Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 19.00 - Facilities Consolidation Fund Program
Section 19.01 - Scope, Purpose, and Applicability

(1) The Facilities Consolidation Fund (FCF) program was created by St. 1993, c. 52, § 2 (budget line item 4000-8200), as modified by St. 1993, c. 493, § 15, and further modified by St. 1993, c. 494, § 4 (Original FCF Legislation), and modified and continued by St. 2002, c. 244, §§ 15 through 19 (FCF 2 Legislation), St. 2004, c. 290, § 2E (budget line item 4000-8200) (FCF 3 Legislation), St. 2008, c. 119, § 2 (budget line item 7004-0029) and § 11 (FCF 4 Legislation), St. 2013, c. 129, § 2 (budget line item 7004-0040) and § 19 (FCF 5 Legislation), and St. 2018, c. 99, § 2 (budget line item 7000-0050) and § 30 (FCF 6 Legislation) which authorized the Department of Housing and Community Development to use certain general obligation bond funds for the creation of Community-based Housing, or if funded under the FCF 5 Legislation or FCF 6 Legislation, Community-based Housing or Supportive Housing, for Individuals with Mental Illness and Individuals with Intellectual Disabilities. The FCF program provides loans, or if funded under the FCF 4, FCF 5, or FCF 6 Legislation, loans or grants for Eligible Projects developed by one or more Nonprofit Corporations, organizations in which one or more Nonprofit Corporations have a controlling financial or managerial interest, or, if funded under the FCF 4 Legislation, FCF 5 Legislation, or FCF 6 Legislation, For-profit Organizations; provided that preference for subcontracts shall be given to Nonprofit Corporations.

(2)760 CMR 19.00 does not change the rights and obligations of an Owner of a project on which construction began before December 13, 1996. The provisions of Regulatory Agreements entered before December 13, 1996 shall remain in full force and effect according to their terms.

(3) In the event of any actual or potential inconsistency between or among the provisions of 760 CMR 19.00, the applicable FCF Legislation, the Facilities Consolidation Plan, and/or the FCF Guidelines (both as hereinafter defined), and the documents evidencing a loan or grant under the FCF program, such provisions shall be interpreted, to the extent reasonably possible, so as to reconcile any such inconsistencies. If such provisions cannot reasonably be reconciled, the provisions of the applicable FCF Legislation, the Facilities Consolidation Plan, 760 CMR 19.00, the FCF Guidelines, and such loan or grant documents, in the foregoing order of priority, shall control.