2006 Massachusetts Code - Chapter 7 — Section 40A. Jurisdiction of department over capital facility projects.

Section 40A. Except as otherwise provided in this section or by any other statute or appropriation, the division of capital asset management and maintenance shall exercise jurisdiction over capital facility projects to the extent provided below:

(1) Control and supervision of all building projects undertaken by any state agency, except to the extent provided for by sections forty B and forty-three C and that the division shall exercise oversight jurisdiction over building projects undertaken by a state agency that are financed or funded from sources other than an appropriation or the issuance of bonds, notes or other evidences of indebtedness of the commonwealth. Using agencies shall cooperate in any inquiries or inspections conducted by the division of capital asset management and maintenance.

(2) Oversight as to building projects undertaken by any building authority, except to the extent provided for by section forty B and forty-three C of chapter seven. Building authorities shall cooperate in any inquiries or inspections conducted by the division of capital asset management and maintenance to ensure conformity with all applicable standards and guidelines.

(3) For housing projects within the jurisdiction of the department of housing and community development as defined by section one of chapter one hundred and twenty-one B, the division of capital asset management and maintenance shall provide only for the establishment of minimum requirements for record keeping and reporting by the department and operating agencies, as each is defined by section one of chapter one hundred and twenty-one B, and review of and recommendation as to the standards and guidelines for, direction, control, and supervision of their building projects. The department and operating agencies shall cooperate with the division of capital asset management and maintenance, regarding inquiries and inspections conducted as to housing projects within their respective jurisdictions.

(4) For all capital facility projects of cities and towns for which specific approval or authorization by the general court or a state agency is otherwise required and for all capital facility projects of all other public agencies not included within the scope of paragraphs (1), (2), and (3), establishment of requirements for record keeping and reporting by the administering agency as to control and supervision of capital facility projects, so that the division of capital asset management and maintenance may assess the nature, scope and programs of all planned or current capital facility projects and fulfill its responsibilities as defined by this chapter and other relevant statutes. For the purposes of identifying agricultural lands, the commissioner shall utilize criteria established by the secretary of environmental affairs. Such criteria shall determine agricultural land according to past and present agricultural use, and according to the agricultural production suitability of land as defined by the standards of the United States Department of Agriculture Soil Conservation Service. For all capital facility projects or programs funded in whole or in part by federal funds, the record keeping and reporting requirements established pursuant to this paragraph and other relevant statutes may be satisfied by the federal requirements, but only to the extent that the state requirements duplicate the federal requirements or materially conflict with them. State and federal requirements shall be deemed to be materially conflicting only when it would be impossible or unduly burdensome to comply with both sets of requirements. Neither this provision nor any other provision of sections thirty-nine A through forty-three F, inclusive, of this chapter is intended or shall be construed to limit the authority of any public agency — other than those specified in paragraphs (1) and (2) of this section — to control and supervise any capital facility project undertaken by that agency.