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HOUSE . . . . . . . . . . . . . . . No. 4055
The Commonwealth of Massachusetts
——————————————
SO MUCH OF THE MESSAGE
FROM
HER EXCELLENCY THE GOVERNOR
RETURNING THE GENERAL APPROPRIATION BILL
FOR FISCAL YEAR 2024
(SEE HOUSE, NO. 4040)
AS RELATES TO ATTACHMENTS A THROUGH G,
FOR ITEMS RETURNED WITH REDUCTIONS
OR DISAPPROVALS OF WORDING
UNDER THE PROVISIONS OF
SECTION 5 OF ARTICLE LXIII
AND SECTIONS RETURNED WITH
RECOMMENDATIONS OF AMENDMENTS
UNDER THE PROVISIONS OF ARTICLE LVI
OF THE AMENDMENTS TO THE CONSTITUTION.
——————
August 9, 2023.
————— 2 of 33
HOUSE DOCKET, NO. 4517 FILED ON: 8/9/2023
HOUSE . . . . . . . . . . . . . . . No. 4055
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON , MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
August 9, 2023
To the Honorable Senate and House of Representatives,
Pursuant to Section 5 of Article 63 of the Amendments to the Constitution, we are today
signing House Bill 4040, “An Act Making Appropriations for the Fiscal Year 2024 for the
Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the
Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain
Permanent Improvements,” and returning certain portions to you for reconsideration.
The Fiscal Year 2024 (FY24) budget represents the first this administration will sign. We
appreciate the partnership with the Legislature on a budget that will make Massachusetts more
affordable, competitive, and equitable. We thank the Legislature for returning a conference
report that furthers our shared values and delivers tangible benefits for the people of the
Commonwealth. We recognize the time, effort, and thoughtfulness that went into producing this
tremendous result.
The budget we are signing today supports our public schools, institutions of higher
education, public transit, and our state’s ability to prepare for and protect against the impacts of
climate change. It makes historic investments in workforce development programs, such as Early
College and Innovation Pathways, Career Technical Institutes, and Registered Apprenticeship
Programs. Importantly, the blueprint established by this budget will fully fund another year of
the Student Opportunity Act, increase unrestricted local aid to cities and towns above the
consensus revenue growth rate, expand college financial aid, and make community college free
for thousands of students through our new MassReconnect program.
This budget will also boost spending within the Executive Office Energy and
Environmental Affairs to 1 percent of the state budget, a goal we set out to achieve when we 3 of 33
filed House 1 in March. This spending will help address climate change and environmental
justice in Massachusetts and, through that work, support workforce development to meet the
needs of the new green economy, electrification of our transportation system, and
decarbonization in the building space.
I am proud that, for the first time, this budget incorporates $1 billion in new revenue
made available through the Fair Share surtax and builds a structure to ensure that, this year and
in future years, revenue from the Fair Share surtax will be spent the way voters intended – on
education and transportation. That includes $25 million to reduce the income-eligible waitlist for
childcare slots, funding to support the permanent expansion of universal school meals,
scholarships for nursing students, funds for municipal roadways and regional transit, and $180.8
million in capital investments at the MBTA.
All this progress is possible because the state’s economy continues to be strong. This
budget incorporates a consensus revenue estimate for Fiscal Year 2024 of $40.41 billion, a 1.6
percent increase over adjusted Fiscal Year 2023 projected revenue, in addition to the new
funding available through the Fair Share surtax. We also anticipate a $525 million transfer to the
state’s stabilization account from excess capital gains unavailable to the budget, which will push
our reserve balance to over $8.5 billion.
We continue to believe that this estimate is reasonable given the current fiscal outlook.
We must not, however, lose sight of the need for tax relief. We are encouraged to see the
conference report set aside $580 million in Fiscal Year 2024 for tax relief. The people of
Massachusetts are relying on us to get tax relief done as soon as possible. We look forward to
continuing to work with our partners in the House and Senate to make Massachusetts a more
affordable and equitable place for individuals and families to not only live but thrive by ensuring
we can continue to compete for jobs, business growth, and economic expansion. Permanent tax
relief will complement the many investments we are making in furtherance of these goals.
We must also be good stewards of our residents’ tax dollars by ensuring that the spending
we commit to permanent programming can be sustained moving forward. Accordingly, I am
vetoing Section 100 which proposes to transfer $205 million in one-time funds from the
Transitional Escrow Fund to the General Fund. We are making corresponding line-item
reductions to ensure the budget is structurally balanced.
One-time transitional funds are transitory. They were built up through several years of
significant surplus. They can and should be used to support one-time needs, and we look forward
to working with the Legislature to identify transformational investments that can be made with
these funds.
Permanent programming, however, should be supported by ongoing resources. We
should refrain from tapping into one-time Transitional Escrow funds to support programming
that we intend to be permanent. Such programming includes the expansion of universal school 4 of 33
meals and the Commonwealth Cares for Children (C3) grant program that supports early
education and care providers. These programs are important enough to demand permanent
funding.
Therefore, I am vetoing approximately $272.42 million in gross spending across 35 line-
items, netting $205 million after revenue offsets. We are also making sure that universal school
meals and C3 grants are fully funded in Fiscal Year 2024, and we are signing the section of the
budget aimed at making the policy of universal school meals permanent.
We are reducing appropriation amounts in items of Section 2 of House 4040 that are
enumerated in Attachment A of this message, by the amount and for the reasons set forth in that
amendment.
We are disapproving, or striking wording in, items of Section 2 of House 4040 also set
forth in Attachment A, for the reasons set forth in that attachment.
After vetoes, the $55.98 billion budget we are signing today represents an approximately
5.1 percent increase over Fiscal Year 2023, not including collective bargaining costs, which have
been held aside.
FY24 Budget Highlights:
Fair Share
• $524 million for education:
o $71 million for early education and care will increase childcare slots for income-
eligible families and put the Commonwealth on a path to universal Pre-K
o $224 million for K-12 education will guarantee access to free meals for students
across the Commonwealth, expand pathways for high school students to earn college degrees and
fund clean energy infrastructure in schools
o $229 million for higher education will help make community college and a four-
year degree more accessible through the MassReconnect program and the expansion of financial
aid
• $477 million for transportation will:
o Preserve critical highway bridge infrastructure
o Improve accessibility at MBTA stations
o Pilot means-tested MBTA fares 5 of 33
o Create a path for regional transit authorities to pilot innovative services and
increase rural connectivity
Education and Local Aid
• Fully funds the Student Opportunity Act, including a $594 million, or 9.9 percent,
increase in Chapter 70 funding
• Provides $475 million for Commonwealth Cares for Children (C3) grants to
early-education providers
• Provides $10 million for a career pathways program for early educators
• Extends in-state tuition rates at the state’s public universities to students without
documentation
• Funds a 3.2 percent increase to Unrestricted General Government Aid
• Includes major increases of $21.3 million for school transportation reimbursement
and $9.5 million in rural school aid
• Fully funds Special Education Circuit Breaker
• Increases payments in lieu of taxes (PILOT) for state-owned land by $6.5 million
or 14 percent
Housing and Homelessness
• Supports the creation of the new Executive Office of Housing and Livable
Communities
• Creates 750 new Massachusetts Rental Voucher Program (MRVP) vouchers for
low-income tenants
• Creates 150 new Alternative Housing Voucher Program (AHVP) vouchers for
individuals with disabilities, including, for the first time, 50 project-based vouchers
• Makes eviction protections permanent for renters with pending EA applications
• Reauthorizes the Brownfields Tax Credit recommended in our tax relief package
• Increases funding to address and prevent homelessness:
o $324 million for the Emergency Assistance Family Shelter (EA) program,
representing a 48 percent increase over Fiscal Year 2023 6 of 33
o $37 million for HomeBASE to connect EA-eligible families with more permanent
housing opportunities
Economic Development
• Funds $6.5 million in targeted initiatives at the Massachusetts Technology
Collaborative to support workforce, manufacturing, cybersecurity, and the innovation economy
• Provides $5 million for Small Business Technical Assistance Grants to leverage
the expertise of nonprofits to offer technical assistance, education, and access to capital for small
businesses
• Provides $600,000 for the Massachusetts Downtown Initiative for municipalities
looking to revitalize their downtowns
Health and Human Services
• Dedicates $173 million to Chapter 257 rate increases for human service providers
• Includes an increase of $44.6 million for behavioral health initiatives at the
Department of Mental Health to expand inpatient and community capacity
• Includes an additional $6.1 million for immigrant and refugee services, including
$1.8 million for health assessments and $1.5 million for employment programs
• Provides $2.75 million for Technology Forward to provide assistive technology
and remote support or monitoring
• Supports a pilot to expand subsidized ConnectorCare coverage to individuals at or
below 500 percent of the federal poverty limit
• Expands access to contraceptives by allowing pharmacists to prescribe and
dispense hormonal contraceptives
Workforce Development
• Provides $16.2 million for Summer Jobs Program for At-Risk Youth
(Youthworks) to subsidize wages and facilitate career development for at-risk youth
• Provides $15.4 million for Career Technical Institutes
• Includes $3.8 million for the Registered Apprenticeship Program to fund
approximately 1,000 placements
Serving Our Veterans 7 of 33
• Funds the new Veterans’ Services at $185.6 million, a $11.4 million, or 7 percent,
increase from FY23 GAA
• Supports preparations for the opening of new Soldiers’ Homes facilities:
o Chelsea’s long-term care transition from the Quigley Building to Community
Living Center will begin March 2023
o Holyoke’s replacement of its long-term care facility by 2027, currently in the
design phase with DCAMM
• Invests in payroll and overtime costs for nursing staff at the Soldiers’ Homes
Transportation
• Includes $100 million for a new Municipal Partnership grant program for a road
construction reserve
• Provides $28 million for implementation of the Work and Family Mobility Act,
including extended RMV service hours
• Provides $200 million for MBTA capital investments, including station
accessibility and improvements and design for the Red-Blue connector
• Directs $20 million to the MBTA Workforce Safety Reserve, which can be used
to support employee recruitment and retention
• Provides $5 million for implementation of means-tested fares
• Includes $15 million for fare-free pilot programs at Regional Transit Authorities
Energy and the Environment
• Appropriates 1 percent of total FY24 GAA spending to the Executive Office of
Energy and Environmental Affairs, which includes:
o $25 million to permanently support Food Security Infrastructure Grants
o $30 million for the Massachusetts Clean Energy Center to support wind
technology, clean homes, and workforce training programs in the clean energy industry
o $4.8 million for a decarbonization clearinghouse for energy efficiency,
electrification, and storage
o $5 million to address deferred maintenance at Department of Conservation and
Recreation parks and facilities 8 of 33
Criminal Justice and Public Safety
• Provides funding for re-entry pathways, including green career training programs
• Supports new and enhanced training requirements through the POST Commission
and Municipal Police Training Committee
• Provides $2 million to establish a Safe Neighborhood Initiative, a collaborative
effort between law enforcement and community leaders to develop comprehensive solutions to
reduce crime and protect communities
Technology and Cybersecurity
• Provides $9.2 million in additional cybersecurity investments, including $2.6
million in software licenses for web security, network endpoint protection, and threat detection
• Supports continued consolidation of IT services for executive branch departments
We appreciate the work of the Legislature in delivering the FY24 conference report that
we are signing today and the thoughtfulness that went into the final legislation. With that in
mind, we are signing 103 of the 112 outside sections included in the budget, returning 8 sections
with amendments, and returning 1 section. We are hopeful the House and Senate will work with
us to refine the proposals returned with amendment so that we can sign them in short order.
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the
Constitution of the Commonwealth, we are returning sections 8, 15, 50, 57, 85, 87, 101, and 111
with recommendations for amendment and vetoing section 100. Our reasons for doing so and
the recommended amendments are set forth in separate letters that are dated today and included
with this message as Attachments B to G, inclusive.
Respectfully Submitted,
MAURA T. HEALEY /S/ KIMBERLEY DRISCOLL /S/
Maura T. Healey Kimberley Driscoll
Governor Lieutenant Governor 9 of 33
Attachment A
FY24 Budget
Veto Items: Line Item Accounts
Item Number Action Reduce By Reduce To
Sewer Rate Relief Funding
1231-1000 Veto 1,500,000 0
I am vetoing this item because it is not consistent with my House 1 recommendation.
Civics Education Trust Fund
1595-0115 Reduce 1,000,000 1,500,000
I am reducing this item to the amount projected to be necessary. This account funds a trust fund, which
has a carry forward balance. The balance with the addition of the transfer proposed here is sufficient to
meet projected demand.
Transfer to Workforce Competitiveness Trust Fund
1595-1075 Reduce 10,000,000 10,000,000
I am vetoing this item because it is not consistent with my House 1 recommendation. This fund has
substantial funding available to support workforce-related program goals due to funding appropriated in
the American Rescue Plan Act and record high state contributions.
Toxics Use Retained Revenue
2210-0106 Reduce 1,136,978 2,888,473
I am vetoing this item because it is not consistent with my House 1 recommendation. 10 of 33
Item Number Action Reduce By Reduce To
Center-Based Child Care Rate Increase
3000-1042 Veto 35,000,000 0
I am vetoing this item because it is not consistent with my House 1 recommendation. This account
appropriates funds to assist the early education workforce with personal child care costs. Sufficient
funding exists elsewhere in the budget and through FY23 carry forward to meet projected demand. This
account also provides funding to increase reimbursement rates at center-based child care providers, but
excludes family child care centers from accessing these funds. Excluding family child care centers creates
an inequity across different segments of the child care system. Line-item 3000-1041, filed by the
administration and included in this budget, provides for an equitable rate increase at both center-based
and family child care providers. In total, this budget includes $45 M in funding for child care provider
rate increases.
Grants to Head Start Programs
3000-5000 Reduce 1,000,000 16,500,000
I am reducing this item to the amount projected to be necessary. The adjusted funding level proposed here
is consistent with the FY23 GAA and sustains significant expansion to this line-item in recent fiscal
years.
Parent-Child Plus Program
3000-7052 Reduce 250,000 4,000,000
I am reducing this item to the amount projected to be necessary. The adjusted funding level proposed here
is consistent with the FY23 GAA and sustains significant expansion to this line-item in recent fiscal
years.
MassHealth Fee for Service Payments
4000-0700 Reduce 142,850,000 3,601,016,357
I am reducing this item to the amount projected to be necessary.
Soldiers' Home in Massachusetts Administration
4180-0100 Reduce 859,000 48,420,108
I am reducing this item to an amount consistent with my House 1 recommendation, as additional funds
are not needed to maintain operations at the Chelsea Soldiers' Home. My administration filed a $1.7 M
PAC in the March supplemental budget to further support operations at Chelsea in FY24. 11 of 33
Item Number Action Reduce By Reduce To
State Supplement to Supplemental Security Income
4405-2000 Reduce/Strike Wording 7,000,000 202,700,528
I am striking language that earmarks funding for a program that can be funded within the FY24 GAA. I
am reducing this item to an amount consistent with my House 1 recommendation.
Emergency Aid to the Elderly Disabled and Children
4408-1000 Reduce/Strike Wording 18,000,000 186,409,929
I am striking language that earmarks funding for a program that can be funded within the FY24 GAA. I
am reducing this item to the amount projected to be necessary based on updated projections of caseload.
Children's Advocacy Centers
4510-0811 Reduce 950,000 4,050,000
I am reducing this item to the amount projected to be necessary. This will allow the program to continue
its current level of services.
Bureau of Substance Addiction Services
4512-0200 Reduce 2,800,000 216,694,161
I am reducing this item to the amount projected to be necessary. Amount typically reverts and veto is not
expected to cause an operational impact. Additional funding sources for substance use disorder programs
include Substance Use Disorder Federal Reinvestment Trust Fund and Opioid Recovery and Remediation
Fund.
Grants to Local Boards of Health
4512-2022 Reduce 4,988,680 10,061,320
I am reducing this item to the amount projected to be necessary. $197.0 M is available through American
Rescue Plan Act funding to achieve the objectives of this line item to enhance the local public health
system through data and performance tracking, workforce development, and grants. 12 of 33
Item Number Action Reduce By Reduce To
Samaritans Inc Suicide Prevention Services
4513-1027 Reduce/Strike Wording 1,400,000 400,000
I am reducing this item to an amount consistent with my House 1 recommendation. The program goals
are sufficiently funded through an expansion in the Suicide Prevention and Intervention line item (4513-
1026).
Public Health Hospitals
4590-0915 Reduce/Strike Wording 700,000 194,067,937
I am striking language that earmarks funding for a program, and I am reducing this item to an amount
consistent with my House 1 recommendation. Sufficient funding is available to meet the goals stated in
the earmark language.
Prostate Cancer Research
4590-0925 Reduce 250,000 1,000,000
I am reducing this item to the amount projected to be necessary. This will allow the program to continue
its current level of services.
DCF Family Resource Centers
4800-0200 Reduce/Strike Wording 5,992,481 27,807,519
I am striking language that earmarks funding for a program. The earmarked funds are not necessary to
support the activities of the program.
Adult Mental Health and Support Services
5046-0000 Reduce 3,750,000 596,627,446
I am reducing this item to the amount projected to be necessary due to savings from delayed
implementation of the emergency room diversion program. 13 of 33
Item Number Action Reduce By Reduce To
Autism Division
5920-3010 Reduce 2,000,000 10,940,691
I am reducing this item to an amount consistent with my House 1 recommendation, as the additional
funding is not needed to meet the goals of the program.
Summer Jobs Program for At-Risk Youth
7002-0012 Reduce 6,100,000 16,240,000
I am vetoing this item because it is not consistent with my House 1 recommendation. This program has
substantial alternative funding available through the American Rescue Plan Act, and this veto will not
result in any reductions in programming.
Community Action Agency Operating and Outreach
7002-0025 Veto 7,675,000 0
I am vetoing this item because its original purpose was specifically tied to addressing the COVID-19
pandemic.
Community Foundation Grants
7002-2022 Veto 5,000,000 0
I am vetoing this item because its original purpose was specifically tied to addressing the COVID-19
pandemic.
Massachusetts Service Alliance
7003-1206 Reduce 880,000 1,400,000
I am vetoing this item because it is not consistent with my House 1 recommendation. This is a
passthrough and will not impact core Executive Office of Labor and Workforce Development
programming. 14 of 33
Item Number Action Reduce By Reduce To
Homeless Individual Shelters
7004-0102 Reduce/Strike Wording 40,000 110,752,398
I am striking language that earmarks funding for a program within this line item that recently had an
open, competitive procurement for available funding. Maintaining this earmark language could create
unintended consequences around procurement in the future.
Home and Healthy for Good Program
7004-0104 Reduce/Strike Wording 2,500,000 6,390,000
I am striking language that earmarks funding not necessary for the operation of the program, and I am
reducing this item to the amount projected to be necessary.
Housing Services and Counseling
7004-3036 Reduce 774,000 9,700,000
I am reducing this item to the amount projected to be necessary.
Loan Originator Administration and Consumer Couns
7006-0011 Reduce 1,500,000 1,550,000
I am striking language that earmarks funding for a program already included in FY24 GAA base level
funding, and I am reducing this item to the amount projected to be necessary.
Department of Telecommunications and Cable
7006-0071 Reduce/Strike Wording 25,000 3,307,411
I am striking language that earmarks funding on an account, the costs for which are assessed on the
industry.
Regional Economic Development Grants
7007-0150 Reduce 500,000 1,500,000
I am reducing this item to the amount projected to be necessary. This reduction is not projected to cause
operational impact. 15 of 33
Item Number Action Reduce By Reduce To
English Language and Literacy Programs
7010-0033 Reduce/Strike Wording 300,000 5,366,731
I am striking language that earmarks funding for a program inconsistent with my House 1
recommendation.
Advanced Placement Math and Science Programs
7035-0035 Reduce 100,000 3,292,809
I am reducing this item to the amount projected to be necessary based on historical spending in this line-
item.
Special Education Circuit Breaker Reimbursement
7061-0012 Reduce 5,601,240 498,972,361
I am reducing this item to the amount projected to be necessary. This budget contains language that will
carry forward approximately $5.6 M of unspent FY23 funding to support FY24 costs in this line-item.
The amount as adjusted here, in combination with that additional funding, is sufficient to meet projected
demand. The administration has separately filed for $75 M in a FY23 supplemental budget to further
support school districts with escalating out-of-district costs.
Pre- and Post-Release Services Grant Program
8000-0655 Reduce 1,000,000 6,000,000
I am reducing this item to the amount projected to be necessary. Program goals are sufficiently funded at
recommended funding level.
Nonprofit Security Grant Pilot Program
8000-1127 Reduce 2,500,000 1,500,000
I am reducing this item to an amount consistent with my House 1 recommendation. Alternate funding for
this purpose was appropriated in the American Rescue Plan Act (Chapter 268 of the Acts of 2022). 16 of 33
Attachment B
FY24 Budget
Veto Item: Outside Sections
Fund Transfer
Section 100
I am vetoing this section because a transfer of one-time resources to fund ongoing spending operations is
not considered a best practice and may be viewed negatively by rating agencies when assessing the
Commonwealth’s fiscal strength. Upon review of the Conference Report, I have identified corresponding
spending reductions that will allow the Commonwealth to deliver a balanced budget without relying on
the one-time funding sources identified in this section. 17 of 33
HOUSE DOCKET, NO. 4517 FILED ON: 8/9/2023
HOUSE . . . . . . . . . . . . . . . No. 4055
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON , MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
ATTACHMENT C
August 9, 2023
To the Honorable Senate and House of Representatives,
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the
Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment
Sections 8 and 101 of House Bill No. 4040, “An Act Making Appropriations for the Fiscal Year
2024 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain
Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and
for Certain Permanent Improvements.”
Section 8 requires the Highway Division of the Massachusetts Department of
Transportation (MassDOT) to establish a new department and a new licensure process to oversee
quarries producing concrete aggregate. The provision also expands concrete testing lab services
to residential and private entities. Section 101 provides an effective date of December 31, 2023
and requires MassDOT to promulgate regulations by that same date.
I fully support this proposal as it addresses a challenge faced by many homeowners and
communities in the Commonwealth. Concrete contaminated with pyrite and pyrrhotite can
weaken construction , drastically reducing the strength and limiting the lifespan of buildings and
infrastructure, and resulting in significant financial harm to unassuming homeowners,
municipalities, and the Commonwealth. As we work to replenish our housing supply, we must
ensure that construction is completed with quality materials.
Establishing an efficient and meaningful licensing program will require time.
MassDOT will need more than five months to establish a new department, recruit and retain
necessary personnel, promulgate regulations, and develop a new licensure process. Delaying the
effective date of this proposal to July 1, 2024 will allow MassDOT to complete these actions in
an orderly way and effectively achieve the aims of the new law. 18 of 33
For these reasons, I recommend that the bill be amended by striking out sections 8 and 101
and inserting in place thereof the following 2 sections :-
SECTION 8. Chapter 6C of the General Laws is hereby amended by adding the
following section:-
Section 79. (a) For the purposes of this section, the following words shall, unless the
context clearly requires otherwise, have the following meanings:
“Aggregate”, granular materials such as gravel, sand and crushed rock that may be used
individually or are combined for a particular purpose.
“Certified professional geologist”, a professional geologist certified by the American
Institute of Professional Geologists.
“Concrete aggregate”, natural sand, natural gravel or crushed aggregate products
produced from ledge rock.
“Licensed professional geologist”, a professional geologist certified by: (i) examination
through the National Association of State Boards of Geology; or (ii) a state’s licensing authority
that follows the national standards of the National Association of State Boards of Geology’s
licensing program or its equivalent.
(b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand
and gravel operation or any other aggregate source for the purpose of producing concrete
aggregate for sale or use in foundations, structural elements or infrastructure, including, but not
limited to, roadways and bridges, shall submit to the department and the state geologist an
application for a license to conduct such activity.
Each license application shall consist of: (i) a description of the geographic location of
the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing,
storage and quality control methods; (iii) a geological source report, consistent with subsection
(c); and (iv) the results of aggregate testing for the presence of pyrite and pyrrhotite, consistent
with subsection (d). Each license application shall be accompanied by a fee as established by the
department. Fees received by the department under this section shall be used to implement this
section; provided, however, that any surplus fee receipts shall be deposited into the General
Fund.
(c) An applicant under this section shall prepare a geological source report as required
under subsection (b). Such report shall be prepared by a certified professional geologist, licensed
professional geologist or an equivalent acceptable to the state geologist in a form and manner
prescribed by the department, developed in consultation with the state geologist, a representative
nominated by the Massachusetts Aggregate & Asphalt Pavement Association, Inc. and a
representative nominated by the Massachusetts Concrete & Aggregate Producers Association, 19 of 33
Inc., and shall include, but shall not be limited to: (i) a description of the characteristics of the
aggregate to be excavated at the aggregate source location; (ii) a description of the products to be
produced at such location; and (iii) a copy of the results of an inspection of face material and
geologic log analysis, which shall be conducted not more than 60 days prior to the date of the
report. A geological source report prepared under this subsection shall be valid for a period of 1
year from the date of preparation.
(d) Aggregate testing to identify the presence of pyrite and pyrrhotite required under
subsection (b) shall include, but shall not be limited to, a total sulfur test to measure total sulfur
content in a representative sample. Aggregate testing shall be performed by an accredited
laboratory in accordance with applicable standards established by American Society of Testing
and Materials International or alternate standards to be determined by the department in
consultation with the state geologist.
(e) The secretary or a designee, in consultation with the state geologist, shall review each
license application submitted pursuant to this section and notify each applicant whether the
license has been approved and any applicable conditions of operation. If the application is
denied, the notification shall include the reason for denial. A license granted under this section
shall be valid for 1 year from the date of approval; provided, however, that a license may be
renewed after it expires. The department shall state the aggregate testing requirements
established under subsection (d) in the license application; provided, however, that the state
geologist may request additional testing or information during the review of a license
application. The department may modify testing requirements and application criteria at its
discretion.
The department may issue a license valid for more than 1 year to an applicant that has
submitted geological source reports and been approved for a license for 5 consecutive years;
provided, however, that the licensee shall be required to submit annual geologic source reports as
a condition for receiving such license.
(f) A person owning or operating an aggregate source, subject to licensure pursuant to
this section, shall maintain all records relevant to such licensure and operation, including, but not
limited to, a record of sale for all aggregate, for not less than 30 years.
(g) A person owning or operating a concrete production facility for the purpose of
producing concrete for sale or use in foundations, structural elements or infrastructure, including,
but not limited to, roadways and bridges, and who is in receipt of aggregate material from a
source licensed pursuant to this section, shall maintain a record of the aggregate used in
individual concrete batches for not less than 30 years.
(h) The department, in consultation with the state geologist, shall maintain all data
collected under this section. 20 of 33
(i) Nothing in this section shall affect the operations of quarries producing aggregate for
purposes other than those described in subsection (b).
(j) The department, in consultation with the state geologist, shall promulgate regulations
to implement this section.
SECTION 101. Section 79 of chapter 6C of the General Laws, inserted by section 8, shall
take effect on July 1, 2024; provided, however, that entities licensed to operate a quarry or sand
and gravel operation in the commonwealth before the effective date of this act that are affected
by said section 79 of said chapter 6C shall meet the requirements of said section 79 of said
chapter 6C not later than July 1, 2024; and provided further, that any work conducted by such an
entity prior to July 1, 2024 shall comply with existing regulations.
Respectfully submitted,
MAURA T. HEALEY /S/
Maura T. Healey
Governor 21 of 33
HOUSE DOCKET, NO. 4517 FILED ON: 8/9/2023
HOUSE . . . . . . . . . . . . . . . No. 4055
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON , MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
ATTACHMENT D
August 9, 2023
To the Honorable Senate and House of Representatives,
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the
Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment
Section 15 of House Bill No. 4040, “An Act Making Appropriations for the Fiscal Year 2024 for
the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of
the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain
Permanent Improvements.”
Section 15 proposes that the Alcoholic Beverages Control Commission enforce, regulate,
and control the distribution of alcoholic beverages consumed in gaming establishments but not
within gaming areas. Under current law, the Massachusetts Gaming Commission holds primary
enforcement authority over the distribution of alcoholic beverages within gaming establishments,
with the Alcoholic Beverage Control Commission providing investigative support. Section 15
would alter the division of enforcement authority between the Commissions in some, but not all,
respects.
I am concerned that this section begins, but does not complete, the important work of
reviewing and fine-tuning alcohol enforcement authority in gaming establishments. The
language in Section 15 amends some but not all of the existing enforcement statutes, creating the
risk or appearance of conflict with provisions of G.L. c. 23K, § 6(g) and G.L. c. 10, § 72A.
I note that the Expanded Gaming Act was signed into law in 2011, creating the category
of gaming beverages licenses for the first time. As gaming has grown and developed over the
past decade, the structure for regulating these licenses is in need of review and may be in need of
change. Therefore, I recommend that this section be amended to require the Alcoholic Beverages 22 of 33
Control Commission and the Massachusetts Gaming Commission to study alcohol regulation and
enforcement in gaming establishments, including in restaurants and bars within gaming
establishments but not in gaming areas. I also recommend that the Commissions review the
effectiveness of their ongoing enforcement partnership.
For the reasons stated above, I recommend that section 15 be amended by striking out the
section and inserting in place thereof the following section:-
SECTION 15. The Alcoholic Beverages Control Commission and Massachusetts Gaming
Commission shall study and report on the status of alcohol enforcement in gaming
establishments, including in restaurants and bars within gaming establishments but not in gaming
areas, and review the effectiveness of the ongoing collaborative relationship that exists between
the Alcoholic Beverages Control Commission and Massachusetts Gaming Commission. In their
review, the Alcoholic Beverages Control Commission and the Massachusetts Gaming
Commission shall seek input from stakeholders, including but not limited to gaming licensees,
vendors and contractors that hold or operate under gaming establishment liquor licenses.
A report of their findings, including any legislative or regulatory recommendations, shall
be filed with the clerks of the house of representatives and senate, the joint committee on
consumer protection and professional licensure, and the joint committee on economic
development and emerging technologies not later than April 1, 2024.
Respectfully submitted,
MAURA T. HEALEY /S/
Maura T. Healey
Governor 23 of 33
HOUSE DOCKET, NO. 4517 FILED ON: 8/9/2023
HOUSE . . . . . . . . . . . . . . . No. 4055
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON , MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
ATTACHMENT E
August 9, 2023
To the Honorable Senate and House of Representatives,
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the
Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment
Sections 50, 85, and 111 of House Bill No. 4040, “An Act Making Appropriations for the Fiscal
Year 2024 for the Maintenance of the Departments, Boards, Commissions, Institutions and
Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond
Requirements and for Certain Permanent Improvements.”
Sections 50, 85, and 111 provide unlimited free phone calls to incarcerated individuals in
the custody of state and county correctional facilities, retroactive to July 1, 2023. The provisions
also require the Department of Corrections and county Sheriff’s Departments to consolidate
contracts to increase purchasing power and create more leverage in contract negotiations.
I wholeheartedly support the aim of these sections which, as appearing in the conference
report, build upon language I proposed in H.1. Ensuring access to free phone calls is a
meaningful step on the path of criminal justice reform and recognizes the importance of building
connections between those who are incarcerated and those who care about them on the outside.
These provisions have long been the subject of vocal advocacy and have strong support from
many stakeholders. I commend the Legislature for adopting this very important policy. However,
as written, the proposal is retroactive, posing serious implementation challenges, and
underfunded by $20M in the budget. To achieve our shared goals, I am recommending that the
effective date of these sections be delayed to December 1, 2023. This adjustment avoids the need 24 of 33
for retroactive reimbursements, provides time for the Department of Corrections and the
Sheriff’s Departments to manage vendor contracts more effectively, and addresses fiscal
challenges while also ensuring that families will be able to connect with their incarcerated loved
ones during the holiday season.
For this reason, I recommend that sections 50, 85, and 111 be amended by striking out
the sections and inserting in place thereof the following 3 sections:-
SECTION 50. Chapter 127 of the General Laws is hereby amended by inserting after
section 87 the following section:-
Section 87A. (a) For the purposes of this section, the terms “state correctional facility”,
“state prison” and “county correctional facility” shall have the same meanings as those terms are
defined in section 1 of chapter 125.
(b) The department of correction and sheriffs shall provide any person committed to a
state correctional facility, state prison or county correctional facility, including a jail or house of
correction, with voice communication services, including phone calls, free of charge to the
person initiating and the person receiving the communication; provided, however, that voice
communication services shall be maximized to the extent possible and no facility shall offer
access to voice communication services less than were offered and available at such facilities on
December 1, 2023; provided further, that the department of correction and sheriffs shall ensure
adequate infrastructure for voice communication services; and provided further, that nothing in
this section shall prohibit in-person contact visits.
(c) The department of correction and sheriffs may supplement voice communication
services with other communication services, including, but not limited to, video and electronic
communication services; provided, however, that other communication services shall not replace
voice communication services; and provided further, that other communication services shall be
provided free of charge to the person initiating and the person receiving the communication.
SECTION 85. (a) Notwithstanding any general or special law to the contrary, no voice
communication services contract in force on the effective date of this act shall be affected by
section 87A of chapter 127 of the General Laws, as inserted by section 50; provided, however,
that voice communication services shall be free of charge to the person initiating and the person
receiving the communication beginning on December 1, 2023; provided further, that other
communication services offered pursuant to said section 87A of said chapter 127, including, but
not limited to, video and electronic communication services, shall be offered free of charge to the
person initiating and the person receiving the communication beginning on December 1, 2023.
(b) Notwithstanding any general or special law to the contrary, upon the expiration of any
contract for voice communication services, the department of correction and the sheriffs shall
seek to maximize purchasing power and consolidate contracts to the extent feasible; provided, 25 of 33
that not later than January 1, 2024, the department of correction and the sheriffs shall report to
the house and senate committees on ways and means and the joint committee on the judiciary on
the status of any communication services contracts and plans to consolidate contracts to
maximize purchasing power for voice communication services.
(c) Notwithstanding any general or special law to the contrary, any financial incentive
received in connection with a voice communication services or other communication services
contract, including, but not limited to, a commission, shall revert to the General Fund.
SECTION 111. Section 87A of chapter 127 of the General Laws, as inserted by section
50, shall take effect December 1, 2023.
Respectfully submitted,
MAURA T. HEALEY /S/
Maura T. Healey
Governor 26 of 33
HOUSE DOCKET, NO. 4517 FILED ON: 8/9/2023
HOUSE . . . . . . . . . . . . . . . No. 4055
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON , MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
ATTACHMENT F
August 9, 2023
To the Honorable Senate and House of Representatives,
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the
Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment
Section 57 of House Bill No. 4040, “An Act Making Appropriations for the Fiscal Year 2024 for
the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of
the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain
Permanent Improvements.”
Section 57 modifies the state Paid Family and Medical Leave (PFML) program by
allowing employees to supplement their weekly PFML benefit amount with accrued vacation
time, sick time, or other paid time off to collect their average weekly wage. I firmly support this
change in law. Employees rely on the PFML program to take time off to care for themselves or
their loved ones, to bond with an adopted or newborn child, and to manage family affairs when a
family member is on active duty in the armed forces. During these critical periods, individuals
should be able to use PFML and their accrued leave balances to fully replace the income they
otherwise would have received if not on leave.
To successfully implement this critical but administratively complex initiative, employers
and the Department of Family and Medical Leave (DFML), which administers the PFML
program, need time to prepare. For example, employers must educate themselves on the
proposed changes, update payroll processing systems, and inform their employees about the
law’s new provisions. DFML must likewise reconfigure its online claims portal to give
employers access to the information they will need to implement the new law. In addition,
DFML will need to propose regulations, gather stakeholder feedback, and promulgate final rules
to ensure that employers have clear guidance on their role in enabling employees to supplement 27 of 33
their PFML benefits with employer-provided paid leave. I have instructed DFML to begin this
work promptly.
As it appears in the conference report, Section 57 would become effective immediately
and apply retroactively to July 1, 2023. To better ensure that this important law is smoothly
implemented, I am proposing an amendment that would provide employers and DFML with six
months to take all necessary actions to effectuate this law. To ensure that employees receive the
benefits of this provision retroactively to July 1, 2023, as the section currently contemplates, the
language I am returning would apply to leave taken on or after July 1, 2023. Given our shared
goal to make this important change to the PFML program, I ask that you take swift action on this
proposal.
For these reasons, I recommend that the bill be amended by striking out Section 57 and
inserting in place thereof the following 2 sections:-
SECTION 57. Section 3 of chapter 175M of the General Laws, as appearing in the 2022
Official Edition, is hereby amended by striking out, in lines 43 and 44, the words “or (ii) a paid
family, or medical leave policy of an employer” and inserting in place thereof the following
words:- (ii) a paid family or medical leave policy of an employer; or (iii) any accrued sick or
vacation pay or other paid leave provided under an employer policy, including, but not limited
to, any leave provided under a collective bargaining agreement.
SECTION 57A. Section 57 shall take effect 180 days after the passage of this act;
provided, however, section 57 shall apply to all claims eligible under section 3 of chapter 175M
of the General Laws filed for leave taken on or after July 1, 2023.
Respectfully submitted,
MAURA T. HEALEY /S/
Maura T. Healey
Governor 28 of 33
HOUSE DOCKET, NO. 4517 FILED ON: 8/9/2023
HOUSE . . . . . . . . . . . . . . . No. 4055
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON , MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
ATTACHMENT G
August 9, 2023
To the Honorable Senate and House of Representatives,
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the
Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment
Section 87 of House Bill No. 4040, “An Act Making Appropriations for the Fiscal Year 2024 for
the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of
the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain
Permanent Improvements.”
Section 87 requires MassHealth ground ambulance services provided to Fee-For-Service
and Managed Care Plan members who are also Medicare eligible to be paid at the Medicare rate.
I support the aim of this section, as emergency medical services providers, including those
serving our municipalities, are under financial strain due to significant staffing shortages, and
this initiative will increase federally reimbursable funding for ambulance transports. However, I
am returning Section 87 to state expressly that the requirement set forth therein is subject to
federal approval. Requiring federal approval is standard for any amendment to MassHealth
services, enables MassHealth to maximize federally reimbursable expenditures, and ensures a
sustainable MassHealth program.
For these reasons, I recommend that the bill be amended by striking out Section 87 and
inserting in place thereof the following section:- 29 of 33
SECTION 87. Notwithstanding any general or special law to the contrary and subject to
federal approval, all ambulance ground transportation provided to MassHealth fee-for-service
and managed care plan members who are also Medicare eligible shall be paid at the applicable
Medicare rate.
Respectfully submitted,
MAURA T. HEALEY /S/
Maura T. Healey
Governor 30 of 33
The actions taken by the Governor are delineated on this excerpt from the original parchment:—
I disapprove Section 100.
I disapprove the following items:
in Section 2 1231-10003000-10427002-00257002-2022
I reduce the following items in Section 2 to the following amounts:
Section 2 Reduce ByReduce To1595-01151,000,0001,500,0001595-107510,000,00010,000,0003000-50001,000,00016,500,0003000-7052250,0004,000,0004000-0700142,850,0003,601,016,3574180-0100859,00048,420,1084510-0811950,0004,050,0004512-02002,800,000216,694,1614512-20224,988,68010,061,3204590-0925250,0001,000,0005046-00003,750,000596,627,4465920-30102,000,00010,940,6917002-00126,100,00016,240,0007003-1206880,0001,400,0007004-3036774,0009,700,0007007-0150500,0001,500,0007035-0035100,0003,292,8097061-00125,601,240498,972,3618000-06551,000,0006,000,0008000-11272,500,0001,500,000
I reduce the following items in Section 2 to the following amounts, and disapprove the wording as indicated: 31 of 33
Section 2 Reduce ByReduce ToWording Stricken4405-20007,000,000202,700,528; provided further, that rates for residential care facilities and rest
homes effective July 1, 2023, established under section 13D of
chapter 118E of the General Laws, shall cumulatively total not less
than $7,000,000 more than rates effective January 1, 2023
4408-100018,000,000186,409,929; provided further, that rates for residential care facilities and rest
homes effective July 1, 2023, established under section 13D of
chapter 118E of the General Laws, shall cumulatively total not less
than $3,000,000 more than rates effective January 1, 2023
4513-10271,400,000400,000; and provided further, that not less than $1,000,000 shall be
expended for the operation and expansion of Hey Sam, the text-
based mental health support line tailored specifically to youth and
young adults in the commonwealth and youth mental health
community education, outreach and communications
4590-0915700,000194,067,937; provided further, that not less than $200,000 in retained revenue
shall be expended for the Pappas Rehabilitation Hospital for
Children summer program
and
; provided further, that the department of public health shall expend
not less than $500,000 to municipalities hosting a department of
public health facility that also acts as a department of mental health
continuing care facility
4800-02005,992,48127,807,519; provided further, that not less than $4,800,000 shall be expended
for flexible funding grants to support current activities and services
that are beyond contractual requirements for a family resource
center and are necessary to meet needs, including emergency
needs, to stabilize families in family resource center catchment
areas; provided further, that said funds may be expended for the
piloted use of varied master’s degree-level clinicians to assist in the
evaluation and delivery of services to children and families
7004-010240,000110,752,398; provided further, that not less than $40,000 shall be expended for
Craig’s Doors - A Home Association, Inc. to fund placements for
vulnerable individuals who are experiencing homelessness or to
offer transportation vouchers to participants
7004-01042,500,0006,390,000; provided further, that not less than $500,000 shall be expended by
the Massachusetts Housing and Shelter Alliance, Inc. for the
purpose of promotion, resource development and technical
assistance related to the creation of permanent supportive housing
for persons with disabilities who are experiencing homelessness
and other solutions to homelessness
7006-007125,0003,307,411; and provided further, that not less than $25,000 shall be expended
for the city of Chicopee to replace equipment in order to continue
to provide public and community access on the televisions of
residents 32 of 33
7010-0033300,0005,366,731; provided further, that not less than $300,000 shall be expended
for Reading Recovery
and
; provided further, that funds provided to Reading Recovery in
fiscal year 2024, may be expended through June 30, 2025
I reduce the following items in Section 2 by striking the wording as indicated and inserting in place thereof the
following wording set forth below:
Section 2 Reduce
By
Reduce
To
2210-01061,136,9782,888,473Wording Stricken
For the department of environmental protection, which may expend for
the administration and implementation of the Massachusetts Toxics
Use Reduction Act, under chapter 21I of the General Laws, not more
than $4,025,451 in revenues collected from fees, penalties, grants and
tuition under said chapter 21I
Wording Inserted
For the department of environmental protection, which may expend for
the administration and implementation of the Massachusetts Toxics
Use Reduction Act, under chapter 21I of the General Laws, not more
than $2,888,473 in revenues collected from fees, penalties, grants and
tuition under said chapter 21I
7006-00111,500,0001,550,000Wording Stricken
For the costs incurred by the division of banks associated with
licensure of loan originators under chapter 255F of the General Laws;
provided, that the division may expend revenues of not more than
$3,050,000 from the revenue received from administrative fees
associated with the licensure fees and from civil administrative
penalties collected under said chapter 255F; provided further, that not
less than $1,500,000 shall be expended by the commissioner of banks
as grants for the operation of a program for best lending practices,
first-time homeowner counseling for nontraditional loans and not less
than 10 foreclosure education centers under section 16 of chapter 206
of the acts of 2007 and that the grants shall be awarded through a
competitive application process using criteria established by the
division
Wording Inserted
For the costs incurred by the division of banks associated with
licensure of loan originators under chapter 255F of the General Laws; 33 of 33
provided, that the division may expend revenues of not more than
$1,550,000 from the revenue received from administrative fees
associated with the licensure fees and from civil administrative
penalties collected under said chapter 255F
I return for amendment, pursuant to the authority vested in me by Article 56, as amended by Article 90, Section 3, of
the Amendments to the Constitution, Sections 8, 15, 50, 57, 85, 87, 101, 111. The text of my recommended
amendments is set forth in separate letters of this date to the Senate and House of Representatives.
The remainder of this bill I approve.
Approved, August 09, 2023
at o'clock and minutes, .M.
Maura Healey
Governor