Massachusetts General Laws
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.

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Structure Massachusetts General Laws

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 1 - Definitions Applicable to This Chapter and Chapter 29

Section 2 - Commissioner of Capital Asset Management and Maintenance; Appointment; Duties and Responsibilities

Section 3 - Coordination of Capital Facility Project Plans and Programs

Section 4 - Jurisdiction of Division of Capital Asset Management and Maintenance Over Capital Facility Projects

Section 5 - Building Project Control and Supervision by Commissioner; Delegation of Project Control and Supervision to State Agency or Building Authority

Section 6 - Affirmative Marketing Program to Ensure Fair Participation of Minority-Owned and Women-Owned Businesses on Capital Facility Projects and State Assisted Building Projects

Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities

Section 8 - Duties of Commissioner Relating to the Proper Management of the Operation of the Division of Capital Asset Management and Maintenance and the Coordination of Offices Located Therein; Uniform Contract Conditions; Administrative Units; Perf...

Section 9 - Reporting on Progress of Capital Facility Projects; Analysis of Real Property Acquired for Use of State Agencies; Reporting of Projects Completed, in Process or Scheduled for the Future; Proposed Capital Repair and Maintenance Plan for St...

Section 10 - Advisory Council on Capital Asset Management and Maintenance

Section 11 - Office of Programming; Director of Programming

Section 12 - Duties and Responsibilities of Director of Programming

Section 13 - Office of Project Management; Director of Project Management

Section 14 - Duties and Responsibilities of Director of Project Management

Section 15 - Submission of Building Project Plans and Specifications to Director of Project Management for Review and Approval; Advertisement for Applications for Bids

Section 16 - Project Managers

Section 17 - Change Orders or Other Contract Modifications

Section 18 - Request for Change Order; Approval or Disapproval; Appeal

Section 19 - Equitable Adjustment in Contract Price Due to Change in Contractor's Cost of Performance Resulting From Change Order

Section 20 - Submission of Costs and Pricing Data to Be Used When Negotiating Adjustments for Change Orders or Other Contract Modifications

Section 21 - General Principles Applicable to Equitable Adjustments

Section 22 - Resident Engineers

Section 23 - Acceptance of Federal Funds or Assistance

Section 24 - Office of Facilities Management; Director of Facilities Management; Inventory of Buildings

Section 25 - Control of Supervision of Projects by the Director of Facilities Management

Section 26 - Standards and Guidelines Applicable to Maintenance and Repair; Compliance Inspections; Transfer of Supervision and Control Over Maintenance and Repair Operations From State Agency or Building Authority to the Office of Facilities Managem...

Section 27 - Building Projects Performed at One or More Using Agencies and Controlled and Supervised by the Office of Facilities Management

Section 28 - Duties and Responsibilities of Director of Facilities Management

Section 29 - Utilization of Energy Efficiency, Water Conservation or Renewable Energy Technologies in New or Renovated Facilities; Life-Cycle Cost Analysis

Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems

Section 31 - Evaluation of Potential for Increasing Energy Efficiency in Buildings Owned or Leased by an Authority or State Agency

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...

Section 33 - Duties and Powers of the Commissioner Relating to the Acquisition, Control and Disposition of Real Property

Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise

Section 35 - Rental of Premises Outside of the State House or Other Buildings Owned by the Commonwealth

Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease

Section 36 - Advertisement for Submission of Proposals for the Acquisition by Purchase or Rental of Real Property for the Use of State Agencies, or for the Sale or Rental of Real Property Used by State Agencies

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 38 - Disclosure Statement Required for the Rental or Sale or Purchase of Real Property to or From a Public Agency

Section 39 - Inventory of Real Property Owned, Rented or Otherwise Occupied by Public Agencies; Publication and Distribution; Central Depository of Records

Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property

Section 41 - Unauthorized Occupancy, Expenditure for Maintenance or Use of Land, Buildings or Other State-Owned or State Occupied Facilities Prohibited; Penalties

Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space

Section 43 - Procedure Upon Notice of Site Evaluation to Determine Presence of American Indian Skeletal Remains

Section 44 - Purpose of Secs. 44 to 58 Relating to Procurement and Quality of Design Services; Definitions

Section 45 - Designer Selection Board

Section 46 - Jurisdiction of Designer Selection Board; Exemptions From Jurisdiction

Section 47 - Public Notice Requirements for Contracts for Design Services

Section 48 - Written Application and Disclosure Statement Required for Designers, Interior Designers, Programmers or Construction Managers Filing an Application for Project; Designer Evaluation Form

Section 49 - Selection of Semifinalists and Finalists; Criteria for Selection; Disqualification of Board Member From Participation in Selection of Designer or Interior Designer

Section 50 - Selection of Designer or Interior Designer From List of Chosen Finalists When Fee Set or When Fee Negotiated; Statement of Fee in Contract; Withholding of Fees

Section 51 - Use of Consultants by Applicants; Truth-in-Negotiations Certificate; Special Conditions or Requirements; Other Certifications or Provisions Required for Inclusion in Every Contract for Design Services; Professional Liability Insurance Re...

Section 52 - Appointment of Designer or Interior Designer for Continued or Extended Services

Section 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation

Section 54 - Adoption of Written Selection Procedure Prior to Award of Contract for Design Services

Section 55 - Record Keeping Requirements Applicable to Board and Agencies Not Subject to Board Jurisdiction

Section 56 - Reporting of List of All Finalists and Awards to Division of Capital Asset Management and Maintenance

Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58

Section 58 - Procurement of Architectural, Engineering and Related Services; Definitions Applicable to This Section

Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services

Section 60 - Certification That Design Work Comports With Appropriation, Authorization or Project Cost Limits and Any Study or Program

Section 61 - Certification That Construction Work Can Be Accomplished Within Appropriation or Authorization for the Project and Comports With Study or Program

Section 62 - Contingency Funds or Accounts

Section 63 - Capital Facility Planning Fund

Section 64 - Long-Range Capital Facilities Development Plans

Section 65 - Required Content of Long-Range Capital Facilities Development Plans

Section 66 - Capital Facility Budget Request; Public Notice of Proposed Long-Range Capital Facilities Development Plan and Annual Capital Facility Budget; Content and Format

Section 67 - Submission of Copies of Proposed Plans and Requests; Reporting by Secretaries of Executive Offices; Reporting by Directors of Programming, Project Management or Facilities Management

Section 68 - Review and Investigation by Commissioner in Preparation of Capital Facility Budget; Recommendations for Study or Program and Mode of Procurement; Required Statements to Be Included in Budget Request

Section 69 - Design and Construction Contingency Reserve Account

Section 70 - Emergency Repair Reserve Account

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 Gen...

Section 72 - Annual Reporting by Commissioner to Governor and General Court