1 of 4
HOUSE DOCKET, NO. 4964 FILED ON: 3/1/2024
HOUSE . . . . . . . . . . . . . . . No. 4459
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON, MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
March 1, 2024
To the Honorable Senate and House of Representatives,
In May of last year, I appointed an economic development planning council, led by
Secretary of Economic Development Yvonne Hao, to determine how to keep the Massachusetts
economy strong and competitive in a rapidly changing world. The planning council undertook a
series of regional listening sessions around the state, and members engaged in discussions with
business leaders, municipal officials, community advocates, legislators and other stakeholders.
The planning process culminated in December 2023 with my approval of an economic
development plan, Team Massachusetts: Leading Future Generations.
Today, I am filing for your consideration a bill that will allow us to make the investments
needed to bring that plan to life. This bill, entitled An Act relative to strengthening
Massachusetts’ economic leadership, provides for $3.5 billion in critical investments, of which
approximately $2.8 billion is supported through capital authorizations and $750 million is
sourced from statutory changes to economic development tax programs. The bill is organized
around the three priority areas outlined in the economic development plan:
• Fundamentals – Investing in the fundamentals to enable economic growth;
• Talent – Retaining and attracting the world’s best talent across all backgrounds; and
• Sectors – Supporting businesses that power the state’s economy.
The proposals in this bill will invest in these areas while focusing on our core principles
of equity, affordability and competitiveness. 2 of 4
I am proud that a centerpiece of this bill calls for continued investment in our globally
renowned life sciences sector. This legislation fully reauthorizes the programs of the
Massachusetts Life Sciences Center, expands the life sciences tax credit program and repositions
the center to continue supporting Massachusetts life sciences companies, hospitals and research
institutions as they tackle the toughest challenges in health care innovation. With the filing of
this legislation, I am proposing a new ten-year, $1 billion initiative to ensure that the
Massachusetts life sciences ecosystem remains a global leader, while driving more collaboration
within the ecosystem and more equitable health care outcomes for the residents of the
Commonwealth. This strategy comprises $850 million contained in this bill, including $500
million in new capital authorization and $350 million in changes to the life sciences tax incentive
program, in addition to $150 million in planned operating funding through the annual budget
process.
We have a tremendous opportunity to establish Massachusetts as a global leader in the
climatetech sector. Massachusetts already is leading the nation and the world in our policies to
reduce greenhouse gas emissions and prepare for and mitigate the unprecedented risks of climate
change. The state’s innovative economy is uniquely positioned to lead in developing the climate
technologies that the world needs to respond to this existential threat. Today, I am launching a
three-pronged strategy to dedicate $1 billion over ten years to help turn Massachusetts into a
global hub for climate-based innovation and technologies. Specifically, this bill includes $400
million in capital authorization and $300 million in tax incentives for climatetech, modeled on
the same types of investments that have successfully transformed our life sciences sector into a
global powerhouse. These investments complement the $30 million transfer to the
Massachusetts Clean Energy Center (MassCEC) proposed in my H.2 filing and planned
operating monies, which will enable MassCEC to continue to deploy stable programming and
initiatives to expand into areas that capital programs and tax incentives are not able to reach.
The bill will also modify the existing tax credit for offshore wind development to ensure that the
credit has the intended effect of spurring the production of zero-emission clean energy at scale.
All together, these investments and initiatives over the next ten years can help us establish the
same global prominence in climatetech that that we fostered for the life sciences. As
importantly, this initiative will help Massachusetts companies find solutions to the global climate
crisis.
The annual operating budget exercise will continue to be hugely important to the success
of the life sciences and climatetech initiatives. Available resources through the operating budget
facilitate instrumental workforce development programming that is key to building out a talent
pipeline to support the success of these industries. The Healey-Driscoll Administration will
prioritize these areas, in collaboration with the Legislature.
We will also continue to make investments in the people, communities and businesses
that form the very foundations of our economy. This bill will reauthorize the MassWorks
Infrastructure Program to continue making investments in local infrastructure to unlock critical 3 of 4
development projects in our communities; codify a rural community program and reauthorize the
Rural Development Fund; and establish a new tax credit to promote internships for young adults
who attend our many colleges and universities so they are more likely to stay in Massachusetts
after completing their studies. We are again proposing a new tax credit for live theater
productions to bolster our creative economy, as well as new reforms to the economic
development incentive program (EDIP), both to make the EDIP tax credit a more effective tool
to attract and retain jobs and to give local municipalities more autonomy to provide local tax
incentives to spur capital investment and job creation. Finally, we are proposing capital
authorizations that will allow our quasi-public agencies to support other key sectors such as
artificial intelligence, robotics and advanced manufacturing.
The bill also includes some important policy updates centered on consumer protection.
We are proposing a uniform inspection and testing system for public electric vehicle charging
stations and updating the home improvement contractor law to improve consumer protections for
homeowners, making it easier for consumers to access the home contractor guaranty fund and
increase payouts from the fund.
As always, economic equity has been top of mind when preparing our economic
development plan and this bill. Promoting economic equity is a goal throughout all our
economic development programs, but there are a couple of proposals in this bill that I want to
specifically mention. First, we are aware that some small businesses, particularly minority-
owned, have not had equitable access to state contracting opportunities because of the surety
requirements imposed by statute. To help address this disparity, we are proposing a new a pilot
program within the Executive Office of Economic Development (EOED) to provide technical
and financial assistance to small businesses to increase the diversity of businesses bidding on and
securing public construction contracts in the Commonwealth. We also are updating the
definition of “micro business” for purposes of the programs administered by the Massachusetts
Office of Business Development (MOBD). The new, broader definition will allow MOBD to
reach more kinds of businesses, and I have asked MOBD to place more emphasis on micro
business support as we implement our economic development plan.
Finally, there are other important policy updates in the bill. For example, we are
proposing to increase diversity on non-profit boards by allowing board members to receive a
modest stipend without sacrificing the liability protections provided by Massachusetts law;
update the way EOED’s office of performance management evaluates and reports on the
effectiveness of our economic development programs; extend state and local permits to allow
more time for approved projects to obtain financing; and reform the expedited permitting statute
and the way that local priority development sites are approved, among other things.
Taken all together, the proposals in this bill are essential to building an economy that is
equitable, affordable and competitive. I respectfully request favorable consideration of this 4 of 4
important legislation. My staff, and Secretary Hao and her staff, will be available to meet with
you to answer questions. We look forward to working with you.
Respectfully submitted,
Maura T. Healey,
Governor 1 of 110
HOUSE . . . . . . . . . . . . . . . No. 4459
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to strengthening Massachusetts' economic leadership.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
forthwith finance improvements to the commonwealth's economic infrastructure, drive industry
innovation, and promote economic opportunity and job creation, 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 a program of community development, economic
2opportunities, support for local governments, increased industry innovation, job creation, and the
3promotion of economic reinvestment through the funding of infrastructure improvements the
4sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the
5conditions specified in this act, are hereby made available, subject to the laws regulating the
6disbursement of public funds. These sums shall be in addition to any amounts previously
7authorized and made available for the purposes of those items. The sums set forth in sections 2 to
82B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C, shall
9be made available until June 30, 2034.
10 SECTION 2.
11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT 2 of 110
12 Office of the Secretary
13 7002-1352For a grant program to coastal communities to be administered by the
14Seaport Economic Council; provided, that funding shall be used for community planning and
15investment activities that stimulate economic development and create jobs in the maritime
16economy sector, and to construct, improve, repair, maintain and protect coastal assets that are
17vital to achieving these goals; and provided further, that the planning, prioritization, selection
18and implementation of projects shall consider climate change impacts in furtherance of the goals
19of climate change mitigation and adaptation consistent with the integrated state hazard mitigation
20and climate change adaptation plan....…………………………………………………................
21$100,000,000
22 7002-1522 For grants administered by Massachusetts Technology Development
23Corporation established in section 2 of chapter 40G of the General Laws, and doing business as
24MassVentures; provided, that such grants shall be made on a competitive basis to growing
25Massachusetts-based companies commercializing technologies developed with assistance of a
26Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR)
27grant from a federal agency, including, but not limited to, the United States Department of
28Defense, the United States Department of Energy, or the National Science
29Foundation..................………………………………………………………………...$25,000,000
30 7002-8044 For a program to be administered by the Massachusetts Development
31Finance Agency for site assembly, site assessment, predevelopment permitting and other
32predevelopment and marketing activities that enhance a site’s readiness for commercial,
33industrial or mixed-use development; provided, that a portion of the funds may be used to 3 of 110
34facilitate the expansion or replication of successful industrial parks and to support the
35revitalization of downtown
36centers………………………………………………………………………................ $3,000,000
37 7002-8046 For the Massachusetts Growth Capital Corporation established pursuant to
38section 2 of chapter 40W of the General Laws for a program to provide matching grants to
39community development financial institutions certified by the United States Treasury or
40community development corporations certified under chapter 40H of the General Laws to enable
41them to leverage federal or private investments for the purpose of making loans to small
42businesses; provided, that such programs shall prioritize socially or economically disadvantaged
43businesses, which may include, but shall not be limited to, minority-owned, women-owned,
44veteran-owned, and immigrant-owned small businesses, that have historically faced obstacles to
45accessing capital………………………………………………………………………................
46$35,000,000
47 7002-8053 For the Brownfields Redevelopment Fund established in section 29A of
48chapter 23G of the General Laws……………………………………………….…................
49$30,000,000
50 7002-8054 For the Massachusetts Growth Capital Corporation, established in section 2
51of chapter 40W of the General Laws to provide, in consultation with the microbusiness
52development center within the Massachusetts office of business development, grants to low- and
53moderate-income entrepreneurs to acquire, expand, improve or lease a facility, to purchase or
54lease equipment or to meet other capital needs of a business with not more than 20 employees
55and annual revenues not exceeding $2,500,000, including alternative energy generation projects; 4 of 110
56provided, that preference shall be given to businesses located in low-income or moderate-income
57areas or socially and economically disadvantaged businesses, which shall include, but shall not
58limited to, minority-owned, women-owned, immigrant-owned and veteran-owned businesses;
59and provided further, that grants shall be awarded in a manner that promotes geographic
60equity…………………………………………………………………..........................$10,000,000
61 7002-8056 For a competitive grant program administered by the office of travel and
62tourism; provided, that funds may be used to improve facilities and destinations visited by in-
63state and out-of-state travelers, with the goals of increasing visitation, enticing repeat visitation
64and increasing the direct and indirect economic impacts of the tourism industry in all regions of
65the commonwealth; provided further, that grants shall support the design, repair, renovation,
66improvement, expansion and construction of facilities owned by municipalities or non-profit
67entities; provided further, that in evaluating grant applications, priority shall be given to projects
68located in state-designated cultural districts and projects that promote nature-based, agricultural
69and other forms of rural tourism; provided further, that all grantees to improve facilities and
70destinations visited by in-state and out-of-state travelers shall provide a match based on a
71graduated formula determined by the Massachusetts office of travel and tourism; provided
72further, that grant recipients shall be required to measure and report on return-on-investment data
73after the expenditure of grant funds; provided further, that grants shall be awarded in a manner
74that promotes geographic equity; and provided further that a portion of the funding may be used
75to make capital investments that support the commemoration of the 250th anniversary of the
76founding of the United States…………………………………………..…................ $40,000,000
77 7002-8057 For the Commonwealth Zoological Corporation established in section 2 of
78chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and 5 of 110
79specifications, repairs, construction, renovations, improvements, maintenance, asset management
80and demolition and other capital improvements including those necessary for the operation of
81facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D.
82Stone Memorial Zoo…………………………………………………….…................ $10,000,000
83 7002-8058 For the Massachusetts Broadband Incentive Fund established in section
846C of chapter 40J of the General Laws, for capital repairs and improvements to broadband
85infrastructure owned by the Massachusetts Technology Park Corporation established by section
863 of chapter 40J………………………………………………………….…................$10,000,000
87 7002-8059 For the Massachusetts Technology Park Corporation established by
88section 3 of chapter 40J for grant programs that support collaboration among manufacturers
89located in the commonwealth and institutions of higher education, non-profits or other public or
90quasi-public entities; provided, that eligible grantees shall include, but not be limited to,
91participants in the Manufacturing USA institutes, public and private academic institutions, non-
92profits and private business entities; provided further, that grant programs funded from this item
93shall consider the strategic goals and priorities of the advanced manufacturing collaborative
94established by section 10B of chapter 23A; and provided further, that grants shall be awarded in
95a manner that promotes geographic, social, racial, and economic
96equity………………………………............$99,000,000
97 7002-8061 For the MassWorks infrastructure program established by section 63 of
98chapter 23A of the General
99Laws……………………………………………….…................$400,000,000 6 of 110
100 7002-8062 For a program to provide assistance to projects that will improve,
101rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the
102public purposes of eliminating blight, increasing housing production, supporting economic
103development projects, increasing the number of commercial buildings accessible to persons with
104disabilities and conserving natural resources through the targeted rehabilitation and reuse of
105vacant and underutilized property; provided, that such assistance shall take the form of a grant or
106a loan provided to a municipality or other public entity, a community development corporation,
107non-profit entity or for-profit entity; provided further, that eligible uses of funding shall include,
108but not be limited to, improvements and additions to or alterations of structures and other
109facilities necessary to comply with requirements of building codes, fire or other life safety codes
110and regulations pertaining to accessibility for persons with disabilities, where such code or
111regulatory compliance is required in connection with a new commercial residential or civic use
112of such structure or facility, and the targeted removal of existing underutilized structures or
113facilities to create or activate publicly-accessible recreational or civic spaces; provided further,
114that funding shall be awarded on a competitive basis in accordance with guidelines developed by
115the agency; provided further, that financial assistance offered pursuant to this line item may be
116administered by the executive office through a contract with the Massachusetts Development
117Finance Agency established by section 2 of chapter 23G; provided further, that the executive
118office or the Massachusetts Development Finance Agency may establish additional program
119requirements through regulations or policy guidelines; provided further, that financial assistance
120offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects
121geographic and demographic diversity and social, racial, and economic equity within the
122commonwealth; and provided further, that program funds may be used for the reasonable costs 7 of 110
123of administering the program not to exceed 5 per cent of the total assistance made during the
124fiscal
125year……………………………………………………………………….…................$90,000,000
126 7002-8066For a capital grant program to be administered by the executive office of
127economic development, in consultation with the executive office of administration and finance,
128to provide grants to support large, transformational projects to drive economic growth; provided
129further, the program may be known as Mass Impact…....…….……..........................$250,000,000
130 7002-8068 For the rural development program established in section 66A of chapter
13123A of the General
132Laws....…………………………………………………….…................$100,000,000
133 7002-8069 For a capital grant program to be administered by the executive office of
134economic development to provide grants or other financial assistance to private businesses that
135are constructing or expanding commercial, industrial or manufacturing facilities in the
136commonwealth which could include, but are not limited to (i) the construction or expansion of
137facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling
138equipment, or incorporates other decarbonization measures that would not otherwise be
139incorporated into the facility design; (ii) the integration of design features that make a facility
140more resilient to the impacts of climate change, where such design features would not otherwise
141be economically feasible; or (iii) capital investments that support the creation of a significant
142number of new jobs in the commonwealth and provided further, that the secretary of economic
143development shall promulgate program guidelines around the administration of the program
144which could include administering the program through a contract with the Massachusetts 8 of 110
145Development Finance Authority, or other appropriate quasi governmental
146agency…………………………………………………………………………............$25,000,000
147 7002-8070 For a capital grant program to be administered by the Massachusetts
148Technology Park Corporation established by chapter 40J of the General Laws, to support the
149adoption and application of artificial intelligence capabilities to public policy problems and to
150leverage emerging AI technologies to advance the commonwealth’s lead in technology sectors
151including, but not limited to, life sciences, healthcare and hospitals, financial services, advanced
152manufacturing, robotics and education; provided, that grants shall be awarded and administered
153consistent with the strategic goals and priorities of the AI Strategic Task Force established by
154Executive Order No. 628; provided further, that grants shall support capital expenses related to
155activities that leverage emerging AI technologies to advance the commonwealth’s lead in
156technology sectors including, but not limited to, life sciences, healthcare and hospitals, financial
157services, advanced manufacturing, robotics and education; provided further, that funds shall be
158used to support the incubation of AI firms, advance the adoption of AI technologies and support
159AI software and hardware technology development and commercialization
160activities..……………………………………………………………….…................$100,000,000
161 7002-8072 For a competitive program of grants or other financial assistance, to be
162administered by the Massachusetts Technology Park Corporation established by chapter 40J of
163the General Laws, to provide infrastructure support for industry-led consortia focused on
164advancing the commonwealth’s global leadership and growing jobs in key emerging technology
165sectors including, but not limited to, quantum information sciences and technology and
166bioindustrial manufacturing; provided, that grants shall support the development, demonstration,
167deployment and commercialization of technology in said key emerging technology sectors and 9 of 110
168provide funds for infrastructure that support training, company incubation and acceleration,
169technology testing and evaluation and other commercial and economic development
170needs………………………………………………………………………................$75,000,000
171 7002-8074 For a competitive program of grants or other financial assistance, to be
172administered by the Massachusetts Technology Park Corporation established by chapter 40J of
173the General Laws, to support research and development of robotics technology, including but not
174limited to robotics incubation, testing, training, workforce development, research and
175development and commercialization activities; and provided, that grants may be made to non-
176profits, public or private universities or private business entities…………................$25,000,000
177
178 7002-8039 For the Scientific and Technology Research and Development Matching
179Grant Fund established in section 4G of chapter 40J of the General
180Laws…….…................$95,000,000
181 SECTION 2A.
182 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
183 Office of the Secretary
184 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42
185of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation,
186rehabilitation or other capital improvement or deferred maintenance to a cultural
187facility…………………………………………………………………………………$50,000,000 10 of 110
188 1100-2520 For grants or other financial assistance to cities, towns, regional
189organizations whose membership is exclusively composed of municipal governments, municipal
190redevelopment authorities or agencies, or quasi-governmental agencies to support economic
191development in the commonwealth, including efforts that support workforce development,
192higher education; tourism, and arts and culture provided, that purposes may include, but shall
193not be limited to, planning and studies, preparation of plans and specifications, site assembly and
194preparation, dispositions, acquisitions, repairs, renovations, improvements, construction,
195demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment
196and other capital assets, technical assistance, and information technology equipment and
197infrastructure…………………………………………………………………………$100,000,000
198 1100-2521 For the Massachusetts Educational Financing Agency established by
199chapter 15C of the General Laws to assist students, their parents and others responsible for
200paying the costs of education as well as assisting institutions of higher education in supporting
201access to affordable higher education
202opportunities……………………………....………………………..$85,000,000
203 Board of Library Commissioners
204 7000-9093For a program of grants to cities and towns for approved public library
205projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided,
206that grants may be awarded to municipalities submitting applications jointly or through a
207regional planning
208agency.....…………………………………………………………............................ $150,000,000
209 SECTION 2B. 11 of 110
210 SECRETARY OF THE COMMONWEALTH
211 Massachusetts Historical Commission
212 0526-2013For a grant program to units of municipal government and to private,
213nonprofit organizations for the preservation of historic properties, landscapes and sites; provided
214further, that such funds shall be awarded in accordance with regulations promulgated by the state
215secretary, chairman of the Massachusetts historical commission.................................. $8,000,000
216 SECTION 2C.
217 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
218 Office of the Secretary
219 7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established by
220section 6 of chapter 23I of the General Laws…………………………………….…................
221$500,000,000
222 7002-8077 For the Clean Energy Investment Fund established by section 15 of
223chapter 23J of the General Laws to promote jobs, economic and workforce development through
224capital grants to companies and governmental entities for the purpose of supporting and
225stimulating research, and development, innovation, manufacturing, commercialization and
226deployment of climatetech technologies in the
227commonwealth……………………………………………………………………….$200,000,000
228 7002-8078 For the Massachusetts Offshore Wind Industry Investment Trust Fund
229established by section 9A of chapter 23J of the General Laws to support the offshore wind 12 of 110
230industry and facilitate economic development
231activity..………………………………………………………………………………$200,000,000
232 SECTION 3. Section 16G of chapter 6A of the General Laws, as so appearing in the 2022
233Official Edition, is hereby amended by striking out subsections (i) and (j) and inserting in place
234thereof the following 2 subsections:-
235 (i) The secretary shall, subject to appropriation, establish within the executive office an
236office of performance management and oversight to improve the effectiveness of the economic
237development efforts of the commonwealth. The secretary shall appoint a director of said office
238who shall have economic development experience in the public or private sector. The director
239shall establish performance metrics for the public and quasi-public agencies within the executive
240office or subject to section 56 of chapter 23A, and any regional economic development
241organization or other private organizations under contract with the commonwealth to perform
242economic development services, as the secretary shall determine. In developing or revising these
243performance metrics, the director may from time to time seek out private sector advice and
244models that can be adapted to the needs of the commonwealth. The secretary shall require each
245agency or organization reporting to the office to submit an annual plan, including the goals,
246programs and initiatives for the forthcoming year, and evaluation of the performance on the
247goals, programs and initiative outlined in the preceding year’s plan. Such reports shall be in a
248form directed by the director and incorporate such performance metrics as the director shall
249establish.
250 (j) The director shall prepare an annual report on the progress the agencies or
251organizations reporting to the office are making towards achieving stated goals in their annual 13 of 110
252plan. The annual report shall be made available to the public not later than December 31 of each
253year and shall be published on the official website of the commonwealth and shall be forwarded
254to the clerks of the senate and house of representatives, the chairs of the house and senate
255committees on ways and means and the chairs of the joint committee on economic development
256and emerging technologies.
257 SECTION 4. Said section 16G of said chapter 6A, as most recently amended by section
25821 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (m), and
259inserting in place thereof the following subsection:-
260 (m) Every 4 years, the secretary of economic development, in consultation with the
261secretary of energy and environmental affairs, shall prepare a report that evaluates the status of
262the commercial fishing industry and includes recommendations for appropriate actions to be
263taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.
264 In carrying out this requirement, the secretaries may, and are encouraged to, seek the
265laboratory, technical, education and research skills and facilities of public institutions of higher
266education.
267 SECTION 5. Subsection (n) of said section 16G of said chapter 6A, as most recently
268amended by section 21 of chapter 7 of the acts of 2023, is hereby further amended by striking
269out, in lines 246 to 248, inclusive, the second sentence.
270 SECTION 6. Said subsection (n) of said section 16G of said chapter 6A, as so appearing,
271is hereby further amended by striking out, in lines 255 to 256, the words “executive office and
272paid as the fund director shall direct” and inserting in place thereof the following words:-
273secretary of economic development. 14 of 110
274 SECTION 7. Said section 16G of said chapter 6A, as so appearing, is hereby further
275amended by striking out, in line 273, the words “The executive office shall submit an annual”
276and inserting in place thereof the following words:- In years when expenditures are made from
277the fund, the executive office shall submit a.
278 SECTION 8. Subsections (c) and (d) of section 35FF of chapter 10 of the General Laws,
279as so appearing, is hereby amended by striking out the words “clean energy”, each time they
280appear, and inserting in place thereof the following word:- climatetech.
281 SECTION 9. Subsection (b) of section 3A of chapter 23A of the General Laws, as
282appearing in the 2022 Official Edition, is hereby amended by striking out the definition of
283“Expansion of an existing facility” and inserting in place thereof the following definition:-
284 “Expansion project”, the expansion of an existing facility located in the commonwealth
285that results in a net increase in the number of permanent full-time employees at the expanded
286facility.
287 SECTION 10. Said subsection (b) of said section 3A of said chapter 23A, as so
288appearing, is hereby further amended by inserting after the definition of “Gateway municipality”
289the following definition:-
290 “In-state relocation project”, the relocation of a business from one location in the
291commonwealth to another location in the commonwealth that results in a net increase in the
292number of permanent full-time employees. 15 of 110
293 SECTION 11. Said subsection (b) of said section 3A of said chapter 23A, as so
294appearing, is hereby further amended by striking out the definition of “Municipal project
295endorsement” and inserting in place thereof the following definition:-
296 “Municipal project endorsement”, an endorsement of a city council with the approval of
297the mayor in a city or a board of selectmen in a town that: (i) finds a proposed project is
298consistent with the municipality’s economic development objectives; (ii) finds a proposed
299project has a reasonable chance of increasing or retaining employment opportunities as advanced
300in the proposal; and (iii) provides a description of the local tax incentive, if any, offered by the
301municipality in support of the proposed project.
302 SECTION 12. Said subsection (b) of said section 3A of said chapter 23A, as so
303appearing, is hereby further amended by inserting after the definition of “Municipality” the
304following definition:-
305 “Out-of-State relocation project”, the relocation of a business and permanent full-time
306employees from outside the commonwealth to a location within the commonwealth.
307 SECTION 13. Said subsection (b) of said section 3A of said chapter 23A, as so
308appearing, is hereby further amended by striking out the definition of “Proportion of
309compliance” and inserting in place thereof the following definition:-
310 “Proportion of compliance”, a determination made by the economic assistance
311coordinating council, established pursuant to section 3B, of a certified project’s compliance with
312obligations related to capital investment, job creation, job retention or other obligations
313applicable to the certified project. 16 of 110
314 SECTION 14. Said subsection (b) of said section 3A of said chapter 23A, as so
315appearing, is hereby further amended by striking out the definition of “Replacement of an
316existing facility” and inserting in place thereof the following definition:-
317 “Retention project”, a project that enables a controlling business to retain at least 50
318permanent full-time employees at a facility located within a gateway city or in an adjacent city or
319town that is accessible by public transportation to residents of a gateway city; provided that
320without such project, the retained jobs would be relocated outside of the commonwealth.
321 SECTION 15. Said section 3A of said chapter 23A, as so appearing, is hereby further
322amended by striking out, in line 113, the words “and approved by the EACC”.
323 SECTION 16. Section 3B of said chapter 23A, as most recently amended by section 66
324of chapter 7 of the acts of 2023, is hereby amended by striking out, in lines 5 to 6, the words
325“who shall serve as co-chairperson”.
326 SECTION 17. Said section 3B of said chapter 23A, as so appearing, is hereby further
327amended by striking out clauses (iii) to (vii), inclusive, and inserting in place thereof following
328clauses:-
329 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for
330the privilege of establishing, operating and maintaining a foreign trade zone in accordance with
331section 3G;
332 (iv) assist municipalities in obtaining state and federal resources and assistance for
333certified projects and other job creation and retention opportunities; 17 of 110
334 (v) provide appropriate coordination with other state programs, agencies, authorities and
335public instrumentalities to enable certified projects and other job creation and retention
336opportunities to be more effectively promoted by the commonwealth; and
337 (vi) monitor the implementation of the economic development incentive program.
338 SECTION 18. Subsection (c) of said section 3B of said chapter 23A, as most recently
339amended by section 67 of chapter 7 of the acts of 2023, is hereby amended by striking out the
340first 2 sentences and inserting in place thereof the following sentence:- The director of MOBD
341shall be responsible for administering the EDIP in consultation with the secretary of economic
342development and the EACC.
343 SECTION 19. Section 3C of said chapter 23A, as so appearing, is hereby amended by
344striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
345 (a) A controlling business may petition the EACC to certify a proposed project by
346submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a
347representation by the controlling business regarding the amount of capital investment to be made,
348the number of new jobs to be created and the number of existing jobs to be retained; (iii) a
349representation by the controlling business regarding any other economic benefits or other public
350benefits expected to result from the construction of the proposed project; and (iv) any other
351information that the EACC shall require by regulation, policy or guidance.
352 (b) Upon receipt of a completed project proposal, the EACC may certify the proposed
353project, deny certification of the proposed project or certify the proposed project with conditions.
354In order to certify a proposed project, with or without conditions, the EACC shall make the
355following required findings based on the project proposal and any additional investigation that 18 of 110
356the EACC shall make: (i) the proposed project is located or will be located within the
357commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation
358project, out-of-state relocation project or retention project; (iii) the controlling business has
359committed to maintaining new and retained jobs for a period of at least 3 years after the
360completion of the proposed project; (iv) the proposed project appears to be economically feasible
361and the controlling business has the financial and other means to undertake and complete the
362proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this
363chapter are a significant factor in its decision to undertake the proposed project; and (vi) the
364proposed project complies with all applicable statutory requirements and with any other criteria
365that the EACC may prescribe by regulation, policy or guidance.
366 The EACC shall, by regulation, policy or guidance, provide for the contents of an
367application for project certification which may include a requirement that the controlling
368business provide written evidence to support the certification provided for in clause (v).
369 SECTION 20. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is
370hereby amended by striking out the last sentence.
371 SECTION 21 Section 3D of said chapter 23A, as so appearing, is hereby amended by
372striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be
373claimed” and inserting in place thereof the following words:- awarded, the schedule on which
374those credits may be claimed, and the extent to which the credits are refundable,.
375 SECTION 22. Said section 3D of said chapter 23A, as so appearing, is hereby further
376amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any,
377made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain 19 of 110
378women or minority-owned businesses during the construction of the certified project” and
379inserting in place thereof the following words:- (vii) commitments, if any, made by the
380controlling business to use Massachusetts firms, suppliers and vendors or to retain women or
381minority-owned businesses during the construction of the certified project; and (viii) the
382commitments, if any, set forth in a municipal project endorsement.
383 SECTION 23. Said section 3D of said chapter 23A, as so appearing, is hereby further
384amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right
385of the controlling business to carry unused tax credits forward to subsequent tax years” and
386inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling
387business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some
388portion of the credits to be refundable.
389 SECTION 24. Said section 3D of said chapter 23A, as so appearing, is hereby further
390amended by striking out subsection (b).
391 SECTION 25. Said chapter 23A, as so appearing, is hereby amended by striking out
392section 3E and inserting in place thereof the following section:-
393 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance
394with section 59 of chapter 40 to the controlling business of a certified project, or to any person or
395entity undertaking a real estate project or to any person or entity expanding a facility if the
396municipality finds that there is a strong likelihood that any of the following will occur within the
397area in question within a specific and reasonably proximate period of time: (i) a significant influx
398or growth in business activity; (ii) the creation of a significant number of new jobs and not 20 of 110
399merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private
400project or investment that contributes significantly to the resiliency of the local economy.
401 (b) A municipality may offer a special tax assessment to the controlling business of a
402certified project, to a person or entity undertaking a real estate project or to a person or entity
403proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of
404relocating outside of the commonwealth. A special tax assessment shall be set forth in a written
405agreement between the municipality and the property owner. The agreement shall include, but
406not be limited to, the amount of the tax reduction and the period of time over which such
407reduction shall be in effect, which shall be for not less than 5 years not to exceed 20 years. A
408special tax assessment approved by the municipality shall provide for a reduction of the real
409property tax that otherwise would be due. The reduction shall be based upon a percentage
410reduction in the tax that otherwise would be due on the full assessed value of the affected
411property. The special tax assessment shall provide for tax reduction at least equal to the
412following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that
413would be due based on the full assessed value of the affected property; (ii) in the second and
414third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based
415on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax
416reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed
417value of the affected property. The municipality may at its discretion provide for greater real
418property tax reductions than those described in clauses (i) to (iii), inclusive.
419 A municipality may approve special tax assessments if it determines that: (i) the property
420owner is either undertaking a project or otherwise making an investment that contributes to
421economic revitalization of the municipality and significantly increases employment opportunities 21 of 110
422for residents of the municipality or is retaining permanent full-time employees that otherwise
423would be relocated to a facility outside of the commonwealth; (ii) the special tax assessment is
424reasonably necessary to enable the owner’s investment in the project or to retain the jobs that
425otherwise would be relocated; and (iii) the total amount of local tax foregone is reasonably
426proportionate to the public benefits resulting from the special tax assessment.
427 (c) If a municipality offers tax increment financing or special tax assessment to the owner
428or controlling business of a certified project, or to the owner of a facility where a certified project
429is located, the municipality shall notify the EACC by submitting a fully executed copy of the
430adopted local incentive agreement and any amendments thereto.
431 SECTION 26. Section 3F of said chapter 23A, as so appearing, is hereby amended by
432striking out, in lines 1 to 2, the words “Not later than 2 years after the initial certification of a
433project by the EACC, and annually thereafter, the” and inserting in place thereof the following
434word:- The.
435 SECTION 27. Said section 3F of said chapter 23A, as so appearing, is hereby further
436amended by striking out, in line 37, the words “with job creation requirements”.
437 SECTION 28. Said section 3F of said chapter 23A, as so appearing, is hereby further
438amended by striking out subsections (d) and (e) and inserting in place thereof the following
439subsections:
440 (d) Revocation of a project certification shall take effect on the first day of the tax year in
441which the material noncompliance occurred, as determined by the EACC, and all EDIP tax
442credits available to the controlling business shall be rescinded and any claimed tax credits 22 of 110
443awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of
444chapter 62 and subsection (i) of section 38N of chapter 63.
445 (e) Notwithstanding any general law to the contrary, if a municipality terminates a local
446tax incentive agreement, the municipality may recapture the value of the tax not paid by making
447a special assessment on the owner of the parcel of real property in the tax year that follows the
448municipality’s decision to terminate the agreement. The assessment, payment and collection of
449the special assessment shall be governed by procedures provided for the taxation of omitted
450property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said
451chapter 59 for which omitted property assessments may be imposed for each of the fiscal years
452included in the special assessment.
453 SECTION 29. Chapter 23A of the General Laws, as so appearing, is hereby amended by
454striking out section 3H and inserting in place thereof the following section:-
455 Section 3H. There shall be a permit regulatory office within the executive office of
456economic development. The secretary of economic development shall appoint a person with
457experience with permitting and business development to serve as the director of the
458Massachusetts permit regulatory office. The director of the permit regulatory office shall: (i)
459serve as the state permit ombudsman to new and expanding businesses; (ii) work with other state
460agencies to expedite the process of obtaining state licenses, permits, state certificates, state
461approvals, and other requirements of law, but not including divisions of the state secretary’s
462office; (iii) provide technical assistance to municipalities interested in streamlining local
463permitting processes; (iv) review and approve or deny municipal priority development site
464proposals made pursuant to chapter 43D, and monitor the development of priority development 23 of 110
465sites; (v) subject to appropriation, award technical assistance grants pursuant to chapter 43D; and
466(vi) support the administration of the growth districts initiative as defined in chapter 43E. The
467permit regulatory office shall consult with the secretary of energy and environmental affairs, the
468secretary of housing and livable communities, and the secretary of transportation before
469approving or denying a proposed priority development site.
470 Within the permit regulatory office there shall be a regulatory ombudsman to address
471regulatory matters of interest to the business community. The regulatory ombudsman shall work
472in partnership with the state permitting ombudsman to provide assistance to businesses in the
473process of complying with state regulations and other requirements of law that affect businesses.
474The regulatory ombudsman shall facilitate communication between individual businesses and
475state agencies and provide periodic training to regulatory personnel in state agencies on how to
476identify the small business impacts of regulation, how to reduce those impacts and how to
477expedite and streamline the process or compliance.
478 The director of the permit regulatory office shall file an annual report with the house and
479senate committees on ways and means by January 1 on the activities of the permit regulatory
480office.
481 SECTION 30. Chapter 23A of the General Laws, as appearing in the 2022 Official
482Edition, is hereby amended by inserting after section 3L the following section:-
483 Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts
484office of business development established in section 1 of chapter 23A, or any constituent office
485thereof. 24 of 110
486 (2) There is hereby established a pilot program for a live theater tax credit for which a
487live theater company doing business with a Massachusetts-based theater venue, theater company,
488theater presenter or producer may be eligible. The credit shall be established to support the
489expansion of pre-Broadway productions, pre-off Broadway productions and national tour
490launches, as those terms are defined in paragraph (1) of subsection (dd) of section 6 of chapter 62
491and subsection (a) of section 38NN of chapter 63, and shall assist in the development of long run
492show development and growth.
493 (b)(1) The office, directly or through a constituent office, shall run a competitive grant
494program to award live theater tax credits. An applicant may only be awarded a tax credit if they
495meet the requisite criteria and qualifications for the credit as outlined in this section and
496subsection (dd) of chapter 62 of the General Laws or section 38NN of chapter 63. The office
497shall establish criteria for prioritization of credits, which may include anticipated economic
498impact and other factors at the discretion of the office. The total cumulative value of the credits
499authorized pursuant to this section and subsection (dd) of chapter 62 of the General Laws or
500section 38NNof chapter 63 shall not exceed $5,000,000 annually.
501 (2) An applicant for a live theater tax credit shall properly prepare, sign, and submit to the
502office an application for certification of the theater production. The application shall provide all
503information and data the office deems necessary for the evaluation and administration of the
504application, including, but not limited to, any information about the theater production company
505or its related partners or presenters and a specific Massachusetts live theater or musical
506production as well as such other information as the office, in its discretion, requires in order to
507evaluate and prioritize applications. The eligible theater production budget shall be not less than 25 of 110
508$100,000. The maximum credit for any production shall not be more than $5,000,000, or a lesser
509amount as determined by the office.
510 (3) The office shall review completed applications, determine whether they meet the
511requisite criteria and qualifications for certification, and award tax credits at their sole discretion.
512The office may issue a certification of the eligible theater production or presentation to the
513theater production company, co-producer or presenter and to the commissioner of revenue. The
514certification shall provide a unique identification number for the production and shall be a
515statement of conditional eligibility for the production.
516 (c) Upon completion of an eligible theater production for which a certification has been
517granted, the applicant shall properly prepare, sign, and submit to the office and the department of
518revenue a cost accounting in connection with the eligible theater production. The cost accounting
519shall contain a cost report and an accountant’s certification. In computing payroll costs,
520production and performance expenditures, and transportation expenditures for which a credit will
521be claimed, an eligible theater production shall subtract any state funds, state loans or state
522guaranteed loans. The office and commissioner of revenue may rely, without independent
523investigation, upon an accountant’s certification, in the form of an opinion, confirming the
524accuracy of the information included in the cost report. If the office or the department of revenue
525receives information that is materially inconsistent with representations made in an application,
526the office may rescind the certification.
527 (d) The office, in consultation with the commissioner of revenue, shall promulgate rules
528and regulations to carry out this section.
529 SECTION 31. Section 62 of said chapter 23A is hereby repealed. 26 of 110
530 SECTION 32. Subsection (a) of section 66 of chapter 23A of the General Laws, as most
531recently amended by section 98 of chapter 7 of the acts of 2023, is hereby further amended by
532striking out the last sentence and inserting in place thereof the following 2 sentences:- The
533mission of the commission shall be to enhance the economic vitality of rural communities, and to
534advance the health and well-being of rural residents. For purposes of this section and section
53566A, “rural community” shall mean a municipality with population density of less than 500
536persons per square mile, or a population of less than 7,000 persons, in each case as shown in the
537most recent U.S. decennial census.
538 SECTION 33. Said chapter 23A, as so appearing, is hereby further amended by inserting,
539after said section 66, the following new section:-
540 Section 66A. (a) The executive office of economic development shall administer a rural
541development program to promote economic opportunity and prosperity in rural communities.
542The program shall provide financial assistance on a competitive basis to municipalities or other
543public entities, community development corporations, or non-profit entities for infrastructure
544projects, downtown improvements and other projects that advance economic and community
545development, stable housing markets and other priorities identified by the rural policy advisory
546commission established in section 66.
547 (b) The secretary of economic development shall by guidelines or regulations establish an
548application process and criteria for prioritizing the distribution of financial assistance, taking into
549account the diversity of rural communities. The guidelines or regulations shall allow for joint
550applications by two or more rural communities for a single project serving those municipalities. 27 of 110
551 (c) The secretary of economic development shall report annually to the chairs of the
552senate and house committees on ways and means and the chairs of the joint committee on
553community development and small businesses on the activities and status of the program.
554 SECTION 34. Subsection (a) of section 69 of chapter 23A of the General Laws, as so
555appearing, is hereby amended by striking out, in lines 10 to 16, inclusive, the third sentence and
556inserting in place thereof the following sentence:- For the purposes of this section, the term
557“micro business” shall mean a business entity with: (i) a principal place of business in the
558commonwealth; (ii) 10 or fewer full-time employees; and (iii) annual revenue of not more than
559$250,000.
560 SECTION 35. Chapter 23I of the General Laws, as appearing in the 2022 official
561edition, is hereby amended by striking out section 1 and inserting in place thereof the following
562section:-
563 Section 1. The general court finds and declares that:
564 (1) research in the life sciences and regenerative and preventative medicine presents a
565significant opportunity of yielding fundamental biological knowledge from which may emanate
566therapies to relieve, on a large scale, human suffering from disease and injury;
567 (2) the extraordinary biomedical scientists working within institutions of higher
568education, research institutes, hospitals, and life sciences companies can contribute significantly
569to the welfare of mankind by performing outstanding research in these fields;
570 (3) promoting the health of residents of the commonwealth is a fundamental purpose of
571state government; 28 of 110
572 (4) promoting life sciences research to foster the development of the next generation of
573health-related innovations, to enhance the competitive position of the commonwealth in this vital
574sector of the economy, and to improve the quality and delivery of health care for the people of
575the commonwealth a clear public purpose and governmental function;
576 (5) public support for and promotion of the life sciences will benefit the commonwealth
577and its residents through improved health status and health outcomes, economic development,
578and contributions to scientific knowledge, and such research will lead to breakthroughs and
579improvements that might not otherwise be discovered due to the lack of existing market
580incentives, especially in the area of regenerative and preventative medicine, such as stem cell
581research;
582 (6) public support for, and promotion of, life sciences research has the potential to
583provide cures or new treatments for many debilitating diseases that cause tremendous human
584suffering and cost the commonwealth millions of dollars each year;
585 (7) it is imperative for the purposes of the commonwealth's competitiveness to invest in
586life sciences research, biotechnology, nanotechnology, bio-security, and health-related AI to
587leverage revenues and to encourage cooperation and innovation among public and private
588institutions involved in life sciences research and related applications;
589 (8) the purpose of this chapter is to continue the establishment of the Massachusetts Life
590Sciences Center, to grant that center the power to contract with other entities to receive other
591funds, and to disburse those funds consistent with the purpose of this chapter;
592 (9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available
593research in life sciences disciplines through diverse institutions and to build upon existing 29 of 110
594strengths in the area of biosciences in order to spread the economic benefits across the
595commonwealth; and, (ii) foster improved health care outcomes in the commonwealth and the
596world; and
597 (10) the investments of the life sciences center are intended to support future statewide,
598comprehensive strategies to lead the nation in life sciences-related research, innovations and
599employment.
600 SECTION 36. Section 2 of said chapter 23I, as so appearing, is hereby amended by
601inserting after the definition of “equity investment” the following definition:-
602 “Health equity”, addressing the preventable disproportion and differences in the burden
603of disease, experienced by populations that have been disadvantaged by their social or economic
604status, geographic location or environment.
605 SECTION 37. Said section 2 of said chapter 23I, as so appearing, is hereby further
606amended by striking out the definition of “Life sciences” and inserting in place thereof the
607following definition:-
608 “Life sciences”, advanced and applied sciences that expand the understanding of human
609physiology and have the potential to lead to medical advances or therapeutic applications
610including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
611engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
612intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
613marine biology, marine technology, medical technology, medical devices, nanotechnology,
614natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
615interference, stem cell research and veterinary science. 30 of 110
616 SECTION 38. Section 3 of said chapter 23I, as so appearing, is hereby amended by
617striking out subsection (b) and inserting in place thereof the following subsection:-
618 (b) The center shall be governed and its corporate powers exercised by a board of
619directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance
620or their designee; 1 of whom shall be the secretary of economic development or their designee; 1
621of whom shall be the president of the University of Massachusetts or their designee; and 6 of
622whom shall be appointed by the governor: 1 of whom shall be a chief executive officer of a
623Massachusetts-based life sciences corporation that is a member of the board of directors of the
624Massachusetts Biotechnology Council, 1 of whom shall be a researcher involved in the
625commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic
626products, 1 of whom shall have significant experience in the medical device sector and a member
627of the Massachusetts Medical Device Industry Council board of directors, 1 of whom shall have
628significant experience in the health equity subsector of the life sciences sector, 1 of whom shall
629have significant experience in the digital health subsector of the life sciences sector, and 1 of
630whom shall be a member of the board of the Massachusetts Health and Hospital Association.
631 Each appointed member shall serve a term of 5 years, except that in making their initial
632appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 director to
633serve for a term of 2 years, 1 director to serve for a term of 3 years, 1 director to serve for a term
634of 4 years. The secretary of the executive office of administration and finance and the secretary
635of the executive office of economic development, or their designees, shall serve as co-chairs of
636the board. Any person appointed to fill a vacancy in the office of an appointed director of the
637board shall be appointed in a like manner and shall serve for only the unexpired term of such 31 of 110
638director. Any director shall be eligible for reappointment. Any director may be removed from
639their appointment by the governor for cause.
640 SECTION 39. Said section 3 of said chapter 23I, as so appearing, is hereby further
641amended by striking out, in line 38, the word “Four” and inserting in place thereof the following
642word:- Six
643 SECTION 40. Said section 3 of said chapter 23I, as so appearing is hereby further
644amended by inserting after the word “center”, in line 71, the following words:- , unless the
645president, in their discretion, elects to appoint and employ a chief administrative and operational
646officer.
647 SECTION 41. Clause (9) of subsection (a) of section 4 of said chapter 23I, as so
648appearing, is hereby amended by striking out, in line 64, the word “Investment” and inserting in
649place thereof the following word:- Breakthrough.
650 SECTION 42. Said subsection (a) of said section 4 of said chapter 23I, as so appearing, is
651hereby amended by inserting, after clause (23), the following clause:-
652 (23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of
653higher education, nonprofit organizations, other public or quasi-public entities in the
654commonwealth and certified life sciences companies; provided, that eligible grantees shall
655include private businesses; provided further, that grants shall be awarded and administered
656consistent with the strategic goals and priorities of the center; provided further, that grants made
657for the purchase of equipment to be owned by, leased to or located within the premises of a
658private businesses shall be made in support of a partnership with an institution of higher
659education or nonprofit corporation with a mission of supporting the life sciences in the 32 of 110
660commonwealth; provided further, that a private university or business entity shall not be eligible
661for a grant unless the center has made a finding that a grant to such university or entity will result
662in a significant public benefit and the private benefit is incidental to a legitimate public purpose;
663and provided further, that grants shall be awarded in a manner that promotes geographic, social,
664racial and economic equity;.
665 SECTION 43. Clause (29) of said subsection (a) of said section 4 of said chapter 23I, as
666so appearing, is hereby further amended by striking out, in line 159, the word “Investment” and
667inserting in place thereof the following word:- Breakthrough
668 SECTION 44. Said subsection (a) of said section 4 of said chapter 23I, as so appearing, is
669hereby further amended by striking out clauses (31) and (32) and inserting in place thereof the
670following 3 clauses:-
671 (31) to track and report to the general court on federal initiatives that have an impact on
672life sciences companies doing business in the commonwealth;
673 (32) to create award programs to acknowledge successful companies, public and private
674institutions and programs in industry-specific areas, as determined by the center; and
675 (33) to convene an advisory board as may be necessary in its judgment to carry out the
676purposes of this act.
677 SECTION 45. Subsection (c) of section 5 of said chapter 23I, as so appearing, is hereby
678amended by striking out, in line 64, the word “Investment” and inserting in place thereof the
679following word:- Breakthrough. 33 of 110
680 SECTION 46. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is
681hereby further amended by striking out, in line 92, the figure “$30,000,000” and inserting in
682place thereof the following figure:- $50,000,000.
683 SECTION 47. Clause (1) of subsection (e) of section 5 of said chapter 23I, as so
684appearing, is hereby amended by striking out, in line 107, the figure “5” and inserting in place
685thereof the following figure:- 3.
686 SECTION 48. Clause (2) of subsection (e) section 5 of said chapter 23I, as so appearing,
687is hereby further amended by striking out, in line 120, the word “shall” and inserting in place
688thereof the following word:- may.
689 SECTION 49. Said chapter 23I, as so appearing, is hereby further amended by striking
690out section 6 and inserting in place thereof the following section:-
691 Section 6. (a) There shall be established and placed within the center a fund to be known
692as the Massachusetts Life Sciences Breakthrough Fund, hereinafter in this section referred to as
693the fund, to finance the activities of the center. The fund shall be credited with (i) any
694appropriations or other monies authorized by the general court and specifically designated to be
695credited thereto; (ii) additional funds subject to the direction and control of the center; (iii)
696pension funds; (iv) federal grants or loans; (v) royalties or private investment capital which may
697properly be applied in furtherance of the objectives of the fund; (iv) any proceeds from the sale
698of qualified investments secured or held by the fund; (v) fees and charges imposed relative to the
699making of qualified investments as defined by the center, secured or held by the fund and (vi)
700any other monies which may be available to the center for the purposes of the fund from any
701other source or sources. Any funds deposited in the fund and shall be available to the center for 34 of 110
702the purposes described in this section, without further appropriation. All available monies in the
703fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and
704shall be made available for expenditure in the subsequent fiscal year.
705 (b) The center shall invest and reinvest the fund and the income thereof only as
706follows:
707 (1) making qualified investments pursuant to subsection (c);
708 (2) defraying the ordinary and necessary expenses of administration and operation
709associated with the center; provided, however, that said administrative and operational expenses
710shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in
711a fiscal year;
712 (3) investing any funds not required for immediate disbursement in the purchase of such
713securities as may be lawful investments for fiduciaries in the commonwealth;
714 (4) paying binding obligations associated with such qualified investments which shall be
715secured by the fund as the same become payable; or
716 (5) paying principal or interest on qualified investments secured by the fund or paying
717any redemption premium required to be paid when such qualified investments shall be redeemed
718prior to maturity; provided, however, that monies in the fund shall not be withdrawn at any time
719in such an amount as would reduce the amount of the fund to less than the minimum requirement
720thereof established by the board, except for the purpose of paying binding obligations associated
721with qualified investments which shall be secured by the fund as the same become payable. 35 of 110
722 (c) The fund shall be held and applied by the center, subject to the approval of the
723board, to make qualified investments, grants, research and other funding and loans designed to
724advance the following public purposes for the life sciences in the commonwealth:
725 (1) to stimulate increased financing for the expansion of research and development by
726leveraging private financing for highly productive state-of-the-art research and development
727facilities, equipment and instrumentation and by providing financing related thereto including,
728but not limited to, financing for the construction or expansion of such new facilities;
729 (2) to make targeted investments, including research funding, proof of concept funding
730and funding for the development of devices, drugs or therapeutics and to promote manufacturing
731activities for new or existing advanced technologies and life sciences research; provided that
732funding provided for the purchase of equipment to be owned by, leased to or located within the
733premises of a private businesses shall be made in support of a partnership with an institution of
734higher education or nonprofit corporation with a mission of supporting the life sciences in the
735commonwealth; provided further, that a private university or business entity shall not be eligible
736for funding unless the center has made a finding that such funding will result in a significant
737public benefit and the private benefit is incidental to a legitimate public purpose; and provided
738further, that grants shall be awarded in a manner that promotes geographic, social, racial and
739economic equity.
740 (3) to make matching grants to colleges, universities, independent research institutions,
741nonprofit entities, public instrumentalities, companies and other entities in connection with
742support from the federal government, industry and other grant-funding sources related to the 36 of 110
743expansion of research and development and to increase and strengthen economic development,
744employment opportunities and commercial and industrial sectors in the field of life sciences;
745 (4) to provide bridge financing to colleges, universities, independent research institutions,
746nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants
747as described in clause (3) awarded or to be awarded by the federal government, industry or other
748sources;
749 (5) to provide fellowships, co-ops, high school internships, for which additional
750consideration shall be given to minority students at schools where at least 80 per cent of the
751student population is eligible for free or reduced lunch, college internships, for which additional
752consideration shall be given to minority students enrolled full-time or part-time at a community
753college, loans and grants;
754 (6) to provide workforce training grants to prepare individuals for life sciences careers;
755 (7) to provide funding for development, coordination and marketing of higher education
756programs; and
757 (8) to make qualified grants to certified life sciences companies for site remediation,
758preparation and ancillary infrastructure improvement projects;
759 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives
760including but not limited to:
761 (1) international trade initiatives; 37 of 110
762 (2) qualified grants and equity investments to further workforce development and
763education in the life sciences and to promote a diverse life sciences workforce in the
764commonwealth;
765 (3) activities that facilitate the transfer of technology from the commonwealth's research
766institutions to the commonwealth's life science industries, for productive use by such industries
767and to make targeted investments in proof of concept funding for emerging technologies;
768 (4) a program to promote the research and development of plant-made pharmaceuticals
769and industrial products through field trials, in collaboration with the department of agricultural
770resources;
771 (5) initiatives to promote the research, development, adoption and productive application
772of artificial intelligence within the commonwealth’s life science industries;
773 (6) initiatives to promote health equity, including programs that help to identify and
774address preventable disproportion and differences in the burden of disease, or opportunities to
775achieve optimal health, experienced by populations that have been disadvantaged by their social
776or economic status, geographic location, or environment;
777 (7) initiatives to promote the efficient collection, storage, and sharing of biological
778samples and health information to assist with research and development of new treatments for
779disease or otherwise improve patient outcomes;
780 (8) initiatives to promote biomanufacturing and supply chain resiliency in the life
781sciences in the commonwealth;
782 (9) initiatives to promote diversity and equity in life sciences entrepreneurship; and 38 of 110
783 (10) a program to make qualified equity investments in early-stage life sciences
784companies and enterprises seeking to raise seed capital; provided, however, that said qualified
785equity investments shall not exceed $250,000 in any 1 enterprise. The center shall not make such
786qualified equity investments unless said investment has been approved by a majority vote of the
787board; the recipient is a life sciences company certified pursuant to section 5; and the center
788finds, to the extent possible, that a definite benefit to the commonwealth's economy may
789reasonably be expected from said qualified investment. In evaluating a request or application for
790funding, the center shall consider whether:
791 (i) the proceeds of the equity investment shall only be used to cover the seed capital
792needs of the enterprise except as hereinafter authorized;
793 (ii) the enterprise has a reasonable chance of success;
794 (iii) the center's participation is necessary to the success of the enterprise because funding
795for the enterprise is unavailable in the traditional capital markets or contingent upon matching
796funds, or because funding has been offered on terms that would substantially hinder the success
797of the enterprise;
798 (iv) the enterprise has reasonable potential to create a substantial amount of primary
799employment in the commonwealth;
800 (v) the enterprise’s principals have made or are prepared to make a substantial financial
801and time commitment to the enterprise;
802 (vi) the securities to be purchased shall be qualified securities; 39 of 110
803 (vii) there shall be a reasonable possibility that the center shall, at a minimum, recoup its
804initial investment;
805 (viii) binding commitments have been made to the center by the enterprise for adequate
806reporting of financial data to the center, which shall include a requirement for an annual or other
807periodic audit of the books of the enterprise, and for such control on the part of the center as the
808board shall consider prudent over the management of the enterprise, to protect the investment of
809the center including the board's right to access, without limitation, financial and other records of
810the enterprise; and
811 (ix) a reasonable effort has been made to find a professional investor to invest in the
812enterprise and such effort was unsuccessful.
813 (e) The center shall not make a qualified investment pursuant to clause (1) of
814subsection (b) unless:
815 (1) said investment has been approved by a majority vote of the board;
816 (2) the recipient is a certified life sciences company pursuant to section 5 or a project or
817initiative listed in subsection (d);
818 (3) the center finds, to the extent possible, that a definite benefit to the commonwealth's
819economy may reasonably be expected from said qualified investment; provided, further, that in
820evaluating a request or application for funding, the center shall consider the following:
821 (i) the appropriateness of the project;
822 (ii) whether the project has significant potential to expand employment; 40 of 110
823 (iii) the project’s potential to enhance technological advancements;
824 (iv) the project's potential to lead to a breakthrough medical treatment for a particular
825disease or medical condition;
826 (v) the project's potential for leveraging additional funding or attracting resources to the
827commonwealth;
828 (vi) the project's potential to promote manufacturing in the commonwealth; and
829 (vii) evidence of potential royalty income and contractual means to recapture such
830income for the purposes of this chapter, as the center considers appropriate;
831 (4) to the extent said investment is a capital investment made pursuant to clause (8) of
832subsection (c), the investment has been approved by the secretary of the executive office of
833administration and finance upon request of the center; provided, however, that said request shall
834be submitted to the secretary in writing and shall, include but not be limited to:
835 (i) a description of the project or program to be funded;
836 (ii) the economic benefits to the commonwealth which can reasonably be expected from
837said project or program;
838 (iii) a copy of the proposed contract or other document executing the transaction between
839the center and the recipient of the funds;
840 (iv) a description of the contractual or other legal remedies available to the center upon
841non-performance of the contract or other document executing the transaction by the recipient 41 of 110
842including, but not limited to, any provisions for restitution or reimbursement of the funds
843granted, loaned or otherwise invested in or with the recipient; and
844 (v) any other information as the secretary may determine; and
845 (5) said qualified investment conforms with the rules approved by the board.
846 Said rules shall set the terms and conditions for investments which shall constitute
847qualified investments including, but not limited to, loans, guarantees, loan insurance or
848reinsurance, equity investments, grants awarded pursuant to clause (3) of subsection (c), other
849financing or credit enhancing devices, as established by the center directly or on its own behalf
850or in conjunction with other public instrumentalities, or private institutions or the federal
851government. Said rules shall provide that qualified investments made pursuant to clauses (1) and
852(2) of said subsection (c) shall involve a transaction with the participation of at least 1 at-risk
853private party.
854 Said rules shall establish the terms, procedures, standards and conditions which the center
855shall employ to identify qualified applications, process applications, make investment
856determinations, safeguard the fund, advance the objective of increasing employment
857opportunities, oversee the progress of qualified investments and secure the participation of other
858public instrumentalities, private institutions or the federal government in such qualified
859investments. Said rules shall provide for negotiated intellectual property agreements between the
860center and a qualified investment recipient which shall include the terms and conditions by
861which the fund's support may be reduced or withdrawn.
862 (f) The center may solicit investments by private institutions or investors in the
863activities of the fund and may reach agreements with such private institutions or investors 42 of 110
864regarding the terms of any such investments including, but not limited to, the rights of such
865investors to participate in the income or appropriation of the fund. To further the objective of
866securing investments by private institutions or investors in the activities of the fund pursuant to
867the preceding sentence, the center may develop a proposal creating a separate investment entity
868which shall permit the commingling of the fund's resources with the maximum participation by
869such private institutions or investors in a manner consistent with the public purpose of the fund
870and under the terms and conditions established to protect and preserve the assets of the fund.
871 (g) Copies of the approved rules, and any modifications, shall be submitted to the
872clerks of the house of representatives and the senate, who shall forward the same to the house
873and senate committees on ways and means and the joint committee on economic development
874and emerging technologies.
875 (h) Qualified investment transactions made by the center pursuant to this section shall
876not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and
877shall be payable solely from the Massachusetts Life Sciences Breakthrough Fund established by
878this section and shall not constitute a debt or pledge of the full faith and credit of the
879commonwealth, the center or any subdivision of the commonwealth.
880 (i) The center shall not make expenditure from or commitment of the assets of the
881fund including, but not limited to, the making of qualified investments secured by the fund, if
882following the making of said qualified investment, the amount of the fund shall be less than the
883minimum requirement established by the board.
884 SECTION 50. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby
885amended by adding the following sentence:- The center may in its discretion transfer funds from 43 of 110
886the Life Sciences Breakthrough Fund established under section 6 to the Dr. Craig C. Mello Small
887Business Equity Investment Fund to advance the purposes of this section.
888 SECTION 51. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby
889amended by adding the following sentence:- The center may in its discretion transfer funds from
890the Life Sciences Breakthrough Fund established under section 6 to the Dr. Judah Folkman
891Higher Education Grant Fund to advance the purposes of this section.
892 SECTION 52. Sections 9 and 10 of chapter 23I of the General Laws are hereby repealed.
893 SECTION 53. Section 12 of said chapter 23I is hereby repealed.
894 SECTION 54. Section 15 of said chapter 23I, as so appearing, is hereby amended by
895striking out the words “October 1”, in line 18, and inserting in place thereof the following
896words:- December 31.
897 SECTION 55. Section 1 of chapter 23J of the General Laws, as appearing in the 2022
898Official Edition, is hereby amended by inserting after the definition of “Clean energy research”
899the following 3 definitions:-
900 “Climatetech”, clean energy, other advanced, and applied technologies that contribute to
901the decarbonization of the economy, reduce and mitigate greenhouse gas emissions, or mitigate
902the impacts of climate change through adaptation, resiliency and environmental sustainability.
903 “Climatetech company”, a business corporation, partnership, firm, unincorporated
904association or other entity engaged in research, development, innovation, manufacturing,
905deployment or commercialization of climatetech technologies in the commonwealth and any 44 of 110
906affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63,
90764H or 64I.
908 “Climatetech research”, clean energy research, advanced, and applied research in new
909climatetech technologies.
910 SECTION 56. Subsection (a) of section 2 of said chapter 23J, as so appearing, is hereby
911amended by striking out, in the third paragraph, the words “clean energy”, each time they appear,
912and inserting in place thereof the following word:- climatetech.
913 SECTION 57. Said subsection (a) of said section 2 of said chapter 23J, as so appearing, is
914hereby further amended by striking out the word “clean”, in line 32, and inserting in place
915thereof the following word:- climatetech.
916 SECTION 58. Subsections (b) and (e) of said section 2 of said chapter 23J, as so
917appearing, is hereby amended by striking out the words “clean energy”, each time they appear,
918and inserting in place thereof the following word:- climatetech.
919 SECTION 59. Subsection (a) of section 3 of said chapter 23J, as so appearing, is hereby
920amended by striking out the words “clean energy”, each time they appear, and inserting in place
921thereof the following word:- climatetech.
922 SECTION 60. Section 5 of said chapter 23J, as so appearing, is hereby amended by
923striking out the words “clean energy”, each time they appear, and inserting in place thereof the
924following word:- climatetech. 45 of 110
925 SECTION 61. Section 7 of said chapter 23J, as so appearing, is hereby amended by
926striking out the words “clean energy”, each time they appear, and inserting in place thereof the
927following word:- climatetech.
928 SECTION 62. Section 8 of said chapter 23J, as so appearing, is hereby amended by
929striking out the words “clean energy”, each time they appear, and inserting in place thereof the
930following word:- climatetech.
931 SECTION 63. Subsections (b) and (c) of said section 9 of said chapter 23J, as so
932appearing, is hereby amended by inserting after the words “renewable energy”, each time they
933appear, the following words:- and climatetech.
934 SECTION 64. Said subsection (c) of said section 9 of said chapter 23J, as so appearing, is
935hereby further amended by inserting after the words “clean energy”, each time they appear, the
936following words:- and climatetech.
937 SECTION 65. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is
938hereby amended by striking out, in lines 78 to 87, clauses (i) through (v), inclusive, and inserting
939in place thereof the following clauses:-
940 (i) the growth of the renewable energy-provider and climatetech industry; (ii) the use of
941renewable energy by electricity customers in the commonwealth; (iii) public education and
942training regarding renewable energy and climatetech including, but not limited to, promoting
943programs and investments that lead to pathways toward economic self-sufficiency for low- and
944moderate-income individuals and communities in the clean energy and climatetech industry; (iv)
945product and market development; (v) pilot and demonstration projects and other activities 46 of 110
946designed to increase the use and affordability of renewable energy and climatetech resources by
947and for consumers in the commonwealth;
948 SECTION 66. Subsection (e) of said section 9 of said chapter 23J, as so appearing, is
949hereby amended by inserting after the words “renewable energy”, each time they appear, the
950following words:- and climatetech.
951 SECTION 67. Subsection (f) of said section 9 of said chapter 23J, as so appearing, is
952hereby amended by striking out, in line 123, the word “projects.” and inserting in place thereof
953the following words:- projects; climatetech technologies eligible for assistance shall be
954consistent with the definition of climatetech provided in Section 1 of this chapter.
955 SECTION 68. Said subsection (f) of said section 9 of said chapter 23J, as so appearing, is
956hereby further amended by inserting, in line 134, after the words “renewable energy”, the
957following words:- and climatetech.
958 SECTION 69. Clause (2) of subsection (b) of section 9A of said chapter 23J, as so
959appearing, is hereby amended by striking out, in line 24, the words “clean energy” and inserting
960in place thereof the following word:- climatetech.
961 SECTION 70. Said subsection (b) of said section 9A of said chapter 23J, as so
962appearing, is hereby amended by striking out clause (12), and inserting in place thereof the
963following 3 clauses:-
964 (12) promote jobs, economic and workforce development through capital grants to
965companies and governmental entities for the purpose of supporting and stimulating research, and 47 of 110
966development, innovation, manufacturing, commercialization and deployment of offshore wind in
967the commonwealth;
968 (13) provide for the necessary and reasonable administrative and personnel costs of the
969center or of the executive office of energy and environmental affairs related to administering the
970fund; and
971 (14) otherwise further the public purposes set forth in this section.
972 SECTION 71. Subsection (e) of said section 9A of said chapter 23J, as so appearing, is
973hereby amended by inserting, in line 132, after the word “energy” the following words:- ,
974climatetech,.
975 SECTION 72. Section 10 of said chapter 23J, as so appearing, is hereby amended by
976striking out the words “clean energy”, each time they appear, and inserting in place thereof the
977following word:- climatetech.
978 SECTION 73. Section 13 of said chapter 23J, as so appearing, is hereby amended by
979striking out the words “clean energy”, each time they appear, and inserting in place thereof the
980following word:- climatetech.
981 SECTION 74. Section 15 of said chapter 23J, as so appearing, is hereby amended by
982striking out the words “clean energy”, each time they appear, and inserting in place thereof the
983following word:- climatetech.
984 SECTION 75. Subsection (b) of section 15 of said chapter 23J, as so appearing, is hereby
985amended by striking out, in lines 47 to 50, inclusive, the words “and (x) providing for the
986necessary and reasonable administrative and personnel costs of the center or of the executive 48 of 110
987office of energy and environmental affairs related to administering the fund”, and inserting in
988place thereof the following 2 clauses:-
989 (x) promoting jobs, economic and workforce development through capital grants to
990companies and governmental entities for the purpose of supporting and stimulating research, and
991development, innovation, manufacturing, commercialization and deployment of climatetech
992technologies in the commonwealth; and
993 (xi) providing for the necessary and reasonable administrative and personnel costs of the
994center or of the executive office of energy and environmental affairs related to administering the
995fund.
996 SECTION 76. Said chapter 23J, as so appearing, is hereby further amended by adding the
997following section:-
998 Section 16. (a) There shall be established and placed within the center a Massachusetts
999climatetech industry tax incentive program that shall be administered by the center. The purpose
1000of the program shall be to develop and expand climatetech industry-related employment
1001opportunities in the commonwealth and to promote climatetech related economic development in
1002the commonwealth by supporting and stimulating research, development, innovation,
1003manufacturing and deployment in the climatetech sector. Certified climatetech companies shall
1004be eligible for participation in the program.
1005 (b) The center may, upon a majority vote of the board, certify a climatetech company as a
1006climatetech company upon: (i) the timely receipt, as determined by the center, of a certification
1007proposal supported by independently verifiable information, signed under the pains and penalties
1008of perjury by a person expressly authorized to contract on behalf of the climatetech company and 49 of 110
1009shall include, but not be limited to, an estimate of the projected new state revenue the climatetech
1010company expects to generate during the period for which the company seeks certification,
1011together with a plan that shall include, but not be limited to: (1) precise goals and objectives, by
1012which the climatetech company proposes to achieve the projected new state revenue; (2) an
1013estimate of the number of permanent full-time employees to be hired or retained; (3) an estimate
1014of the year in which the company expects to hire or retain the employees; (4) an estimate of the
1015projected average salaries of said employees; (5) an estimate of the projected taxable income
1016pursuant to chapter 62 generated by said employees; (6) an estimate of the methods by which the
1017company shall obtain new employees and pursue a diverse workforce; and (7) if applicable, an
1018estimate of the company's planned capital investment in the commonwealth; and (ii) findings
1019made by the center, based on the certification proposal, documents submitted therewith and any
1020additional investigation by the center that shall be incorporated in its approval, that: (1) the
1021climatetech company is likely to contribute substantially to research, development, innovation,
1022manufacturing, commercialization or deployment of climatetech in the commonwealth; (2) the
1023climatetech company has a substantial likelihood of meeting all statutory requirements and any
1024other criteria that the center may prescribe including, but not limited to, criteria in the following
1025areas: (A) leveraging additional funding or attracting additional resources to the commonwealth;
1026(B) increasing research, development, innovation, manufacturing, commercialization or
1027deployment of climate technologies within the commonwealth; and (C) creating employment in
1028the commonwealth; and (3) the climatetech company has a substantial likelihood of meeting its
1029state revenue, employment growth and applicable capital investment projections, as specified in
1030the certification proposal, over the period for which it receives benefits. 50 of 110
1031 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting
1032with the tax year in which certification is granted. Each certified climatetech company shall file
1033an annual report with the center certifying whether it has met the specific targets established in
1034the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards
1035those targets.
1036 (2) The certification of a climatetech company may be revoked by the center after an
1037investigation by the center and a determination that the climatetech company is in material
1038noncompliance with its certification proposal; provided, however, that the center shall review
1039said certified climatetech company at least annually. Revocation shall take effect on the first day
1040of the tax year in which the center determines the certified climatetech company to be in material
1041noncompliance. The commissioner of revenue shall, as of the effective date of the revocation,
1042disallow any credits allowed by the original certification of tax benefits under this section. The
1043commissioner of revenue shall issue regulations to establish a process to recapture the value of
1044any credits allowed by the certification under this section. For the purposes of this paragraph,
1045“material noncompliance” shall mean the failure of a certified climatetech company to
1046substantially achieve the new state revenue, job growth and capital investment projections set
1047forth in its certification proposal or any other act, omission or misrepresentation by the certified
1048climatetech company that frustrates the public purpose of the Massachusetts climatetech industry
1049tax incentive program.
1050 (3) Nothing in this subsection shall limit any legal remedies available to the
1051commonwealth against any certified climatetech company. 51 of 110
1052 (d) The center, in consultation with the department of revenue, may annually authorize
1053incentives, including those established in subsections (ee) and (ff) of section 6 of chapter 62,
1054subsection (j) of section 38M of chapter 63, section 38OO of said chapter 63, section 38PP of
1055said chapter 63, section 38QQ of said chapter 63, the second paragraph of subsection (c) of
1056section 42B of said chapter 63, and subsection (yy) of section 6 of chapter 64H that shall not
1057exceed $30,000,000 annually. The center, in consultation with the department of revenue, may
1058limit the incentives to a specific dollar amount or time duration or in any other manner deemed
1059appropriate by the department of revenue; provided, however, that the department of revenue
1060shall only allocate the incentives among certified climatetech companies.
1061 The center, in consultation with the department of revenue, shall provide an estimate to
1062the secretary of administration and finance of the tax cost of extending benefits to a proposed
1063project before certification, as approved by the commissioner of revenue, based on reasonable
1064projections of project activities and costs. Tax incentives shall not be available to a certified
1065climatetech company unless expressly granted by the secretary of administration and finance in
1066writing.
1067 SECTION 77. Section 18 of chapter 23N, as most recently amended by section 137 of
1068chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (b) and
1069inserting in place thereof the following subsection:-
1070 (b) The fund shall be administered by the secretary of economic development. Money in
1071the fund shall be competitively granted pursuant to existing workforce development programs
1072that develop and strengthen workforce opportunities for low-income communities or vulnerable
1073youth and young adults in the commonwealth, including providing opportunities and strategies to 52 of 110
1074promote stable employment and wage growth, or competitively granted to eligible recipients
1075described in subsection (c).
1076 SECTION 78. Subsection (c) of said section 18 of said chapter 23N of the General Laws,
1077as so appearing, is hereby further amended by striking out, in lines 22 to 24, the words “and (iv)
1078provide English language learning programs to promote access to the workforce” and inserting in
1079place thereof the following words:- (iv) provide English language learning programs to promote
1080access to the workforce; or (v) facilitate work permits, professional credentialing, or other
1081workforce opportunities for non-citizens permanently residing under color of law or otherwise
1082lawfully present in the commonwealth
1083 SECTION 79. Subsection (b) of section 29K of chapter 29 of the General Laws, as
1084appearing in the 2022 Official Edition, is hereby amended by adding, in line 26, the following
1085sentence:-
1086 Notwithstanding the requirements of any other chapter of the General Laws, the board of
1087directors of a state authority may meet independently of management or in executive session to
1088discuss matters pertaining to the audit or compensation committees.
1089 SECTION 80. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby
1090amended by adding the following subsection:-
1091 (g) Notwithstanding section 39M of chapter 30, or any general or special law to the
1092contrary, a governmental body may procure (i) broadband internet service, (ii) the design,
1093installation, maintenance and operation of fiber optic cables and other equipment to provide
1094broadband internet service to a public building or buildings, and (iii) the design, installation,
1095maintenance and operation of a wireless communication network for a public building or public 53 of 110
1096land, or any combination of the foregoing, in a single procurement conducted in accordance with
1097section 5 of this chapter. All such fiber optic cables, wireless network equipment and other
1098physical improvements designed, installed, maintained and operated pursuant to such
1099procurement shall be considered supplies.
1100 SECTION 81. Section 6 of Chapter 40A of the General Laws, as appearing in the 2022
1101Official Edition, is hereby amended by striking out, in lines 26 to 32, inclusive, the second
1102paragraph and inserting in place thereof the following paragraph:-
1103 A zoning ordinance or by-law shall provide that construction or operations under a
1104building permit shall conform to any subsequent amendment of the ordinance or by-law unless
1105the use or construction is commenced within a period of not more than 12 months after the
1106issuance of the permit and, in cases involving construction, unless such construction is continued
1107through to completion as continuously and expeditiously as is reasonable. Construction or
1108operations under a special permit issued pursuant to section 9 of this chapter, or site plan
1109approval pursuant to the local ordinance or by-law, shall conform to any subsequent amendment
1110of the zoning ordinance or by-law or of any other local land use regulations unless the use or
1111construction is commenced within a period of 3 years after the issuance of the special permit or
1112site plan approval; and, in cases involving construction, unless such construction is continued
1113through to completion as continuously and expeditiously as is reasonable. For the purpose of the
1114prior sentence, construction involving the redevelopment of previously disturbed land shall be
1115deemed to have commenced upon substantial investment in site preparation or infrastructure
1116construction, and construction of developments intended to proceed in phases shall proceed
1117expeditiously, but not continuously, among phases. 54 of 110
1118 SECTION 82. Section 59 of chapter 40 of the General Laws, as appearing in the 2022
1119Official Edition, is hereby amended by striking out, in lines 4 to 6, inclusive, the words “ and
1120pursuant to regulations issued by the economic assistance coordinating council established under
1121section 3B of chapter 23A,”.
1122 SECTION 83. Said section 59 of said chapter 40, as so appearing, is hereby further
1123amended by striking out subsection (i) and inserting in place thereof the following subsection:-
1124(i) includes a description of the parcels to be included in the agreement;.
1125 SECTION 84. Said section 59 of said chapter 40, as so appearing, is hereby further
1126amended by striking out, in line 30, the words “within such TIF area”.
1127 SECTION 85. Said section 59 of said chapter 40, as so appearing, is hereby further
1128amended by striking out, in lines 32 to 33, the words “as required by said regulations”.
1129 SECTION 86. Said section 59 of said chapter 40, as so appearing, is hereby further
1130amended by striking out subsection (vii).
1131 SECTION 87. Said section 59 of said chapter 40, as so appearing, is hereby further
1132amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following
1133figure:- (vii).
1134 SECTION 88. Said section 59 of said chapter 40, as so appearing, is hereby further
1135amended by striking out, in lines 91 to 92, the words “and the economic assistance coordinating
1136council”. 55 of 110
1137 SECTION 89. Subsection (a) of section 4G of chapter 40J of the General Laws, as
1138appearing in the 2022 Official Edition, is hereby amended by inserting after the word “granted;”,
1139in line 21, the following words:-
1140 provided, however, that the University of Massachusetts may leverage funding sourced
1141from an agency to meet the match requirement;.
1142 SECTION 90. Subsection (c) of section 6B of chapter 40J of the General Laws, as most
1143recently amended by section 179 of chapter 7 of the acts of 2023, is hereby further amended by
1144striking out the last sentence.
1145 SECTION 91. Section 2 of chapter 43D of the General Laws, as so appearing, is hereby
1146amended by striking out the definitions for the terms “Interagency permitting board” and
1147“Priority development site” and inserting the following 2 definitions:-
1148 “Permit regulatory office”, the office within the executive office of economic
1149development pursuant to section 3H of chapter 23A.
1150 “Priority development site”, a privately or publicly owned property that is: (1) eligible
1151under applicable zoning provisions, including special permits or other discretionary permits, for
1152the development or redevelopment of a building at least 50,000 square feet of gross floor area in
1153new or existing buildings or structures; and (2) designated as a priority development site by the
1154permit regulatory office. Several parcels or projects may be included within a single priority
1155development site.
1156 SECTION 92. Section 3 of said chapter 43D, as so appearing, is hereby amended by
1157striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:- 56 of 110
1158 (a)A governing body seeking designation of a priority development site shall file a
1159formal proposal with the permit regulatory office. If the proposal includes an intention to
1160develop housing within the priority development site, the governing body shall provide a copy of
1161the proposal to the secretary of housing and livable communities. The proposal shall include: (i)
1162a detailed description of the property; (ii) good faith commitment to comply with this chapter;
1163(iii) a description of the uses that could be developed within the priority development site; and
1164(iv) such other information as the secretary shall require by regulation or program guidelines,
1165after consultation with the secretary of energy and environmental affairs, the secretary of housing
1166and livable communities, and the secretary of transportation.
1167 (b)The secretary shall by regulation or program guidelines establish the criteria for
1168designating priority development sites. These criteria shall include a preference for areas that
1169include one or more of the following: (i) underutilized buildings or facilities, (ii) adequate
1170utilities for the types of development anticipated to occur, (iii) convenient access to a public
1171transit station, or (iv) areas in which electric grid capacity can satisfy new all electric building.
1172Priority development sites shall not include areas containing highly sensitive natural resources or
1173areas in which development would be at significant risk from rising sea levels or other flood risk
1174caused or exacerbated by climate change.
1175 SECTION 93. Section 11 of said chapter 43D, as so appearing, is hereby amended by
1176striking out, in lines 2 to 3, the words “unless the permit expressly allows the transfer without the
1177approval of the issuing authority” and inserting in place thereof the following words:-
1178 except as provided in a local ordinance or bylaw, or in an applicable state law or
1179regulation. 57 of 110
1180 SECTION 94. Said chapter 43D, as so appearing, is hereby further amended by striking
1181out section 12 and inserting in place thereof the following section:-
1182 A municipality that has a priority development site shall be eligible for priority
1183consideration for (i) any grant program administered by the executive office of economic
1184development; (ii) other state resources for business development such as quasi-public financing
1185and training programs; (iii) brownfields remediation assistance administered by the
1186Massachusetts Development Finance Agency; and (iv) technical assistance provided by the
1187regional planning council; provided that the state financial assistance or technical assistance is
1188intended to facilitate development within the priority development site; and provided further that
1189priority consideration for such grants and other financial assistance shall apply only to a
1190municipality that is in compliance with the multifamily zoning requirements of section 3A of
1191chapter 40A, if applicable.
1192 SECTION 95. Section 13 of said chapter 43D, as so appearing, is hereby repealed.
1193 SECTION 96. Chapter 98 of the General Laws is hereby amended by adding the
1194following section:-
1195 Section 59. (a) For the purposes of this section, the following terms shall have the
1196following meanings unless the context clearly requires otherwise:-
1197 “Charging session”, an event starting when a customer of an EVSE initiates purchase of
1198electric vehicle charging services from an EVSE and ends when either the EVSE or the customer
1199ends the continuous transfer of said electric vehicle charging services to that customer’s electric
1200vehicle. 58 of 110
1201 “Commercial electric vehicle charging station”, an EVSE, or a group of EVSEs, at a
1202certain location where every EVSE within that group is owned and operated by the same person
1203or entity and which requires users to pay the EVSE owner a fee for electric vehicle charging
1204services.
1205 “Director”, the director of standards in the office of consumer affairs and business
1206regulation.
1207 “Division”, the division of standards in the office of consumer affairs and business
1208regulation.
1209 “Electric vehicle”, means a battery electric vehicle that draws propulsion energy solely
1210from an on-board electrical energy storage device during operation that is charged from an
1211external source of electricity or a plug-in hybrid electric vehicle with an on-board electrical
1212energy storage device that can be recharged from an external source of electricity which also has
1213the capability to run on another fuel.
1214 “Electric vehicle charging services”, the transfer of electric energy from an electric
1215vehicle charging station to a battery or other storage device in an electric vehicle and billing
1216services, networking and operation and maintenance.
1217 “Electric vehicle supply equipment” or “EVSE”, a device or system designed and used
1218specifically to transfer electrical energy to an electric vehicle, either as charge transferred via
1219physical or wireless connection, by loading a fully charged battery, or by other means.
1220 “EVSE connector”, a cable and connector combination which carries electrical current
1221from a commercial electric vehicle charging station’s enclosure to the port of an electric vehicle. 59 of 110
1222 “EVSE owner”, any person owning, in whole or in part, a commercial electric vehicle
1223charging station in Massachusetts.
1224 “Network roaming”, the act of a member of 1 electric vehicle charging station billing
1225network using a charging station that is outside of the member's billing network with the
1226member's billing network account information.
1227 (b) An EVSE owner shall register a commercial electric vehicle charging station with the
1228division prior to offering electric vehicle charging services to the public on a form created by the
1229division. The division shall set the length of the term of the registration by regulation. An
1230applicant for registration shall submit such registration in the manner determined by the division
1231along with the appropriate registration fee established pursuant to subsection (d).
1232 No person shall operate a commercial electric vehicle charging station without first
1233registering the device with the division. An EVSE owner who owns more than one commercial
1234electric vehicle charging station in Massachusetts shall separately register each commercial
1235electric vehicle charging station. The registrant shall notify the division within 30 days if the
1236station is sold or ownership is otherwise transferred, if the operator changes, or if the station
1237ceases operation.
1238 (c) The registration form may include the commercial electric vehicle charging station’s
1239street address; geographic location; hours of operation; charging level; number, make, and model
1240for each EVSE; number and type of connectors for each EVSE; hardware compatibility for each
1241EVSE; description and amount of any fees users may incur to use the commercial EVSE;
1242accepted methods of payment; and any other information the division finds necessary. 60 of 110
1243 (d) The division shall establish a fee schedule for registrations, renewals, and inspections,
1244including the imposition of late charges when appropriate, by regulation. The division may retain
1245such registration fees and fines it collects in order to support its operations.
1246 (e) An EVSE owner shall display on each EVSE, clearly visible to a user of that EVSE,
1247the price per kilowatt-hours of the electric vehicle charging services and any other costs a user
1248might encounter when purchasing electric vehicle charging services from the EVSE. The price
1249shown on such display shall display any taxes imposed on the sale of the charging services. No
1250sign, advertising material or other display or product that is placed upon, above or around an
1251EVSE shall directly or indirectly obscure the posted price.
1252 (f) No EVSE owner shall sell electric vehicle charging services at any price other than the
1253price so posted at the time of the sale. Any EVSE owner who sells electric vehicle charging
1254services to a customer from an EVSE shall display on each EVSE, at a location and in a manner
1255clearly visible to a user of that EVSE, the total volume of electricity transferred during each
1256charging session. Any advertisement, statement, or display of electric vehicle charging services
1257prices shall display the total price, including any taxes, usage fees, and any membership fees
1258required to obtain the price displayed.
1259 (g) The director and their inspectors shall have the power to test, inspect and seal all
1260EVSEs in accordance with standards set forth in the most recent publication of the National
1261Institute of Standards and Technology Handbook 44 as adopted by the National Conference on
1262Weights and Measures. Notwithstanding any other general law or special law to the contrary,
1263said testing, inspection, and sealing shall be the sole responsibility of the division. All EVSE
1264connectors and related equipment and systems shall meet all the applicable requirements 61 of 110
1265contained in the most recent publication of the National Institute of Standards and Technology
1266Handbook 44.
1267 All EVSE connectors and related equipment and systems which the division determines
1268have met the standard contained herein shall be marked in a manner visible to consumers, as
1269determined by the division. The division shall also affix a security seal to said EVSE pursuant to
1270the standards contained in the most recent publication of National Institute of Standards and
1271Technology Handbook 44.
1272 (h) The division may adopt, amend, alter or repeal, and shall enforce all such reasonable
1273orders, rules and regulations as may be necessary or suitable for the administration and
1274enforcement of this section, inclusive, and the division may, in such administration and
1275enforcement, at any time cause to be made by its agents or representatives an audit, examination
1276or investigation of the books, records, papers, vouchers, accounts and documents of any EVSE
1277owner, who shall make them available, upon oral or written demand, to the division or any of its
1278duly authorized agents or representatives. Every EVSE owner shall keep such records as may be
1279prescribed by the orders, rules or regulations adopted by the division.
1280 (i) A violation of any provision of this section shall be punished by a civil citation of not
1281more than $5,000, pursuant to section 29A. Upon the second violation of this section, the
1282division may, in addition to assessing a civil citation, suspend the right of such registrant to
1283engage in the business of selling electric vehicle charging services for a period not exceeding 3
1284months, and upon the third or subsequent violation, in addition to assessing a civil citation,
1285suspend such right for a period not exceeding 1 year. Any party aggrieved by any action of the 62 of 110
1286division pursuant to this subsection may appeal in accordance with the provisions of section
128729A.
1288 (j) All EVSE connectors and related equipment and systems which cannot be made to
1289conform to the standard described in subsection (g) shall be taken out of service and marked or
1290labelled in a manner by the division until it meets such standard. Whoever removes said mark or
1291label without the consent of the person affixing the same shall be punished by a fine of not more
1292than five thousand dollars or shall be subject to a civil citation as provided in section 29A.
1293 (k) The owner or operator of a commercial electric vehicle charging station shall provide
1294payment options that allow access to the charging station by the general public. A person shall
1295not be required to pay a subscription fee to use a commercial electrical vehicle charging station
1296or be required to obtain a membership in a club, association or organization as a condition of
1297using the station; provided, however, that owners and operators of a commercial electrical
1298vehicle charging station may have separate price schedules conditioned on a subscription or
1299membership.
1300 (l) The owner or operator of a public electric vehicle charging station or a designee shall
1301disclose on an ongoing basis to the United States Department of Energy National Renewable
1302Energy Laboratory, or other publicly available database designated by the division in
1303consultation with the department of energy resources, the station's geographic location, hours of
1304operation, charging level, hardware compatibility, schedule of fees, accepted methods of
1305payment and the amount of network roaming charges for nonmembers, if any.
1306 SECTION 97. Section 6 of chapter 62 of the General Laws, as appearing in the 2022
1307Official Edition, is hereby amended by striking out, in line 149, the words “EDIP contract” and 63 of 110
1308“proposed project”” and inserting in place thereof the following words:- “EDIP contract”,
1309“proportion of compliance”, “proposed project” and “refundable credit”.
1310 SECTION 98. Said section 6 of said chapter 62 of the General Laws, as so appearing, is
1311hereby further amended by striking out, in lines 154 to 157, inclusive, the words “, up to an
1312amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per
1313cent limitation shall not apply where the credit is refundable under paragraph (6)”.
1314 SECTION 99. Said section 6 of said chapter 62, as so appearing, is hereby further
1315amended by striking out, in lines 159 to 163, inclusive, the words “; provided further, that a
1316credit awarded in connection with a certified project that will retain permanent full-time
1317employees in a gateway municipality without creating a net increase in permanent full-time
1318employees shall not exceed $5,000 per retained employee”.
1319 SECTION 100. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as
1320most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further
1321amended by striking out the last sentence and inserting in place thereof the following 2
1322sentences:- The EACC shall provide the commissioner with the documentation that the
1323commissioner deems necessary to confirm compliance with the annual cap and the commissioner
1324shall provide a report confirming compliance to the secretary of administration and finance and
1325the secretary of economic development. Notwithstanding section 21 of chapter 62C, the
1326department of revenue shall provide the EACC with documentation confirming tax credits
1327claimed under this subsection by the owner or lessee of a certified project.
1328 SECTION 101. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62,
1329as so appearing, is hereby further amended by striking out the last sentence and inserting in place 64 of 110
1330thereof the following sentence:- The amount of credits subject to recapture shall be equal to the
1331taxpayer’s proportion of compliance, as determined by the EACC as part of its revocation
1332process and reported to the taxpayer and the department of revenue at the time that certification
1333is revoked.
1334 SECTION 102. Subsection (r) of section 6 of chapter 62 of the General Laws, as
1335appearing in the 2022 Official Edition, is hereby amended by striking out, in line 949, the figure
1336“$30,000,000” and inserting in place thereof the following figure:- $50,000,000.
1337 SECTION 103. Said section 6 of said chapter 62, as so appearing, is hereby further
1338amended by striking out subsection (t).
1339 SECTION 104. Subsection (bb) of said section 6 of said chapter 62, as so appearing, is
1340hereby amended by striking out, in line 1422, the figure “50” and inserting in place thereof the
1341following figure:- 10.
1342 SECTION 105. Subsection (cc) of said section 6 of said chapter 62, as so appearing, is
1343hereby amended by striking out, in line 1468, the word “its” and inserting in place thereof the
1344following words:- the owner’s.
1345 SECTION 106. Said subsection (cc) of said section 6 of said chapter 62 of the General
1346Laws, as so appearing, is hereby further amended by striking out, in line 1488, the words
1347“owner’s capital investment” and inserting in place thereof the following words:- total leasable
1348square footage.
1349 SECTION 107. Said subsection (cc) of said section 6 of said chapter 62 of the General
1350Laws, as so appearing, is hereby further amended by striking out, in lines 1489 to 1490, the 65 of 110
1351words “employ, in the aggregate with other tenants at the offshore wind facility, not less than
1352200” and inserting in place thereof the following words:- employ not less than 50.
1353 SECTION 108. Said section 6 of said chapter 62 of the General Laws, as so appearing, is
1354hereby further amended by adding the following 4 subsections:-
1355 (dd)(1) As used in this subsection, the following words shall, unless the context clearly
1356requires otherwise, have the following meanings:
1357 “Advertising and public relations expenditure”, a cost incurred within the commonwealth
1358by an eligible theater production for goods or services related to the marketing, public relations,
1359creation and placement of print, electronic, television, billboards or other forms of advertising to
1360promote the eligible theater production.
1361 “Eligible theater production”, a live stage musical, dance or theatrical production or tour
1362being presented in a qualified production facility that is either: (i) a pre-Broadway production;
1363 (ii) a pre-off Broadway production; (iii) a national tour launch; or (iv) a regional
1364professional theater production.
1365 “Eligible theater production certificate”, a certificate issued by the office, in consultation
1366with the commissioner, certifying that a production is an eligible theater production that meets
1367the rules or regulations of the office, and that it has been awarded a tax credit in a specified
1368amount, pursuant to section 3M of chapter 23A.
1369 “National tour launch”, a live stage production that, in its original or adaptive version, is
1370performed in a qualified production facility and opens its national tour in the commonwealth. 66 of 110
1371“Office”, the Massachusetts office of business development established in section 1 of chapter
137223A, or any constituent office thereof.
1373 “Payroll”, all salaries, wages, fees and other compensation from sources within the
1374commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred
1375or paid to talent and non-talent employees of the applicant for services rendered within the
1376commonwealth to and on behalf of an eligible theater production; provided, that the payroll
1377expenditure shall be incurred or paid by the applicant for services related to any portion of an
1378eligible theater production from its pre-production stages, including, but not limited to: (i) the
1379writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from
1380vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x)
1381performances; (xi) other eligible theater production related activities; and (xii) load out; and
1382provided further, that the payroll expenditure shall be directly attributable to the eligible theater
1383production and shall be limited to the first $100,000 of wages incurred or paid to each
1384employee of an eligible theater production in each tax year.
1385 “Pre-Broadway production”, a live stage production that, in its original or adaptive
1386version, is performed in a qualified production facility having a presentation scheduled for the
1387city of New York’s Broadway theater district within 24 months after its presentation in the
1388commonwealth.
1389 “Pre-off Broadway production”, a live stage production that, in its original or adaptive 67 of 110
1390version, is performed in a qualified production facility having a presentation scheduled for city
1391of New York’s off-Broadway theater district within 24 months after its presentation in the
1392commonwealth.
1393 “Production and performance expenditures”, a contemporaneous exchange of cash or
1394cash equivalent for goods or services related to development, production, performance or
1395operating expenditures incurred in the commonwealth for a qualified theater production,
1396including, but not limited to, expenditures for design, construction and operation, including sets,
1397special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with
1398sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals,
1399per diems, accommodations and other related costs.
1400 “Qualified production facility”, a facility located in the commonwealth in which live
1401theater productions are, or are intended to be, exclusively presented that contains at least 1 stage,
1402a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary
1403amenities necessary for the eligible theater production.
1404 “Regional professional theater production”, a live stage production that is performed in a
1405qualified production facility with a professional cast and crew.
1406 “Transportation expenditures”, expenses incurred in Massachusetts for the packaging,
1407crating and transportation both to the commonwealth for use in a qualified theater production of
1408sets, costumes or other tangible property constructed or manufactured out of state, or from the 68 of 110
1409commonwealth after use in a qualified theater production of sets, costumes or other tangible
1410property constructed or manufactured in the commonwealth and the transportation of the cast and
1411crew to and from the commonwealth; provided, that “transportation expenditures” shall include
1412any portion performed in Massachusetts of the packaging, crating and transporting of property
1413and equipment used for special and visual effects, sound, lighting and staging, costumes,
1414wardrobes, make-up and related accessories and materials and any other performance or
1415production-related property and equipment.
1416 (2) Any taxpayer that has been awarded an eligible theater production certificate and
1417has completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall
1418be allowed a tax credit against taxes imposed by this chapter. The credit shall not
1419exceed $5,000,000 and shall be limited to: (i) 35 per cent of in-state payroll costs; (ii) 25 per cent
1420of production and performance expenditures; and (iii) 25 per cent of transportation
1421expenditures. Additionally, the credit shall not exceed the amount of credit specified in the
1422eligible theater production certificate.
1423 (3) The tax credit shall be allowed against the tax for the taxable period in which the
1424credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year
1425may be carried forward for not more than 5 succeeding tax years.
1426 (4) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible for
1427the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or
1428otherwise to any individual or entity and such assignee of the tax credits that have not
1429claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in 69 of 110
1430whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits
1431may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed
1432pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the
1433assignee for not more than 5 succeeding tax years from the date an eligible theater production
1434certificate is first issued by the office. The assignor shall perfect the transfer by notifying the
1435commissioner, in writing, within 30 calendar days following the effective date of the transfer and
1436shall provide any information as may be required by the commissioner to administer and carry
1437out this subsection.
1438 (5) The commissioner shall promulgate such rules and regulations necessary for the
1439administration of this section.
1440 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
1441requires otherwise, have the following meanings:-
1442 “Capital investment”, expenses incurred for the site preparation and construction, repair,
1443renovation, improvement or equipping of a building, structure, facility or other improvements to
1444real property, including, but not limited to, site-related utility and transportation infrastructure
1445improvements.
1446 “Center”, the Massachusetts clean energy technology center established in section 2 of
1447chapter 23J.
1448 “Certified climatetech company”, as defined in section 1 of chapter 23J. 70 of 110
1449 “Climatetech facility”, any building, complex of buildings or structural components of
1450buildings, including access infrastructure, and all machinery and equipment used in the research,
1451manufacturing, assembly, development, provision, or administration of goods or services in the
1452climatetech sector.
1453 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech
1454facility; or (ii) ground leases the land underlying a climatetech facility for at least 50 years.
1455 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech
1456facility.
1457 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive
1458program established in section 16 of chapter 23J, may take a refundable credit against the taxes
1459imposed by this chapter in an amount, as determined by the center, of up to 50 per cent of the
1460owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded
1461pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond
1462to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter
146323J.
1464 (3) An owner shall be eligible for a tax credit authorized under this subsection if the
1465owner demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the
1466owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii)
1467the climatetech facility shall employ not less than 50 new full-time employees by the fifth year of
1468the owner's certification period under section 16 of chapter 23J. Upon verification, the center
1469shall provide this information to the department of revenue for the purpose of administering the
1470credit. 71 of 110
1471 (4) A tenant shall be eligible for a tax credit authorized pursuant to this subsection if
1472the tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii)
1473the owner has made a total capital investment in the facility that is not less than $5,000,000; (iii)
1474the tenant occupies a leased area of the climatetech facility that represents not less than 25 per
1475cent of the total leasable square footage of the facility; and (iv) the tenant shall employ not less
147613 full-time employees by the fifth year of the tenant's certification period under section 16 of
1477chapter 23J. Upon verification, the center shall provide this information to the department of
1478revenue for the purpose of administering the credit. The amount of tax credits awarded under this
1479subsection to a tenant for a taxable year shall not exceed the tenant's total lease payments for
1480occupancy of the climatetech facility for the taxable year.
1481 (5) The department of revenue shall issue the refundable portion of the credit without
1482further appropriation and in accordance with the cumulative amount, including the current year
1483costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
1484forth in subsection (d) of section 16 of chapter 23J.
1485 (6) The credit under this subsection shall be attributed on a pro rata basis to the
1486owners, partners or members of the legal entity entitled to the credit under this subsection and
1487shall be allowed as a credit against the tax due under this chapter from such owners, partners or
1488members in a manner determined by the commissioner.
1489 (7) The department of revenue shall promulgate such rules and regulations as are
1490necessary to administer the credit established in this section.
1491 (ff)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program
1492established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs 72 of 110
1493credit against the tax liability imposed under this chapter in an amount determined by the
1494Massachusetts clean energy technology center established in section 2 of said chapter 23J, in
1495consultation with the department of revenue.
1496 (2) A taxpayer taking a credit under this subsection shall commit to the creation of
1497not less than 5 net new permanent full-time employees in the commonwealth.
1498 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer
1499under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer
1500exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year,
150190 per cent of such excess credit, to the extent authorized by the climatetech tax incentive
1502program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward
1503to other taxable years.
1504 (4) The department of revenue shall issue the refundable portion of the jobs credit
1505without further appropriation and in accordance with the cumulative amount, including the
1506current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
1507annually as set forth in subsection (d) of section 16 of chapter 23J.
1508 (5)The credit under this subsection shall be attributed on a pro rata basis to the
1509owners, partners or members of the legal entity entitled to the credit under this subsection and
1510shall be allowed as a credit against the tax due under this chapter from such owners, partners or
1511members in a manner determined by the commissioner.
1512 (gg)(1) An employer engaged in business in the commonwealth that is not a
1513business corporation subject to the excise under chapter 63, may be allowed a credit each taxable
1514year against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages 73 of 110
1515paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit
1516allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the
1517balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
1518 (2) For an employer to be eligible for a credit under this subsection: (a) the intern
1519shall be enrolled in or a recent graduate of a public or private institution of higher education
1520located in Massachusetts; (b) the intern shall have been employed as a qualified intern by the
1521employer for at least 12 weeks in the taxable year for which the credit is claimed; and (c) the
1522employer shall demonstrate that the total number of interns employed in the taxable year exceeds
1523the average number of interns employed by the taxpayer per year over the previous three years.
1524An intern shall not be qualified if such intern is participating in another internship or
1525apprenticeship program for which an employer has claimed a credit in the taxable year under this
1526subsection or chapter 63.
1527 (3) The total cumulative value of the credits authorized pursuant to this subsection
1528and section 38RR of chapter 63 shall not exceed $10,000,000 annually. An employer shall not
1529claim more than $100,000 in credits under this subsection for any taxable year. A credit allowed
1530under this subsection shall not be transferable.
1531 (4) The credit under this subsection shall be attributed on a pro rata basis to the
1532owners, partners or members of the legal entity entitled to the credit under this subsection and
1533shall be allowed as a credit against the tax due under this chapter of such owners, partners or
1534members, in a manner determined by the commissioner.
1535 (5) The executive office of economic development, in consultation with the
1536commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to 74 of 110
1537this subsection and section 38RR of chapter 63 and shall allocate the credit in accordance with
1538the standards and requirements set forth in regulations promulgated pursuant to this subsection.
1539The secretary of economic development, in consultation with the commissioner, shall
1540promulgate regulations establishing an application process for the credit.
1541 (6) The secretary of economic development shall annually file a report with the house
1542and senate committees on ways and means, the joint committee on economic development and
1543emerging technologies and the joint committee on labor and workforce development identifying
1544the following: (a) total amount of tax credits claimed pursuant to this subsection and section
154538RR of chapter 63; (b) the number of participating interns; and (c) the number of participating
1546employers. In the fourth submission of said annual report, the secretary of economic
1547development shall also provide an assessment of the effectiveness of the credit offered under this
1548subsection and section 38RR of chapter 63 in achieving the goal of retaining graduating talent in
1549the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may
1550provide to the secretary of economic development de-identified, statistical tax return information
1551related to the tax filings of former participating interns for the 5 tax years beginning after the
1552conclusions of the internship to evaluate whether former interns are both employed and
1553domiciled in the commonwealth after the internship. Said information must be shared in a
1554manner that prevents the identification of particular tax returns.
1555 SECTION 109. Subsection (a) of section 31M of chapter 63 of the General Laws, as so
1556appearing, is hereby amended by striking out the definition of “Life sciences” in lines 4 to 13,
1557inclusive, and inserting in place thereof the following definition:- 75 of 110
1558 “Life sciences,” advanced and applied sciences that expand the understanding of human
1559physiology and have the potential to lead to medical advances or therapeutic applications
1560including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
1561engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
1562intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
1563marine biology, marine technology, medical technology, medical devices, nanotechnology,
1564natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
1565interference, stem cell research and veterinary science.
1566 SECTION 110. Subsection (j) of section 38M of said chapter 63, as so appearing, is
1567hereby amended by striking out, in lines 120 to 121, the words “and (ii) equipment for the
1568federal National Aeronautics and Space Administration”, and inserting in place thereof the
1569following words:-
1570 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii)
1571medical countermeasures, including, but not limited to, medicines and medical supplies that can
1572be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or
1573nuclear threats; biologic products, vaccines, blood products, antibodies; antimicrobial or antiviral
1574drugs, diagnostic tests to identify threat agents and personal protective equipment.
1575 SECTION 111. Subsection (k) of said section 38M of said chapter 63, as so appearing, is
1576hereby amended by striking out the definition of “life sciences”, in lines 126 to 134, inclusive,
1577and inserting in place thereof the following definition:-
1578 “Life sciences”, advanced and applied sciences that expand the understanding of human
1579physiology and have the potential to lead to medical advances or therapeutic applications 76 of 110
1580including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
1581engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
1582intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
1583marine biology, marine technology, medical technology, medical devices, nanotechnology,
1584natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
1585interference, stem cell research and veterinary science.
1586 SECTION 112. Subsection (k) of section 38M of said chapter 63, as so appearing, is
1587hereby amended by inserting the following definitions:-
1588 “Climatetech”, shall have the same meaning as described in section 1 of chapter 23J.
1589 “Climatetech company”, shall have the same meaning as described in section 1 of chapter
159023J.
1591 SECTION 113. Said subsection (k) of said section 38M of said chapter 63, as so
1592appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting
1593in place thereof the following definition:-
1594 “Taxpayer”, a (i) person, (ii) certified life sciences company or (iii) a certified
1595climatetech company subject to the taxes imposed by chapters 62, 63, 64H or 64I.
1596 SECTION 114. Said subsection (k) of said section 38M of said chapter 63, as so
1597appearing, is hereby further amended by inserting after the words “chapter 23I”, in line 144, the
1598following words:- or the climatetech tax incentive program established in subsection (d) of
1599section 16 of chapter 23J. 77 of 110
1600 SECTION 115. Section 38N of chapter 63 of the General Laws, as appearing in the 2022
1601Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
1602the following subsection:-
1603 (a) As used in this section, “Certified project”, “EACC”, “EDIP contract”, “Proportion of
1604compliance” and “Refundable credit” shall have the same meanings as ascribed to them in
1605section 3A of chapter 23A.
1606 SECTION 116. Said section 38N of said chapter 63, as so appearing, is hereby further
1607amended by striking out, in lines 7 to 10, inclusive, the words “, up to an amount equal to 50 per
1608cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not
1609apply where the credit is refundable under subsection (d)”.
1610 SECTION 117. Said section 38N of said chapter 63, as so appearing, is hereby further
1611amended by striking out, in lines 13 to 17, inclusive, the words “adopt; provided, however, that a
1612credit awarded in connection with a certified project that will retain permanent full-time
1613employees in a gateway municipality without creating a net increase in permanent full-time
1614employees shall not exceed $5,000 per retained employee” and inserting in place thereof the
1615following word:- adopt.
1616 SECTION 118. Said section 38N of said chapter 63, as so appearing, is hereby further
1617amended by striking out, in line 27, the word “or”, the second time it appears, and inserting in
1618place thereof the following word:- of.
1619 SECTION 119. Said section 38N of said chapter 63, as so appearing, is hereby further
1620amended by striking out, in line 29, the word “or”, the second time it appears, and inserting in
1621place thereof the following word:- of. 78 of 110
1622 SECTION 120. The second paragraph of subsection (c) of said section 38N of said
1623chapter 63, as most recently amended by section 229 of chapter 7 of the acts of 2023, is hereby
1624further amended by adding the following sentence:- Notwithstanding section 21 of chapter 62C,
1625the department of revenue shall provide the EACC with documentation confirming credits
1626claimed under this section by a corporation subject to tax under this chapter that is the
1627controlling business of a certified project, or an affiliate of a controlling business.
1628 SECTION 121. Said section 38N of said chapter 63, as so appearing, is hereby further
1629amended by striking out, in line 46, the words “31A or”.
1630 SECTION 122. Subsection (i) of said section 38N of said chapter 63, as so appearing, is
1631hereby further amended by striking out the last sentence and inserting in place thereof the
1632following sentence:- The amount of credits subject to recapture shall be equal to the
1633corporation’s proportion of compliance, as determined by the EACC as part of its revocation
1634process and reported to the corporation and the department of revenue at the time certification is
1635revoked.
1636 SECTION 123. Subsection (a) of section 38U of said chapter 63, as so appearing, is
1637hereby amended by striking out the definition of “Life sciences”, in lines 4 to 13, inclusive, and
1638inserting in place thereof the following definition:-
1639 “Life sciences”, advanced and applied sciences that expand the understanding of human
1640physiology and have the potential to lead to medical advances or therapeutic applications
1641including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
1642engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
1643intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 79 of 110
1644marine biology, marine technology, medical technology, medical devices, nanotechnology,
1645natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
1646interference, stem cell research and veterinary science.
1647 SECTION 124. Section 38LL of said chapter 63, as so appearing, is hereby amended by
1648striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10
1649 SECTION 125. Section 38MM of said chapter 63, as so appearing, is hereby amended by
1650striking out, in line 28, the word “its” and inserting in place thereof the following words:- the
1651owner’s.
1652 SECTION 126. Said section 38MM of said chapter 63, as so appearing, is hereby further
1653amended by striking out, in lines 47 to 48, the words “owner’s capital investment” and inserting
1654in place thereof the following words:- total leasable square footage of.
1655 SECTION 127. Said section 38MM of said chapter 63, as so appearing, is hereby further
1656amended by striking out, in lines 48 to 50, inclusive, the words “employ, in the aggregate with
1657other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the
1658following words:- employ not less than 50.
1659 SECTION 128. Said chapter 63 is hereby further amended by inserting after section
166038MM, the following 5 sections:-
1661 Section 38NN. (a) As used in this section, the following words shall have the following
1662meanings, unless the context clearly requires otherwise: 80 of 110
1663 “Advertising and public relations expenditure”, a cost incurred within the
1664commonwealth by an eligible theater production for goods or services related to the marketing,
1665public relations,
1666 creation and placement of print, electronic, television, billboards or other forms of
1667advertising to promote the eligible theater production.
1668 “Eligible theater production”, a live stage musical, dance or theatrical production or tour
1669being presented in a qualified production facility that is either: (a) a pre-Broadway
1670production; (b) a pre-off Broadway production; (c) a national tour launch; or (iv) a regional
1671professional theater production.
1672 “Eligible theater production certificate”, a certificate issued by the office, in
1673consultation with the commissioner, certifying that a production is an eligible theater production
1674that meets the rules or regulations of the office, and that it has been awarded a tax credit in a
1675specified amount, pursuant to section 3M of chapter 23A.
1676 “National tour launch”, a live stage production that, in its original or adaptive version, is
1677performed in a qualified production facility and opens its national tour in the commonwealth.
1678 “Office”, the Massachusetts office of business development established in section 1 of
1679chapter 23A, or any constituent office thereof.
1680 “Payroll”, all salaries, wages, fees and other compensation from sources within the 81 of 110
1681 commonwealth, including, but not limited to, taxes, benefits and any other consideration
1682incurred or paid to talent and non-talent employees of the applicant for services rendered within
1683the commonwealth to and on behalf of an eligible theater production; provided, that the payroll
1684expenditure shall be incurred or paid by the applicant for services related to any portion of an
1685eligible theater production from its pre-production stages, including, but not limited to: (i) the
1686writing of the script, (ii) casting, (iii) hiring of service providers, (iv) purchases from vendors,
1687(v) marketing, (vi) advertising, (vii) public relations, (viii) load in, (ix) rehearsals, (x)
1688performances, (xi) other eligible theater production related activities, and (xii) load out; and
1689provided further, that the payroll expenditure shall be directly attributable to the eligible theater
1690production and shall be limited to the first $100,000 of wages incurred or paid to each employee
1691of an eligible theater production in each tax year.
1692 “Pre-Broadway production”, a live stage production that, in its original or
1693adaptive version, is performed in a qualified production facility having a presentation scheduled
1694for city of New York’s Broadway theater district within 24 months after its presentation in the
1695commonwealth.
1696 “Pre-off Broadway production”, a live stage production that, in its original or adaptive
1697version, is performed in a qualified production facility having a presentation scheduled for the
1698city of New York’s off-Broadway theater district within 24 months after its presentation in the
1699commonwealth.
1700 “Production and performance expenditures”, a contemporaneous exchange of cash or 82 of 110
1701cash equivalent for goods or services related to development, production, performance or
1702operating expenditures incurred in the commonwealth for a qualified theater production,
1703including, but not limited to, expenditures for design, construction and operation, including sets,
1704special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with
1705sound, lighting, staging, advertising and public relations expenditures, facility expenses,
1706rentals, per diems, accommodations and other related costs.
1707 “Qualified production facility”, a facility located in the commonwealth in which
1708live theater productions are, or are intended to be, exclusively presented that contains at least 1
1709stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other
1710ancillary amenities necessary for the eligible theater production.
1711 "Regional professional theater production”, a live stage production that is performed in a
1712qualified production facility with a professional cast and crew.
1713 “Transportation expenditures”, expenses incurred in Massachusetts for the packaging,
1714crating and transportation both to the commonwealth for use in a qualified theater production of
1715sets, costumes or other tangible property constructed or manufactured out of state, or from the
1716commonwealth after use in a qualified theater production of sets, costumes or other tangible
1717property constructed or manufactured in the commonwealth and the transportation of the cast and
1718crew to and from the commonwealth; provided, that “transportation expenditures” shall include
1719any portion performed in Massachusetts of the packaging, crating and transporting of property
1720and equipment used for special and visual effects, sound, lighting and staging, costumes, 83 of 110
1721wardrobes, make-up and related accessories and materials and any other performance or
1722production-related property and equipment.
1723 (b) Any taxpayer that has been awarded an eligible theater production certificate and has
1724completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall
1725be allowed a tax credit against taxes imposed by this chapter. The credit shall not
1726exceed $5,000,000 and shall be limited to (i) 35 per cent of the total in-state payroll costs; (ii) 25
1727per cent of the production and performance expenditures; and (iii) 25 per cent of
1728transportation expenditures. Additionally, the credit shall not exceed the amount of credit
1729specified in the eligible theater production certificate.
1730 (c) The tax credit shall be allowed against the tax for the taxable period in which the
1731credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year
1732may be carried forward for not more than 5 succeeding tax years.
1733 (d) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible
1734for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or
1735otherwise to any individual or entity and such assignee of the tax credits that have not
1736claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in
1737whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits
1738may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed
1739pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the
1740assignee for not more than 5 succeeding tax years from the date an eligible theater production
1741certificate is first issued by the office. The assignor shall perfect the transfer by notifying the
1742commissioner, in writing, within 30 calendar days following the effective date of the transfer and 84 of 110
1743shall provide any information as may be required by the commissioner to administer and carry
1744out this section.
1745 (e) Credits allowed to corporations that are included in a combined group within the
1746meaning of section 32B may be shared with other corporations within such group that are
1747also doing business in Massachusetts, to the extent those corporations are engaged in a unitary
1748business.
1749 (f) Credits allowed to a company that is a S corporation, as defined in section 1361 of
1750the Code, partnership or a limited liability company that is taxed as a partnership shall be
1751passed through respectively to persons designated as partners, members or owners of such
1752companies on a pro rata basis or pursuant to an executed agreement among such persons
1753designated as S corporation shareholders, partners or members documenting an alternate
1754distribution method without regard to their sharing of other tax or economic attributes of such
1755entity.
1756 (g) The commissioner shall promulgate such rules and regulations necessary for the
1757administration of this section.
1758 Section 38OO. (a) As used in this section, the following words shall, have the following
1759meanings, unless the context clearly requires otherwise:
1760 “Capital investment”, expenses incurred for the site preparation and construction, repair,
1761renovation, improvement or equipping of a building, structure, facility or other improvements to
1762real property, including, but not limited to, site-related utility and transportation infrastructure 85 of 110
1763improvements.
1764 “Center”, the Massachusetts clean energy technology center established in section 2 of
1765chapter 23J.
1766 “Certified climatetech company”, as defined in section 1 of chapter 23J.
1767 “Climatetech facility”, any building, complex of buildings or structural components of
1768buildings, including access infrastructure, and all machinery and equipment used in the research,
1769manufacturing, assembly, development, provision, or administration of goods or services in the
1770climatetech sector.
1771 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds
1772title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for at
1773least 50 years.
1774 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech
1775facility.
1776 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive
1777program established in section 16 of chapter 23J, may take a refundable credit against the taxes
1778imposed by this chapter in an amount, as determined by the center, of up to 50 per cent of the
1779owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded
1780pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond
1781to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter
178223J. 86 of 110
1783 (c) An owner shall be eligible for a tax credit authorized under this section if the
1784owner demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the
1785owner's total capital investment in the climatetech facility equals not less than $5,000,000; and
1786(iii) the climatetech facility will employ not less than 50 new full-time employees by the fifth
1787year of the owner's certification period under section 16 of chapter 23J. Upon verification, the
1788center will provide this information to the department of revenue for the purpose of
1789administering the credit.
1790 (d) A tenant shall be eligible for a tax credit authorized pursuant to this section if the
1791tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the
1792owner has made a total capital investment in the facility that equals not less than $5,000,000; (iii)
1793the tenant occupies a leased area of the climatetech facility that represents not less than 25 per
1794cent of the total leasable square footage of the facility; and (iv) the tenant will employ not less 13
1795full-time employees by the fifth year of the tenant's certification period under section 16 of
1796chapter 23J. Upon verification, the center will provide this information to the department of
1797revenue for the purpose of administering the credit. The amount of tax credits awarded under this
1798section to a tenant for a taxable year shall not exceed the tenant's total lease payments for
1799occupancy of the climatetech facility for the taxable year.
1800 (e) The department of revenue shall issue the refundable portion of the credit without
1801further appropriation and in accordance with the cumulative amount, including the current year
1802costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
1803forth in subsection (d) of section 16 of chapter 23J. 87 of 110
1804 (f) The department of revenue shall promulgate such rules and regulations as are
1805necessary to administer the credit established in this section.
1806 Section 38PP. (a) A taxpayer may, to the extent authorized pursuant to the climatetech
1807tax incentive program established by section 1 of chapter 23J, be allowed a credit against its
1808excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the
1809qualified research expenses for the taxable year, over the base amount, and 15 per cent of the
1810basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue
1811Code. The terms ''qualified research expenses'', ''base amount'', ''qualified organization base
1812period amount'', ''basic research'' and any other terms affecting the calculation of the credit shall,
1813unless the context otherwise requires or unless otherwise stated in this section, have the same
1814meanings as under said section 41 of said Code.
1815 In determining the amount of the credit allowable under this section, the commissioner of
1816revenue may aggregate the activities of all corporations that are members of a controlled group
1817of corporations, as defined by 41(f)(1)(A) of said Code, and may aggregate the activities of all
1818entities, whether or not incorporated, that are under common control, as defined in section
181941(f)(1)(B) of said Code.
1820 (b) For a qualified climatetech company, research and development costs, within the
1821meaning of section 41 of said Code, shall include, those qualified research expenditures that are
1822performed both inside and outside of the commonwealth.
1823 (c) For purposes of section 30, the deduction from gross income that may be taken
1824with respect to any expenditures qualifying for a credit under said section 41 of said Code shall 88 of 110
1825be based upon its cost less the credit allowable under this section; provided, however, that
1826section 280C(c) of said Code shall not apply.
1827 (d) The credit allowed hereunder for any taxable year shall not reduce the excise to
1828less than the amount due under subsection (b) of section 32, subsection (b) of section 39, section
182967 or under any other general or special law.
1830 (e) The credit allowed under this section shall be limited to 100 per cent of a
1831corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75
1832per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of
1833revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the
1834Internal Revenue Code for purposes of apportioning the $25,000 amount among members of a
1835controlled group. Nothing in this section shall alter section 32C, as it affects other credits under
1836this chapter.
1837 (f) If a corporation files a combined return of income under section 32B, a credit
1838generated by an individual member corporation under this section shall first be applied against
1839the excise attributable to that company under sections 32 or 39, subject to the limitations of
1840subsections (d) and (e). A member corporation with an excess research and development credit
1841may apply its excess credit against the excise of another group member if such other member
1842corporation may use additional credits under the limitations of said subsections (d) and (e).
1843Unused, unexpired credits generated by a member corporation shall be carried over from year to
1844year by the individual corporation that generated the credit and shall not be refundable. Nothing
1845in this section shall alter subsection (h) of section 31A. 89 of 110
1846 (g) A corporation entitled to a credit under this section for any taxable year may carry
1847over and apply to its excise for any of the next succeeding 15 taxable years that portion, as
1848reduced from year to year, of its credit which exceeds its excise for the taxable year. A
1849corporation may carry over and apply to its excise for any subsequent taxable year that portion,
1850as reduced from year to year, of those credits which were not allowed by subsection (f).
1851 (h) The commissioner of revenue shall promulgate regulations necessary to carry out
1852this section.
1853 Section 38QQ. (a) A taxpayer, to the extent authorized by the climatetech tax incentive
1854program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable
1855jobs credit against the tax liability imposed under this chapter in an amount determined by the
1856Massachusetts clean energy technology center established in section 2 of said chapter 23J, in
1857consultation with the department of revenue.
1858 (b) A taxpayer taking a credit under this section shall commit to the creation of not
1859less than 5 net new permanent full-time employees in the commonwealth.
1860 (c) A credit allowed under this section shall reduce the liability of the taxpayer under
1861this chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the
1862taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of
1863such excess credit, to the extent authorized by the climatetech tax incentive program, shall be
1864refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable
1865years.
1866 (d) The department of revenue shall issue the refundable portion of the jobs credit
1867without further appropriation and in accordance with the cumulative amount, including the 90 of 110
1868current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
1869annually as set forth in subsection (d) of section 16 of chapter 23J.
1870 Section 38RR. (a) A business corporation engaged in business in the commonwealth
1871may be allowed a credit each taxable year against its excise due under this chapter in an amount
1872equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the
1873taxable year, whichever is less. If a credit allowed by this section exceeds the tax otherwise due
1874under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer,
1875be refunded to the taxpayer.
1876 (b) For an employer to be eligible for a credit under this section: (i) the intern shall be
1877enrolled in or a recent graduate of a public or private institution of higher education located in
1878Massachusetts; (ii) the intern shall have been employed as a qualified intern by the employer for
1879at least 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall
1880demonstrate that the total number of interns employed in the taxable year exceeds the average
1881number of interns employed by the taxpayer per year over the previous three years. An intern
1882shall not be qualified if such intern is participating in another internship or apprenticeship
1883program for which an employer has claimed a credit in the taxable year under this chapter or
1884section 6 of chapter 62 of the General Laws.
1885 (c) The total cumulative value of the credits authorized pursuant to this section and
1886subsection (gg) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer
1887shall not claim more than $100,000 in credits under this section for any taxable year. A credit
1888allowed under this section shall not be transferable. 91 of 110
1889 (d) The executive office of economic development, in consultation with the
1890commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to
1891this section and subsection (gg) of section 6 chapter 62 and shall allocate the credit in accordance
1892with the standards and requirements set forth in regulations promulgated pursuant to this section.
1893The secretary of economic development, in consultation with the commissioner, shall
1894promulgate regulations establishing an application process for the credit.
1895 (e) The secretary of economic development shall annually file a report with the house
1896and senate committees on ways and means, the joint committee on economic development and
1897emerging technologies, and the joint committee on labor and workforce development identifying
1898the following: (i) total amount of tax credits claimed pursuant to this section and subsection (gg)
1899of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of
1900participating employers. In the fourth submission of said annual report, the secretary of
1901economic development shall also provide an assessment of the effectiveness of the credit offered
1902under this section and subsection (gg) of section 6 of chapter 62 in achieving the goal of
1903retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the
1904department of revenue may provide to the secretary of economic development de-identified,
1905statistical tax return information related to the tax filings of former participating interns for the
1906five tax years beginning after the conclusions of the internship to evaluate whether former interns
1907are both employed and domiciled in the commonwealth after the internship. Said information
1908must be shared in a manner that prevents the identification of particular tax returns.
1909 SECTION 129. Section 42B of said chapter 63, as so appearing, is hereby amended by
1910striking out, in lines 50 to 51, the words “a certified life sciences” and inserting in place thereof 92 of 110
1911the following words:- or the climatetech tax incentive program established by section 16 of
1912chapter 23J, a certified.
1913 SECTION 130. Section 6 of chapter 64H of the General Laws, as appearing in the 2022
1914official edition, is hereby amended by adding the following subsection:-
1915 (yy)(1) Sales of tangible personal property purchased for a certified climatetech
1916company, to the extent authorized pursuant to the climatetech tax incentive program established
1917by section 16 of chapter 23J, for use in connection with the construction, alteration, remodeling,
1918repair or remediation of research, development or manufacturing or other commercial facilities
1919used for the provisions of goods or services in the climatetech sector and utility support systems.
1920Only purchases made on or after the effective date of this paragraph shall be eligible for this
1921exemption.
1922 (2) As used in this paragraph, the following words shall have the following meanings,
1923unless the context clearly requires otherwise:-
1924 “Climatetech” shall have the same meaning as described in section 1 of chapter 23J.
1925 “Climatetech company” shall have the same meaning as described in section 1 of chapter
192623J.
1927 “Utility support systems”, all areas of utility support systems including, but not limited
1928to, site, civil, mechanical, electrical and plumbing systems.
1929 SECTION 131. Chapter 112 of the General Laws, as appearing in the 2022 Official
1930Edition, is hereby amended by striking out section 9, and inserting in place thereof the following
1931section:- 93 of 110
1932 Section 9. (a) An applicant for limited registration under this section may, upon payment
1933of a fee to be determined annually by the secretary of administration and finance under section
19343B of chapter 7, be registered by the board as an intern, fellow or medical officer for such time
1935as it may subscribe if the applicant furnishes the board with satisfactory proof of the
1936following:
1937 (i) The applicant is at least 18 years of age and of good moral character.
1938 (ii) (1) The applicant has creditably completed 2 years of a premedical course of study
1939 at an accredited college or university and not less than 3 ½ years of study in a legally
1940chartered medical school having the power to grant degrees in medicine; or (2) if not enrolled in
1941or a graduate of a legally chartered medical school in the United States or Canada, the applicant
1942is the holder of a standard certificate granted after an examination by the Education Council for
1943Foreign Medical Graduates, unless granted an exemption by the board; or (3) the applicant has
1944completed a minimum of 2 years of premedical education at an accredited college or university
1945of the United States, Canada or Puerto Rico and if the applicant has studied medicine in a
1946medical school outside the United States, Canada or Puerto Rico that is recognized by the World
1947Health Organization, has completed all the formal requirements for the degree corresponding to
1948doctor of medicine, except internship and social service and has completed 1 year of clinical
1949clerkship approved by the liaison committee on medical education of the American Medical
1950Association.
1951 (iii) The applicant has been appointed as an intern, fellow or medical officer in a hospital
1952or other institution of the commonwealth, or of a county or municipality thereof; or in a hospital 94 of 110
1953or clinic which is incorporated under the laws of the commonwealth or in a clinic which is
1954affiliated with a hospital licensed by the department of public health under authority of section
195571 of chapter 111; or in an outpatient clinic operated by the department of mental health; or in
1956the department of public health for duty in clinics or in programs operated or approved by the
1957department of public health; or in programs approved by the board of registration in medicine in
1958the commonwealth and leading toward certification by specialty boards recognized by the
1959American Medical Association.
1960 (iv) The applicant has applied to participate in the medical assistance program
1961administered by the secretary of health and human services in accordance with chapter 118E and
1962Title XIX of the Social Security Act and any federal demonstration or waiver relating to the
1963medical assistance program for the limited purpose of ordering and referring services covered
1964under the program if regulations governing such limited participation are promulgated under
1965section 37 of chapter 118E.
1966 Such limited registration shall entitle the applicant to practice medicine only in the
1967hospital, institution, clinic or program designated on the applicant’s certificate of limited
1968registration, or outside such hospital, institution, clinic or program for the treatment, under the
1969supervision of one of its medical officers who is a duly registered physician, of persons accepted
1970by such hospital, institution, clinic or program as patients, or in any hospital, institution, clinic or
1971program affiliated for training purposes with the hospital, institution, clinic or program
1972designated on such certificate, which affiliation is approved by the board and in any case under
1973regulations established by such hospital, institution, clinic or program. The name of any hospital,
1974institution, clinic or program so affiliated and so approved shall also be indicated on such
1975certificate. Limited registration under this section may be revoked at any time by the board. 95 of 110
1976 (b) Notwithstanding the other provisions of this section, an internationally-trained
1977physician who has been licensed or is otherwise authorized to practice medicine in a country
1978other than the United States shall be eligible to apply for a limited license to practice medicine
1979for a renewable 1-year term after satisfying the criteria in below paragraph (iii), provided,
1980however, that such limited registration shall provide a pathway for the issuance of a full
1981unrestricted license to practice medicine in accordance with, and upon satisfaction of, the criteria
1982in below paragraph (v).
1983 (i) Definitions. For the purposes of this subsection, the following terms shall have the
1984following meanings, unless the context clearly requires otherwise:-
1985 “Commission”, the Educational Commission for Foreign Medical Graduates.
1986 “Internationally-trained physician”, a physician who has received a degree of doctor of
1987medicine or its equivalent from a legally chartered medical school outside the United States
1988recognized by the World Health Organization, who has been licensed or is otherwise authorized
1989to practice medicine in a country other than the United States, and who has practiced medicine
1990for at least one year.
1991 “Licensing Exam”, the United States Medical Licensing Examination.
1992 “Massachusetts physician shortage area”, a geographic region or population in the
1993commonwealth experiencing a shortage of physicians, especially primary care physicians or
1994psychiatrists, relative to population and need.
1995 “Participating healthcare facility”, a federally-qualified health center, community health
1996center, hospital or other healthcare facility approved by the board that provides an assessment 96 of 110
1997and evaluation program designed to develop, assess and evaluate an internationally-trained
1998physician’s on-clinical skills, according to criteria developed or approved by the board; provided,
1999however, that the participating healthcare facility provides medical care in a Massachusetts
2000physician shortage area.
2001 (ii) For the purposes of this subsection, the Massachusetts health care workforce center
2002or its equivalent in the department of public health shall assist the board in determining the
2003regions or populations comprising a Massachusetts physician shortage area.
2004 (iii) The board shall issue a limited license to an applicant if the participating facility and
2005the applicant submit evidence acceptable to the board that the applicant: (A) is an internationally-
2006trained physician; (B) has a valid certificate issued by the commission or other credential
2007evaluation service approved by the board, provided, however, that the board may waive such
2008certification at its discretion where the applicant is unable to obtain the required documentation
2009from a non-cooperating country; (C) has achieved a passing score on Step 1 and Step 2-Clinical
2010Knowledge of the Licensing Exam; (D) has entered into an agreement with the participating
2011facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity
2012with non-clinical skills and standards appropriate for medical practice in the commonwealth,
2013according to assessment and evaluation criteria developed or approved by the board; (E) shall
2014enter a full-time full employment relationship with the participating facility after the board issues
2015a limited license to practice medicine to the applicant; and (F) has satisfied other criteria that
2016may be developed by the board in fulfillment of this subsection.
2017 (iv) The 1-year limited license may not be renewed more than once. 97 of 110
2018 (v) An internationally-trained physician who provides the board with proof of (A)
2019successful completion of the participating facility’s assessment and evaluation program, (B) a
2020passing score on Step 3 of the Licensing Exam and (C) any additional prerequisites that the
2021board may require, shall be eligible to apply for a renewable 2-year restricted license to practice
2022medicine only in a Massachusetts physician shortage area designated by the board; provided,
2023however, that any additional prerequisites for eligibility shall not include post-graduate clinical
2024training, and that the restricted license shall authorize the holder to practice independently in a
2025primary care specialty, psychiatry or other specialty approved by the board. After 2 years of
2026restricted practice, the internationally-trained physician shall be eligible to apply for a full,
2027unrestricted license to practice medicine. The 2-year restricted license may not be renewed more
2028than once.
2029 SECTION 132. Subsection (a) of section 4 of chapter 142A of the General Laws, as
2030appearing in the 2022 Official Edition, is hereby amended by striking out, in line 5, the word
2031“two” and inserting in place thereof the following figure:- 5.
2032 SECTION 133. Section 5 of said chapter 142A, as so appearing, is hereby amended by
2033inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to
2034section 4.
2035 SECTION 134. Said section 5 of said chapter 142A, as so appearing, is hereby further
2036amended by striking out, in lines 9 to 13, the words “owner has exhausted all customary and
2037reasonable efforts to collect the judgment but the contractor has filed for bankruptcy, fled the
2038jurisdiction or the owner is otherwise unable to collect such judgment after execution” and 98 of 110
2039inserting in place thereof the following words:- contractor has failed to pay the judgment or
2040award and the director has determined that reasonable efforts to collect have been made.
2041 SECTION 135. Section 7 of said chapter 142A, as so appearing, is hereby amended by
2042striking out the first paragraph and inserting in place thereof the following paragraph:-
2043 An owner may make a claim to the fund only if the owner has complied with section 3,
2044has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7
2045years from the date of the contract, the contractor has failed to pay the judgment or award, and
2046the director has determined that reasonable efforts to collect have been made.
2047 SECTION 136. Said section 7 of said chapter 142A, as so appearing, is hereby further
2048amended by striking out, in lines 12 to 13, the words “ten thousand dollars” and inserting in
2049place thereof the following figure:- $25,000.
2050 SECTION 137. Said section 7 of said chapter 142A, as so appearing, is hereby further
2051amended by striking out, in lines 15 and 18, each time they appear, the words “seventy-five
2052thousand dollars” and inserting in place thereof, in each instance, the following figure:-
2053$150,000.
2054 SECTION 138. Said chapter 142A, as so appearing, is hereby further amended by
2055striking out section 15.
2056 SECTION 139. Section 17 of said chapter 142A, as appearing in the 2022 Official
2057Edition, is hereby amended by striking out clause (17) and inserting in place thereof the
2058following 3 clauses:- 99 of 110
2059 (17) had a license, certificate, registration or authority issued by another state or territory
2060of the United States, the District of Columbia, or a foreign state or nation with authority to issue
2061such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or
2062otherwise acted against, or if the holder has been disciplined, if the basis for the action would
2063constitute a basis for disciplinary action in the commonwealth;
2064 (18) failing to repay the fund in full, including the appropriate amount of annual interest,
2065for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or
2066 (19) violating any other provision of this chapter.
2067 SECTION 140. Said section 17 of said chapter 142A, as so appearing, is hereby further
2068amended by adding the following paragraph:-
2069 For purposes of this section, the conduct of a contractor or subcontractor shall be deemed
2070to include the conduct of their agents, employees, salespersons or subcontractors, whether or not
2071an express relationship exists, if the work or activities is within the scope of the contract and not
2072for additional work beyond the contract undertaken by separate agreement with the owner.
2073 SECTION 141. The first paragraph of section 18 of said chapter 142A, as so appearing, is
2074hereby amended by adding the following sentence:- The director may also enter into a consent
2075agreement with a registrant to impose 1 or more administrative penalties, including, but not
2076limited to, voluntary revocation of the registration.
2077 SECTION 142. Subsection (4) of section 25Q of chapter 152 of the General Laws, as
2078appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- 100 of 110
2079 Subsection (1) shall not apply to groups that have been in existence for at least 5 years
2080and have established a premium payment plan acceptable to the commissioner.
2081 SECTION 143. Section 85W of chapter 231 of the General Laws, as appearing in the
20822022 Official Edition, is hereby amended by inserting after the word “compensation”, in line 2,
2083the following words:- in excess of $500 per year
2084 SECTION 144. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as
2085amended by section 142 of chapter 268 of the Acts of 2022, is hereby further amended by
2086striking out the last sentence.
2087 SECTION 145. Said section 10 of chapter 498 of the Acts of 1993, as so amended, is
2088hereby further amended by inserting at the end the following paragraph:-
2089 Notwithstanding the provisions of any general or special law to the contrary, and
2090notwithstanding any provision to the contrary in the Devens Reuse Plan or By-laws: (i) there
2091shall be no square foot limit or cap on the amount of commercial or industrial development that
2092may occur within Devens; and (ii) there shall be no limit or cap on the number of residential
2093units that may be developed within Devens. Nothing in the foregoing sentence shall modify
2094other provisions of the By-Laws regulating the development of housing within Devens or
2095requiring the issuance of development permits by the Devens Enterprise Commission for specific
2096projects.
2097 SECTION 146. Within 30 days after the effective date of this act, the Secretary of
2098Economic Development and the Secretary of Housing of Livable Communities shall convene a
2099working group that includes representatives from the Towns of Ayer, Harvard and Shirley, the
2100Massachusetts Development Finance Agency, and the Devens Committee to determine a strategy 101 of 110
2101and plan to provide for increased housing production within Devens, including, but not limited
2102to, the feasibility of allowing up to 400 multi-family residential units in the Innovation and
2103Technology Center zoning district established by Article V(A)(13) of the By-laws. The
2104Secretaries of Economic Development and Housing and Livable Communities shall report the
2105findings of the working group within 180 days after the effective date of this act.
2106 SECTION 147. (a) There shall be within the executive office of economic development a
21075-year pilot surety bond assistance program to encourage the participation of economically and
2108socially disadvantaged businesses in bidding for and securing contracts for capital projects. The
2109program may include, but is not limited to:
2110 (1) providing technical assistance to eligible contractors to secure surety bonds;
2111 (2) providing financial assistance to guarantee surety bonds required on behalf of the
2112commonwealth or on behalf of any county, city, town, district or other political subdivision of
2113the commonwealth or other public instrumentality for the construction, reconstruction, alteration,
2114remodeling, repair or demolition of public buildings or other public works.
2115 (b) The executive office shall establish eligibility requirements and other program terms
2116for the program through regulations or program guidelines; provided, however that such
2117eligibility requirements shall endeavor to direct the financial assistance provided by the program
2118to ensure fair participation of businesses owned by persons from socially and economically
2119disadvantaged groups for whom access to capital facility projects and state assisted building
2120projects in the commonwealth has been historically limited. The executive office may administer
2121this program through 1 or more contracts with the Massachusetts Development Finance Agency
2122or Massachusetts Growth Capital Corporation. 102 of 110
2123 (c) Not later than December 31, the executive office shall provide an annual report on its
2124website detailing the activities of the program, including, but not limited to, an analysis of the
2125provision of technical and financial assistance services and its impact on increasing access and
2126participation in capital projects for historically disadvantaged groups. The report shall be made
2127public on its website.
2128 (d) The secretary of economic development may promulgate regulations or program
2129guidelines necessary to implement this section.
2130 (e) Implementation of this section shall be subject to the United States Treasury’s
2131approval to use federal funding for the purposes described herein.
2132 SECTION 148. (a) For purposes of this section, the following words shall have the
2133following meanings, unless the context clearly requires otherwise:-
2134 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order,
2135excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
2136building permit or other approval or determination of rights from any municipal, regional or state
2137governmental entity, including any agency, department, commission or other instrumentality
2138thereof, concerning the use or development of real property, and any environmental permit,
2139including certificates, licenses, certifications, determinations, exemptions, variances, waivers,
2140building permits or other approvals or determinations of rights issued or made under chapter 21
2141of the General Laws; chapter 21A of the General Laws except section 16 of said chapter 21A;
2142chapter 21D of the General Laws; section 3B of chapter 21E of the General Laws; sections 61 to
214362L, inclusive, of chapter 30 of the General Laws; chapter 30A of the General Laws; chapter 40
2144of the General Laws; chapters 40A to 40C, inclusive, of the General Laws; chapter 40R of the 103 of 110
2145General Laws; chapter 40Y of the General Laws; chapter 41 of the General Laws; chapter 43D
2146of the General Laws; section 21 of chapter 81 of the General Laws; chapter 91 of the General
2147Laws; chapter 131 of the General Laws; chapter 131A of the General Laws; chapter 143 of the
2148General Laws; sections 4 and 5 of chapter 249 of the General Laws; chapter 258 of the General
2149Laws; or chapter 665 of the acts of 1956 or any local by-law or ordinance.
2150 “Development”, division of a parcel of land into 2 or more parcels, the construction,
2151reconstruction, conversion, structural alteration, relocation or enlargement of a building or other
2152structure or facility or any grading, soil removal or relocation, excavation or landfill or any use
2153or change in the use of any building or other structure or land or extension of the use of land.
2154 “Tolling period”, the period from January 1, 2023 to January 1, 2025, inclusive.
2155 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or
2156existence during the tolling period shall be extended for a period of 2 years in addition to the
2157lawful term of the approval.
2158 (2) Nothing in this section shall extend or purport to extend: (i) a permit or approval
2159issued by the United States government or an agency or instrumentality thereof or a permit or
2160approval of which the duration of effect or the date or terms of its expiration are specified or
2161determined under a law or regulation of the United States government or an agency or
2162instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of
2163fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination,
2164exemption, certification, statement of qualification or any other administrative action by the
2165department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter
216625A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any 104 of 110
2167agreement entered into by the Massachusetts Department of Transportation or the Massachusetts
2168Bay Transportation Authority or any permit, license or approval issued by the department or
2169authority relating to the sale, acquisition or lease or development of real property owned in
2170whole or in part by the department or authority or the sale, acquisition, lease or development of
2171any interest therein related to such real property pursuant to chapter 6C or chapter 161A of the
2172General Laws; or (v) any enforcement order, consent decree or settlement agreement.
2173 (3) Nothing in this section shall affect the ability of a municipal, regional or state
2174governmental entity, including an agency, department, commission or other instrumentality
2175thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or
2176approval under this section, when that specific permit or approval or the law or regulation under
2177which the permit or approval was issued contains language authorizing the modification or
2178revocation of the permit or approval.
2179 (4) If an approval tolled under this section is based upon the connection to a sanitary
2180sewer system, the approval's extension shall be contingent upon the availability of sufficient
2181capacity, on the part of the treatment facility, to accommodate the development for whose
2182approval has been extended. If sufficient capacity is not available, then those permit holders
2183whose approvals have been extended shall have priority with regard to the further allocation of
2184gallonage over those permit holders who have not received approval of a hookup prior to the
2185effective date of this section. Priority regarding the distribution of further gallonage to a permit
2186holder who has received the extension of an approval under this section shall be allocated in
2187order of the granting of the original approval of the connection. 105 of 110
2188 (5) If an owner or petitioner sells or otherwise transfers a property or project in order for
2189an approval to receive an extension all commitments made by the original owner or petitioner
2190under the terms of the permit must be assigned to and assumed by the new owner or petitioner. If
2191the new owner or petitioner does not meet or abide by such commitments, then the approval shall
2192not be extended under this section.
2193 (6) Nothing in this section shall be construed or implemented in such a way as to modify
2194a requirement of law that is necessary to retain federal delegation to or assumption by the
2195commonwealth of the authority to implement a federal law or program.
2196 (7) Any project covered by approval in effect during the tolling period shall be governed
2197by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the
2198granting of the approval, unless the owner or petitioner of such project elects to waive the
2199provisions of this section.
2200 SECTION 149. The Massachusetts clean energy technology center, in consultation with
2201the executive office of economic development, shall set benchmarks for the climatetech tax
2202incentive program established in section 16 of chapter 23J of the General Laws. After the
2203program has been in effect for 5 years, the center, in consultation with the executive office of
2204economic development, shall conduct an evaluation of the program by comparing climatetech
2205advancements in the commonwealth against said benchmarks. The center shall review progress
2206made towards the goals of developing and expanding climatetech industry-related employment
2207opportunities and climatetech-related economic development by supporting and stimulating
2208research, development, innovation, manufacturing, deployment and commercialization in the
2209climatetech sector. The center shall submit a written report with the clerks of the house of 106 of 110
2210representatives and the senate, the house and senate committees on ways and means, the joint
2211committee on economic development and emerging technologies, the joint committee on
2212telecommunications, utilities and energy and the joint committee on environment, natural
2213resources and agriculture not later than December 31, 2029.
2214 SECTION 150. The Massachusetts office of business development, in conjunction with
2215the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to
2216subsection (dd) of section 6 of chapter 62 of the General Laws and section 38NN of chapter 63
2217of the General Laws and shall submit the report to the clerks of the house of representatives and
2218the senate, the house and senate committees on ways and means and the joint committee on
2219economic development and emerging technologies not later than December 31 of the fourth tax
2220year in which the live theater tax credit is available. The office and commissioner shall
2221collaborate with the live theater industry to collect the relevant data for the report. Said report
2222shall include data to assess the direct and indirect economic impacts of the live theater tax credit
2223on the economy of the commonwealth, including estimates of theater tickets sales to domestic
2224and international visitors, spending by live theater productions on adjacent businesses, wages
2225paid for setting up and taking down productions, and impacts on businesses in proximity to
2226theaters, including hotels and restaurants.
2227 SECTION 151. Notwithstanding any general or special law to the contrary, the
2228unexpended and unencumbered balances of the bond-funded authorizations in the following
2229accounts shall cease to be available for expenditure 180 days after the effective date of this act:
22307002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020,
22317002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035,
22327002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055, 7002-8065. 107 of 110
2233 SECTION 152. Notwithstanding any general or special law to the contrary, to meet the
2234expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon
2235receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to
2236be specified by the governor from time to time but not exceeding, in the aggregate,
2237$1,915,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on
2238their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership
2239 ” and shall be issued for a maximum term of years, not exceeding 30 years, as the
2240governor may recommend to the general court pursuant to section 3 of Article LXII of the
2241Amendments to the Constitution; provided, however, that all such bonds shall be payable not
2242later than June 30, 2059. All interest and payments on account of principal on such obligations
2243shall be payable from the General Fund. Bonds and interest thereon issued under the authority of
2244this section shall, notwithstanding any other provision of this act, be general obligations of the
2245commonwealth.
2246 SECTION 153. Notwithstanding any general or special law to the contrary, to meet the
2247expenditures necessary in carrying out section 2C, the state treasurer shall, upon receipt of a
2248request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
2249by the governor from time to time but not exceeding, in the aggregate $900,000,000 . All bonds
2250issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to
2251Strengthening Massachusetts’ Economic Leadership ,” and shall be issued for a maximum term
2252of years, not exceeding 30 years, as the governor may recommend to the general court pursuant
2253to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all
2254such bonds shall be payable not later than June 30, 2064. All interest and payments on account of
2255principal on such obligations shall be payable from the General Fund. Bonds and interest thereon 108 of 110
2256issued under the authority of this section shall, notwithstanding any other provision of this act, be
2257general obligations of the commonwealth.
2258 SECTION 154. Pursuant to section 96, a commercial electric vehicle charging station
2259operating in the commonwealth as of January 1, 2025, shall be required to register with the
2260division of standards no later than January 1, 2026.
2261 SECTION 155. Section 30 of this act; subsection (dd) of section 2 of chapter 62 as
2262inserted by section 108 of this act; and section 38NN of chapter 63 as inserted by section 128 of
2263this act shall take effect for taxable years beginning on or after January 1 of the first year
2264following a fiscal year which closes with a consolidated net surplus of at least $400,000,000
2265pursuant to section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after
2266the comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of
2267said chapter 29, the commissioner of revenue shall certify to the secretary of administration and
2268finance whether said section 30 of this act; said subsection (dd) of said section 2 of said chapter
226962 as inserted by said section 108 of this act; and said section 38NN of said chapter 63 as
2270inserted by said section 128 of this act will take effect pursuant to this section; provided,
2271however, that no such certification by the commissioner of revenue shall be required in any year
2272after said section 30 of this act; said subsection (dd) of said section 2 of said chapter 62 as
2273inserted by said section 108 of this act; and said section 38NN of said chapter 63 as inserted by
2274said section 128 of this act take effect.
2275 SECTION 156. Subsection (gg) of section 2 of chapter 62 as inserted by section 108 of
2276this act and section 38RR of chapter 63 as inserted by section 128 of this act shall take effect for
2277taxable years beginning on or after January 1 of the first year following a fiscal year which 109 of 110
2278closes with a consolidated net surplus of at least $400,000,000 pursuant to section 5C of chapter
227929 of the General Laws. Annually, not later than 30 days after the comptroller certifies the
2280amount of the consolidated net surplus pursuant to said section 5C of said chapter 29, the
2281commissioner of revenue shall certify to the secretary of administration and finance whether said
2282subsection (gg) of said section 2 of said chapter 62 as inserted by said section 108 of this act and
2283said section 38RR of said chapter 63 as inserted by said section 128 of this act will take effect
2284pursuant to this section; provided, however, that no such certification by the commissioner of
2285revenue shall be required in any year after said subsection (gg) of said section 2 of said chapter
228662 as inserted by said section 108 of this act and said section 38RR of said chapter 63 as inserted
2287by said section 128 of this act take effect.
2288 SECTION 157. Section 30 is hereby repealed.
2289 SECTION 158. Subsection (dd) of section 2 of chapter 62 as inserted by section 108 of
2290this act and section 38NN of chapter 63 as inserted by section 128 of this act are hereby
2291repealed.
2292 SECTION 159. Section 157 shall take effect on January 1 of the sixth tax year following
2293the effective date of section 30 of this act; subsection (dd) of section 2 of chapter 62 as inserted
2294by section 108 of this act; and section 38NN of chapter 63 as inserted by section 128 of this act,
2295as determined pursuant to section 155.
2296 SECTION 160. Section 158 shall take effect on January 1 of the eleventh tax year
2297following the effective date of section 30 of this act; subsection (dd) of section 2 of chapter 62 as
2298inserted by section 108 of this act; and section 38NN of chapter 63 as inserted by section 128 of
2299this act, as determined pursuant to section 155. 110 of 110
2300 SECTION 161. Subsection (gg) of section 2 of chapter 62 as inserted by section 108 of
2301this act and section 38RR of chapter 63 as inserted by section 128 of this act are hereby repealed.
2302 SECTION 162. Section 161 shall take effect on January 1 of the sixth tax year following
2303the effective date of subsection (gg) of section 2 of chapter 62 as inserted by section 108 of this
2304act and section 38RR of chapter 63 as inserted by section 128 of this act, as determined pursuant
2305to section 156.
2306 SECTION 163. Sections 76; 102; 103; subsections (ee) and (ff) of section 2 of chapter 62
2307as inserted by section 108; sections 38OO, 38PP, 38QQ of chapter 63 as inserted by section 128;
2308and section 130 of this act shall apply to tax years beginning on or after January 1, 2024.