Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.01 - Authority, Applicability, Scope and Purpose

Current through Register 1525, July 5, 2024
(1) 963 CMR 2.00
			 is promulgated by the Massachusetts School Building Authority ("Authority" or
			 "MSBA") established by M.G.L. c. 70B pursuant to rule-making authority
			 conferred by M.G.L. c. 70B and St. 2004, c. 208 for the implementation of that
			 statute and the school building grant program it establishes, all is consistent
			 with M.G.L. c. 30 and c. 30A.
(2)
			 The provisions of 963 CMR 2.00 shall apply to all cities, towns, regional
			 school districts, and independent agricultural and technical schools, and all
			 projects for which an Eligible Applicant is seeking and/or receiving funds for
			 a portion of a municipally-owned or regionally-owned school facility from the
			 Authority pursuant to M.G.L. c. 70B. The provisions of 963 CMR 2.00 are
			 intended to govern the relationship between the Authority and all cities,
			 towns, regional school districts, and independent agricultural and technical
			 schools with respect to such projects and are not intended to confer rights,
			 enforcement prerogatives, or causes of action on third parties, including
			 contractors, abutters, or members of the general public.
(3) Except with respect to the express
			 provisions of 963 CMR 2.00 or as otherwise provided by law, including St. 2004,
			 c. 208, all school projects previously awarded school building assistance
			 grants by the Massachusetts Department of Education or grandfathered under the
			 provisions of St. 2004, c. 208, § 45 shall continue to be governed by the
			 provisions of 603 CMR 38.00 and Massachusetts Department of Education policies,
			 guidelines, and practices and any amendments, clarifications, interpretations,
			 policies or guidelines related to said 603 CMR 38.00 developed or implemented
			 by the Authority.
(4) No city,
			 town, regional school district, or independent agricultural and technical
			 school shall have any entitlement to funds under M.G.L. c. 70B or the
			 provisions of 963 CMR 2.00.
(5) 963
			 CMR 2.00 sets forth the Authority's authority and responsibilities to achieve
			 the effective planning, management and financial sustainability of a program to
			 provide partial funding for the construction, renovation or repair of
			 municipally or regionally owned school facilities and sets forth the
			 requirements which shall be met, the standards which shall be applied, and the
			 procedures which shall be followed in the application for and the awarding of
			 Authority school building funds. The Authority may issue supplemental policies,
			 rules, guidelines, guidance documents, advisories, and/or administrative
			 procedures to assist in the implementation and administration of M.G.L. c. 70B
			 and 963 CMR 2.00.
(6) Cities,
			 towns, regional school districts, and independent agricultural and technical
			 schools are responsible for the administration and success of a project, and
			 the provision of technical advice, guidance, approvals, or funds, if any, by
			 the Authority shall not in any way be construed, interpreted or deemed to imply
			 that the Authority shall have any responsibility for the administration or
			 success of the project. Although cities, towns, regional school districts, and
			 independent agricultural and technical schools are encouraged to seek the
			 advice and opinion of the Authority on issues that may arise regarding the
			 project, advice provided by the Authority shall not transfer the responsibility
			 for final decisions from cities, towns, regional school districts, and
			 independent agricultural and technical schools to the Authority, nor render the
			 Authority responsible for any such advice.
(7) Total Facilities Grants awarded by the
			 Authority pursuant to M.G.L. c. 70B and 963 CMR 2.00, if any, shall be used in
			 conformance with M.G.L. c. 70B, St. 2004, c. 208, 963 CMR 2.00, the provisions
			 of the Project Funding Agreement and any other documents, contracts, forms,
			 statements, certifications or other documents required by the Authority, to
			 achieve the grant objectives and to ensure that the purposes set forth in
			 M.G.L. c. 70B and 963 CMR 2.00 are fully executed.
(8) The Authority shall not distribute any
			 grant amounts in excess of the limitations established in M.G.L. c. 70B, §
			 7.