation with the commissioner and using agencies, an inventory of buildings owned or otherwise occupied by state agencies and building authorities. Said inventory may detail the age, condition, type of construction, and physical life expectancy of each building and its major structural components. The inventory shall be updated as repairs, replacements and alterations are performed. Said inventory shall be filed by the commissioner by February 15 yearly with the clerks of the house of representatives and senate, and with the joint committee on state administration and regulatory oversight, and shall be a public document available for general distribution. The director shall recommend to the commissioner standards and guidelines governing the type of information to be included in said inventory, which shall be properly coordinated with the real property inventory established and maintained pursuant to section 38.
2023 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 25 - Control of Supervision of Projects by the Director of Facilities Management

Section 25. The director shall control and supervise all projects allocated to the office of facilities management by the commissioner pursuant to section 5. All of said projects shall be subject to the procedures and requirements set forth in sections 13 through 23, except that the director may recommend to the commissioner regulations governing the extent of representation of the commonwealth by the resident engineer required on the site of construction projects. The director shall, consistent with sections 13 through 23, develop and recommend to the commissioner procedures and requirements for control and supervision of said projects commensurate with the specialized nature of those projects.
2023 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 27 - Building Projects Performed at One or More Using Agencies and Controlled and Supervised by the Office of Facilities Management

Section 27. The director may, with the approval of the commissioner, initiate capital budget requests for building projects to be performed at one or more using agencies and controlled and supervised by the office of facilities management. Such projects may include, but not be limited to: (a) projects designed to alleviate, through a single undertaking or a series of undertakings, problems of a common nature encountered in buildings of more than 1 using agency; (b) projects to correct problems which require immediate attention, where the using agency has failed to include the project in its capital budget requests for the year, or has given such a request low priority; and (c) such other projects as the director may, with the approval of the commissioner, designate, including energy conservation projects, handicapped access projects, and fire, health and safety projects.
2023 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 28 - Duties and Responsibilities of Director of Facilities Management

Section 28. As used in this section, ''using agencies'' shall mean state agencies and building authorities.
The director of facilities management shall: (1) develop, in cooperation with individual state agencies and building authorities, policies, standards, programs and schedules governing the performance of preventive maintenance; (2) develop preventive maintenance training programs for state agency and building authority personnel; (3) evaluate the status of preventive maintenance programs at each state agency and building authority; (4) review using agency maintenance operating budget requests together with maintenance reports submitted pursuant to section 3 of chapter 29 for the purpose of evaluating the priority, necessity, feasibility and appropriateness of said requests; (5) review using agency capital budget requests for repair projects and make recommendations to the commissioner as to those projects of each using agency that should be given funding priority; (6) recommend to the commissioner standards and guidelines for the control and supervision of repair projects controlled and supervised by using agencies; (7) advise the commissioner as to those methods available for the repair of deteriorating buildings, including the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation or rehabilitation; (8) advise the commissioner as to maintenance and repair difficulties encountered in using agency buildings that may be due to faulty design or construction of new facilities; (9) advise the commissioner as to the feasibility and costs of renovating or rehabilitating for state use structures that have been certified historic landmarks, as provided by sections 26 to 27C of chapter 9, that have been listed in the National Register of Historic Places, as provided by 16 U.S.C. 470a, or that have been designated landmarks by the local governing authority; (10) advise the commissioner as to changes in operations and maintenance costs and operational and repair difficulties that may result from using agency proposals for alteration or conversion of existing facilities; and (11) assist using agencies in evaluating maintenance and repair problems and devising and implementing solutions.
2023 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 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems

Section 30. The director of facilities management shall make provision, as part of development of an inventory of buildings owned or otherwise occupied by state agencies or building authorities pursuant to section 24, for evaluation of the energy consumption of each building and its major energy using systems. The director may, with the approval of the commissioner and subject to appropriation or allocation, hire consultants for the purpose of performing energy audits designed to determine the need for energy conservation projects.
The director shall recommend to the commissioner standards and guidelines governing energy conservation maintenance and operating procedures.
The director shall in conjunction with the commissioner of energy resources set priorities and energy efficiency standards for all state buildings and conduct energy audits of said buildings. The bureau may contract with professional consulting firms to perform the energy audits.
All energy conservation projects within the jurisdiction of the division) of capital asset management and maintenance as defined by section 4, including projects funded out of any lump-sum energy conservation fund or account, shall be fully subject to this chapter except that alternative energy property program projects authorized pursuant to section 11 of chapter 25A shall not be subject to sections 11 and 12, sections 13 to 28, inclusive, or this section.
2023 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 31 - Evaluation of Potential for Increasing Energy Efficiency in Buildings Owned or Leased by an Authority or State Agency

Section 31. The division of capital asset management and maintenance shall evaluate the potential for increasing the energy efficiency in each building owned by an authority or state agency, or leased by such authority or agency for at least a 10 year period. Energy efficiency measures, as used in this section shall include, but not be limited to, heating, air-conditioning, lighting, water, and electric systems powered by coal, electricity, natural gas, oil.
The annual energy cost savings realized by each authority or agency shall be retained in that the authority or agency utility account and applied to additional energy efficiency measures in subsequent years.
Actions taken by the division of capital asset management and maintenance in accordance with this section shall be coordinated with ongoing energy conservation projects in state-owned or leased buildings. Utility programs offering energy auditing services shall be used whenever appropriate.
The term ''authority'' used in this section shall not include authorities of cities or towns, such as local housing projects.
2023 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 32 - Real Property Held in Name of State Agency Deemed Real Property of the Commonwealth; Exercise of Eminent Domain by the Commonwealth on Behalf of a State Agency; Delegation to State Agency of Power to Acquire, Control and Dispose of Real Property

Section 32. Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect the transfer to the commonwealth of title to such real property, but the land court department of the trial court shall, upon petition of the division of capital asset management and maintenance, issue in the name of the commonwealth a certificate of title to any real property, title to which is registered under chapter 185 in the name of a state agency or the board of trustees of a state agency or similar board of a state agency. Notwithstanding any general or special law to the contrary, no person shall acquire any rights by prescription or adverse possession in any lands or rights in lands held in the name of the commonwealth.
The commissioner shall exercise the powers stated in this chapter, notwithstanding the delegations under certain terms and purposes which the general court has made pertaining to the acquisition, control, and disposition of real property. The commissioner shall not make any acquisition of real property on behalf of a state agency by eminent domain or make any such delegation of power to acquire real property by eminent domain to any state agency unless such state agency is otherwise authorized by law to exercise the power of eminent domain. The commissioner may delegate to state agencies responsibility for the acquisition, control, and disposition of real property as provided for in this chapter; except that the commissioner may not delegate responsibility for determining that property is surplus to state needs as required in section 33. When responsibility is delegated to a state agency, the written approval of the commissioner shall be required before the transaction is completed, and a copy of said written approval shall be sent to the joint committee on state administration.
2023 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 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease

Section 35A. (a) The commissioner, after consulting with the head of the leasing state agency or the court administrator, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the court administrator, insufficient funds are available within the agency's or the court's appropriation or allotment to maintain the lease consistent with maintaining core governmental functions.
(b) The commissioner may, on behalf of a state agency or the administrative office of the trial court, renegotiate an existing facility's lease by that agency or office, which was procured pursuant to this chapter, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of that lease beyond the 10–year limitation in section 35; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. Before executing an extension of the lease under this section, the commissioner shall make a written determination that the renegotiated lease provisions are favorable to the commonwealth based on a cost-benefit analysis.
2023 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 37 - Purchase, Sale, Rental, etc., of One or More Acres of Real Property; Notification of Public Officials of City or Town in Which Real Property Located; Hearing

Section 37. At least 120 days prior to any purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property by the commonwealth on behalf of state agencies, the commissioner of capital asset management and maintenance shall notify in writing, for each city or town in which the real property is located: the city manager in the case of a city under Plan E form of government, the mayor and the city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency, and the members of the general court. Such 120 day notification requirement may be shortened if: (1) the public officials referred to above agree to reduce the 120–day period upon the request of the commissioner; or (2) the commissioner certifies in writing that an emergency exists, provided that commissioner shall submit his certification to and notify the appropriate local officials of any such transaction at the first possible opportunity. The notice shall include a statement of the present use, the reason for the proposed action, and the proposed use of the property. The commissioner shall at least 60 days prior to any such purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property, cause a public hearing to be held, after giving timely notice, in the city or town where such real property is located for the purpose of disclosing the conditions or reasons for the proposed action.