Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3994 Compare Versions

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

Old	New	Differences
1	1	1 of 16
2	2	FILED ON: 7/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3994
4	4	House bill No. 3982 as amended and passed to be engrossed by the House. July 13, 2023.
5	5	The Commonwealth of Massachusetts
6	6	_______________
7	7	In the One Hundred and Ninety-Third General Court
8	8	(2023-2024)
9	9	_______________
10	10	An Act making appropriations for the fiscal year 2023 to provide for supplementing certain
11	11	existing appropriations and for certain other activities and projects.
12	12	Whereas, The deferred operation of this act would tend to defeat its purposes, which are
13	13	forthwith to make supplemental appropriations for fiscal year 2023 and to make certain changes
14	14	in law, each of which is immediately necessary to carry out those appropriations or to
15	15	accomplish other important public purposes, therefore it is hereby declared to be an emergency
16	16	law, necessary for the immediate preservation of the public convenience.
17	17	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
18	18	of the same, as follows:
19	19	1 SECTION 1. To provide for supplementing certain items in the general appropriation act
20	20	2and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby
21	21	3appropriated from the Transitional Escrow Fund established in section 16 of chapter 76 of the
22	22	4acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically
23	23	5designated otherwise in this act or in those appropriation acts, for the several purposes and
24	24	6subject to the conditions specified in this act or in those appropriation acts and subject to the
25	25	7laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. These
26	26	8sums shall be in addition to any amounts previously appropriated and made available for the 2 of 16
27	27	9purposes of those items. Except as otherwise provided, these sums shall be made available
28	28	10through the fiscal year ending June 30, 2024.
29	29	11 SECTION 2.
30	30	12 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
31	31	13 Office of the Secretary
32	32	14 2000-0120For obligations of the commonwealth to neighboring states incurred
33	33	15pursuant to interstate compacts for flood control ……………………….……………… $506,140
34	34	16 EXECUTIVE OFFICE OF EDUCATION
35	35	17 Department of Early Education and Care
36	36	18 3000-7040 …………………………………………….……………..………….. $200,000
37	37	19 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
38	38	20 Office of the Secretary
39	39	21 4000-1111For the distribution of funds for fiscally strained hospitals; provided, that
40	40	22up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment
41	41	23described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available
42	42	24on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-
43	43	2579493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid,
44	44	26and as may be further amended from time to time; provided, that the secretary of health and
45	45	27human services shall disburse funds according to said section 5.D.22 and the terms of any
46	46	28payment agreement between the recipient hospital and the executive office of health and human 3 of 16
47	47	29services; provided further, that not less than $58,525,410 shall be distributed to non-profit or
48	48	30municipal acute care hospitals licensed under section 51 of chapter 111 of the General Laws that
49	49	31are designated by the center for health information and analysis as non-specialty hospitals, and
50	50	32that had a Medicaid payer mix equal to or greater than 24 per cent in fiscal year 2021, as
51	51	33determined by the executive office based on data published by the center, provided, that the
52	52	34executive office shall prioritize funds for hospitals demonstrating significant financial need
53	53	35based on (i) the current liquidity position of the hospital or its associated hospital health system,
54	54	36(ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance
55	55	37report published April 2023 and (iii) any other data the executive office deems relevant,
56	56	38including the amount of previous state financial support provided to the hospital in response to
57	57	39the 2019 novel coronavirus pandemic; and provided further, that not less than $30,000,000 shall
58	58	40be distributed by the executive office of health and human services to acute care hospitals
59	59	41licensed under said section 51 of said chapter 111 that demonstrate significant financial need
60	60	42based on criteria established by the executive office……………………………...…$180,000,000
61	61	43 Department of Public Health
62	62	44 4590-0915 …………………………………………………………………….$10,710,901
63	63	45 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
64	64	46alteration of purpose for current appropriations and to meet certain requirements of law, the sums
65	65	47set forth in this section are hereby appropriated from the Transitional Escrow Fund established in
66	66	48section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of
67	67	492022, unless specifically designated otherwise in this section, for the several purposes and
68	68	50subject to the conditions specified in this section, and subject to the laws regulating the 4 of 16
69	69	51disbursement of public funds for the fiscal year ending June 30, 2023. Except as otherwise
70	70	52stated, these sums shall be made available through the fiscal year ending June 30, 2024.
71	71	53 OFFICE OF THE COMPTROLLER
72	72	54 Office of the Comptroller
73	73	55 1595-4514For an operating transfer to the Commonwealth’s Pension Liability Fund,
74	74	56established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General
75	75	57Laws………………………………………………………………………………….$100,000,000
76	76	58 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
77	77	59 Reserves
78	78	60 1599-0012For a reserve to support reimbursements for extraordinary relief to school
79	79	61districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012;
80	80	62provided, that funds shall be made available for reimbursements in fiscal year 2024 to school
81	81	63districts that experience increases to instructional costs reimbursable under said section 5A of
82	82	64said chapter 71B and incurred such instructional costs during fiscal year 2024 that exceed 25 per
83	83	65cent of such instructional costs incurred during fiscal year 2023; provided further, that funds
84	84	66shall also be made available to reimburse districts in fiscal year 2024 for 100 per cent of any
85	85	67such instructional cost increases exceeding 10 per cent where the total of such increase also
86	86	68exceeds 0.5 per cent of total actual net school spending in fiscal year 2023; provided further, that
87	87	69no funds from this item shall be distributed to any school district that has unobligated
88	88	70Elementary and Secondary School Emergency Relief funds pursuant to: (i) section 18003(b) of
89	89	71the federal Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136; (ii) 5 of 16
90	90	72section 313 of the federal Coronavirus Response and Relief Supplemental Appropriations Act,
91	91	73Division M of Public Law 116-260; (iii) section 2001 of the federal American Rescue Plan Act
92	92	74of 2001, Public Law 117-2; or (iv) any other federal act providing for COVID-19 response
93	93	75funds; and provided further, that the funds appropriated in this item shall not revert but shall be
94	94	76made available through June 30, 2025 and may be transferred to item 7061-0012 and expended
95	95	77subject to the conditions specified in said item in the general appropriations act for that
96	96	78year…………………………………………………………………………………….$75,000,000
97	97	79 1599-1101For a reserve for the payroll of the department of transitional assistance’s
98	98	80caseworkers and other necessary staff to serve applicants and clients of the supplemental
99	99	81nutrition assistance, transitional aid to families with dependent children and emergency aid to the
100	100	82elderly, disabled and children programs; provided, that funds may be transferred to items 4400-
101	101	831000 and 4400-1100; and provided further, that the funds appropriated in this item shall be made
102	102	84available through the year ending June 30, 2025 ………………………………..……$60,300,000
103	103	85 1599-2301For a reserve for costs associated with the settlement agreement in
104	104	86Spencer Tatum et al. v. Commonwealth of Massachusetts, Suffolk Superior Court C.A. No.
105	105	870984CV00576……………………………………………………………………..….$40,000,000
106	106	88 1599-4448For collective bargaining contract costs……………………..$226,233,522
107	107	89 SECTION 2AA. Paragraph (5) of subsection (q) of section 6 of chapter 62 of the General
108	108	90Laws, as amended by sections 218 to 220, inclusive, of chapter 7 of the acts of 2023, is hereby
109	109	91further amended by striking out the words “The total amount of credits that may be authorized by
110	110	92EOHLC in a calendar year pursuant to this subsection and section 38BB of chapter 63 shall not
111	111	93exceed $10,000,000 and” and inserting in place thereof the following 3 sentences:- EOHLC may 6 of 16
112	112	94authorize up to $30,000,000 in credits annually under this subsection and section 38BB of
113	113	95chapter 63. In addition, EOHLC may authorize annually (i) any portion of the annual cap on
114	114	96credits not authorized by EOHLC in the preceding calendar years under this subsection or said
115	115	97section 38BB of said chapter 63; and (ii) any credits under this subsection or said section 38BB
116	116	98of said chapter 63 returned to EOHLC by a certified housing development project. The total
117	117	99amount of credits authorized during a year.
118	118	100 SECTION 2BB. Said paragraph (5) of said subsection (q) of said section 6 of said chapter
119	119	10162, as so amended, is hereby further amended by inserting after the words “chapter 63;” the
120	120	102following word:- and.
121	121	103 SECTION 2CC. Said paragraph (5) of said subsection (q) of said section 6 of said chapter
122	122	10462, as so amended, is hereby further amended by striking out the words “Any portion of the
123	123	105$10,000,000 annual cap not awarded by the EOHLC in a calendar year shall not be applied to
124	124	106awards in a subsequent year.”
125	125	107 SECTION 2DD. Subdivision (5) of section 38BB of chapter 63, as amended by sections
126	126	108231 and 232 of chapter 7 of the acts of 2023, is hereby further amended by striking out the words
127	127	109“The total amount of credits that may be authorized by EOHLC in a calendar year under this
128	128	110section and subsection (q) of section (6) of chapter 62 shall not exceed $10,000,000 and” and
129	129	111inserting in place thereof the following 3 sentences:- EOHLC may authorize up to $30,000,000
130	130	112in credits annually under this section and subsection (q) of section (6) of chapter 62. In addition,
131	131	113EOHLC may authorize annually (i) any portion of the annual cap on credits not authorized by
132	132	114EOHLC in the preceding calendar years under this section or said subsection (q) of said section
133	133	115(6) of said chapter 62; and (ii) any credits under this section or said subsection (q) of said section 7 of 16
134	134	116(6) of said chapter 62 returned to EOHLC by a certified housing development project. The total
135	135	117amount of credits authorized during a year.
136	136	118 SECTION 2EE. Said subdivision (5) of said section 38BB of said chapter 63, as so
137	137	119amended, is hereby further amended by inserting after the words “chapter 62;” the following
138	138	120word:- and.
139	139	121 SECTION 2FF. Said subdivision (5) of said section 38BB of said chapter 63, as so
140	140	122amended, is hereby further amended by striking out the words “Any portion of the $10,000,000
141	141	123annual cap not awarded by EOHLC in a calendar year shall not be applied to awards in a
142	142	124subsequent year.”
143	143	125 SECTION 3. Section 5 of chapter 128A of the General Laws, as appearing in the 2020
144	144	126Official Edition, is hereby amended by inserting after the word “racing”, in line 257, the
145	145	127following words:- or simulcasting pursuant to chapter 128C.
146	146	128 SECTION 4. Section 2 of chapter 128C of the General Laws, as so appearing, is hereby
147	147	129amended by inserting after the word “simulcast”, in line 14, the following words:- at any location
148	148	130in Suffolk county approved by the commission.
149	149	131 SECTION 5. Said section 2 of said chapter 128C, as so appearing, is hereby further
150	150	132amended by inserting after the word “simulcast”, in line 42, the following words:- at any location
151	151	133in Bristol county approved by the commission:.
152	152	134 SECTION 6. Said section 2 of said chapter 128C, as so appearing, is hereby further
153	153	135amended by inserting after the word “simulcast”, in line 78, the following words:- at any location
154	154	136in Norfolk county approved by the commission:. 8 of 16
155	155	137 SECTION 7. Said section 2 of said chapter 128C, as so appearing, is hereby further
156	156	138amended by inserting after the word “simulcast”, in line 111, the following words:- at any
157	157	139location in Suffolk county approved by the commission.
158	158	140 SECTION 8. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
159	159	141hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
160	160	142chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
161	161	143July 31, 2028.
162	162	144 SECTION 9. The last paragraph of said section 12A of said chapter 494 is hereby
163	163	145amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128 of
164	164	146the acts of 2022, and inserting in place thereof the following words:- July 31, 2028.
165	165	147 SECTION 10. The introductory paragraph of section 13 of said chapter 494 is hereby
166	166	148amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said
167	167	149chapter 128, and inserting in place thereof the following words:- and until July 31, 2028.
168	168	150 SECTION 11. Section 15 of said chapter 494 is hereby amended by striking out the
169	169	151words “and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place
170	170	152thereof the following words:- and until July 31, 2028.
171	171	153 SECTION 12. The first paragraph of section 9 of chapter 277 of the acts of 1986 is
172	172	154hereby amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said
173	173	155chapter 128, and inserting in place thereof the following words:- and until July 31, 2028.
174	174	156 SECTION 13. The first sentence of the first paragraph of section 3 of chapter 114 of the
175	175	157acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by 9 of 16
176	176	158section 6 of said chapter 128, and inserting in place thereof the following words:- and until July
177	177	15931, 2028.
178	178	160 SECTION 14. The last paragraph of said section 3 of said chapter 114 is hereby amended
179	179	161by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and inserting
180	180	162in place thereof the following words:- July 31, 2028.
181	181	163 SECTION 15. The first paragraph of section 4 of said chapter 114 is hereby amended by
182	182	164striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and
183	183	165inserting in place thereof the following words:- and until July 31, 2028.
184	184	166 SECTION 16. The last paragraph of said section 4 of said chapter 114 is hereby amended
185	185	167by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and inserting
186	186	168in place thereof the following words:- July 31, 2028.
187	187	169 SECTION 17. The first paragraph of section 5 of said chapter 114 is hereby amended by
188	188	170striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128, and
189	189	171inserting in place thereof the following words:- and until July 31, 2028.
190	190	172 SECTION 18. Section 45 of chapter 139 of the acts of 2001 is hereby amended by
191	191	173striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting
192	192	174in place thereof the following words:- July 31, 2028.
193	193	175 SECTION 19. Section 20 of chapter 449 of the acts of 2006 is hereby amended by
194	194	176striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting
195	195	177in place thereof the following words:- July 31, 2028. 10 of 16
196	196	178 SECTION 20. Section 92 of chapter 194 of the acts of 2011 is hereby amended by
197	197	179striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting
198	198	180in place thereof the following words:- July 31, 2028.
199	199	181 SECTION 21. Section 112 of said chapter 194 is hereby amended by striking out the
200	200	182words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof
201	201	183the following words:- July 31, 2028.
202	202	184 SECTION 21A. Sections 46, 48, 61, 63 and 124A of chapter 287 of the acts of 2014, as
203	203	185most recently amended by section 26 of chapter 99 of the acts of 2018, are hereby repealed.
204	204	186 SECTION 22. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking
205	205	187out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting in place
206	206	188thereof the following words:- July 31, 2028.
207	207	189 SECTION 22A. Item 1599-0026 of section 2 of chapter 24 of the acts of 2021, as most
208	208	190recently amended by section 171 of chapter 268 of the acts of 2022, is hereby further amended
209	209	191by striking out the words “June 30, 2023” and inserting in place thereof the following words:-
210	210	192June 30, 2024.
211	211	193 SECTION 22B. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021, as
212	212	194amended by section 45 of chapter 2 of the acts of 2023, is hereby further amended by striking out
213	213	195the words “June 30, 2023” and inserting in place thereof the following words:- June 30, 2027.
214	214	196 SECTION 23. Item 3000-7040 of section 2 of chapter 126 of the acts of 2022 is hereby
215	215	197amended by striking out the figure “$320,000” both times it appears and inserting in place
216	216	198thereof, in each instance, the following figure:- $520,000. 11 of 16
217	217	199 SECTION 23A. Item 7008-1116 of section 2 of said chapter 126 is hereby amended by
218	218	200inserting after the words “Outside the Box” the following words:- and such funds shall be made
219	219	201available until June 30, 2024.
220	220	202 SECTION 23B. Item 8000-0313 of said section 2 of said chapter 126 is hereby amended
221	221	203by inserting after the figure “2020” the following words:- and such funds shall be made available
222	222	204until June 30, 2024.
223	223	205 SECTION 24. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby
224	224	206repealed.
225	225	207 SECTION 24A. Subsection (c) of section 19 of chapter 154 of the acts of 2022 is hereby
226	226	208amended by striking out the words “June 1, 2023” and inserting in place thereof the following
227	227	209words:- June 30, 2024.
228	228	210 SECTION 25. The salary adjustments and other economic benefits authorized by the
229	229	211following collective bargaining agreements shall be effective for the purposes of section 7 of
230	230	212chapter 150E of the General Laws:
231	231	213 (1) the agreement between the Commonwealth of Massachusetts and the State Police
232	232	214Association of Massachusetts, Unit 5A and C22;
233	233	215 (2) the agreement between the Commonwealth of Massachusetts and the Alliance,
234	234	216American Federation of State, County and Municipal Employees – SEIU Local 888, Unit 2;
235	235	217 (3) the agreement between the Commonwealth of Massachusetts and the Service
236	236	218Employees International Union, Local 509, Units 8 and 10; 12 of 16
237	237	219 (4) the agreement between the Commonwealth of Massachusetts and the Massachusetts
238	238	220Organization of State Engineers and Scientists, Unit 9;
239	239	221 (5) the agreement between the Commonwealth of Massachusetts and the National
240	240	222Association of Government Employees, Units 1, 3 and 6;
241	241	223 (6) the agreement between the Sheriff of Berkshire County and the Berkshire County
242	242	224Sheriff's Office Employee Association, Unit SB3;
243	243	225 (7) the agreement between the Sheriff of Berkshire County and the Berkshire Correction
244	244	226Officers/IBCO Local R1-297, Unit SB1;
245	245	227 (8) the agreement between the Sheriff of Berkshire County and the Berkshire IUE -CWA,
246	246	228Unit SB2;
247	247	229 (9) the agreement between the Sheriff of Hampshire County and the Hampshire Sheriff’s
248	248	230Office Non-Uniform Correctional Association, Unit SH7;
249	249	231 (10) the agreement between the Sheriff of Hampshire County and the Hampshire Sheriff's
250	250	232Office Treatment Association (SOTA), Unit SH6;
251	251	233 (11) the agreement between the Sheriff of Plymouth County and the Plymouth Superiors
252	252	234NCEU 104, Unit SP1;
253	253	235 (12) the agreement between the Massachusetts State Lottery Commission and the Service
254	254	236Employees International Union, Local 888, Unit LT1;
255	255	237 (13) the agreement between the University of Massachusetts and the Massachusetts
256	256	238Society of Professors MTA/NEA, Amherst Campus, Unit A50; 13 of 16
257	257	239 (14) the agreement between the University of Massachusetts and the Boston Public
258	258	240Safety Officers NEPBA L90, Unit B33;
259	259	241 (15) the agreement between the University of Massachusetts and the International
260	260	242Brotherhood of Teamsters, L25, Public Safety Lieutenants, Unit B3L;
261	261	243 (16) the agreement between the University of Massachusetts and the International
262	262	244Brotherhood of Teamsters, L25, Officers, Unit B3S;
263	263	245 (19) the agreement between the University of Massachusetts and the Head Coaches
264	264	246MTA/NEA Professional Staff Union Unit C, Unit B45;
265	265	247 (20) the agreement between the University of Massachusetts and the Boston Department
266	266	248Chairs Union/MTA/NEA, Unit B50;
267	267	249 (21) the agreement between the University of Massachusetts and the Non-Faculty -
268	268	250Maintenance & Trades MTA, Lowell Campus, Unit L93;
269	269	251 (22) the agreement between the University of Massachusetts and the Non-Faculty - Police
270	270	252Officers Teamsters L25, Lowell Campus, Unit L94;
271	271	253 (23) the agreement between the Essex North and South registry of deeds and the
272	272	254American Federation of State, County, and Municipal Employees, Local 653, Unit SC3;
273	273	255 (24) the agreement between the Sheriff of Suffolk County and the National Association
274	274	256of Government Employees, Local 298, Unit SS2;
275	275	257 (25) the agreement between the Sheriff of Suffolk County and the American Federation
276	276	258of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3; 14 of 16
277	277	259 (26) the agreement between the Sheriff of Suffolk County and the American Federation
278	278	260of State, County and Municipal Employees/AFL-CIO, Council 93, Local 3643, Unit SS5;
279	279	261 (27) the agreement between the Sheriff of Franklin County and the National Correctional
280	280	262Employees Union, Local 106, Unit SF1;
281	281	263 (28) the agreement between the Sheriff of Franklin County and the Franklin Sheriff’s
282	282	264Office Non-Unit Employer’s Association, Unit SF3;
283	283	265 (29) the agreement between the Sheriff of Worcester County and the New England Police
284	284	266Benevolent Association, Local 275, Unit SW2;
285	285	267 (30) the agreement between the Sheriff of Worcester County and the New England Police
286	286	268Benevolent Association, Local 515, Unit SW5;
287	287	269 (31) the agreement between the Sheriff of Hampshire County and the Hampshire
288	288	270Sheriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association,
289	289	271Unit SH3;
290	290	272 (32) the agreement between the Sheriff of Worcester County and the National
291	291	273Association of Government Employees, Local R1-255, Unit SW4; and
292	292	274 (33) the agreement between the Massachusetts Board of Higher Education and the
293	293	275Massachusetts Community College Council.
294	294	276 SECTION 26. Notwithstanding section 38G of chapter 71 of the General Laws or any
295	295	277other general or special law to the contrary, the commissioner of education, for school years
296	296	2782023 and 2024, may issue a temporary certificate to a registered nurse who has not satisfied the
297	297	279certification testing requirements pursuant to said section 38G of said chapter 71 and who: (i) is 15 of 16
298	298	280authorized to practice as a registered nurse in the commonwealth pursuant to section 74 of
299	299	281chapter 112 of the General Laws; and (ii) has been employed as a registered nurse pursuant to
300	300	282clause (i) for not less than 3 years.
301	301	283 SECTION 27. Notwithstanding section 2 of chapter 128A of the General Laws, sections
302	302	2841, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said section 128C, as
303	303	285inserted by section 6 of chapter 173 of the acts of 2022, or any other general or special law to the
304	304	286contrary, the running race horse meeting licensee located in Suffolk county licensed to conduct
305	305	287live racing pursuant to said chapter 128A and simulcast wagering pursuant to said chapter 128C
306	306	288in calendar year 2023 shall remain licensed as a running horse racing meeting licensee and shall
307	307	289remain authorized to conduct simulcast wagering pursuant to said chapter 128C until the later of
308	308	290July 31, 2028 or the expiration of the term of a category 2 sports wagering license, pursuant to
309	309	291chapter 23N of the General Laws, held by such licensee as of July 31, 2028 or any renewal
310	310	292thereof; provided, however, that the days between January 1, 2023 and December 31, 2028 shall
311	311	293be dark days pursuant to said chapter 128C and the licensee shall be precluded from conducting
312	312	294live racing during that period unless it applies for and is granted a supplemental live racing
313	313	295license pursuant to said chapter 128A; provided further, that the licensee shall not simulcast or
314	314	296accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to section 9 of
315	315	297chapter 128C of the General Laws; provided further, that all simulcasts shall comply with the
316	316	298Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et seq. or other applicable federal law;
317	317	299provided further, that all simulcasts from states which have racing associations that do not
318	318	300require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C.
319	319	3013004(a)(1)(A) shall require the approval of the New England Horsemen’s Benevolent &
320	320	302Protective Association prior to being simulcast to a racing meeting licensee within the 16 of 16
321	321	303commonwealth; and provided further, that if the association agrees to approve the simulcast for 1
322	322	304racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting
323	323	305licensees.
324	324	306 SECTION 28. Notwithstanding any general or special law to the contrary, the department
325	325	307of public utilities shall have authority to allow recovery by the electric distribution companies of
326	326	308transmission service agreement expenditures and payments associated with clean energy
327	327	309generation power purchase agreements previously approved by the department following a
328	328	310competitive solicitation and procurement conducted under section 83D of chapter 169 of the acts
329	329	311of 2008, as inserted by section 12 of chapter 188 of the acts of 2016, and amended thereafter in
330	330	312connection with a change in law in the state of Maine, subsequently causing suspension of
331	331	313development construction; provided, that the department shall allow recovery for such
332	332	314expenditures and payments that the department determines to be associated with the subsequent
333	333	315construction delay.
334	334	316 SECTION 29. Notwithstanding any general or special law to the contrary, in calendar
335	335	317year 2023, the executive office of housing and livable communities may authorize up to
336	336	318$57,000,000 in credits under subsection (q) of section (6) of chapter 62 of the General Laws and
337	337	319section 38BB of chapter 63 of the General Laws. Any portion of this amount that is not
338	338	320authorized in calendar year 2023 shall be added to the amount the executive office of housing
339	339	321and livable communities may authorize in subsequent years under said subsection (q) of said
340	340	322section (6) of said chapter 62 and said section 38BB of said chapter 63.
341	341	323 SECTION 30. Sections 2AA to 2FF, inclusive, shall apply to tax years beginning on or
342	342	324after January 1, 2024.