reglab/statecodes huggingface dataset:
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 38 - Disclosure Statement Required for the Rental or Sale or Purchase of Real Property to or From a Public Agency

Section 38. No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. This section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than 10 per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee's interest is held by the organization of unit owners of a leasehold condominium created under chapter 183A, and time-shares are created in the leasehold condominium under chapter 183B, this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than 3 per cent of the votes entitled to vote at the annual meeting of such organization of unit owners.
A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within 30 days of such change.
Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours.
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 39 - Inventory of Real Property Owned, Rented or Otherwise Occupied by Public Agencies; Publication and Distribution; Central Depository of Records

Section 39. The commissioner of capital asset management and maintenance shall establish and maintain a comprehensive inventory of the real property owned, rented or otherwise occupied by public agencies. Such inventory shall include a detailed description of the allocation, utilization and condition of real property used by state agencies and a general description of the size, type and use of real property under the jurisdiction of other public agencies. The real property inventory shall be published annually for distribution to state agencies and regional planning agencies, shall be filed by February 15 each year with the clerks of the house of representatives and the senate and the joint committee on state administration and regulatory oversight and shall be a public document available for general distribution.
The division of capital asset management and maintenance shall be the central depository for all certificates of title, copies of deeds, records of sale, rental agreements and other pertinent records relating to real property acquired for the use of state agencies. All such documents shall be public records and shall be open to inspection by the public during regular business hours.
The commissioner may delegate responsibility for the housing and care of such original records to a state agency if such records are necessary for the daily operation of said agency. A state agency requesting the delegation of such responsibility shall demonstrate to the commissioner that such records will be adequately maintained and housed. In case of such delegation, copies of essential records shall be deposited with the division.
All public agencies shall cooperate with the division in providing the information required by 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 41 - Unauthorized Occupancy, Expenditure for Maintenance or Use of Land, Buildings or Other State-Owned or State Occupied Facilities Prohibited; Penalties

Section 41. No department of the commonwealth shall occupy, or make any expenditure for the maintenance of, any land, buildings or other state-owned or state-occupied facilities or other property other than that under its control or jurisdiction. No department of the commonwealth shall authorize or otherwise allow the use by any private agency of such land, buildings or facilities under its control or jurisdiction unless such use or expenditure shall have been approved by the general court after recommendation by the secretary of administration and finance. Use without such approval shall be deemed to be a violation of this section, and the user shall pay a civil penalty at the rate of $10 per square foot annually for the period of such use.
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 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space

Section 42. The director of facilities management shall report quarterly to the house and senate committees on ways and means any lease negotiated or any agreement providing for a tenancy at will or other rental of space, and any renewal or extension thereof, which has been signed by the executive or administrative head of a state department, court, commission or board or which has been approved by the superintendent of the state house and by the secretary of administration and finance; provided, however, that said quarterly report shall include by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement.
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 43 - Procedure Upon Notice of Site Evaluation to Determine Presence of American Indian Skeletal Remains

Section 43. Upon the receipt of the commission of notice under section 6 of chapter 38 that a site evaluation will be made to determine if skeletal remains are American Indian, the commission may designate a representative to be present when said site evaluation is made. If the state archaeologist and commission determine that said remains are American Indian, the owner of the land whereon the remains were discovered, the state archaeologist, the commission and other interested parties shall determine whether prudent and feasible alternatives exist to avoid, minimize or mitigate harm to the Indian burial site. If it is not prudent and feasible to preserve the remains in the original Indian burial site then the state archaeologist shall excavate and recover the remains under the supervision of the commission on Indian affairs. The commission and state archaeologist shall then consult to determine how the remains shall be disposed.
The final plan or agreement, which shall be in writing, may include provisions for preservation in situ; or the conducting of additional scientific and archaeological research and investigation with the approval of the commission on Indian affairs, or the immediate reinterment of the remains or with the consent of the site's owner, or the execution of a preservation restriction pursuant to section 32 of chapter 184. If it is determined that the remains are to be reinterred it shall be the responsibility of the commission on Indian affairs to conduct the reinterment.
The state archaeologist and commission shall consult to determine whether a skeletal analysis shall be made; said analysis must be completed within 1 year of the date of approval. If more than 1 year is required to conduct said analysis, the commission and state archaeologist shall consult to determine whether the 1 year may be extended. If they fail to agree on whether the skeletal analysis shall be extended for more than 1 year, they shall each designate three qualified persons who shall meet and make a recommendation to the commission on Indian affairs on whether a skeletal analysis of the remains shall be made. The commission shall make the final decision on whether a skeletal analysis of the remains shall be conducted for longer than 1 year. It will be the responsibility of the commission on Indian affairs to reinter the remains when the skeletal analysis is completed.
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 45 - Designer Selection Board

Section 45. (a) There shall be located within the executive office for administration and finance a designer selection board, consisting of 11 members. Eight members shall be appointed by the governor, 3 of whom shall be registered architects, or currently unregistered but with at least 10 years' experience as an architect registered by a National Council of Architectural Registration Boards member board or who may be architects emeritus and none of whom shall have a record of disciplinary action; 3 of whom shall be registered engineers or currently unregistered but with at least 10 years' experience as a registered engineer and none of whom shall have a record of disciplinary action; and 2 of whom shall be representatives of the public who are not architects, engineers or construction contractors. Three additional members shall be appointed as follows: 1 registered architect by the Massachusetts State Association of Architects, 1 registered engineer by the government affairs council of design professional and 1 general contractor by the associated general contractor. The board shall be expanded from the present 5 members to 11 members according to the following schedule: 1 additional architect, 1 additional engineer, and the 1 general contractor shall be appointed by the designated body within 90 days of the effective date of this section; another additional public representative shall be appointed within 1 year thereafter. Members shall be appointed for terms of 2 years and may be reappointed for no more than 1 successive 2 year term. The director shall designate a representative, who shall be the project manager in the case of a project under the jurisdiction of the office of project management, to act as a nonvoting member of the board for each project under his jurisdiction under consideration by the board. No provision of this section shall operate to reduce the tenure of members of the board serving at the time of the effective date of this section, except that the director of bureau of building construction shall cease to so serve upon the effective date of this section.
(b) Members of the board shall be reimbursed for all necessary expenses incurred in the discharge of their official duties.
(c) The board shall employ an executive director who shall be appointed by the secretary of administration and finance and who shall have either: (1) not fewer than 15 years of experience as a registered architect but who shall not have a record of disciplinary action; or (2) not fewer than 15 years of experience as a registered engineer but who shall not have a record of disciplinary action. The board shall employ such other staff or consultants as it may deem necessary, subject to appropriation. The board and its staff may travel within and without the commonwealth.
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 47 - Public Notice Requirements for Contracts for Design Services

Section 47. (a) Each contract for design services for a project subject to the jurisdiction of the board shall be publicly advertised by the board in a newspaper of general circulation in the area in which the project is located or to be located, and in the central register established under section 20A of chapter 9, and in such places as the board requires by regulation, at least 2 weeks before the deadline for filing applications; provided, however, that each contract for design services for a project whose estimated cost of construction is not less than $10,000 nor more than $25,000 shall not be required to be advertised in a newspaper of general circulation but shall be required to be advertised in the central register.
(b) The public notice required by subsection (a) shall contain:
(i) a description of the project, including the specific design services sought, the time period within which the project is to be completed, and, if available, the estimated construction cost;
(ii) if there is a program for the project, a statement of when and where the program will be available for inspection for applicants, and when and where a briefing session will be held for applicants, if one is required by the board's regulations and if there is not a program for the project, a statement to the effect;
(iii) the qualification required of applicants for the projects, including whether interior designers are eligible to apply, as determined by subsection (h) of section 48;
(iv) the categories of designers' and interior designers' consultants, if any, for which applicants must list the names of consultants which the applicant may choose to use; and
(v) whether the fee has been set or will be negotiated, and if the fee has been set, the amount of the fee.
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 49 - Selection of Semifinalists and Finalists; Criteria for Selection; Disqualification of Board Member From Participation in Selection of Designer or Interior Designer

Section 49. (a) The board shall adopt written applicants' criteria for selection of semifinalists and finalists based upon information obtained under section 48 for each project. The criteria shall include:
(i) prior similar experience;
(ii) past performance on public and private projects;
(iii) financial stability;
(iv) identity and qualifications of the consultants who will work with the applicant on the project; and
(v) any other criteria that the board considers relevant for any project, including evidence of the applicant's ability to advance the commonwealth's goals under section 6.
(b) Semifinalists may be chosen for each project.
The board shall select at least 3 finalists from among all the applicants, or from the semifinalists selected under this section, and in doing so may require all the applicants or the semifinalists to:
(i) appear for an interview before the board;
(ii) present a written proposal to the board; or
(iii) participate in a design competition held by the board.
(c) The board shall transmit a list of the chosen finalists to the commissioner. No person or firm debarred pursuant to section 44C of chapter 149 or disqualified pursuant to section 47 shall be so included as a finalist. The board shall transmit to the commissioner all material made or received relating to such recommendation.
The list shall rank the finalists in order of qualification and include a record of the final vote of the board on the selection; and include a written statement explaining the board's reasons for its choice and its ranking of the finalists.
(d) The board may delegate its powers and duties under subsection (b) of section 47, subsections (c) and (d) of section 48, subsections (a) and (b) of section 50 and sections 51 and 52 to panels of less than all the board members. A panel of not less than 6 members shall be required for selection of designers and interior designers under this section, 4 of whom shall be architects or engineers, including at least 1 architect and 1 engineer on that panel.
(e) For the purposes of chapter 268A and subject to the penalties therein, no member of the board shall participate in the selection of a designer or interior designer as a finalist or semifinalist for any project if the member or any member of his immediate family:
(i) has a direct or indirect financial interest in the award of the design contract to any applicant;
(ii) is currently employed by, or is a consultant to or under contract to an applicant.
(iii) is negotiating or has an arrangement concerning future employment or contracting with any applicant; or
(iv) has an ownership interest in, or is an officer or director of, any applicant.
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 52 - Appointment of Designer or Interior Designer for Continued or Extended Services

Section 52. The commissioner may appoint a designer or interior designer to perform continued or extended services if the following conditions are met:
(i) a written statement is filed with the board explaining the reasons for the continuation or extension of services;
(ii) the program for the design services is filed with the board if one is required by the regulations of the division; and
(iii) the board approves the appointment of the designer or interior designer for continued or extended services and states the reason therefor.
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 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation

Section 53. (a) Whenever the health or safety of any persons will be endangered because of the time required for the selection of a designer, interior designer, programmer or construction manager by the procedures prescribed by sections 44 to 58, inclusive, or whenever a deadline for action is set on a project by any court or federal agency which cannot be met if those selection procedures are followed, the commissioner may declare that an emergency situation exists.
(b) If the commissioner declares that an emergency situation exists, finalist selection may be made by the board by expedited procedures adopted by regulation by the board.
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 55 - Record Keeping Requirements Applicable to Board and Agencies Not Subject to Board Jurisdiction

Section 55. The board, any public agency exempted under section 46 and all other governmental units engaged in the selection of applicants to perform design services but not otherwise subject to the board's jurisdiction shall keep the following records:
(i) all information supplied by or obtained about each applicant;
(ii) all actions taken by the board or agency relating to any project;
(iii) any other records related to designer or interior designer selection required by the division.
The records of public agencies exempted under section 46 or not otherwise subject to the jurisdiction of the board shall be available for inspection by the board or the division.
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 56 - Reporting of List of All Finalists and Awards to Division of Capital Asset Management and Maintenance

Section 56. The board shall submit an annual report to the division of capital asset management and maintenance listing all finalists selected by the board and all awards made pursuant to sections 44 to 58, inclusive, a summary of the activities and other actions of the board and its staff, and such other items as the board deems appropriate.
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 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58

Section 57. The board shall independently adopt procedures and regulations as necessary to implement the requirements of sections 44 to 58, inclusive. Such procedures and regulations may vary according to the class of project.
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 60 - Certification That Design Work Comports With Appropriation, Authorization or Project Cost Limits and Any Study or Program

Section 60. No allotment, encumbrance, or expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project, or other person provided for by statute, certifies in writing that the design work is or shall be such as to specify a project that can be accomplished: (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization; and (b) without substantial deviation from any: (i) study or program which must be prepared in accordance with section 59 or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other pre-design document referred to in subclauses (i) and (ii) of clause (b).
No state agency, as defined by section 1, administering a capital facility project shall enter into any contracts or incur any other obligations or cause to be performed design services for that project if such would result in the completion of a project which cannot be accomplished: (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization, and (b) without substantial deviation for (i) any study or program which must be prepared in accordance with section 59; or (ii) any other pre-design planning document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of gross square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other pre-design document referred to in subclauses (i) and (ii) of clause (b).
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 61 - Certification That Construction Work Can Be Accomplished Within Appropriation or Authorization for the Project and Comports With Study or Program

Section 61. No allotment, encumbrance, or expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project, or other person provided for by statute, certifies in writing that the construction work can be accomplished: (a) within the appropriation or authorization for the project, and (b) without substantial deviation from: (i) any study or program which must be prepared in accordance with section 59, or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more 10 ten per cent from the number specified in the study, program or other predesign document referred to in subclauses (i) and (ii) of clause (b).
No state agency, as defined by section 1, administering a facility administering project shall enter into any contracts or incur any obligations or cause to be performed construction of that project if such would result in the completion of a project which cannot be accomplished (a) within the appropriation or authorization for the project, and (b) without substantial deviation from: (i) any study or program which must be prepared in accordance with section 59, or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other predesign document referred to in subclauses (i) and (ii) of clause (b).
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 63 - Capital Facility Planning Fund

Section 63. There is established and set up on the books of the commonwealth a separate fund, consisting of monies appropriated to the fund by the general court and income derived from the investment of monies appropriated to the fund, known as the capital facility planning fund.
Allocation of monies from such fund shall be made according to section 62. The purpose of the capital facility planning fund shall be to provide monies for the planning of capital facility projects by state agencies other than counties. Priority in the allocation of monies from such fund shall be given to projects:
(i) which are included in any long range capital facilities development plan previously approved by the general court or in any master plan, consistent with such long range plans, previously approved by the commissioner of capital asset management and maintenance or
(ii) whose rapid progress is indicated by statutes which provide for capital facility projects to advance specific agency programs, goals or objectives; and for which the delay in seeking monies through the normal capital budget process provided for by this chapter would cause a serious loss in use of the proposed capital facility if it were unavailable or cause a percentage increase in total project cost substantially larger than that for other projects at a comparable stage of development.
Monies from the capital facility planning fund may be allocated, in accordance with priorities stated above, for the preparation of environmental impact reports to comply with the requirements of chapter 12 and chapter 30.
Monies from the capital facility fund may be allocated, in accordance with the priorities stated above, for options to purchase land or buildings which will be used for capital facility projects specifically identified in the allocation request.
If monies spent on a capital facility project are allocated from the capital facility planning fund and the funds for the acquisition of a site for or the design or design and construction of such project are appropriated or authorized then a sum of money equal to that allocation shall be deducted from the amount so appropriated or authorized and returned to the capital facility planning fund.
In no case shall a request for monies or monies be allocated for projects for which a similar request is currently being considered according to the capital budget process for the current fiscal year provided for by this chapter or which was so considered during the capital budget process for the previous fiscal year and failed to receive an appropriation or authorization.
Requests for monies from the capital facility planning fund may be made by state agencies other than counties and only after approval of such requests by the secretary of the executive office in which that agency is located, except in the case of a public institution of higher learning, only after approval by the board of higher education.
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 65 - Required Content of Long-Range Capital Facilities Development Plans

Section 65. In formulating requirements for the information to be provided in long-range capital facilities development plans, the commissioner of capital asset management and maintenance shall require at least the following: the history, legislative authority and major responsibilities of the public agency as defined by law and by administrative rule, regulation or directive; the programs being carried out by each as they affect capital facility needs; an appraisal of the responsibilities, objectives and current programs and evaluation of the factors expected to influence future programs; tabulations of the numbers of people served by and staffing the agency and its subunits; a detailed description of the land and facilities currently owned, leased or used by the agency to the extent that such description has not previously been submitted to the commissioner as part of the real property inventory maintained by him and an estimate of their utilization in relation to current and future programs.
In formulating requirements for each long-range capital facilities development plan, the commissioner shall require at least the following: a determination of the capital facility needs based on the programs, population to be served, and the adequacy of existing facilities; a proposed capital facility project schedule and an explanation of the relationship between the need for each project and the stated programs; a summary of the schedule of needs for funds; a tabulation of the estimated staffs required for such new or modified programs and facilities; a tabulation of such projects showing the effect upon staffing, operating, and maintenance expenses; and a description of the geographic and spatial location of the facility relative to other facilities or land of the agency or its subunits.
In formulating requirements for any revisions of long-range capital facilities development plans the commissioner shall require at least the following: a statement of the changes in the agency's responsibilities, objectives and programs; revised estimates of institutional population and staff, and geographic and spatial descriptions of capital facilities; and changes in capital facility requirements as they would have effect at least 5 years from the date of submission.
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 70 - Emergency Repair Reserve Account

Section 70. The governor's and the commissioner of capital asset management and maintenance capital facility budget shall include provisions for establishment of an emergency repair reserve account, the purpose of which shall be to provide monies for the performance of repair projects of such a nature that funding through the capital budget process provided for by this chapter would be burdensome. Allocation of monies from such reserve accounts shall be made according to the provisions of section 62. Priority in the allocation of monies from such fund shall be given as follows:
(1) top priority shall be given to funding requests for projects designed to remedy clear and present dangers to the health and safety of the users of the facility in question;
(2) secondary priority shall be given to funding requests for projects which would prevent imminent destruction or damage of property or equipment beyond reasonable repair; and
(3) third priority shall be given to funding requests for projects, that would restore use of a facility or part of a facility to its user, where the loss of use has seriously disrupted the agency's program functions.
In no case shall a request for monies be made or monies be allocated for projects for which a similar request was considered during the capital budget process for the previous year as provided for by this chapter, and which failed to receive an appropriation or authorization.
Requests for monies from the emergency repair reserve account may be made by state agencies other than counties and by the office of facility management.
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 71 - Review and Study by Commissioner of All Requests and Recommendations for Appropriations or Authorizations for Expenditures Pertaining to Capital Facility Projects; Review by Commissioner of Petition, Motion or Amendment Introduced by General Court Relating to Capital Facility Project

Section 71. All requests and recommendations for appropriations or authorizations for expenditures by the commonwealth that pertain to capital facility projects shall be studied by the commissioner with reference to any current long range capital facility development plans proposed in accordance with the requirements of sections 64, 65, 66 and 67. The commissioner shall consider the effects upon the policies, programs, and priorities with regard to which the commissioner is required to report in accordance with section 73 and with reference to any other matters which the commissioner requires to be reported to him in his review and evaluation of capital facility budget requests by public agencies under sections 64, 65, 66, 67 and 68. After such review and study, the commissioner shall promptly prepare and submit his recommendations to the general court.
The commissioner shall promptly review any petition, motion or amendment introduced in either chamber of the general court which makes a provision for a capital facility project. During such review the commissioner shall study the necessity, desirability, and relative priority of such capital facility project by reference to any current long range capital facilities development plans proposed in accordance with the requirements of sections 64, 65, 66, 67 and 68. The commissioner shall consider the effects upon the policies, programs, and priorities with regard to which the commissioner is required to report in accordance with section 73, and with reference to any other matters which the commissioner requires to be reported to him in his review and evaluation of capital facility budget requests by public agencies in accordance with the provisions of sections 64, 65, 66, 67 and 68. After such review and study the commissioner shall promptly prepare and forward his recommendation on the petition, motion, or amendment to the chamber in which it was introduced and where it is pending.
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 72 - Annual Reporting by Commissioner to Governor and General Court

Section 72. The commissioner shall, each year, not later than 30 days after the governor submits the budget under section 71, submit to the governor and to the general court a report which shall include, but not be limited to, the following: an evaluation of the effect of the capital facility budget, and the implementation of the proposed long range capital facilities development plan upon important policies, programs, and priorities mandated by the general court or established by the governor in accordance with law such as impact on the environment, energy conservation, preventative maintenance, architectural barriers, and the effective coordination of such policies, programs, and priorities with those of the federal government to assure the maximum benefit to the commonwealth from such federal programs.
Not later than an additional 30 days thereafter, the commissioner shall submit to the governor and to the general court a similar report on the impact of and the progress made in the implementation of long range capital facilities plans and previously authorized capital facility projects.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Chief information officer'' or ''CIO'', the chief information officer of the commonwealth.
''Deputy director'', the director of information technology of a state agency.
''Information technology'' or ''IT'', hardware, software, telecommunications equipment and related services designed for the storage, manipulation and retrieval of data by electronic or mechanical means including, but not limited to, personal computers, mainframes, wide and local area networks, servers, mobile or portable computers, peripheral equipment, telephones, wireless communications, handheld devices, cloud-based application and platform services, public safety radio services, facsimile machines, data centers, dedicated training facilities and switching facilities.
''Office'', the executive office of technology services and security.
''Secretariat chief information officer'' or ''SCIO'', the person responsible for technology services, security and information technology in each executive office other than the executive office of technology services and security, who reports to both the secretary of technology services and security and the secretary of the executive office for whose technology services the SCIO is responsible.
''State agency'', a legal entity of state government established by the general court as an agency, board, bureau, commission, council, department, office or division of the commonwealth with a specific mission and which is subject to the control of the governor or whose administration has been solely appointed by the governor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 2 - Executive Office of Information Technology Services and Security; Secretary; Chief Information Officer; Adherence to Information Technology Policies, Procedures and Objectives by Executive Department Agencies

Section 2. There shall be an executive office of technology services and security that will be an executive office within the meaning of section 2 of chapter 6A. The office shall be administered by a secretary who shall be appointed by the governor and who shall supervise all activities concerning information technology of state agencies. The Governor may designate the secretary of the executive office of technology services and security as the chief information officer for the commonwealth. If the Governor does not designate the secretary as the chief information officer, the secretary shall, notwithstanding section 45 of chapter 30 and chapter 31, subject to the approval of the governor, appoint a chief information officer who shall report to the secretary and serve at the pleasure of the secretary. Notwithstanding any general or special law, rule, regulation, executive order, policy or procedure to the contrary, all executive department agencies shall, and other state agencies may, adhere to the policies, procedures and objectives established by the executive office of technology services and security with respect to activities concerning information technology.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 4 - Enterprise Chief Information Security Officer (Ciso)

Section 4. The secretary shall, notwithstanding section 45 of chapter 30 and chapter 31, appoint a qualified individual to serve as an enterprise chief information security officer (CISO) for the commonwealth who shall serve at the pleasure of the secretary. The CISO shall advise the secretary and the CIO on preventing data loss and fraud and protecting privacy. The CISO shall ensure all existing IT policies applicable to executive offices and agencies reflect best practices related to security and privacy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 4a - Chief Data Officer

Section 4A. The secretary may, notwithstanding section 45 of chapter 30 and chapter 31, appoint a qualified individual to serve as the chief data officer for the commonwealth, who shall serve at the pleasure of the secretary. Notwithstanding any general or special law, rule, regulation, executive order, policy or procedure to the contrary, the chief data officer shall develop administrative directives to govern the use, storage, collection, and dissemination of data assets for the executive department, and shall develop procedures for facilitating, where appropriate, resolution of disputes between or among agencies, departments, and executive offices regarding the use and sharing of data. The chief data officer shall have the role of promoting and facilitating, subject to all applicable federal and state laws, rules, and regulation, the sharing and use of data assets of the commonwealth in support of data-driven policymaking, research, analysis, study, or economic development.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 4b - Chief Privacy Officer

Section 4B. The secretary may, notwithstanding section 45 of chapter 30 and chapter 31, appoint a qualified individual to serve as commonwealth chief privacy officer, who shall serve at the pleasure of the secretary. The chief privacy officer shall promote privacy and security in the use and dissemination of sensitive data, and shall serve as an ombudsperson to effectuate resolution of concerns regarding privacy and security in the use of data.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 4c - Chief Digital Officer

Section 4C. The secretary may, notwithstanding section 45 of chapter 30 and chapter 31, appoint a qualified individual to serve as chief digital officer, who shall serve at the pleasure of the secretary. The chief digital officer is directed to lead an effort to improve the public facing web presence and related services for executive department offices and agencies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 5 - Bureau of Geographic Information

Section 5. There shall be a bureau of geographic information within the office which shall develop, maintain, update and distribute geographic information, technology, data and services for use by state agencies, municipalities and the public. The office shall coordinate all geographic information activities in state and local government and shall collect, manage and distribute geographic information maintained by state agencies and local government agencies. Subject to sufficient appropriation, the office shall provide technical services related to geographic information to state agencies and municipalities. The secretary may, as needed, set standards for the acquisition, management and reporting of geographical information and for the acquisition, creation or use of applications employing such information by any state agency and the reporting of such information by municipalities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 6 - Appointment of Secretariat Chief Information Officer (Scio) of Each Executive Office; Duties; It Strategy Plan; Compliance Reviews

Section 6. (a) The secretary of each executive office established pursuant to section 2 of chapter 6A shall, in consultation with and approval by the secretary, appoint an SCIO of each executive office who shall report to the secretary of that executive office and to the secretary of technology services and security. Each SCIO shall manage all activities concerning information technology within the executive office and supervise all information technology personnel.
(b) Each SCIO shall manage the information technology personnel needs of their respective executive offices. Each SCIO shall develop an IT strategic plan for the executive office that shall be approved by the CIO that sets forth: (i) operational and project priorities; (ii) budgets; (iii) planned procurements; (iv) efficiency goals; (v) security initiatives; and (vi) staffing plans.
(c) The secretary shall supervise the activities of all SCIOs and may conduct annual compliance reviews across the executive offices to ensure full compliance with statutes, regulations, policies, standards and contractual obligations related to information technology and security.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 7d - Massachusetts Office of Information Technology › Section 8 - Interagency Service Agreements; Consultation With Division of Local Services in the Department of Revenue

Section 8. Through interagency service agreements, the office may consult and provide services to municipalities, constitutional officers, the judiciary, the legislature, institutions of higher education, authorities, quasi-public corporations and other political subdivisions of the commonwealth as well as other states of the United States if the provision of these services to other states will decrease the costs or improve the efficiency of the service provided by the office to the commonwealth. The office shall consult with the division of local services in the department of revenue to identify ways to better assist municipalities and regional entities in procuring and developing information technology services.