Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3545 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 4
2	2	HOUSE DOCKET, NO. 4222 FILED ON: 3/17/2023
3	3	HOUSE . . . . . . . . . . . . . No. 3545
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	OFFICE OF THE GOVERNOR
7	7	COMMONWEALTH OF MASSACHUSETTS
8	8	STATE HOUSE, MA
9	9	MAURA T. HEALEY
10	10	GOVERNOR
11	11	KIMBERLY DRISCOLL
12	12	LIEUTENANT GOVERNOR
13	13	March 17, 2023
14	14	To the Honorable Senate and House of Representatives,
15	15	I am filing for your consideration a bill entitled “An Act Making Appropriations for
16	16	Fiscal Year 2023 to Provide for Supplementing Certain Existing Appropriations and for Certain
17	17	Other Activities and Projects.”
18	18	This legislation prepares the Commonwealth for the end of the COVID-19 public health
19	19	emergency on May 11 and proposes to use a mix of General Fund and one-time resources to
20	20	supplement funding for core programs and services, provide transitional funding for COVID-era
21	21	workforce and public health programs and make other one-time investments.
22	22	The $734 million in new appropriations recommended in this bill represent investments
23	23	that build upon and align with the spending proposals and goals outlined earlier this month in my
24	24	House 1 budget recommendation for Fiscal Year 2024, as well as previously filed funding
25	25	requests.
26	26	Enhancing our commitment to keep Massachusetts on the cutting edge of clean
27	27	technology and decarbonization and to forge new partnerships with public higher education
28	28	institutions and trades to grow the clean energy industry, we are requesting an additional $35
29	29	million for the Massachusetts Clean Energy Center. This investment would build upon our
30	30	House 1 recommendation and realize the tripling of the MassCEC operating budget, consistent
31	31	with the goal outlined in our Fiscal Year 2024 budget recommendation. An outside section
32	32	included within would also authorize the Massachusetts Clean Energy Center to establish the 2 of 4
33	33	Salem Offshore Wind Terminal and authorize the Salem Port Authority to acquire port land
34	34	needed for the project.
35	35	This bill also recommends $200 million for a Critical Health and Human Services and
36	36	Workforce Reserve to cover projected deficiencies in Fiscal Year 2023 and expenses in early
37	37	Fiscal Year 2024 for the continuation of COVID-19 response and mitigation efforts, including
38	38	temporary staffing relied upon to respond to health crises in our nursing homes, group care
39	39	settings, state hospitals, and Soldiers’ Homes.
40	40	This workforce funding is necessary to ensure that we continue to have adequate health
41	41	professionals, including licensed practical nurses (LPNs) and certified nursing assistants (CNAs),
42	42	to meet the needs of vulnerable residents under state care while we transition beyond the
43	43	COVID-19 public health emergency.
44	44	A safe, efficient, and reliable MBTA is also essential to our economy and our future as a
45	45	Commonwealth as we work to retain and grow jobs and allow our businesses to thrive and
46	46	compete. Meeting the workforce needs of the MBTA is a critical part of delivering on that goal.
47	47	While our Fiscal Year 2024 budget supports an expanded MBTA workforce, this supplemental
48	48	budget would dedicate new resources to enable to the MBTA to better recruit and retain
49	49	employees to meet its needs. This includes money that could be used for incentives such as
50	50	hiring and retention bonuses, increased pay for bus operators, and a robust marketing campaign.
51	51	Other key investments include:
52	52	$75 million for Chapter 766 rate relief to assist school districts in managing
53	53	extraordinary increases in tuition prices for approved special education placement
54	54	programs. This funding would build upon relief already proposed in House 1 and be
55	55	targeted to communities most affected by unanticipated costs.
56	56	$60 million to support caseworkers and staff at the Department of Transitional
57	57	Assistance
58	58	$20 million for a bridge to stabilize critical victim service programs throughout the
59	59	Commonwealth and ensure continued access to trauma-informed services considering
60	60	decreased federal funding through the Victims of Crime Act
61	61	$10 million to double the Cultural Facilities Fund for the Massachusetts Cultural
62	62	Council
63	63	$5 million for the Martin Richard Field House
64	64	$3.5 million to support the redetermination process at MassHealth
65	65	$2 million to support a celebration of the 250th anniversary of the American
66	66	Revolution
67	67	$100 million supplemental transfer to the pension fund 3 of 4
68	68	We are also proposing in this supplemental budget $10 million to create a new LPN
69	69	career ladder program. This revolving fund would support nursing facilities and home- and
70	70	community-based services providers in retaining direct care staff and upskilling them to LPNs by
71	71	funding no-interest loans and grants to support the cost of attending an LPN certification
72	72	program, as well as living expenses while attending.
73	73	Additionally, several outside sections would make recommended adjustments to
74	74	municipal finance laws and governance. These changes will, among other things, give
75	75	municipalities more flexibility in how they spend anticipated opioid settlement money – making
76	76	it easier for cities and towns to quickly use these resources to help address this public health
77	77	crisis. They will also simplify accounting and fiscal rules regarding revolving funds, insurance
78	78	proceeds and mitigation agreements.
79	79	A separate section would provide for raises for sheriffs, bringing annual salaries in line
80	80	with those of district attorneys at $191,000, with the exception of the smaller departments in
81	81	Dukes and Nantucket Counties where sheriffs would receive commensurate increases.
82	82	The lieutenant governor and I are grateful to see both the House and Senate advance
83	83	additional funding to ensure that all K-12 students in Massachusetts continue to qualify for free
84	84	school meals this academic year. This policy has been vital to the success of our students and
85	85	reducing stigma around poverty. This legislation requests an additional $171 million to extend
86	86	the state-funded universal free school meals pilot program for another full year under its current
87	87	design and directs the Executive Office of Education to report by January 15, 2024 on options to
88	88	reform, modify or extend this program in a way that promotes equity, maximizes federal revenue
89	89	and improves predictability and sustainability of funding into the future.
90	90	Our administration is also excited by and supports the inclusion of funding in legislation
91	91	being considered now by both the House and Senate to continue Commonwealth Cares for
92	92	Children (C3) stabilization grants for child care providers through the remainder of Fiscal Year
93	93	2023, as well as money for the 114th NAACP National Convention and to restore a public
94	94	awareness campaign focused on the dangers of crisis pregnancy centers and pregnancy resource
95	95	centers, which seek to divert pregnant women away from the right types of care.
96	96	Finally, it has been just over three years since the novel coronavirus known as SARS-
97	97	CoV-2 (“COVID-19”) caused outbreaks of COVID-19 that quickly spread globally. In response
98	98	to the global pandemic, Governor Charlie Baker declared a public health emergency on March
99	99	10, 2020, and a modified public health emergency on May 28, 2021, both pursuant Section 2A of
100	100	Chapter 17 of the General Laws. Consistent with Governor Baker’s declarations, the
101	101	Commissioner of the Department of Public Health issued over fifty Public Health Orders which
102	102	successfully limited the spread of COVID-19, maximized capacity and flexibility in the
103	103	Commonwealth’s health care system, and facilitated statewide testing, treatment, and vaccination
104	104	programs to combat the virus. These measures proved their value by preventing countless 4 of 4
105	105	infections, hospitalizations, and deaths from COVID-19. Many of these measures have been
106	106	extended permanently through regulatory or statutory changes, while others were rescinded or
107	107	allowed to expire in line with the evolving course of the pandemic.
108	108	COVID-19 remains a very serious threat, especially to our most vulnerable populations,
109	109	and the virus must remain a public health priority in the Commonwealth. At the same time, the
110	110	widespread adoption of safe and effective vaccines and boosters, historic state and federal
111	111	investments in efforts to mitigate the impacts of the virus, ready access to testing, therapeutic
112	112	advances in treatment, and prior infections and related immune responses have all contributed to
113	113	making COVID-19 a more manageable illness than it once was. In consideration of these
114	114	advances, I have declared that the public health emergency will end on May 11, 2023.
115	115	Of the over fifty Public Health Orders issued by the Commissioner of the Department of
116	116	Public Health as part of the public health emergency, six remain in effect today. When the
117	117	public health emergency ends on May 11, 2023, these six remaining Public Health Orders will
118	118	end as well. After study of these remaining Public Health Orders, we are proposing a new law
119	119	that will extend three of these Public Health Orders beyond the end of the public emergency, one
120	120	permanently and two temporarily. The legislation would: (1) permanently extend staffing
121	121	flexibilities for advanced life support ambulances; (2) temporarily extend staffing flexibilities for
122	122	freestanding dialysis providers; and (3) temporarily extend flexibilities for the administration of
123	123	prescription medications to clients of state agencies who reside in community settings.
124	124	The legislation and funding we propose today is critically important, and to avoid
125	125	disruptions to our healthcare system, several provisions must be passed by May 11, 2023 when
126	126	the public health emergency will end. Sufficient revenues are available to finance the
127	127	appropriations and other proposed measures, and I urge you to consider and enact this legislation
128	128	promptly.
129	129	Respectfully submitted,
130	130	Maura T. Healey,
131	131	Governor 1 of 21
132	132	HOUSE . . . . . . . . . . . . . . . No. 3545
133	133	The Commonwealth of Massachusetts
134	134	_______________
135	135	In the One Hundred and Ninety-Third General Court
136	136	(2023-2024)
137	137	_______________
138	138	An Act making appropriations for the fiscal year 2023 to provide for supplementing certain
139	139	existing appropriations and for certain other activities and projects.
140	140	Whereas, The deferred operation of this act would tend to defeat its purposes, which are
141	141	forthwith to make supplemental appropriations for fiscal year 2023 and to make certain changes
142	142	in law, each of which is immediately necessary to carry out those appropriations or to
143	143	accomplish other important public purposes, therefore it is hereby declared to be an emergency
144	144	law, necessary for the immediate preservation of the public convenience.
145	145	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
146	146	of the same, as follows:
147	147	1 SECTION 1. To provide for supplementing certain items in the general appropriation act
148	148	2and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby
149	149	3appropriated from the General Fund unless specifically designated otherwise in this act or in
150	150	4those appropriation acts, for the several purposes and subject to the conditions specified in this
151	151	5act or in those appropriation acts, and subject to the laws regulating the disbursement of public
152	152	6funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts
153	153	7previously appropriated and made available for the purposes of those items. These sums shall be
154	154	8made available through the fiscal year ending June 30, 2024.
155	155	9 SECTION 2.
156	156	10 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 2 of 21
157	157	11 Reserves
158	158	12 1599-0793Critical HHS and Workforce Reserve ……………...............$200,000,000
159	159	13 1599-1210Peace Officer Standards and Training Commission Reserve.....$1,941,576
160	160	14 1599-4448Collective Bargaining Contract Costs …………….….......…....$4,228,650
161	161	15 1599-6063Local Community Development Projects …….....….…….…...$5,000,000
162	162	16 1599-6073VOCA Bridge ….…............……………........……................ $20,000,000
163	163	17 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
164	164	18 Office of the Secretary of Health and Human Services
165	165	19 4000-0300EOHHS and Medicaid Administration ……………................. $3,500,000
166	166	20 EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
167	167	21 Department of Housing and Community Development
168	168	22 7004-9316Residential Assistance for Families in Transition .......….......$15,692,986
169	169	23 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
170	170	24provide for an alteration of purpose for current appropriations, and to meet certain requirements
171	171	25of law, the sums set forth in this section are hereby appropriated from the Transitional Escrow
172	172	26Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of
173	173	27chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the
174	174	28several purposes and subject to the conditions specified in this section, and subject to the laws
175	175	29regulating the disbursement of public funds for the fiscal year ending June 30, 2023. Except as 3 of 21
176	176	30otherwise stated, these sums shall be made available through the fiscal year ending June 30,
177	177	312024.
178	178	32 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
179	179	33 Reserves
180	180	34 1599-0012For a reserve to support reimbursements for extraordinary relief to school
181	181	35districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012;
182	182	36provided, that funds shall be made available for reimbursements in fiscal year 2024 to school
183	183	37districts that experience increases to instructional costs reimbursable under said section 5A and
184	184	38incurred during fiscal year 2024 that exceed 25 per cent of such instructional costs incurred
185	185	39during fiscal year 2023; provided further, that funds shall also be made available to reimburse
186	186	40districts in fiscal year 2024 for 100 per cent of any such instructional cost increases exceeding 10
187	187	41per cent where the total of such increase also exceeds 0.5 per cent of total actual net school
188	188	42spending in fiscal year 2023; and provided further, that the funds appropriated in this item shall
189	189	43not revert but shall be made available through June 30, 2025, and may be transferred to item
190	190	447061-0012 and expended subject to the conditions specified in said item in the general
191	191	45appropriations act for that year ………………………………......…………… $75,000,000
192	192	46 1599-0640For the Massachusetts cultural council to supplement grants from the
193	193	47Massachusetts Cultural Facilities Fund established in section 42 of chapter 23G of the General
194	194	48Laws; provided, that grants shall promote access to the arts and cultural life in a geographically
195	195	49equitable manner, particularly among rural communities; provided further, that the amount
196	196	50appropriated in this item may not be expended for administrative purposes; and provided further, 4 of 21
197	197	51that the funds appropriated in this item shall be made available through the fiscal year ending
198	198	52June 30, 2025 ……………………………………………………………………… $10,000,000
199	199	53 1599-1101 For a reserve for the payroll of the department of transitional assistance’s
200	200	54caseworkers and other necessary staff to serve applicants and clients of the supplemental
201	201	55nutrition assistance, transitional aid to families with dependent children, and emergency aid to
202	202	56the elderly, disabled and children programs; provided, that funds may be transferred to items
203	203	574400-1000 and 4400-1100; and provided further, that the funds appropriated in this item shall be
204	204	58made available through the fiscal year ending June 30, 2025 ……………...….…… $60,300,000
205	205	59 1599-1972For a reserve for the Massachusetts Bay Transportation Authority to
206	206	60expand its hiring and training capacity ………………………………......…… $20,000,000
207	207	61 EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
208	208	62 Massachusetts Marketing Partnership
209	209	63 7008-0250For the office of travel and tourism for the costs of planning and
210	210	64celebrating the commonwealth’s 250th anniversary of the American Revolution ……...................
211	211	65$2,000,000
212	212	66 EXECUTIVE OFFICE OF EDUCATION
213	213	67 Department of Elementary and Secondary Education
214	214	68 7053-1935For a pilot program to reimburse school districts for the costs of providing
215	215	69universal free school meals; provided, that districts receiving funds under this item shall not
216	216	70implement a meal charge for students; provided further, that participating districts that are
217	217	71eligible for reimbursement under the Community Eligibility Provision of the National School 5 of 21
218	218	72Lunch Program shall adopt said provision; and provided further, that not later than January 15,
219	219	732024, the executive office of education shall submit a report to the house and senate committees
220	220	74on ways and means and the executive office for administration and finance that shall include: (i)
221	221	75data on change in utilization of school lunch services in districts receiving funding under this
222	222	76item, delineated by free, reduced and full-pay students as defined by the National School Lunch
223	223	77Program; (ii) the distribution of funding paid through this item and, for the purpose of universal
224	224	78free school meals in fiscal year 2023, item 7053-1925 delineated by school district; and (iii)
225	225	79options to reform, modify or extend this pilot program in a manner that promotes equity,
226	226	80maximizes federal revenue and improves predictability and sustainability of
227	227	81funding……………………….……………………………...........…………………$171,202,489
228	228	82 SECTION 2E. The sums set forth in this section are hereby appropriated for transfer
229	229	83from the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as
230	230	84amended by section 4 of chapter 98 of the acts of 2022, to the trust funds named within each item
231	231	85unless specifically designated otherwise in this section, for the purposes and subject to the
232	232	86conditions specified in this section and subject to the laws regulating the disbursement of public
233	233	87funds for the fiscal year ending June 30, 2023. Notwithstanding section 19A of chapter 29 of the
234	234	88General Laws, any transfer under this section shall be made by the comptroller in accordance
235	235	89with a transfer schedule to be developed for each item by the comptroller after consulting with
236	236	90the appropriate agency secretary, the secretary of administration and finance and the state
237	237	91treasurer.
238	238	92 OFFICE OF THE COMPTROLLER
239	239	93 Office of the Comptroller 6 of 21
240	240	94 1595-4514For an operating transfer to the Pension Liability Fund, established in
241	241	95subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws; provided, that
242	242	96funds may be transferred from the General Fund or said Transitional Escrow Fund; provided
243	243	97further, that not later than August 15, 2023, the secretary of administration and finance shall
244	244	98report to the comptroller and house and senate committees on ways and means the amount to be
245	245	99transferred from each fund ……………………………………………….......... $100,000,000
246	246	100 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
247	247	101 Office of the Secretary of Health and Human Services
248	248	102 1595-1080For an operating transfer to the Advancing Careers Fund, established in
249	249	103section 35TTT of chapter 10 of the General Laws as added by section 4 of this
250	250	104act………………………………………………………………………………… $10,000,000
251	251	105 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
252	252	106 Office of the Secretary of Energy and Environmental Affairs
253	253	107 1595-6232For an operating transfer to the Clean Energy Investment Fund,
254	254	108established in section 15 of chapter 23J of the General Laws …………………… $35,000,000
255	255	109 SECTION 2C.I. For the purpose of making available in fiscal year 2024 balances of
256	256	110appropriations which otherwise would revert on June 30, 2023, the unexpended balances of the
257	257	111appropriations listed below, not to exceed the amount specified below for each item, are hereby
258	258	112re-appropriated for the purposes of and subject to the conditions stated for the corresponding
259	259	113item in section 2 of chapter 126 of the acts of 2022. However, for items which do not appear in
260	260	114section 2 of the general appropriation act, the amounts in this section are re-appropriated for the 7 of 21
261	261	115purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of
262	262	116this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund
263	263	117or funds designated for the corresponding item in section 2 of said chapter 126; provided,
264	264	118however, that for items which do not appear in section 2 of said chapter 126, the amounts in this
265	265	119section are re-appropriated from the fund or funds designated for the corresponding item in
266	266	120section 2 through 2E of this act or in prior appropriation acts. The sums reappropriated in this
267	267	121section shall be in addition to any amounts available for said purposes.
268	268	122 POLICE REFORM COMMISSION
269	269	123 Massachusetts Peace Officer Standards and Training Commission
270	270	124 0800-0000Peace Officer Standards and Training Commission …………$1,500,000
271	271	125 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
272	272	126 Reserves
273	273	127 1599-1410Veterans’ Services Reserve ………….......………………… $5,000,000
274	274	128 1599-8909Election Costs Reserve ……………………………..............$8,000,000
275	275	129 EXECUTIVE OFFICE OF VETERANS’ SERVICES
276	276	130 Veterans’ Home in Massachusetts
277	277	131 4180-0100Veterans’ Home in Chelsea ………………………....…....... $1,748,697
278	278	132 SECTION 4. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition,
279	279	133is hereby amended by inserting after section 35SSS the following section:- 8 of 21
280	280	134 SECTION 35TTT. There shall be established on the books and records of the
281	281	135commonwealth a non-budgeted special revenue fund known as an advancing careers fund to be
282	282	136expended, without further appropriation, by the secretary of health and human services to
283	283	137advance career ladders in health care. The secretary may use funds to pay for: (i) the
284	284	138administration of a career ladder program; (ii) program costs, tuition, books, and fees related to
285	285	139the cost of education and training for participants in the program; (iii) costs related to becoming
286	286	140licensed, including, but not limited to testing costs, study courses, testing fees, and licensing
287	287	141fees; (iv) stipends to participants who participate in the program; and (v) additional costs
288	288	142associated with operating the career ladder program. Fund expenditures shall include but not be
289	289	143limited to, supporting a career pathway for program participants to become a licensed practical
290	290	144nurse.
291	291	145 The fund shall be credited with: (i) appropriations or other money authorized or
292	292	146transferred by the general court and specifically designated to be credited to the fund; (ii) funds
293	293	147from public and private sources, including, but not limited to gifts, grants, donations, and
294	294	148payments from employers and program participants participating in the program; (iii) federal
295	295	149funds; and (iv) any interest earned on such money.
296	296	150 Money remaining in the fund at the end of a fiscal year shall not revert to the General
297	297	151Fund. The fund shall not be subject to section 5C of chapter 29.
298	298	152 Annually, not later than October 1, the secretary of health and human services shall file a
299	299	153report with the clerks of the senate and house of representatives and the house and senate
300	300	154committees on ways and means that shall include a description of: (i) projects undertaken; (ii)
301	301	155expenditures made; and (iii) income received by the fund. 9 of 21
302	302	156 SECTION 5. Subsection (d) of section 20 of chapter 25A of the General Laws, as
303	303	157inserted by section 41 of chapter 179 of the acts of 2022, is hereby amended by striking out the
304	304	158words “(b)” and inserting in place thereof the following words:- (c).
305	305	159 SECTION 6. Subsection (k) of section 20 of chapter 32B of the General Laws, as
306	306	160appearing in the 2020 Official Edition, is hereby amended by striking out, in line 158, the words
307	307	161“governing boards” and inserting in place thereof the following words:- governing body.
308	308	162 SECTION 7. Section 17 of chapter 37 of the General Laws, as so appearing, is hereby
309	309	163amended by striking out the second paragraph and inserting in place thereof the following
310	310	164paragraph:-
311	311	165 The sheriffs of the counties of Barnstable, Bristol, Norfolk, Plymouth and Suffolk and of
312	312	166the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex and
313	313	167Worcester shall each receive a salary of $191,000. The sheriff of the county of Dukes shall
314	314	168receive a salary of $150,527. The sheriff of the county of Nantucket shall receive a salary of
315	315	169$120,846.
316	316	170 SECTION 8. Section 5B of chapter 40 of the General Laws, as so appearing, is hereby
317	317	171amended by striking out the third paragraph and inserting in place thereof the following
318	318	172paragraph:-
319	319	173 There shall be designated two types of stabilization funds. One shall be known as the
320	320	174general purpose stabilization fund and other stabilization funds shall be known as special
321	321	175purpose stabilization funds. At the time of creating any stabilization fund the city, town or
322	322	176district shall specify, and at any later time may alter, the purpose of the fund, which may be for
323	323	177any lawful purpose, including without limitation, an approved school project pursuant to chapter 10 of 21
324	324	17870B or any other purpose for which the city, town or district may lawfully borrow money. The
325	325	179specification and any alteration of purpose, and any appropriation of funds from the general
326	326	180purpose stabilization fund, shall be approved by a two-thirds vote, except as provided in
327	327	181paragraph (g) of section 21C of chapter 59 for a majority referendum vote. Subject to said
328	328	182section 21C of said chapter 59, any such vote shall be of the legislative body of the city, town or
329	329	183district, subject to charter. Appropriation of funds from a special purpose stabilization fund shall
330	330	184be approved by a majority vote.
331	331	185 SECTION 9. Section 1B of chapter 41 of the General Laws, as so appearing, is hereby
332	332	186amended by adding the following paragraph:-
333	333	187 In any town that accepts this paragraph, the positions of appointed town treasurer and
334	334	188appointed collector of taxes shall be combined into 1 position and become an appointed position
335	335	189in the manner provided in this section. Any incumbent of such office serving at the time of
336	336	190acceptance shall continue to hold said office and to perform the duties thereof until the expiration
337	337	191of the term for which said individual was appointed or until said individual otherwise vacates
338	338	192such office.
339	339	193 SECTION 10. Section 53 of chapter 44 of the General Laws, as appearing in the 2020
340	340	194Official Edition, is hereby amended by striking out clauses (2) and (3) and inserting in place
341	341	195thereof the following 4 clauses:-
342	342	196 (2) sums not in excess of $150,000 to be recovered under the terms of a fire or physical
343	343	197damage insurance policy or received in restitution for damage done to such city, town or district
344	344	198property may, with the approval of the chief executive officer, be spent by the officer or
345	345	199department having control of the city, town or district property for the restoration or replacement 11 of 21
346	346	200of such property without specific appropriation during the fiscal year in which the damage occurs
347	347	201or within 120 days after the end of said fiscal year, whichever is later, provided that any
348	348	202insurance or restitution received shall be applied to finance the restoration or replacement and
349	349	203any such expenditures outstanding at the close of the fiscal year after the fiscal year in which the
350	350	204damage occurred shall be reported by the auditor or accountant of the city, town or district, or
351	351	205other officer having similar duties, or by the treasurer if there be no such officer, to the assessors,
352	352	206who shall include the amount so reported in the determination of the next annual tax rate, unless
353	353	207the city, town or district has otherwise made provision therefor, (3) sums recovered from pupils
354	354	208in the public schools for loss of or damage to school books, materials, electronic devices or other
355	355	209learning aids provided by the school committee, or paid by pupils for materials used in the
356	356	210industrial arts projects, may be used by the school committee for the restoration or replacement
357	357	211of such books or materials without specific appropriation, (4) non-recurring, unanticipated sums
358	358	212received by multiple cities, towns or districts and not otherwise provided for by a general or
359	359	213special law, may, upon the approval of the director of accounts, be expended at the direction of
360	360	214the chief executive officer without further appropriation only for the singular purpose for which
361	361	215the monies were received, and (5) non-recurring, unanticipated sums received by multiple cities,
362	362	216towns or districts and not otherwise provided for by a general or special law, may, upon the
363	363	217approval of the director of accounts, be deposited in a separate revenue account established in the
364	364	218treasury and expended, with appropriation, only for the purposes for which the monies were
365	365	219received.
366	366	220 SECTION 11. The fourth paragraph of section 53E½ of said chapter 44, as so appearing,
367	367	221is hereby amended by striking out the first sentence and inserting in place thereof the following
368	368	222sentence:- The city or town shall, on or before July 1 of the fiscal year to which it shall first 12 of 21
369	369	223apply, vote on the total amount that may be expended from each revolving fund established
370	370	224under this section during any fiscal year.
371	371	225 SECTION 12. Said chapter 44 of the General Laws is hereby further amended by
372	372	226inserting after section 53J the following section:-
373	373	227 Section 53K. Notwithstanding section 53, any city or town may, upon the approval of the
374	374	228chief executive officer, establish in the treasury a separate revenue account into which shall be
375	375	229deposited the monies received from: (1) a party under a host or other agreement in connection
376	376	230with the costs imposed upon the city or town by the operation or location of the party in the city
377	377	231or town; or (2) an applicant to meet any condition or obligation required for the approval or
378	378	232issuance of a permit or license, including those issued under section 8C of chapter 40, chapter
379	379	23340A, chapter 40B, sections 81K to 81GG, inclusive, of chapter 41, chapter 138, chapter 111, or
380	380	234other municipal permitting or licensing statutes or lawfully authorized ordinances, by-laws, rules,
381	381	235and regulations promulgated by any municipal permit or license approving or granting officer or
382	382	236board when implementing any authority conferred under any law, regulation, ordinance or by-
383	383	237law. Any special account shall be established by the municipal treasurer in the municipal
384	384	238treasury and shall be kept separate and apart from other monies. Monies in any special account
385	385	239shall be expended at the direction of the chief executive officer without further appropriation
386	386	240only for the purposes for which the monies were received.
387	387	241 SECTION 13. Subsection (g) of section 1P of chapter 69 of the General Laws, as
388	388	242appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 128 to 133,
389	389	243inclusive, the words “1 of whom shall be a former member of the behavioral health and public
390	390	244schools task force who participated in the development and statewide evaluation of the self- 13 of 21
391	391	245assessment tool; 1 of whom shall be a former member of the behavioral health and public
392	392	246schools task force with experience implementing the framework” and inserting in place thereof
393	393	247the following words:- 1 of whom shall have experience in implementing the self-assessment tool;
394	394	2481 of whom shall have experience implementing the framework.
395	395	249 SECTION 14. Chapter 90 of the General Laws as amended by section 1 of chapter 423 of
396	396	250the acts of 2022, is hereby further amended by striking out section 2D and inserting in place
397	397	251thereof the following section:-
398	398	252 Section 2D. The registrar is hereby authorized and empowered to design, issue and
399	399	253regulate the use of temporary registration plates for issuance to and usage by the following
400	400	254purchasers of motor vehicles: (i) residents of the commonwealth pending receipt of registration
401	401	255plates issued under the provisions of section two; and (ii) nonresidents of the commonwealth
402	402	256who will be transporting the vehicle to the purchaser’s state of residence for registration in that
403	403	257state. Such temporary plates may be issued to dealers, upon application accompanied by the
404	404	258proper fee, as provided in section 33, for use by purchasers of motor vehicles; said plates shall be
405	405	259valid for not more than 20 days. Satisfactory proof shall be furnished that a certificate, as defined
406	406	260in section 34A, is in effect prior to the issuance of temporary registration plates.
407	407	261 Temporary registration plates issued to nonresidents of the commonwealth who will be
408	408	262transporting the vehicle to the purchaser’s state of residence for registration in that state shall not
409	409	263be subject to the provisions of chapter 60A.
410	410	264 The registrar is hereby empowered to issue and enforce regulations for the administration
411	411	265of this section. 14 of 21
412	412	266 SECTION 15. Section 2 of chapter 90D of the General Laws, as appearing in the 2020
413	413	267Official Edition, is hereby amended by adding the following words:- ; (13) A vehicle purchased
414	414	268by a nonresident who will be transporting the vehicle to the purchaser’s state of residence for
415	415	269registration in that state pursuant to section 2D of chapter 90.
416	416	270 SECTION 16. Section 25 of chapter 111C of the General Laws, as appearing in the 2020
417	417	271Official Edition, is hereby amended by striking out, in lines 4 to 8, inclusive, the words “with a
418	418	272minimum of 2 emergency medical technicians, only 1 of whom shall be certified at the EMT–
419	419	273Paramedic level; provided, however, that the service staffing a class I, II or V ambulance may
420	420	274staff the ambulance with more than 1 emergency medical technician certified at the EMT–
421	421	275Paramedic level” and inserting in place thereof the following words:- based on the class of the
422	422	276ambulance.
423	423	277 SECTION 17. Subsection (b) of section 7 of chapter 175M of the General Laws, as so
424	424	278appearing, is hereby amended by striking out the first sentence and inserting in place thereof the
425	425	279following sentence:- The costs of administering the department under this chapter shall be paid
426	426	280from the trust fund and in each fiscal year shall not exceed 5 per cent of the amount remaining in
427	427	281the fund at the end of the previous fiscal year; provided that, regardless of the trust fund balance
428	428	282at the end of a fiscal year, in no fiscal year shall the amount available to the director for
429	429	283administering the department decrease by more than 5 per cent from the previous year.
430	430	284 SECTION 18. Section 17 of chapter 268A of the General Laws, as so appearing, is
431	431	285hereby amended by adding the following paragraph:-
432	432	286 This section shall not prevent a municipal employee from receiving or requesting
433	433	287compensation from, or acting as an agent or attorney for, the employee's municipality and one or 15 of 21
434	434	288more other governmental units, as defined by section 4A of chapter 40, in connection with an
435	435	289intermunicipal agreement under said section 4A of said chapter 40; provided that the employee is
436	436	290acting within the scope of the employee’s duties under the intermunicipal agreement.
437	437	291 SECTION 19. Section 4 of chapter 250 of the acts of 2016 is hereby amended by adding
438	438	292the following words:- , and the 42.3 acre parcel of land located within the city of Salem shown
439	439	293on the city of Salem assessor’s map 41, lot 339.
440	440	294 SECTION 20. Subsection (e) of section 81 of chapter 179 of the acts of 2022 is hereby
441	441	295amended by striking out the third and fourth sentences and inserting in place thereof the
442	442	296following 2 sentence:- All amounts credited to the fund shall be expended, without further
443	443	297appropriation, solely for activities and expenditures consistent with the purposes of this section,
444	444	298including the ordinary and necessary expenses of administration and operation of the fund;
445	445	299provided, however, that no expenditure made from the fund shall cause the fund to become
446	446	300deficient at any point during the fiscal year. Any money remaining in the fund at the end of a
447	447	301fiscal year shall not revert to the General Fund and shall be available for expenditure in the
448	448	302following fiscal year.
449	449	303 SECTION 21. Item 1599-8909 of section 2 of chapter 126 of the acts of 2022 is hereby
450	450	304amended by adding the following words:- ; and provided further, that not more than $5,000,000
451	451	305shall be expended for grants by the state secretary to cities and towns for additional costs to
452	452	306administer early voting in person and by mail in all primaries and elections, including additional
453	453	307municipal personnel. 16 of 21
454	454	308 SECTION 22. Item 1599-6063 of section 2A of chapter 268 of the acts of 2022 is hereby
455	455	309amended by striking out the words “$5,000,000 shall be expended for a grant” and inserting in
456	456	310place thereof the following words:- $10,000,000 shall be expended for a grant.
457	457	311 SECTION 23. Notwithstanding section 5B of chapter 40 and section 4B of chapter 4 of
458	458	312the General Laws, or any other general or special law to the contrary, any city, town or district
459	459	313that has accepted the fourth paragraph of section 5B of chapter 40 of the General Laws, and
460	460	314thereby dedicated statewide opioid settlement receipts to a stabilization fund, may vote to revoke
461	461	315said acceptance at any time. Upon such revocation, the city, town or district may, without further
462	462	316appropriation, account for all statewide opioid settlement receipts previously received, including
463	463	317those already in a stabilization fund, in accordance with section 53 of chapter 44 of the General
464	464	318Laws, as amended by section 10, unless already certified as free cash. Notwithstanding any
465	465	319general or special law to the contrary, unless otherwise reserved, any city, town or district may
466	466	320account for all statewide opioid settlement receipts previously received in accordance with said
467	467	321section 53 of said chapter 44 of the General Laws, as so amended, unless already certified as free
468	468	322cash. Any statewide opioid settlement receipts already certified as free cash may be appropriated
469	469	323to the separate statewide opioid settlement revenue account established pursuant to said section
470	470	32453 of said chapter 44 of the General Laws, as so amended.
471	471	325 SECTION 24. Notwithstanding the provisions of section 11 of chapter 70 of the general
472	472	326laws or any other general or special law to the contrary, if a district’s actual expenditure for
473	473	327public education in fiscal years 2023 or 2024, is less than the amount otherwise required to be
474	474	328appropriated for public education, the difference, up to 10 per cent of the amount required to be
475	475	329appropriated, may be deposited into a reserve created by the municipality or regional school
476	476	330district and be available for public education by the school committee without further 17 of 21
477	477	331appropriation. If a district underspends its budget in fiscal years 2023 or 2024 by more than 10
478	478	332per cent of the amount required to be appropriated, state school aid in the following year shall be
479	479	333reduced by the entire difference between those amounts. Funds deposited into the reserve shall
480	480	334be eligible for withdrawal and expenditure for net school spending eligible purposes through
481	481	335fiscal year 2027; provided further, that if any funds remain in the reserve at the close of fiscal
482	482	336year 2027, state school aid in the following year shall be reduced by the full amount of the funds
483	483	337remaining in the reserve. The board of elementary and secondary education shall promulgate
484	484	338regulations to implement this section that include but are not limited to ensuring that districts
485	485	339effectively utilize growth in federal, state and local resources to rapidly expand, improve and
486	486	340sustain public education services, and to establish rules governing the deposit and withdrawal of
487	487	341funds to the reserve in pursuit of that purpose.
488	488	342 SECTION 25. Notwithstanding section 7 of chapter 94C of the General Laws or any
489	489	343other general or special law to the contrary, and consistent with the commissioner of public
490	490	344health’s COVID-19 Public Health Emergency Order No. 2022-20 issued on November 14, 2022,
491	491	345unlicensed staff of a community program that participates in the department of public health’s
492	492	346medication administration program may possess and administer prepackaged medications to
493	493	347individuals in such programs without first obtaining medication administration program
494	494	348certification. Such possession and administration shall comply with guidance issued by the
495	495	349department.
496	496	350 SECTION 26. Notwithstanding section 53 of chapter 111 of the General Laws or any
497	497	351other general or special law to the contrary, and consistent with the commissioner of public
498	498	352health’s COVID-19 Public Health Emergency Order No. 2022-03 issued on January 14, 2022,
499	499	353out-of-hospital dialysis units licensed pursuant to section 51A of said chapter 111 are not 18 of 21
500	500	354required to have on site sufficient personnel to ensure a ratio of at least 1 direct patient care staff
501	501	355member to every 3 patients, as long as the unit has sufficient direct care staff, who are trained in
502	502	356dialysis care, available to meet the needs of the patients undergoing dialysis.
503	503	357 SECTION 27. Notwithstanding any general or special law to the contrary, for fiscal year
504	504	3582023, the secretary of health and human services, with the written approval of the secretary of
505	505	359administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-
506	506	3600430, 4000-0500, 4000-0601, 4000-0641, 4000-0700, 4000-0875, 4000-0880, 4000-0885, 4000-
507	507	3610940, 4000-0950, 4000-0990, 4000-1400, 4000-1420 and 4000-1426.
508	508	362 SECTION 28. Notwithstanding any general or special law to the contrary, any
509	509	363unexpended balances, not exceeding a total of $40,000,000, in items 4000-0700 and 4000-1426
510	510	364of section 2 of chapter 126 of the acts of 2022 shall not revert to the General Fund until
511	511	365September 1, 2023 and may be expended by the executive office of health and human services to
512	512	366pay for services enumerated in said items 4000-0700 and 4000-1426 provided during fiscal year
513	513	3672023.
514	514	368 SECTION 29. Notwithstanding any general or special law to the contrary, the sums set
515	515	369forth in chapter 102 of the acts of 2021 and in section 2A of chapter 268 of the acts of 2022 shall
516	516	370be appropriated from the General Fund, the federal COVID-19 response fund established under
517	517	371section 2JJJJJ of chapter 29 of the General Laws, or from the Transitional Escrow Trust
518	518	372established under section 16 of chapter 76 of the acts of 2021 unless specifically designated
519	519	373otherwise in the respective sections, for the several purposes and subject to the conditions
520	520	374specified in this section, and subject to the laws regulating the disbursement of public funds for
521	521	375the fiscal year ending June 30, 2022. Except as otherwise stated, these sums shall be made 19 of 21
522	522	376available through the fiscal year ending June 30, 2027. Not later than September 15 following
523	523	377the end of each fiscal year, the secretary of administration and finance shall report to the
524	524	378comptroller and the house and senate committees on ways and means the allocation of the sums
525	525	379between said funds. The comptroller shall incorporate the allocation of the sums in each report to
526	526	380prepare the annual statutory basis financial report required under paragraph (2) of subsection (a)
527	527	381of section 12 of chapter 7A of the General Laws.
528	528	382 SECTION 30. Notwithstanding any general or special law to the contrary, no later than
529	529	383August 15, 2023, the commissioner of revenue shall certify to the comptroller the amount of tax
530	530	384revenues estimated to have been collected during fiscal year 2023 in connection with the
531	531	385additional 4 per cent income tax levied pursuant Article XLIV of the Articles of amendment of
532	532	386the Constitution, as added by CXXI of the Articles of Amendment. Following such certification,
533	533	387and upon establishment of the Education and Transportation Fund, the comptroller shall transfer
534	534	388all such certified revenue from the General Fund to the Education and Transportation Fund.
535	535	389Such transfer shall be credited as a fiscal year 2023 transfer and shall precede the calculation of
536	536	390fiscal year 2023 consolidated net surplus pursuant to section 5C of chapter 29 of the General
537	537	391Laws.
538	538	392 SECTION 31. (a) Notwithstanding any general or special law to the contrary, the port in
539	539	393the city of Salem has been identified as an optimal site for operations to support the construction
540	540	394and maintenance of offshore wind developments. To further the commonwealth’s clean energy
541	541	395and economic development objectives, support the construction of offshore wind developments
542	542	396approved by the commonwealth and other states, and stimulate investment in and the growth of
543	543	397the offshore wind industry in the commonwealth, it is hereby determined to be in the interests of
544	544	398the commonwealth to provide as quickly as possible for the construction and operation of 20 of 21
545	545	399infrastructure and other improvements at the port in the city of Salem for the primary purpose of
546	546	400supporting the construction and maintenance of offshore wind developments, and it is further
547	547	401determined that the construction and operation of an offshore wind operations terminal at the
548	548	402port in the city of Salem constitutes a public purpose.
549	549	403 (b) As used in this section, unless the context clearly requires otherwise, the following
550	550	404words shall have the following meanings: -
551	551	405 “Center”, the Massachusetts clean energy technology center established pursuant to
552	552	406chapter 23J of the General Laws.
553	553	407 “Cooperation agreement”, the cooperation agreement between Salem Wind Terminal,
554	554	408LLC and the city of Salem dated September 30, 2022 related to the Salem port site.
555	555	409 “Port authority”, the Salem harbor port authority established pursuant to chapter 250 of
556	556	410the acts of 2016.
557	557	411 “Salem offshore wind terminal”, facilities at the Salem port site capable of supporting,
558	558	412and the operation and use thereof for the primary purpose of supporting, the construction and
559	559	413maintenance of offshore wind developments.
560	560	414 “Salem port site”, the 42.3 acre parcel of land located within the city of Salem shown on
561	561	415the city of Salem assessor’s map 41, lot 339.
562	562	416 (c) The center shall be designated as the state entity authorized to provide for the
563	563	417establishment of the Salem offshore wind terminal. To facilitate the establishment by the center
564	564	418of the Salem offshore wind terminal, the port authority is authorized to acquire the portion of the
565	565	419Salem port site in which it has existing legal entitlements under the cooperation agreement and to 21 of 21
566	566	420enter into a long-term lease with the center for the disposition of all or a portion of said property
567	567	421to the center. The port authority’s acquisition and disposition of real property authorized by this
568	568	422subsection, including any other real property acquisitions or dispositions between the port
569	569	423authority and the center related to the Salem port site that said parties determine to be necessary
570	570	424or desirable to facilitate and sustain the establishment by the center of the Salem offshore wind
571	571	425terminal, shall be exempt from the provisions of chapter 30B of the General Laws. If the center
572	572	426leases all or a portion of the Salem port site to a private party for the purpose of establishing and
573	573	427operating the Salem offshore wind terminal, the design and construction of any improvements to
574	574	428the Salem port site contracted for by the private party for the purpose of establishing and
575	575	429maintaining the Salem offshore wind terminal shall not be subject to the provisions of chapters
576	576	4307C or 149 of the General Laws and shall not be subject to any other general or special law
577	577	431relating to procurement requirements for public projects; provided, however, that any such
578	578	432capital improvement projects undertaken by the private party for the Salem offshore wind
579	579	433terminal shall be subject to the prevailing wage requirements of sections 26 and 27 of chapter
580	580	434149 of the General Laws.
581	581	435 SECTION 32. The salary adjustments and other economic benefits authorized by the
582	582	436following collective bargaining agreements shall be effective for the purposes of section 7 of
583	583	437chapter 150E of the General Laws:
584	584	438 between the Special Sheriff of Essex County and the Essex County Correctional Officers
585	585	439Association, Unit SE2.
586	586	440 SECTION 33. Sections 25 and 26 are hereby repealed.
587	587	441 SECTION 34. Section 33 shall take effect as of November 10, 2023.