HOUSE . . . . . . . No. 3982The Commonwealth of Massachusetts______________________________________HOUSEOF REPRESENTATIVES, July 12, 2023.The committee on Ways and Means, to whom was referred themessage from Her Excellency the Governor submitting requests formaking appropriations for the fiscal year 2023 to provide for supplementing certain existing appropriations and for certain other activities and projects(House, No. 3869) reports, in part, recommending that the accompanying bill (House, No. 3982) ought to pass[Total appropriation: $692,950,563.00].For the committee,AARON MICHLEWITZ.
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FILED ON: 7/12/2023
HOUSE . . . . . . . . . . . . . . . No. 3982
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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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 Transitional Escrow Fund established in section 16 of chapter 76 of the
4acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically
5designated otherwise in this act or in those appropriation acts, for the several purposes and
6subject to the conditions specified in this act or in those appropriation acts and subject to the
7laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. These
8sums shall be in addition to any amounts previously appropriated and made available for the 2 of 14
9purposes of those items. Except as otherwise provided, these sums shall be made available
10through the fiscal year ending June 30, 2024.
11 SECTION 2.
12 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
13 Office of the Secretary
14 2000-0120For obligations of the commonwealth to neighboring states incurred
15pursuant to interstate compacts for flood control ……………………….……………… $506,140
16 EXECUTIVE OFFICE OF EDUCATION
17 Department of Early Education and Care
18 3000-7040 …………………………………………….……………..………….. $200,000
19 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
20 Office of the Secretary
21 4000-1111For the distribution of funds for fiscally strained hospitals; provided, that
22up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment
23described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available
24on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-
2579493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid,
26and as may be further amended from time to time; provided, that the secretary of health and
27human services shall disburse funds according to said section 5.D.22 and the terms of any
28payment agreement between the recipient hospital and the executive office of health and human 3 of 14
29services; provided further, that not less than $58,525,410 shall be distributed to non-profit or
30municipal acute care hospitals licensed under section 51 of chapter 111 of the General Laws that
31are designated by the center for health information and analysis as non-specialty hospitals, and
32that had a Medicaid payer mix equal to or greater than 24 per cent in fiscal year 2021, as
33determined by the executive office based on data published by the center, provided, that the
34executive office shall prioritize funds for hospitals demonstrating significant financial need
35based on (i) the current liquidity position of the hospital or its associated hospital health system,
36(ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance
37report published April 2023 and (iii) any other data the executive office deems relevant,
38including the amount of previous state financial support provided to the hospital in response to
39the 2019 novel coronavirus pandemic; and provided further, that not less than $30,000,000 shall
40be distributed by the executive office of health and human services to acute care hospitals
41licensed under said section 51 of said chapter 111 that demonstrate significant financial need
42based on criteria established by the executive office……………………………...…$180,000,000
43 Department of Public Health
44 4590-0950 …………………………………………………………………….$10,710,901
45 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
46alteration of purpose for current appropriations and to meet certain requirements of law, the sums
47set forth in this section are hereby appropriated from the Transitional Escrow Fund established in
48section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of
492022, unless specifically designated otherwise in this section, for the several purposes and
50subject to the conditions specified in this section, and subject to the laws regulating the 4 of 14
51disbursement of public funds for the fiscal year ending June 30, 2023. Except as otherwise
52stated, these sums shall be made available through the fiscal year ending June 30, 2024.
53 OFFICE OF THE COMPTROLLER
54 Office of the Comptroller
55 1595-4514For an operating transfer to the Commonwealth’s Pension Liability Fund,
56established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General
57Laws………………………………………………………………………………….$100,000,000
58 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
59 Reserves
60 1599-0012For a reserve to support reimbursements for extraordinary relief to school
61districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012;
62provided, that funds shall be made available for reimbursements in fiscal year 2024 to school
63districts that experience increases to instructional costs reimbursable under said section 5A of
64said chapter 71B and incurred such instructional costs during fiscal year 2024 that exceed 25 per
65cent of such instructional costs incurred during fiscal year 2023; provided further, that funds
66shall also be made available to reimburse districts in fiscal year 2024 for 100 per cent of any
67such instructional cost increases exceeding 10 per cent where the total of such increase also
68exceeds 0.5 per cent of total actual net school spending in fiscal year 2023; provided further, that
69no funds from this item shall be distributed to any school district that has unobligated
70Elementary and Secondary School Emergency Relief funds pursuant to: (i) section 18003(b) of
71the federal Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136; (ii) 5 of 14
72section 313 of the federal Coronavirus Response and Relief Supplemental Appropriations Act,
73Division M of Public Law 116-260; (iii) section 2001 of the federal American Rescue Plan Act
74of 2001, Public Law 117-2; or (iv) any other federal act providing for COVID-19 response
75funds; and provided further, that the funds appropriated in this item shall not revert but shall be
76made available through June 30, 2025 and may be transferred to item 7061-0012 and expended
77subject to the conditions specified in said item in the general appropriations act for that
78year…………………………………………………………………………………….$75,000,000
79 1599-1101For a reserve for the payroll of the department of transitional assistance’s
80caseworkers and other necessary staff to serve applicants and clients of the supplemental
81nutrition assistance, transitional aid to families with dependent children and emergency aid to the
82elderly, disabled and children programs; provided, that funds may be transferred to items 4400-
831000 and 4400-1100; and provided further, that the funds appropriated in this item shall be made
84available through the year ending June 30, 2025 ………………………………..……$60,300,000
85 1599-2301For a reserve for costs associated with the settlement agreement in
86Spencer Tatum et al. v. Commonwealth of Massachusetts, Suffolk Superior Court C.A. No.
870984CV00576……………………………………………………………………..….$40,000,000
88 1599-4448For collective bargaining contract costs……………………..$226,233,522
89 SECTION 3. Section 5 of chapter 128A of the General Laws, as appearing in the 2020
90Official Edition, is hereby amended by inserting after the word “racing”, in line 257, the
91following words:- or simulcasting pursuant to chapter 128C. 6 of 14
92 SECTION 4. Section 2 of chapter 128C of the General Laws, as so appearing, is hereby
93amended by inserting after the word “simulcast”, in line 14, the following words:- at any location
94in Suffolk county approved by the commission.
95 SECTION 5. Said section 2 of said chapter 128C, as so appearing, is hereby further
96amended by inserting after the word “simulcast”, in line 42, the following words:- at any location
97in Bristol county approved by the commission:.
98 SECTION 6. Said section 2 of said chapter 128C, as so appearing, is hereby further
99amended by inserting after the word “simulcast”, in line 78, the following words:- at any location
100in Norfolk county approved by the commission:.
101 SECTION 7. Said section 2 of said chapter 128C, as so appearing, is hereby further
102amended by inserting after the word “simulcast”, in line 111, the following words:- at any
103location in Suffolk county approved by the commission.
104 SECTION 8. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
105hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
106chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
107July 31, 2028.
108 SECTION 9. The last paragraph of said section 12A of said chapter 494 is hereby
109amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128 of
110the acts of 2022, and inserting in place thereof the following words:- July 31, 2028. 7 of 14
111 SECTION 10. The introductory paragraph of section 13 of said chapter 494 is hereby
112amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said
113chapter 128, and inserting in place thereof the following words:- and until July 31, 2028.
114 SECTION 11. Section 15 of said chapter 494 is hereby amended by striking out the
115words “and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place
116thereof the following words:- and until July 31, 2028.
117 SECTION 12. The first paragraph of section 9 of chapter 277 of the acts of 1986 is
118hereby amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said
119chapter 128, and inserting in place thereof the following words:- and until July 31, 2028.
120 SECTION 13. The first sentence of the first paragraph of section 3 of chapter 114 of the
121acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by
122section 6 of said chapter 128, and inserting in place thereof the following words:- and until July
12331, 2028.
124 SECTION 14. The last paragraph of said section 3 of said chapter 114 is hereby amended
125by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and inserting
126in place thereof the following words:- July 31, 2028.
127 SECTION 15. The first paragraph of section 4 of said chapter 114 is hereby amended by
128striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and
129inserting in place thereof the following words:- and until July 31, 2028. 8 of 14
130 SECTION 16. The last paragraph of said section 4 of said chapter 114 is hereby amended
131by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and inserting
132in place thereof the following words:- July 31, 2028.
133 SECTION 17. The first paragraph of section 5 of said chapter 114 is hereby amended by
134striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128, and
135inserting in place thereof the following words:- and until July 31, 2028.
136 SECTION 18. Section 45 of chapter 139 of the acts of 2001 is hereby amended by
137striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting
138in place thereof the following words:- July 31, 2028.
139 SECTION 19. Section 20 of chapter 449 of the acts of 2006 is hereby amended by
140striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting
141in place thereof the following words:- July 31, 2028.
142 SECTION 20. Section 92 of chapter 194 of the acts of 2011 is hereby amended by
143striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting
144in place thereof the following words:- July 31, 2028.
145 SECTION 21. Section 112 of said chapter 194 is hereby amended by striking out the
146words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof
147the following words:- July 31, 2028.
148 SECTION 22. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking
149out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting in place
150thereof the following words:- July 31, 2028. 9 of 14
151 SECTION 23. Item 3000-7040 of section 2 of chapter 126 of the acts of 2022 is hereby
152amended by striking out the figure “$320,000” both times it appears and inserting in place
153thereof, in each instance, the following figure:- $520,000.
154 SECTION 24. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby
155repealed.
156 SECTION 25. The salary adjustments and other economic benefits authorized by the
157following collective bargaining agreements shall be effective for the purposes of section 7 of
158chapter 150E of the General Laws:
159 (1) the agreement between the Commonwealth of Massachusetts and the State Police
160Association of Massachusetts, Unit 5A and C22;
161 (2) the agreement between the Commonwealth of Massachusetts and the Alliance,
162American Federation of State, County and Municipal Employees – SEIU Local 888, Unit 2;
163 (3) the agreement between the Commonwealth of Massachusetts and the Service
164Employees International Union, Local 509, Units 8 and 10;
165 (4) the agreement between the Commonwealth of Massachusetts and the Massachusetts
166Organization of State Engineers and Scientists, Unit 9;
167 (5) the agreement between the Commonwealth of Massachusetts and the National
168Association of Government Employees, Units 1, 3 and 6;
169 (6) the agreement between the Sheriff of Berkshire County and the Berkshire County
170Sheriff's Office Employee Association, Unit SB3; 10 of 14
171 (7) the agreement between the Sheriff of Berkshire County and the Berkshire Correction
172Officers/IBCO Local R1-297, Unit SB1;
173 (8) the agreement between the Sheriff of Berkshire County and the Berkshire IUE -CWA,
174Unit SB2;
175 (9) the agreement between the Sheriff of Hampshire County and the Hampshire Sheriff’s
176Office Non-Uniform Correctional Association, Unit SH7;
177 (10) the agreement between the Sheriff of Hampshire County and the Hampshire Sheriff's
178Office Treatment Association (SOTA), Unit SH6;
179 (11) the agreement between the Sheriff of Plymouth County and the Plymouth Superiors
180NCEU 104, Unit SP1;
181 (12) the agreement between the Massachusetts State Lottery Commission and the Service
182Employees International Union, Local 888, Unit LT1;
183 (13) the agreement between the University of Massachusetts and the Massachusetts
184Society of Professors MTA/NEA, Amherst Campus, Unit A50;
185 (14) the agreement between the University of Massachusetts and the Boston Public
186Safety Officers NEPBA L90, Unit B33;
187 (15) the agreement between the University of Massachusetts and the International
188Brotherhood of Teamsters, L25, Public Safety Lieutenants, Unit B3L;
189 (16) the agreement between the University of Massachusetts and the International
190Brotherhood of Teamsters, L25, Officers, Unit B3S; 11 of 14
191 (19) the agreement between the University of Massachusetts and the Head Coaches
192MTA/NEA Professional Staff Union Unit C, Unit B45;
193 (20) the agreement between the University of Massachusetts and the Boston Department
194Chairs Union/MTA/NEA, Unit B50;
195 (21) the agreement between the University of Massachusetts and the Non-Faculty -
196Maintenance & Trades MTA, Lowell Campus, Unit L93;
197 (22) the agreement between the University of Massachusetts and the Non-Faculty - Police
198Officers Teamsters L25, Lowell Campus, Unit L94;
199 (23) the agreement between the Essex North and South registry of deeds and the
200American Federation of State, County, and Municipal Employees, Local 653, Unit SC3;
201 (24) the agreement between the Sheriff of Suffolk County and the National Association
202of Government Employees, Local 298, Unit SS2;
203 (25) the agreement between the Sheriff of Suffolk County and the American Federation
204of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3;
205 (26) the agreement between the Sheriff of Suffolk County and the American Federation
206of State, County and Municipal Employees/AFL-CIO, Council 93, Local 3643, Unit SS5;
207 (27) the agreement between the Sheriff of Franklin County and the National Correctional
208Employees Union, Local 106, Unit SF1;
209 (28) the agreement between the Sheriff of Franklin County and the Franklin Sheriff’s
210Office Non-Unit Employer’s Association, Unit SF3; 12 of 14
211 (29) the agreement between the Sheriff of Worcester County and the New England Police
212Benevolent Association, Local 275, Unit SW2;
213 (30) the agreement between the Sheriff of Worcester County and the New England Police
214Benevolent Association, Local 515, Unit SW5;
215 (31) the agreement between the Sheriff of Hampshire County and the Hampshire
216Sheriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association,
217Unit SH3;
218 (32) the agreement between the Sheriff of Worcester County and the National
219Association of Government Employees, Local R1-255, Unit SW4; and
220 (33) the agreement between the Massachusetts Board of Higher Education and the
221Massachusetts Community College Council.
222 SECTION 26. Notwithstanding section 38G of chapter 71 of the General Laws or any
223other general or special law to the contrary, the commissioner of education, for calendar years
2242023 and 2024, may issue a temporary certificate to a registered nurse who has not satisfied the
225certification testing requirements pursuant to said section 38G of said chapter 71 and who: (i) is
226authorized to practice as a registered nurse in the commonwealth pursuant to section 74 of
227chapter 112 of the General Laws; and (ii) has been employed as a registered nurse pursuant to
228clause (i) for not less than 3 years.
229 SECTION 27. Notwithstanding section 2 of chapter 128A of the General Laws, sections
2301, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said section 128C, as
231inserted by section 6 of chapter 173 of the acts of 2022, or any other general or special law to the 13 of 14
232contrary, the running race horse meeting licensee located in Suffolk county licensed to conduct
233live racing pursuant to said chapter 128A and simulcast wagering pursuant to said chapter 128C
234in calendar year 2023 shall remain licensed as a running horse racing meeting licensee and shall
235remain authorized to conduct simulcast wagering pursuant to said chapter 128C until the later of
236July 31, 2028 or the expiration of the term of a category 2 sports wagering license, pursuant to
237chapter 23N of the General Laws, held by such licensee as of July 31, 2028 or any renewal
238thereof; provided, however, that the days between January 1, 2023 and December 31, 2028 shall
239be dark days pursuant to said chapter 128C and the licensee shall be precluded from conducting
240live racing during that period unless it applies for and is granted a supplemental live racing
241license pursuant to said chapter 128A; provided further, that the licensee shall not simulcast or
242accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to section 9 of
243chapter 128C of the General Laws; provided further, that all simulcasts shall comply with the
244Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et seq. or other applicable federal law;
245provided further, that all simulcasts from states which have racing associations that do not
246require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C.
2473004(a)(1)(A) shall require the approval of the New England Horsemen’s Benevolent &
248Protective Association prior to being simulcast to a racing meeting licensee within the
249commonwealth; and provided further, that if the association agrees to approve the simulcast for 1
250racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting
251licensees.
252 SECTION 28. Notwithstanding any general or special law to the contrary, the department
253of public utilities shall have authority to allow recovery by the electric distribution companies of
254transmission service agreement expenditures and payments associated with clean energy 14 of 14
255generation power purchase agreements previously approved by the department following a
256competitive solicitation and procurement conducted under section 83D of chapter 169 of the acts
257of 2008, as inserted by section 12 of chapter 188 of the acts of 2016, and amended thereafter in
258connection with a change in law in the state of Maine, subsequently causing suspension of
259development construction; provided, that the department shall allow recovery for such
260expenditures and payments that the department determines to be associated with the subsequent
261construction delay.