Governor Baker Amends the MA Percent For Art Program (MPAP)
Included in Governor Baker’s approved budget on Friday was language amending the legislature’s proposed Percent For Art Program (MPAP).* “Attachment D” of Baker’s FY16 Vetoes list laid out new language for the program that amended it in several ways:
- It makes MPAP a state wide program. The final budget language sent to the Governor limited the program to the Gateway cites and to the City of Boston: “The MPAP shall provide for the creation and preservation of existing public art in the city of Boston and municipalities designated as gateway municipalities under section 3A of chapter 23A.“
- It lowers the dollar amount for the program to $100,000 from $250,000 and caps it. New language from the Governor: “not to exceed $100,000 per building, and not to exceed $1,000,000 in the aggregate in any fiscal year of the commonwealth.“
- It removes the State Arts Council, the Massachusetts Arts Council, from the process and the “14 member public art commission” language.
- It removes the requirement of having a coordinator for the program and an annual final report about the program.
To read the original MPAP budget language, see this MALC blog post: http://artistsunderthedome.org/malc/news/massachusetts-percent-for-art-program-and-the-budget-process/
Below is the full text of the Governor’s amended “Percent For Art Program” (MPAP):
ATTACHMENT D
July 17, 2015
To the Honorable Senate and House of Representatives:
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution, I am returning to you for amendment Section 28 of House Bill No. 3650, “An Act Making Appropriations for the Fiscal Year 2016 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain Permanent Improvements.”
Section 28 codifies the Massachusetts percent for art program (MPAP), to be administered by a newly-created public art commission, to help preserve existing artwork in Boston and gateway cities, and to create new artwork in connection with public construction projects. It requires that at least 0.5 per cent of the cost of any construction or substantial renovation of state-owned buildings or properties, up to a ceiling of $250,000, be dedicated to public art preservation and creation. Governor Patrick created the framework for this program in Executive Order 553.
The enacted language leaves substantial questions regarding the types of projects to which this requirement applies, and could lead to unsustainable funding requirements. It also restricts the program to Boston and to gateway cities, even though other locations may have needs that are as pressing. The enacted language also proposes an unwieldy administrative structure, which could lead to delays in decisions that need to be made for projects to proceed.
For this reason, I recommend that Section 28 be amended by striking out the text and inserting in place thereof the following text:-
SECTION 28. Chapter 7C of the General Laws is hereby amended by adding the following section:-
Section 73. (a) There shall be a Massachusetts percent for art program, or MPAP, to be administered by the executive office for administration and finance. The MPAP shall provide for the creation and preservation of public art in the commonwealth. Under this program, in connection with construction or substantial renovation of any commonwealth-owned, managed and occupied building, up to 0.5 per cent of the budgeted capital cost of the project, not to exceed $100,000 per building, and not to exceed $1,000,000 in the aggregate in any fiscal year of the commonwealth, may be expended for the creation or preservation of public art in or on the site of such building, provided that borrowing for such expenditure shall be duly authorized as a part of the applicable construction or renovation project.
(b) There shall be a public art advisory commission that shall advise the commissioner of capital asset management and maintenance with respect to the MPAP by: (i) establishing partnerships with artists, cultural institutions, arts organizations and educational institutions; (ii) consulting with local art and cultural commissions; (iii) encouraging public art and cultural activities; and (iv) promoting public access to and education with respect to art installations in public facilities. The commission may also research public-private partnerships and may coordinate with educational, arts and cultural organizations, municipalities and other organizations to provide alternate sources of funding for public art and programming for arts and cultural education.
(c) The advisory commission shall consist of the following 9 members: the commissioner of capital asset management and maintenance or a designee, who shall serve as chair; the secretary of education or a designee; and 7 persons to be appointed by the governor, 1 of whom shall be recommended by the mayor of the city of Boston; 1 of whom shall be a representative from a municipality designated as a gateway municipality under section 3A of chapter 23A, who shall be selected from individuals recommended by the chief executive officer of any such municipality; 1 of whom shall be a project designer with experience in the creation and installation of public art; 1 of whom shall be an artist or representative from a nonprofit or community organization associated with the arts; 1 of whom shall be a student at the Massachusetts College of Art and Design; and 2 persons whom the governor otherwise deems appropriate. Commission members shall serve without compensation or reimbursement for expenses. The commission shall meet at such times and places as directed by the chair.
Respectfully submitted,
*A previous MALC post incorrectly reported Baker’s approved budget made no changes to the Percent For Art Program.