Section 2.03 - General Requirements(1) To achieve the effective planning, management and financial sustainability of a program to partially fund the construction, renovation, addition or repair of municipally or regionally owned school facilities located in cities, towns and regional school districts, the Authority hereby sets forth the minimum requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for, and awarding of, Authority school building grants. Any project must meet the criteria set forth for projects pursuant to M.G.L. c. 70B including, but not necessarily limited to, M.G.L. c. 70B, §§ 6(a)(1) through (6), (8) and 9(a).(2) A Proposed Project for which the estimated total budget is less than $250,000, as determined by the Authority, shall not be eligible for approval by the Authority as an Approved Project and the Authority shall have no obligation to provide a review of a Statement of Interest or any Application materials for said Proposed Project, and any Application materials submitted by the Eligible Applicant shall not warrant further consideration.(3) For any proposed project for which a Total Facilities Grant is requested from the Authority, the Eligible Applicant shall certify that the following requirements have been or will be met. Such certifications shall be in a format and manner that is acceptable to the Authority.(a) The Eligible Applicant shall certify to the Authority that the Authority's interests in partially funding a municipally or regionally owned public school construction project will be safeguarded.(b) Any project for the construction of a new school facility, or for the addition to or renovation of an existing school facility for which an Eligible Applicant is seeking partial funding from the Authority shall have an anticipated useful life of at least 50 years as a public school in the Eligible Applicant's school district.(c) The Eligible Applicant has submitted all Audit Materials that have been requested by the Authority or are otherwise due to the Authority, has a signed Project Funding Agreement for any other Assisted Facility or Approved Project as requested by the Authority, that the Eligible Applicant is current on any payments which it may owe to the Authority and that the Eligible Applicant has submitted all documentation or information required or requested by the Authority.(d) The Eligible Applicant shall be current on any payments which it may owe to the Authority.(e) The Eligible Applicant shall have submitted all documentation or information required or requested by the Authority.(f) The Eligible Applicant shall not submit a Statement of Interest or an Application that is a result of lack of maintenance or negligence caused by the Eligible Applicant.(g) All projects shall be designed to minimize vandalism, and materials and furnishings shall be selected to minimize vandalism.(h) All projects shall provide for equality of educational opportunity without discrimination on account of sex, race, color, religion, gender identity, sexual orientation or national origin, and shall meet the requirements of M.G.L. c. 76, § 5 and 603 CMR 26.00.(i) All projects shall comply with all applicable provisions of federal, state, and local law relative to the accessibility of programs and facilities to persons with disabilities.(j) All projects shall have undergone review, in accordance with applicable state law and regulations, to the extent applicable to the project, by the Massachusetts Historical Commission, the Executive Office of Energy and Environmental Affairs, and any other department or agency of the Commonwealth required by law to review such projects. The Eligible Applicant shall provide to the Authority written documentation of the reviews conducted herein in such detail and in such format as the Authority shall require.(k) All projects shall have undergone review, in accordance with applicable federal, state and local or district charters, by-laws, ordinances or regulations, including but not limited to conservation, fire prevention, water, sewer or building code requirements. The Eligible Applicant shall provide to the Authority documentation of the reviews conducted herein in such detail and in such format as the Authority may require.(l) All Eligible Applicants shall demonstrate that they have identified any collaborative programs in the school district not currently housed in public school facilities, and have reviewed any such programs to determine if students in such programs can be better served by the project.(m) All Eligible Applicants shall acknowledge and assume responsibility for the administration and success of an Approved Project. 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 Approved Project.(n) All Eligible Applicants shall certify that 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 and St. 2004, c. 208, 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 insure that the purposes set forth I n M.G.L. c. 70B and 963 CMR 2.00 are fully executed.(o) All Eligible Applicants shall submit documentation supporting the anticipated impact on operating costs of implementing the project in such detail and format as required by the Authority, including but not limited to, an estimate of the costs of additional maintenance spending required of the Eligible Applicant, the costs of additional instructional or support staff spending, additional utility costs, the costs of additional transportation, if any, and the estimated revenue, if any, from the sale or lease of any school facility decommissioned as a result of implementing the project.(p) All Eligible Applicants shall use the standard forms, standard format for local votes or approvals, standard contracts, standard clauses for contracts, and any other standard forms, contracts or other language as developed by the Authority.(q) The Eligible Applicant shall certify to the Authority, in a format and manner prescribed by the Authority, that the Eligible Applicant, or his designee who will be in charge of procurement for a project as approved by the Authority, is designated as a Massachusetts Certified Public Purchasing Official in the Massachusetts Certified Public Purchasing Official Program as administered by the Inspector General of the Commonwealth of Massachusetts ("MCPPO Designation"). In order to maintain the MCPPO Designation, an individual who has attained an MCPPO Designation shall be required to earn continuing education credits, attend seminars administered by the Office of the Inspector General, and apply for MCPPO Designation Renewal during the three year period following the designation date and every three years thereafter.(r) All Eligible Applicants shall ensure that procurements and contracts shall be procured using applicable state procurement and public contract laws.(s) All Eligible Applicants shall ensure that any parties procured and contracted by them to perform work on an Approved Project are in compliance with M.G.L. c. 268A, whenever applicable.(t) All Eligible Applicants within the Core Program shall review the Authority's Collaborative Purchasing Program to assess whether this Program is beneficial to the District.(u) All Eligible Applicants within the Core Program shall review the Model School Program and investigate whether a Model School should be studied during Feasibility Study. (v) The Authority may require that the Eligible Applicant make additional certifications related to a proposed project. Such certifications shall be provided in a format and manner that is acceptable to the Authority.(4)Foundation Budget Requirements.(a) Pursuant to M.G.L. c. 70B, § 8, the Authority shall not approve any Proposed Project for any school district that fails to spend in the year preceding the year of application at least 50% of the sum of said school district's calculated foundation budget amounts for the purposes of foundation utility and ordinary maintenance expenses, and extraordinary maintenance allotment as defined in M.G.L. c. 70, for said purposes. From Fiscal Year 1999 forward, no school district shall be given approval for a Proposed Project nor receive school facilities funds unless said district has spent at least 50% of the sum of said district's calculated foundation budget amounts in each of the Fiscal Years including and succeeding Fiscal Year 1999.(b) If an otherwise Eligible Applicant fails to maintain compliance with the building maintenance requirements of M.G.L. c. 70, 963 CMR 2.00, or any guidelines, policies or procedures established by the Authority, said Eligible Applicant shall be prohibited from receiving a Total Facilities Grant, or any portion thereof, for at least one year and shall be subject to a review by the Authority to determine, that after said prohibition, said Eligible Applicant has complied with said requirements.(5)Program Integrity.(a) Where the Authority determines that false or intentionally misleading information or documentation was submitted to the Authority by an Eligible Applicant, its agents, a city, town, regional school district, or independent agricultural and technical school in support of any effort to influence any action by the Authority, or an Eligible Applicant, its agents, a city, town, regional school district, or independent agricultural and technical school does any other act affecting the integrity of the Program, the Authority may permanently revoke any and all payments due to a city, town, regional school district, or independent agricultural and technical school with a vote of the Board.(b) The Authority may also take steps to recover any previous payments made to a city, town, regional school district, or independent agricultural and technical school and/or said city, town, regional school district, or independent agricultural and technical school shall be prohibited from receiving a Total Facilities Grant for a period of time to be determined by the Authority. The Eligible Applicant may be given an opportunity to address the Authority to remedy any or all determinations of such false or intentionally misleading information.(6)Waivers. The authority may, at its sole discretion and upon written application in a format prescribed by the Authority and with the written recommendation of the Executive Director to the Board, grant a prospective or retroactive waiver of any of the requirements of 963 CMR 2.00, subject to any conditions the Board may see fit to impose. The grant of any such waiver shall not entitle the same or any other applicant to the same or similar waiver relief.(7)Closed Schools. (a) A school district shall notify the Authority in writing, in a format prescribed by the Authority, six months prior to the sale, lease or removal from service as a public school building of any school facility, or portion thereof, in said district. The school district may be required to submit:1. a plan for accommodating any displaced school programs and services;2. a plan for accommodating district students within the remaining school buildings, as a result of the sale, lease or removal from service of said school facility;3. a long-range plan for accommodating district students based on the Authority's Enrollment Projections;4. any future plans for the sale or lease of property under control of the school district;5. any future plans for the construction, renovation, addition or lease of school facilities in the school district; or6. other information required by the Authority.(b) If the Authority determines that said facility that will be sold, leased or removed from service is an Assisted Facility or was an Assisted Facility that has received a payment from the Authority or the Commonwealth, but has not met the 50-year service requirement, the Authority may recapture a portion of the financial assistance that said Assisted Facility has received. In its sole discretion, the Authority may apply a 20-year service requirement to Accelerated Repair Program projects or other projects.(c) A final Audit of the Assisted Facility must be completed to determine the final cost of the project.(d) The sale, lease or removal from service of the Assisted Facility, or portion of that facility, shall be for no less than fair market value as determined by independent appraisal as agreed to by the Authority, unless the school district receives prior written approval from the Authority to do otherwise, and the proceeds from the sale or lease, or the determined fair market value for a facility removed from service, shall be divided between the Authority and the general funds of the applicable school district in proportion to the Commonwealth's and/or Authority's prior investments in the Assisted Facility.(e) If a school district were to apply to the Authority for a grant, after having sold, leased or removed from service a school facility, said district may be eligible for a grant only if the Authority determines that the grant is not for the purpose of replacing a school facility sold, leased, or removed from service in the past ten years or that the need for the grant could not have been reasonably anticipated at the time of the sale, lease, or removal from service.(f) The Authority may issue additional guidelines to recapture Commonwealth and/or Authority assistance for Assisted Facilities that are sold, leased or removed from service.Amended by Mass Register Issue 1521, eff. 5/10/2024.