Public Notice and Comment Requirements
Effective Oct 16, 2020Mass. Register #1428MGL c. 7B St. 1990, c. 150, § 220Division of Capital Asset Management and Maintenance
(1) Agencies shall, prior to submitting a Project Proposal to the Board for a Proposed Project which has received preliminary approval under 810 CMR 2.04(2), publish a Notice of Intent to Submit a Proposal (this publication requirement shall also apply to Low Impact Electronic, Communications and Telecommunications Projects and Acquisition Projects even though preliminary approval of such Projects is not required). Such notice shall include:
- (a) a brief summary of the Project, including a description of the Asset, the general location of any real property involved in the Proposed Project, and an estimate of the value of the Asset;
- (b) the location or office at which draft Project Proposals are available;
- (c) an invitation for public comment and, if required by 810 CMR 2.00, the date, time, and location of a public hearing on the proposal; and
- (d) the procedures and deadlines for submitting comments. A copy of such notice shall also be sent to each member of the Board. Notices shall also be sent, in the case of a Proposed Project involving the acquisition or disposition of an interest in real property with an estimated value greater than $100,000, to the members of the General Court in the legislative district in which the Project is located, in the case of a city under the "Plan E" form of government, to the city manager in the case of all other cities, to the mayor and the city council and in the case of a town, to the chairman of the board of selectman, the county commissioners, and the regional planning agency.
- (2) The Agency shall cause a Notice of Intent to Submit a Proposal to be advertised for two consecutive weeks in the Central Register and once a week for two consecutive weeks in at least one newspaper of general circulation covering the Project area. The last notice shall appear no less than seven days prior to the submission of the proposal to the Board or the conduct of a public hearing, whichever is sooner.
- (3) Prior to the submission of any Project Proposal for which, under the provisions of 810 CMR 2.05(1), notice must be given to members of the General Court, the Agency preparing such Project Proposal shall conduct a public hearing on the proposal in the legislative district in which the Project is located; except that the Board may vote to waive this public hearing requirement under 810 CMR 2.05(4) and such public hearing shall not be required for Low Impact Electronic, Communications and Telecommunications Projects. In the case of Acquisition Projects, the public hearing requirement shall be deemed satisfied if at least one public hearing shall have been conducted within the Proposed Project area. Board members may participate in any such hearing. The Agency conducting the hearing shall maintain minutes of the hearing which accurately reflect comments received at the hearing. The public hearing shall be conducted under any special requirements established by the Board under 810 CMR 2.04(2).
- (4) The Board may, waive any otherwise applicable public hearing requirement if the Board determines, based upon review of the Preliminary Project Proposal (or, in the case of an Acquisition Project, based on a review of the Proposed Project), that such a public hearing is not necessary to insure that the Proposed Project meets the standards for approval set forth in M.G.L. c. 7B and in 810 CMR 2.02(1).
2.06 Project Proposal
- (1) After public notice and public hearing, if applicable, an Agency may submit a Project Proposal for action by the Board. Any such Project Proposal shall include sufficient information for the Board to determine whether the Proposed Project meets the standard for approval set forth in M.G.L. c. 7B and in 810 CMR 2.02(1).
(2) The proposal shall include, at a minimum, the following (if applicable):
(a) A detailed description of the Project including:
- 1. the Asset involved and, in the case of a disposition, its current use;
- 2. anticipated public benefits to be realized from the Project;
- 3. anticipated publicly paid capital and operating costs, and the source of funds for such costs;
- 4. estimated revenues, their sources and application;
- 5. the anticipated market for the property procurement or disposition;
- 6. private sector participation required for the Proposed Project and the feasibility of obtaining such participation;
- 7. a schedule for implementation showing major milestones and completion dates; and
- 8. performance measures to determine the success or failure of the Proposed Project.
- (b) An inventory of the Agency's Assets, identifying those that are underutilized. The inventory must be current within one year of the submission, describe the method used to compile the inventory, and specify the measures employed to determine which Assets are underutilized. In the case of an Acquisition Project, the Agency shall identify any Agency Assets that are underutilized and might be appropriate for use in lieu of the proposed Asset to be acquired. If the Proposed Project is limited to one or more specific institutions or facilities, the inventory may be limited to the Assets contained at such institutions or facilities.
- (c) In the case of a Proposed Project involving real property, certification by the Commissioner that the Commissioner has received a copy of the inventory and that the Commissioner believes the inventory to be accurate and current. The Commissioner shall also certify that the Proposed Project does not conflict with the current and foreseeable needs of any Agency or, if there is a conflict with the needs of any Agency, shall identify the conflict and recommend whether the Board should approve the Project notwithstanding such conflicts.
- (d) Certification by the secretary of the executive office within which the proposing Agency is located (or the Board of Higher Education for Agencies under its jurisdiction) that the office has reviewed and approved the Proposed Project.
- (e) A copy of all comments received as a result of the public comment process and minutes of any hearing held pursuant to 810 CMR 2.05, and the Agency's response to such comments, including changes made in the Project Proposal, if any.
- (f) In the case of a Proposed Project involving the disposition of an interest in real property, an independent appraisal of the property, conducted within one year of the submission, for both the highest and best use and the Proposed Project use, if different, taking into consideration the terms of the proposed disposition, and describing the methods and assumptions employed to make the appraisal. A current assessment of value conducted by or on behalf of DCAMM’s Office of Real Estate Management shall satisfy this requirement for Low Impact Electronic, Communications and Telecommunications Projects. A market assessment conducted by or on behalf of DCAMM shall satisfy this requirement for Acquisition Projects.
- (g) A description of the specific laws and regulations which conflict with the Proposed Project and the manner in which utilizing alternative procedures will ensure an open and competitive process for the procurement or disposition. This shall include, at minimum, provisions for: advertising the time and place at which the request for proposals may be obtained, the time and place for submission of proposals, and the nature and scope of the Project; providing all interested parties with information, sufficient to develop a responsive proposal; establishing and following an evaluation process which ensures fair treatment of all proposers; and providing all interested parties with the proposal evaluation criteria which will be utilized to judge proposals.
- (h) A statement of the Agency's plan to provide ongoing information required to assist the Board in its monitoring responsibilities, as detailed in 810 CMR 2.08.
- (i) Identification of the Agency responsible for Project implementation, the name and title of the official responsible within the Agency, and the qualifications of said official and other key personnel who will be assigned to insure successful implementation. If the Agency will require contracted services to assist in the implementation, the proposal shall include a description of the services to be procured.
- (j) Copies of any reports, analyses, or studies employed in the development of the Project Proposal and a description of the methods used therein.
(k) If the Project Proposal includes a request for authorization to establish a Trust Fund under 810 CMR 2.09, the request must include the following:
- 1. the specific purpose for which the Trust Fund would be established,
- 2. projected revenues and expenditures from the Trust Fund for the first five years,
- 3. identification of the beneficiaries of the Trust Fund, and
- 4. a recommendation by the Secretary of Administration and Finance recommending the establishment of such Trust Fund.
- (l) Identification of any private individual or entity involved in the preparation of the Project Proposal other than through the public comment process and disclosure of the nature and extent of such involvement.
- (m) Any other information deemed pertinent by the Agency or previously requested by the Board in the preliminary review.
- (3) A complete submission by an Agency shall consist of one original and one copy in a version acceptable to the Commissioner of DCAMM of all documents required by 810 CMR 2.00 which shall be delivered to the Board in care of the Office of Real Estate Management, DCAMM, One Ashburton Place, 15th Floor, Boston, MA 02108.