Section 35A. (a) The commissioner, after consulting with the head of the leasing state agency or the court administrator, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the court administrator, insufficient funds are available within the agency’s or the court’s appropriation or allotment to maintain the lease consistent with maintaining core governmental functions.

Terms Used In Massachusetts General Laws ch. 7C sec. 35A

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) The commissioner may, on behalf of a state agency or the administrative office of the trial court, renegotiate an existing facility’s lease by that agency or office, which was procured pursuant to this chapter, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of that lease beyond the 10–year limitation in section 35; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. Before executing an extension of the lease under this section, the commissioner shall make a written determination that the renegotiated lease provisions are favorable to the commonwealth based on a cost-benefit analysis.

  Previous section
Next section  
 Chapter 7C Contents