▸SECTION 1
Chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
▸SECTION 73
Whereas public buildings and infrastructure are the physical manifestation of the commonwealth’s identity and connection with its citizens, and whereas the commonwealths rich diversity of cultural communities is one of its greatest assets, and whereas a statewide public art program would ensure that our citizenry’s diverse cultural heritage enhances the built environment across the state and result in increased civic participation and economic prosperity through local investment and increased tourism, therefore the commonwealth will enact An Act establishing a program for local art and community engagement.
There shall be in the executive office of housing and livable communities a commission to be known as the program for local art and community engagement commission (“the PLACE Commission”), which shall consist of 1 member to be appointed by the governor and who shall be an artist or representative from a nonprofit or community organization with experience in and/or commitment to the creation, installation, and/or administration of public art ; 1 member to be appointed by the speaker of the house of representatives and who shall be an artist or representative from a nonprofit or community organization with experience in and/or commitment to the creation, installation, and/or administration of public art; 1 member to be appointed by the senate president and who shall be an artist or representative from a nonprofit or community organization with experience in and/or commitment to the creation, installation, and/or administration of public art; the secretary of housing and livable communities or a designee; the commissioner of capital asset management and maintenance or a designee; the executive director of the massachusetts cultural council or a designee; 1 member appointed by the president of the massachusetts college of art and design; 1 member appointed by the executive director of the massachusetts association of community development corporation; and 1 member appointed by the executive director of the metropolitan area planning council. Best efforts shall be exercised to ensure that each iteration of the PLACE Commission contains representation from the Commonwealth’s different geographic regions. The PLACE Commission will be co-chaired by the Secretary of Housing and Livable Communities or a designee and the executive director of the Mass Cultural Council or a designee. The PLACE Commission shall meet once each quarter and otherwise at the discretion of the chairs.
Each appointive member shall be appointed for a term of three years, with the members initially appointed serving staggered terms. Persons appointed to fill vacancies shall serve for the unexpired term. Any member shall be eligible for reappointment, except that no appointive member shall serve for more than two consecutive terms. Members shall serve without compensation.
(a) There shall be established a fund to be known as the program for local art and community engagement fund ("the PLACE Fund"). The PLACE Fund, in addition to contributions from private sources, shall receive half-of-one-percent of the public funds allocated for the construction or renovation of any building or property owned by the Commonwealth, not to exceed $300,000 per construction or renovation project. This cap shall be adjusted on July 1st of each year by the growth rate of the inflation index over the preceding 12 months. The executive office of housing and livable communities shall serve as the PLACE Fund’s treasurer and custodian.
(b) Notwithstanding any general or special law to the contrary, the PLACE Commission shall enter into a contract with the Massachusetts cultural council or another qualified organization for the administrative operation of the PLACE Commission, which includes serving as the secretary during PLACE Commission meetings, and perform such other tasks as determined by the PLACE Commission. The Massachusetts cultural council shall appoint, with the PLACE Commission’s approval, such additional employees as may be required in the performance of the PLACE Commission’s duties. All salaries of appointed Massachusetts cultural council appointed employees shall be drawn from the PLACE Fund. The Commission may enter into a contract with another qualified organization to manage some or all of Commission administration only if the Massachusetts Cultural Council fails to adequately perform its duties under a duly executed contract, ceases to exist, or for just cause. If the Commission enters into a contract with another qualified organization, the Commission shall submit, in writing, the reasons for the termination of its contract with the Massachusetts cultural council to the chairs of the joint committee on economic development and emerging technologies and the chairs of the joint committee on tourism, arts and cultural development. A contract executed pursuant to this section shall address, but shall not be limited to: proposed rules and guidelines for the fund, providing technical assistance to potential applicants, reviewing and evaluating applications and providing findings and recommendations to the Commission as to which grant applications should be approved and awarded and which should be denied. The Commission shall establish rules relative to the Fund, with the advice of the committee. Copies of the rules, and any modifications or amendments thereto, shall be delivered to the clerk of the house of representatives, the clerk of the senate, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies and the chairs of the joint committee on tourism, arts, and cultural development.
(c) The PLACE Commission, assisted by Massachusetts cultural council and its designated staff, shall administer the PLACE Fund with the purpose of providing financial support for the selection, design, creation, acquisition, installation, maintenance, conservation, and/or promotion of public art in the Commonwealth. Such administration shall include: (i) establishing and executing processes for the application, approval, acquisition, and installation of public art projects seeking funds; (ii) working with state agencies to assure compliance with this section; (iii) working with public and private stakeholders to identify artists, projects, and installation sites; (iv) ensuring the relevance and acceptance of public art by convening a local advisory group for each new public art project that includes relevant local site users and community stakeholders; (v) developing access to and education of public art; and (vi) cataloguing and maintaining public art.
(d) In furtherance of the PLACE Commission’s purpose of growing the creative and general economy throughout Massachusetts, (i) all public art acquired using the PLACE Fund shall be owned by the Commonwealth; (ii) best efforts shall be exercised to ensure PLACE Commission projects are distributed across the Commonwealth’s different geographic regions; and (iii) best efforts shall be exercised by the the PLACE Commission to support artists from Massachusetts.
(e) Annually, on September 1 of each year, the PLACE Commission shall provide a report describing the implementation of the PLACE Fund and awarded funds to the secretary of administration and finance, the house committee on ways and means, the senate committee on ways and means, the joint committee on tourism, arts and cultural development, the clerk's office for the house of representatives, and the clerk's office for the senate.
(f) The PLACE Commission shall be established no later than December 1, 2026.Show raw text
SECTION 1. Chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 73. Whereas public buildings and infrastructure are the physical manifestation of the commonwealth’s identity and connection with its citizens, and whereas the commonwealths rich diversity of cultural communities is one of its greatest assets, and whereas a statewide public art program would ensure that our citizenry’s diverse cultural heritage enhances the built environment across the state and result in increased civic participation and economic prosperity through local investment and increased tourism, therefore the commonwealth will enact An Act establishing a program for local art and community engagement.
There shall be in the executive office of housing and livable communities a commission to be known as the program for local art and community engagement commission (“the PLACE Commission”), which shall consist of 1 member to be appointed by the governor and who shall be an artist or representative from a nonprofit or community organization with experience in and/or commitment to the creation, installation, and/or administration of public art ; 1 member to be appointed by the speaker of the house of representatives and who shall be an artist or representative from a nonprofit or community organization with experience in and/or commitment to the creation, installation, and/or administration of public art; 1 member to be appointed by the senate president and who shall be an artist or representative from a nonprofit or community organization with experience in and/or commitment to the creation, installation, and/or administration of public art; the secretary of housing and livable communities or a designee; the commissioner of capital asset management and maintenance or a designee; the executive director of the massachusetts cultural council or a designee; 1 member appointed by the president of the massachusetts college of art and design; 1 member appointed by the executive director of the massachusetts association of community development corporation; and 1 member appointed by the executive director of the metropolitan area planning council. Best efforts shall be exercised to ensure that each iteration of the PLACE Commission contains representation from the Commonwealth’s different geographic regions. The PLACE Commission will be co-chaired by the Secretary of Housing and Livable Communities or a designee and the executive director of the Mass Cultural Council or a designee. The PLACE Commission shall meet once each quarter and otherwise at the discretion of the chairs.
Each appointive member shall be appointed for a term of three years, with the members initially appointed serving staggered terms. Persons appointed to fill vacancies shall serve for the unexpired term. Any member shall be eligible for reappointment, except that no appointive member shall serve for more than two consecutive terms. Members shall serve without compensation.
(a) There shall be established a fund to be known as the program for local art and community engagement fund ("the PLACE Fund"). The PLACE Fund, in addition to contributions from private sources, shall receive half-of-one-percent of the public funds allocated for the construction or renovation of any building or property owned by the Commonwealth, not to exceed $300,000 per construction or renovation project. This cap shall be adjusted on July 1st of each year by the growth rate of the inflation index over the preceding 12 months. The executive office of housing and livable communities shall serve as the PLACE Fund’s treasurer and custodian.
(b) Notwithstanding any general or special law to the contrary, the PLACE Commission shall enter into a contract with the Massachusetts cultural council or another qualified organization for the administrative operation of the PLACE Commission, which includes serving as the secretary during PLACE Commission meetings, and perform such other tasks as determined by the PLACE Commission. The Massachusetts cultural council shall appoint, with the PLACE Commission’s approval, such additional employees as may be required in the performance of the PLACE Commission’s duties. All salaries of appointed Massachusetts cultural council appointed employees shall be drawn from the PLACE Fund. The Commission may enter into a contract with another qualified organization to manage some or all of Commission administration only if the Massachusetts Cultural Council fails to adequately perform its duties under a duly executed contract, ceases to exist, or for just cause. If the Commission enters into a contract with another qualified organization, the Commission shall submit, in writing, the reasons for the termination of its contract with the Massachusetts cultural council to the chairs of the joint committee on economic development and emerging technologies and the chairs of the joint committee on tourism, arts and cultural development. A contract executed pursuant to this section shall address, but shall not be limited to: proposed rules and guidelines for the fund, providing technical assistance to potential applicants, reviewing and evaluating applications and providing findings and recommendations to the Commission as to which grant applications should be approved and awarded and which should be denied. The Commission shall establish rules relative to the Fund, with the advice of the committee. Copies of the rules, and any modifications or amendments thereto, shall be delivered to the clerk of the house of representatives, the clerk of the senate, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies and the chairs of the joint committee on tourism, arts, and cultural development.
(c) The PLACE Commission, assisted by Massachusetts cultural council and its designated staff, shall administer the PLACE Fund with the purpose of providing financial support for the selection, design, creation, acquisition, installation, maintenance, conservation, and/or promotion of public art in the Commonwealth. Such administration shall include: (i) establishing and executing processes for the application, approval, acquisition, and installation of public art projects seeking funds; (ii) working with state agencies to assure compliance with this section; (iii) working with public and private stakeholders to identify artists, projects, and installation sites; (iv) ensuring the relevance and acceptance of public art by convening a local advisory group for each new public art project that includes relevant local site users and community stakeholders; (v) developing access to and education of public art; and (vi) cataloguing and maintaining public art.
(d) In furtherance of the PLACE Commission’s purpose of growing the creative and general economy throughout Massachusetts, (i) all public art acquired using the PLACE Fund shall be owned by the Commonwealth; (ii) best efforts shall be exercised to ensure PLACE Commission projects are distributed across the Commonwealth’s different geographic regions; and (iii) best efforts shall be exercised by the the PLACE Commission to support artists from Massachusetts.
(e) Annually, on September 1 of each year, the PLACE Commission shall provide a report describing the implementation of the PLACE Fund and awarded funds to the secretary of administration and finance, the house committee on ways and means, the senate committee on ways and means, the joint committee on tourism, arts and cultural development, the clerk's office for the house of representatives, and the clerk's office for the senate.
(f) The PLACE Commission shall be established no later than December 1, 2026.