E19 Massachusetts School Building Authority (MSBA)
Office of the State Treasurer
40 Broad Street, Suite 500
Boston, MA 02109
Chapter 208 of the Acts of 2004, amending MGL Chapter 70B, transferred responsibility for the School Building Assistance Program from the Department of Education to the Massachusetts School Building Authority. It is a new and independent governing body comprised of seven members of which the State Treasurer serves as Chairman. During this period of transition, the Treasurer's office will work closely with personnel from the Department of Education. Until the Authority votes otherwise, the MSBA will maintain the policies of the DOE to the extent that it is consistent with this new legislation, which is to provide partial reimbursement to cities and towns for the cost of constructing school buildings. Chapter 208 imposes a moratorium on the approval of new school construction projects by the MSBA until July 1, 2007. Any new project undertaken between now and July 1, 2007 that is not already on the Priority List, has no entitlement for reimbursement from MSBA. Communities may submit these projects for reimbursement after July 1, 2007. Communities proceeding with construction during this period must consider the possibility that the MSBA may disapprove reimbursement of the project. Also, the Legislature enacted Chapter 193 of the Acts of 2004, which amends MGL Chapter 149, reforming public construction. Many of the provisions of this law became effective immediately, And MSBA projects are affected since they receive state assistance. As a grantor, the MSBA will review a project's compliance with Chapter 193. Building committees should consult with their local attorneys, with the Division of Capital Asset Management, or the Office of the Inspector General.