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