Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4722 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4722
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, June 5, 2024.
5	5	The committee on Economic Development and Emerging
6	6	Technologies, to whom was referred the Message from Her Excellency the
7	7	Governor (accompanied by House, No. 4459), reports recommending that
8	8	the accompanying bill (House, No. 4722) relative to strengthening
9	9	Massachusetts' economic leadership, ought to pass.
10	10	For the committee,
11	11	JERALD A. PARISELLA. 1 of 150
12	12	FILED ON: 6/4/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4722
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An Act relative to strengthening Massachusetts' economic leadership.
20	20	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
21	21	forthwith finance improvements to the commonwealth's economic infrastructure, drive industry
22	22	innovation, and promote economic opportunity and job creation, therefore it is hereby declared
23	23	to be an emergency law, necessary for the immediate preservation of the public convenience.
24	24	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
25	25	of the same, as follows:
26	26	1 SECTION 1. To provide for a program of community development, economic
27	27	2opportunities, support for local governments, increased industry innovation, job creation and the
28	28	3promotion of economic reinvestment through the funding of infrastructure improvements the
29	29	4sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the
30	30	5conditions specified in this act, are hereby made available, subject to the laws regulating the
31	31	6disbursement of public funds. These sums shall be in addition to any amounts previously
32	32	7authorized and made available for the purposes of those items. The sums set forth in sections 2 to
33	33	82B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C shall
34	34	9be made available until June 30, 2034.
35	35	10 SECTION 2. 2 of 150
36	36	11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
37	37	12 Office of the Secretary
38	38	13 7002-1352For a grant program to coastal communities to be administered by the
39	39	14Seaport Economic Council; provided, that funding shall be used for community planning and
40	40	15investment activities that stimulate economic development and create jobs in the maritime
41	41	16economy sector, and to construct, improve, repair, maintain and protect coastal assets that are
42	42	17vital to achieving these goals; and provided further, that the planning, prioritization, selection
43	43	18and implementation of projects shall consider climate change impacts in furtherance of the goals
44	44	19of climate change mitigation and adaptation consistent with the integrated state hazard mitigation
45	45	20and climate change adaptation
46	46	21plan....………………………...................................................................................... $100,000,000
47	47	22 7002-1522 For grants administered by Massachusetts Technology Development
48	48	23Corporation established in section 2 of chapter 40G of the General Laws, and doing business as
49	49	24MassVentures; provided, that such grants shall be made on a competitive basis to growing
50	50	25Massachusetts-based companies commercializing technologies developed with assistance of a
51	51	26Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR)
52	52	27grant from a federal agency, including, but not limited to, the United States Department of
53	53	28Defense, the United States Department of Energy or the National Science
54	54	29Foundation…………………………………………………………………………….$25,000,000
55	55	30 7002-1523For grants administered by Massachusetts Technology Development
56	56	31Corporation established in section 2 of chapter 40G of the General Laws, and doing business as
57	57	32MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts- 3 of 150
58	58	33based companies in support of agricultural biotechnology or non-therapeutic biomanufacturing
59	59	34technologies developed with assistance of a Small Business Innovation Research (SBIR) or
60	60	35Small Business Technology Transfer (STTR) grant from a federal agency, including, but not
61	61	36limited to, the United States Department of Energy, the United States Department of Agriculture,
62	62	37the United States Food and Drug Administration or the National Science
63	63	38Foundation……………………………………………………………...……………....$5,000,000
64	64	39 7002-8003For the Massachusetts Technology Park Corporation established by
65	65	40section 3 of chapter 40J for matching grants that support agricultural biotechnology or non-
66	66	41therapeutic biomanufacturing among private entities, institutions of higher education, non-profits
67	67	42and other public or quasi-public entities located in the commonwealth; provided, that grants shall
68	68	43be awarded and administered consistent with the strategic goals and priorities of the advanced
69	69	44manufacturing collaborative established by section 10B of chapter 23A; and provided further,
70	70	45that grants shall be awarded in a manner that promotes geographic, social and economic
71	71	46equity……………………………………………………………………………………$5,000,000
72	72	47 7002-8039 For the Scientific and Technology Research and Development Matching
73	73	48Grant Fund established in section 4G of chapter 40J of the General Laws……….......$95,000,000
74	74	49 7002-8044 For a program to be administered by the Massachusetts Development
75	75	50Finance Agency for site assembly, site assessment, predevelopment permitting and other
76	76	51predevelopment and marketing activities that enhance a site’s readiness for commercial,
77	77	52industrial or mixed-use development; provided, that a portion of the funds may be used to
78	78	53facilitate the expansion or replication of successful industrial parks and to support the
79	79	54revitalization of downtown centers…………………………………………................ $3,000,000 4 of 150
80	80	55 7002-8046 For the Massachusetts Growth Capital Corporation established pursuant to
81	81	56section 2 of chapter 40W of the General Laws for a program to provide matching grants to
82	82	57community development financial institutions certified by the United States Treasury or
83	83	58community development corporations certified under chapter 40H of the General Laws to enable
84	84	59them to leverage federal or private investments for the purpose of making loans to small
85	85	60businesses; provided, that such programs shall prioritize socially or economically disadvantaged
86	86	61businesses, which may include, but shall not be limited to, minority-owned, women-owned,
87	87	62veteran-owned and immigrant-owned small businesses, that have historically faced obstacles to
88	88	63accessing capital……………………………………………………………................ $35,000,000
89	89	64 7002-8053 For the Brownfields Redevelopment Fund established in section 29A of
90	90	65chapter 23G of the General Laws……………………………………….…................ $30,000,000
91	91	66 7002-8054 For the Massachusetts Growth Capital Corporation, established in section 2
92	92	67of chapter 40W of the General Laws to provide, in consultation with the microbusiness
93	93	68development center within the Massachusetts office of business development, grants to low- and
94	94	69moderate-income entrepreneurs to acquire, expand, improve or lease a facility, to purchase or
95	95	70lease equipment or to meet other capital needs of a business with not more than 20 employees
96	96	71and annual revenues not exceeding $2,500,000, including alternative energy generation projects;
97	97	72provided, that preference shall be given to businesses located in low-income or moderate-income
98	98	73areas or socially and economically disadvantaged businesses, which shall include, but shall not
99	99	74be limited to, minority-owned, women-owned, immigrant-owned and veteran-owned businesses;
100	100	75and provided further, that grants shall be awarded in a manner that promotes geographic
101	101	76equity…………………………………………………………………..........................$10,000,000 5 of 150
102	102	77 7002-8056 For a competitive grant program administered by the office of travel and
103	103	78tourism; provided, that funds may be used to improve facilities and destinations visited by in-
104	104	79state and out-of-state travelers, with the goals of increasing visitation, enticing repeat visitation
105	105	80and increasing the direct and indirect economic impacts of the tourism industry in all regions of
106	106	81the commonwealth; provided further, that grants shall support the design, repair, renovation,
107	107	82improvement, expansion and construction of facilities owned by municipalities or non-profit
108	108	83entities; provided further, that in evaluating grant applications, priority shall be given to projects
109	109	84located in state-designated cultural districts and projects that promote nature-based, agricultural
110	110	85and other forms of rural tourism; provided further, that all grantees to improve facilities and
111	111	86destinations visited by in-state and out-of-state travelers shall provide a match based on a
112	112	87graduated formula determined by the Massachusetts office of travel and tourism; provided
113	113	88further, that grant recipients shall be required to measure and report on return-on-investment data
114	114	89after the expenditure of grant funds; provided further, that grants shall be awarded in a manner
115	115	90that promotes geographic equity; and provided further, that a portion of the funding may be used
116	116	91to make capital investments that support the commemoration of the 250th anniversary of the
117	117	92founding of the United States…………………………………………..…................ $40,000,000
118	118	93 7002-8057 For the Commonwealth Zoological Corporation established in section 2 of
119	119	94chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and
120	120	95specifications, repairs, construction, renovations, improvements, maintenance, asset management
121	121	96and demolition and other capital improvements including those necessary for the operation of
122	122	97facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D.
123	123	98Stone Memorial Zoo…………………………………………………….…................ $10,000,000 6 of 150
124	124	99 7002-8058 For the Massachusetts Broadband Incentive Fund established in section
125	125	1006C of chapter 40J of the General Laws, for capital repairs and improvements to broadband
126	126	101infrastructure owned by the Massachusetts Technology Park Corporation established by section
127	127	1023 of chapter 40J………………………………………………………….…................$10,000,000
128	128	103 7002-8059 For the Massachusetts Technology Park Corporation established by
129	129	104section 3 of chapter 40J for grant programs that support collaboration among manufacturers
130	130	105located in the commonwealth and institutions of higher education, non-profits or other public or
131	131	106quasi-public entities; provided, that eligible grantees shall include, but not be limited to,
132	132	107participants in the Manufacturing USA institutes, public and private academic institutions, non-
133	133	108profits and private business entities; provided further, that grant programs funded from this item
134	134	109shall consider the strategic goals and priorities of the advanced manufacturing collaborative
135	135	110established by section 10B of chapter 23A; and provided further, that grants shall be awarded in
136	136	111a manner that promotes geographic, social, racial, and economic equity…………...$99,000,000
137	137	112 7002-8061 For the MassWorks infrastructure program established by section 63 of
138	138	113chapter 23A of the General Laws…………………………………………................$400,000,000
139	139	114 7002-8062 For a program to provide assistance to projects that will improve,
140	140	115rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the
141	141	116public purposes of eliminating blight, increasing housing production, supporting economic
142	142	117development projects, increasing the number of commercial buildings accessible to persons with
143	143	118disabilities and conserving natural resources through the targeted rehabilitation and reuse of
144	144	119vacant and underutilized property; provided, that such assistance shall take the form of a grant or
145	145	120a loan provided to a municipality or other public entity, a community development corporation, 7 of 150
146	146	121non-profit entity or for-profit entity; provided further, that eligible uses of funding shall include,
147	147	122but not be limited to: (i) improvements and additions to or alterations of structures and other
148	148	123facilities necessary to comply with requirements of building codes, fire or other life safety codes
149	149	124and regulations pertaining to accessibility for persons with disabilities, where such code or
150	150	125regulatory compliance is required in connection with a new commercial, residential or civic use
151	151	126of such structure or facility, and (ii) the targeted removal of existing underutilized structures or
152	152	127facilities to create or activate publicly-accessible recreational or civic spaces; provided further,
153	153	128that financial assistance offered pursuant to this line item may be administered by the executive
154	154	129office through a contract with the Massachusetts Development Finance Agency established by
155	155	130section 2 of chapter 23G; provided further, that the executive office or the Massachusetts
156	156	131Development Finance Agency may establish additional program requirements through
157	157	132regulations or policy guidelines; provided further, that funding shall be awarded on a competitive
158	158	133basis in accordance with such program requirements; provided further, that financial assistance
159	159	134offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects
160	160	135geographic and demographic diversity and social, racial, and economic equity within the
161	161	136commonwealth; and provided further, that program funds may be used for the reasonable costs
162	162	137of administering the program not to exceed 5 per cent of the total assistance made during the
163	163	138fiscal year………………………………...…………………………….…................$90,000,000
164	164	139 7002-8066For a capital grant program to be administered by the executive office of
165	165	140economic development, in consultation with the executive office of administration and finance,
166	166	141to provide grants to support large, transformational projects to drive economic growth; provided
167	167	142further, that such program may be known as Mass Impact…....……....…................$250,000,000 8 of 150
168	168	143 7002-8068 For the rural development program established in section 66A of chapter
169	169	14423A of the General Laws....…………………………………………….…................$100,000,000
170	170	145 7002-8069 For a capital grant program to be administered by the executive office of
171	171	146economic development to provide grants or other financial assistance to private businesses that
172	172	147are constructing or expanding commercial, industrial or manufacturing facilities in the
173	173	148commonwealth which could include, but are not limited to: (i) the construction or expansion of
174	174	149facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling
175	175	150equipment or incorporates other decarbonization measures that would not otherwise be
176	176	151incorporated into the facility design; (ii) the integration of design features that make a facility
177	177	152more resilient to the impacts of climate change, where such design features would not otherwise
178	178	153be economically feasible; or (iii) capital investments that support the creation of a significant
179	179	154number of new jobs in the commonwealth; and provided further, that the secretary of economic
180	180	155development shall promulgate program guidelines around the administration of the program
181	181	156which may include administering the program through a contract with the Massachusetts
182	182	157Development Finance Authority, or other appropriate quasi-governmental
183	183	158agency…………………………………………………….…………………............$25,000,000
184	184	159 7002-8070 For a capital grant program to be administered by the Massachusetts
185	185	160Technology Park Corporation established by chapter 40J of the General Laws, to support the
186	186	161adoption and application of artificial intelligence capabilities to public policy problems and to
187	187	162leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in
188	188	163technology sectors including, but not limited to, life sciences, healthcare and hospitals, financial
189	189	164services, advanced manufacturing, robotics and education; provided, that grants shall support
190	190	165capital expenses related to activities that leverage emerging artificial intelligence technologies to 9 of 150
191	191	166advance the commonwealth’s lead in such technology sectors;; provided further, that grants shall
192	192	167be awarded and administered consistent with the strategic goals and priorities of the AI Strategic
193	193	168Task Force established by Executive Order No. 628; and provided further, that funds shall be
194	194	169used to support the incubation of artificial intelligence firms, advance the adoption of artificial
195	195	170intelligence technologies and support artificial intelligence software and hardware technology
196	196	171development and commercialization activities..…………………….….…................$100,000,000
197	197	172 7002-8072 For a competitive program of grants or other financial assistance, to be
198	198	173administered by the Massachusetts Technology Park Corporation established by chapter 40J of
199	199	174the General Laws, to provide infrastructure support for industry-led consortia focused on
200	200	175advancing the commonwealth’s global leadership and growing jobs in key emerging technology
201	201	176sectors including, but not limited to, quantum information sciences and technology, bioindustrial
202	202	177manufacturing and non-therapeutic biomanufacturing, to include alternative proteins, which are
203	203	178proteins created from plant-based, fermented, or cell-cultured inputs and processes to create
204	204	179foods that share sensory characteristics that are consistent with conventional meat and dairy;
205	205	180provided, that grants shall support the development, demonstration, deployment and
206	206	181commercialization of technology in said key emerging technology sectors and provide funds for
207	207	182infrastructure that support training, company incubation and acceleration, technology testing and
208	208	183evaluation and other commercial and economic development needs…………............$75,000,000
209	209	184 7002-8074 For a competitive program of grants or other financial assistance, to be
210	210	185administered by the Massachusetts Technology Park Corporation established by chapter 40J of
211	211	186the General Laws, to support research and development of robotics technology, including but not
212	212	187limited to robotics incubation, testing, training, workforce development, research and 10 of 150
213	213	188development and commercialization activities; and provided, that grants may be made to non-
214	214	189profits, public or private universities or private business entities…………..................$25,000,000
215	215	190 SECTION 2A.
216	216	191 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
217	217	192 Office of the Secretary
218	218	193 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42
219	219	194of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation,
220	220	195rehabilitation or other capital improvement or deferred maintenance to a cultural
221	221	196facility…………………………………………………………………………………$50,000,000
222	222	197 1100-2520 For grants or other financial assistance to cities, towns, regional
223	223	198organizations whose membership is exclusively composed of municipal governments, municipal
224	224	199redevelopment authorities or agencies, or quasi-governmental agencies to support economic
225	225	200development in the commonwealth, including efforts that support workforce development,
226	226	201higher education, tourism and arts and culture; provided, that purposes may include, but shall not
227	227	202be limited to, planning and studies, preparation of plans and specifications, site assembly and
228	228	203preparation, dispositions, acquisitions, repairs, renovations, improvements, construction,
229	229	204demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment
230	230	205and other capital assets, technical assistance and information technology equipment and
231	231	206infrastructure…………………………………………………………………………$100,000,000
232	232	207 1100-2521 For the Massachusetts Educational Financing Agency established by
233	233	208chapter 15C of the General Laws to assist students, their parents and others responsible for 11 of 150
234	234	209paying the costs of education as well as assisting institutions of higher education in supporting
235	235	210access to affordable higher education opportunities………………………………….$85,000,000
236	236	211 Board of Library Commissioners
237	237	212 7000-9093For a program of grants to cities and towns for approved public library
238	238	213projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided,
239	239	214that grants may be awarded to municipalities submitting applications jointly or through a
240	240	215regional planning agency....……………………………………………................... $150,000,000
241	241	216 SECTION 2B.
242	242	217 SECRETARY OF THE COMMONWEALTH
243	243	218 Massachusetts Historical Commission
244	244	219 0526-2013For a grant program to units of municipal government and to private,
245	245	220nonprofit organizations for the preservation of historic properties, landscapes and sites; provided,
246	246	221that such funds shall be awarded in accordance with regulations promulgated by the chairman of
247	247	222the Massachusetts historical commission....................................................................... $8,000,000
248	248	223 SECTION 2C.
249	249	224 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
250	250	225 Office of the Secretary
251	251	226 7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established by
252	252	227section 6 of chapter 23I of the General Laws………………………………............. $500,000,000 12 of 150
253	253	228 7002-8077 For the Clean Energy Investment Fund established by section 15 of
254	254	229chapter 23J of the General Laws to promote jobs, economic and workforce development through
255	255	230capital grants to companies and governmental entities for the purpose of supporting and
256	256	231stimulating research and development, innovation, manufacturing, commercialization and
257	257	232deployment of technologies in the commonwealth………………………………….$200,000,000
258	258	233 7002-8078 For the Massachusetts Offshore Wind Industry Investment Trust Fund
259	259	234established by section 9A of chapter 23J of the General Laws to support the offshore wind
260	260	235industry and facilitate economic development activity..……………….……………$200,000,000
261	261	236 SECTION 3. Section 16G of chapter 6A of the General Laws, as amended by section 21
262	262	237of chapter 7 of the Acts of 2023,is hereby further amended by striking out subsections (i) and (j)
263	263	238and inserting in place thereof the following 2 subsections:-
264	264	239 (i) The secretary shall, subject to appropriation, establish within the executive office an
265	265	240office of performance management and oversight to improve the effectiveness of the economic
266	266	241development efforts of the commonwealth. The secretary shall appoint a director of said office
267	267	242who shall have economic development experience in the public or private sector. The director
268	268	243shall establish performance metrics for the public and quasi-public agencies within the executive
269	269	244office or subject to section 56 of chapter 23A, and any regional economic development
270	270	245organization or other private organizations under contract with the commonwealth to perform
271	271	246economic development services, as the secretary shall determine. In developing or revising these
272	272	247performance metrics, the director may from time to time seek out private sector advice and
273	273	248models that can be adapted to the needs of the commonwealth. The secretary shall require each
274	274	249agency or organization reporting to the office to submit an annual plan, including the goals, 13 of 150
275	275	250programs and initiatives for the forthcoming year, and evaluation of the performance on the
276	276	251goals, programs and initiative outlined in the preceding year’s plan. Such reports shall be in a
277	277	252form directed by the director and incorporate such performance metrics as the director shall
278	278	253establish.
279	279	254 (j) The director shall prepare an annual report on the progress the agencies or
280	280	255organizations reporting to the office are making towards achieving stated goals in their annual
281	281	256plan. The annual report shall be made available to the public not later than December 31 of each
282	282	257year and shall be published on the official website of the commonwealth and forwarded to the
283	283	258clerks of the senate and house of representatives, the chairs of the house and senate committees
284	284	259on ways and means and the chairs of the joint committee on economic development and
285	285	260emerging technologies.
286	286	261 SECTION 4. Said section 16G of said chapter 6A, as so appearing, is hereby further
287	287	262amended by striking out subsection (m), and inserting in place thereof the following subsection:-
288	288	263 (m) Every 4 years, the secretary of economic development, in consultation with the
289	289	264secretary of energy and environmental affairs, shall prepare a report that evaluates the status of
290	290	265the commercial fishing industry and includes recommendations for appropriate actions to be
291	291	266taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.
292	292	267 In carrying out this requirement, the secretaries may seek the laboratory, technical,
293	293	268education and research skills and facilities of public institutions of higher education.
294	294	269 SECTION 5. Subsection (n) of said section 16G of said chapter 6A, as so appearing, is
295	295	270hereby further amended by striking out, in lines 246 to 248, inclusive, the second sentence. 14 of 150
296	296	271 SECTION 6. Said subsection (n) of said section 16G of said chapter 6A, as so appearing,
297	297	272is hereby further amended by striking out, in lines 255 to 256, the words “executive office and
298	298	273paid as the fund director shall direct” and inserting in place thereof the following words:-
299	299	274secretary of economic development.
300	300	275 SECTION 7. Said section 16G of said chapter 6A, as so appearing, is hereby further
301	301	276amended by striking out, in line 273, the words “The executive office shall submit an annual”
302	302	277and inserting in place thereof the following words:- In years when expenditures are made from
303	303	278the fund, the executive office shall submit a.
304	304	279 SECTION 8. Subsections (c) and (d) of section 35FF of chapter 10 of the General Laws,
305	305	280as appearing in the 2022 Official Edition, is hereby amended by striking out the words “clean
306	306	281energy”, each time they appear, and inserting in place thereof the following word:- climatetech.
307	307	282 SECTION 9. Section 12 of chapter 22 of the General Laws, as so appearing, is hereby
308	308	283repealed.
309	309	284 SECTION 10. Subsection (b) of section 3A of chapter 23A of the General Laws, as so
310	310	285appearing, is hereby amended by striking out the definition of “Expansion of an existing facility”
311	311	286and inserting in place thereof the following definition:-
312	312	287 “Expansion project”, the expansion of an existing facility located in the commonwealth
313	313	288that results in a net increase in the number of permanent full-time employees at the expanded
314	314	289facility. 15 of 150
315	315	290 SECTION 11. Said subsection (b) of said section 3A of said chapter 23A, as so
316	316	291appearing, is hereby further amended by inserting after the definition of “Gateway municipality”
317	317	292the following definition:-
318	318	293 “In-state relocation project”, the relocation of a business from one location in the
319	319	294commonwealth to another location in the commonwealth that results in a net increase in the
320	320	295number of permanent full-time employees.
321	321	296 SECTION 12. Said subsection (b) of said section 3A of said chapter 23A, as so
322	322	297appearing, is hereby further amended by striking out the definition of “Municipal project
323	323	298endorsement” and inserting in place thereof the following definition:-
324	324	299 “Municipal project endorsement”, an endorsement of a city council with the approval of
325	325	300the mayor in a city or a board of selectmen in a town that: (i) finds a proposed project is
326	326	301consistent with the municipality’s economic development objectives; (ii) finds a proposed
327	327	302project has a reasonable chance of increasing or retaining employment opportunities as advanced
328	328	303in the proposal; and (iii) provides a description of the local tax incentive, if any, offered by the
329	329	304municipality in support of the proposed project.
330	330	305 SECTION 13. Said subsection (b) of said section 3A of said chapter 23A, as so
331	331	306appearing, is hereby further amended by inserting after the definition of “Municipality” the
332	332	307following definition:-
333	333	308 “Out-of-state relocation project”, the relocation of a business and permanent full-time
334	334	309employees from outside the commonwealth to a location within the commonwealth. 16 of 150
335	335	310 SECTION 14. Said subsection (b) of said section 3A of said chapter 23A, as so
336	336	311appearing, is hereby further amended by striking out the definition of “Proportion of
337	337	312compliance” and inserting in place thereof the following definition:-
338	338	313 “Proportion of compliance”, a determination made by the economic assistance
339	339	314coordinating council, established pursuant to section 3B, of a certified project’s compliance with
340	340	315obligations related to capital investment, job creation, job retention or other obligations
341	341	316applicable to the certified project.
342	342	317 SECTION 15. Said subsection (b) of said section 3A of said chapter 23A, as so
343	343	318appearing, is hereby further amended by striking out the definition of “Replacement of an
344	344	319existing facility” and inserting in place thereof the following definition:-
345	345	320 “Retention project”, a project that enables a controlling business to retain at least 50
346	346	321permanent full-time employees at a facility located within a gateway city or in an adjacent city or
347	347	322town that is accessible by public transportation to residents of a gateway city; provided, that
348	348	323without such project, the retained jobs would be relocated outside of the commonwealth.
349	349	324 SECTION 16. Said section 3A of said chapter 23A, as so appearing, is hereby further
350	350	325amended by striking out, in line 113, the words “and approved by the EACC”.
351	351	326 SECTION 17. Section 3B of said chapter 23A, as most recently amended by section 66
352	352	327of chapter 7 of the acts of 2023, is hereby amended by striking out, in lines 5 to 6, the words
353	353	328“who shall serve as co-chairperson”. 17 of 150
354	354	329 SECTION 18. Said section 3B of said chapter 23A, as so appearing, is hereby further
355	355	330amended by striking out clauses (iii) to (vii), inclusive, and inserting in place thereof following
356	356	331clauses:-
357	357	332 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for
358	358	333the privilege of establishing, operating and maintaining a foreign trade zone in accordance with
359	359	334section 3G;
360	360	335 (iv) assist municipalities in obtaining state and federal resources and assistance for
361	361	336certified projects and other job creation and retention opportunities;
362	362	337 (v) provide appropriate coordination with other state programs, agencies, authorities and
363	363	338public instrumentalities to enable certified projects and other job creation and retention
364	364	339opportunities to be more effectively promoted by the commonwealth; and
365	365	340 (vi) monitor the implementation of the economic development incentive program.
366	366	341 SECTION 19. Subsection (c) of said section 3B of said chapter 23A, as most recently
367	367	342amended by section 67 of chapter 7 of the acts of 2023, is hereby amended by striking out the
368	368	343first 2 sentences and inserting in place thereof the following sentence:- The director of MOBD
369	369	344shall be responsible for administering the EDIP in consultation with the secretary of economic
370	370	345development and the EACC.
371	371	346 SECTION 20. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition,
372	372	347is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
373	373	348following 2 subsections:- 18 of 150
374	374	349 (a) A controlling business may petition the EACC to certify a proposed project by
375	375	350submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a
376	376	351representation by the controlling business regarding the amount of capital investment to be made,
377	377	352the number of new jobs to be created and the number of existing jobs to be retained; (iii) a
378	378	353representation by the controlling business regarding any other economic benefits or other public
379	379	354benefits expected to result from the construction of the proposed project; and (iv) any other
380	380	355information that the EACC shall require by regulation, policy or guidance.
381	381	356 (b) Upon receipt of a completed project proposal, the EACC may certify the proposed
382	382	357project, deny certification of the proposed project or certify the proposed project with conditions.
383	383	358In order to certify a proposed project, with or without conditions, the EACC shall make the
384	384	359following required findings based on the project proposal and any additional investigation that
385	385	360the EACC makes: (i) the proposed project is located or will be located within the
386	386	361commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation
387	387	362project, out-of-state relocation project or retention project; (iii) the controlling business has
388	388	363committed to maintaining new and retained jobs for a period of at least 3 years after the
389	389	364completion of the proposed project; (iv) the proposed project appears to be economically feasible
390	390	365and the controlling business has the financial and other means to undertake and complete the
391	391	366proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this
392	392	367chapter are a significant factor in its decision to undertake the proposed project; and (vi) the
393	393	368proposed project complies with all applicable statutory requirements and with any other criteria
394	394	369that the EACC may prescribe by regulation, policy or guidance.   19 of 150
395	395	370 The EACC shall, by regulation, policy or guidance, provide for the contents of an
396	396	371application for project certification which may include a requirement that the controlling
397	397	372business provide written evidence to support the certification provided for in clause (v).
398	398	373 SECTION 21. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is
399	399	374hereby amended by striking out the last sentence.
400	400	375 SECTION 22. Section 3D of said chapter 23A, as so appearing, is hereby amended by
401	401	376striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be
402	402	377claimed” and inserting in place thereof the following words:- awarded, the schedule on which
403	403	378those credits may be claimed and the extent to which the credits are refundable,.
404	404	379 SECTION 23. Said section 3D of said chapter 23A, as so appearing, is hereby further
405	405	380amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any,
406	406	381made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain
407	407	382women or minority-owned businesses during the construction of the certified project” and
408	408	383inserting in place thereof the following words:- (vii) commitments, if any, made by the
409	409	384controlling business to use Massachusetts firms, suppliers and vendors or to retain women or
410	410	385minority-owned businesses during the construction of the certified project; and (viii) the
411	411	386commitments, if any, set forth in a municipal project endorsement.
412	412	387 SECTION 24. Said section 3D of said chapter 23A, as so appearing, is hereby further
413	413	388amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right
414	414	389of the controlling business to carry unused tax credits forward to subsequent tax years” and
415	415	390inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling 20 of 150
416	416	391business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some
417	417	392portion of the credits to be refundable.
418	418	393 SECTION 25. Said section 3D of said chapter 23A, as so appearing, is hereby further
419	419	394amended by striking out subsection (b).
420	420	395 SECTION 26. Said chapter 23A, as so appearing, is hereby amended by striking out
421	421	396section 3E and inserting in place thereof the following section:-
422	422	397 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance
423	423	398with section 59 of chapter 40 to the controlling business of a certified project, or to any person or
424	424	399entity undertaking a real estate project or to any person or entity expanding a facility if the
425	425	400municipality finds that there is a strong likelihood that any of the following will occur within the
426	426	401area in question within a specific and reasonably proximate period of time: (i) a significant influx
427	427	402or growth in business activity; (ii) the creation of a significant number of new jobs and not
428	428	403merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private
429	429	404project or investment that contributes significantly to the resiliency of the local economy.
430	430	405 (b) A municipality may offer a special tax assessment to the controlling business of a
431	431	406certified project, to a person or entity undertaking a real estate project or to a person or entity
432	432	407proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of
433	433	408relocating outside of the commonwealth. A special tax assessment shall be set forth in a written
434	434	409agreement between the municipality and the property owner. The agreement shall include, but
435	435	410not be limited to, the amount of the tax reduction and the period of time over which such
436	436	411reduction shall be in effect, which shall be for a period not less than 5 years and not to exceed 20
437	437	412years. A special tax assessment approved by the municipality shall provide for a reduction of the 21 of 150
438	438	413real property tax that otherwise would be due. The reduction shall be based upon a percentage
439	439	414reduction in the tax that otherwise would be due on the full assessed value of the affected
440	440	415property. The special tax assessment shall provide for tax reduction at least equal to the
441	441	416following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that
442	442	417would be due based on the full assessed value of the affected property; (ii) in the second and
443	443	418third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based
444	444	419on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax
445	445	420reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed
446	446	421value of the affected property. The municipality may at its discretion provide for greater real
447	447	422property tax reductions than those described in clauses (i) to (iii), inclusive.
448	448	423 A municipality may approve special tax assessments if it determines that: (i) the property
449	449	424owner is either undertaking a project or otherwise making an investment that contributes to
450	450	425economic revitalization of the municipality and significantly increases employment opportunities
451	451	426for residents of the municipality or is retaining permanent full-time employees that otherwise
452	452	427would be relocated to a facility outside of the commonwealth; (ii) the special tax assessment is
453	453	428reasonably necessary to enable the owner’s investment in the project or to retain the jobs that
454	454	429otherwise would be relocated; and (iii) the total amount of local tax foregone is reasonably
455	455	430proportionate to the public benefits resulting from the special tax assessment.
456	456	431 (c) If a municipality offers tax increment financing or special tax assessment to the owner
457	457	432or controlling business of a certified project, or to the owner of a facility where a certified project
458	458	433is located, the municipality shall notify the EACC by submitting a fully executed copy of the
459	459	434adopted local incentive agreement and any amendments thereto. 22 of 150
460	460	435 SECTION 27. Section 3F of said chapter 23A, as so appearing, is hereby amended by
461	461	436striking out, in lines 1 to 2, the words “Not later than 2 years after the initial certification of a
462	462	437project by the EACC, and annually thereafter, the” and inserting in place thereof the following
463	463	438word:- The.
464	464	439 SECTION 28. Said section 3F of said chapter 23A, as so appearing, is hereby further
465	465	440amended by striking out, in line 37, the words “with job creation requirements”.
466	466	441 SECTION 29. Said section 3F of said chapter 23A, as so appearing, is hereby further
467	467	442amended by striking out subsections (d) and (e) and inserting in place thereof the following
468	468	443subsections:
469	469	444 (d) Revocation of a project certification shall take effect on the first day of the tax year in
470	470	445which the material noncompliance occurred, as determined by the EACC, and all EDIP tax
471	471	446credits available to the controlling business shall be rescinded and any claimed tax credits
472	472	447awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of
473	473	448chapter 62 and subsection (i) of section 38N of chapter 63.
474	474	449 (e) Notwithstanding any general law to the contrary, if a municipality terminates a local
475	475	450tax incentive agreement, the municipality may recapture the value of the tax not paid by making
476	476	451a special assessment on the owner of the parcel of real property in the tax year that follows the
477	477	452municipality’s decision to terminate the agreement. The assessment, payment and collection of
478	478	453the special assessment shall be governed by procedures provided for the taxation of omitted
479	479	454property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said
480	480	455chapter 59 for which omitted property assessments may be imposed for each of the fiscal years
481	481	456included in the special assessment. 23 of 150
482	482	457 SECTION 30. Said chapter 23A of the General Laws, as so appearing, is hereby further
483	483	458amended by striking out section 3H and inserting in place thereof the following section:-
484	484	459 Section 3H. There shall be a permit regulatory office within the executive office of
485	485	460economic development. The secretary of economic development shall appoint a person with
486	486	461experience with permitting and business development to serve as the director of the
487	487	462Massachusetts permit regulatory office. The director of the permit regulatory office shall: (i)
488	488	463serve as the state permit ombudsman to new and expanding businesses; (ii) work with other state
489	489	464agencies to expedite the process of obtaining state licenses, permits, state certificates, state
490	490	465approvals, and other requirements of law, but not including divisions of the state secretary’s
491	491	466office; (iii) provide technical assistance to municipalities interested in streamlining local
492	492	467permitting processes; (iv) review and approve or deny municipal priority development site
493	493	468proposals made pursuant to chapter 43D and monitor the development of priority development
494	494	469sites; (v) subject to appropriation, award technical assistance grants pursuant to chapter 43D; and
495	495	470(vi) support the administration of the growth districts initiative as defined in chapter 43E. The
496	496	471permit regulatory office shall consult with the secretary of energy and environmental affairs, the
497	497	472secretary of housing and livable communities, and the secretary of transportation before
498	498	473approving or denying a proposed priority development site.
499	499	474 Within the permit regulatory office there shall be a regulatory ombudsman to address
500	500	475regulatory matters of interest to the business community. The regulatory ombudsman shall work
501	501	476in partnership with the state permitting ombudsman to provide assistance to businesses in the
502	502	477process of complying with state regulations and other requirements of law that affect businesses.
503	503	478The regulatory ombudsman shall facilitate communication between individual businesses and
504	504	479state agencies and provide periodic training to regulatory personnel in state agencies on how to 24 of 150
505	505	480identify the small business impacts of regulation, how to reduce those impacts and how to
506	506	481expedite and streamline the process or compliance.
507	507	482 The director of the permit regulatory office shall file an annual report with the house and
508	508	483senate committees on ways and means by January 1 on the activities of the permit regulatory
509	509	484office.
510	510	485 SECTION 31. Said chapter 23A of the General Laws, as so appearing, is hereby further
511	511	486amended by inserting after section 3L the following section:-
512	512	487 Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts
513	513	488office of business development established in section 1, or any constituent office thereof.
514	514	489 (2) There is hereby established a pilot program for a live theater tax credit for which a
515	515	490live theater company doing business with a Massachusetts-based theater venue, theater company,
516	516	491theater presenter or producer may be eligible. The credit shall be established to support the
517	517	492expansion of pre-Broadway productions, pre-off Broadway productions and national tour
518	518	493launches, as those terms are defined in paragraph (1) of subsection (dd) of section 6 of chapter 62
519	519	494and subsection (a) of section 38NN of chapter 63 and shall assist in the development of long run
520	520	495show development and growth.
521	521	496 (b)(1) The office, directly or through a constituent office, shall run a competitive grant
522	522	497program to award live theater tax credits. An applicant may only be awarded a tax credit if they
523	523	498meet the requisite criteria and qualifications for the credit as outlined in this section and
524	524	499subsection (dd) of chapter 62 of the General Laws or section 38NN of chapter 63. The office
525	525	500shall establish criteria for prioritization of credits, which may include anticipated economic
526	526	501impact and other factors at the discretion of the office. The total cumulative value of the credits 25 of 150
527	527	502authorized pursuant to this section and subsection (dd) of chapter 62 of the General Laws or
528	528	503section 38NN of chapter 63 shall not exceed $5,000,000 annually.
529	529	504 (2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the
530	530	505office an application for certification of the theater production. The application shall provide all
531	531	506information and data the office deems necessary for the evaluation and administration of the
532	532	507application, including, but not limited to, any information about the theater production company
533	533	508or its related partners or presenters and a specific Massachusetts live theater or musical
534	534	509production as well as such other information as the office, in its discretion, requires in order to
535	535	510evaluate and prioritize applications. The eligible theater production budget shall be not less than
536	536	511$100,000. The maximum credit for any production shall not be more than $5,000,000, or a lesser
537	537	512amount as determined by the office.
538	538	513 (3) The office shall review completed applications, determine whether they meet the
539	539	514requisite criteria and qualifications for certification and award tax credits at their sole discretion.
540	540	515If a theater production or presentation is determined to be eligible, the office shall issue a
541	541	516certification of the eligible theater production or presentation to the theater production company,
542	542	517co-producer or presenter and to the commissioner of revenue. The certification shall provide a
543	543	518unique identification number for the production and shall be a statement of conditional eligibility
544	544	519for the production.
545	545	520 (c) Upon completion of an eligible theater production for which a certification has been
546	546	521granted, the applicant shall properly prepare, sign and submit to the office and the department of
547	547	522revenue a cost accounting in connection with the eligible theater production. The cost accounting
548	548	523shall contain a cost report and an accountant’s certification. In computing payroll costs, 26 of 150
549	549	524production and performance expenditures, and transportation expenditures for which a credit will
550	550	525be claimed, an eligible theater production shall subtract any state funds, state loans or state
551	551	526guaranteed loans. The office and commissioner of revenue may rely, without independent
552	552	527investigation, upon an accountant’s certification, in the form of an opinion, confirming the
553	553	528accuracy of the information included in the cost report. If the office or the department of revenue
554	554	529receives information that is materially inconsistent with representations made in an application,
555	555	530the office may rescind the certification.
556	556	531 (d) The office, in consultation with the commissioner of revenue, shall promulgate rules
557	557	532and regulations to carry out this section.
558	558	533 SECTION 32. Section 62 of said chapter 23A, as so appearing, is hereby repealed.
559	559	534 SECTION 33. Subsection (a) of section 66 of chapter 23A of the General Laws, as most
560	560	535recently amended by section 98 of chapter 7 of the Acts of 2023, is hereby further amended by
561	561	536striking out the last sentence and inserting in place thereof the following 2 sentences:- The
562	562	537mission of the commission shall be to enhance the economic vitality of rural communities and to
563	563	538advance the health and well-being of rural residents. For purposes of this section and section
564	564	53966A, “rural community” shall mean a municipality with population density of less than 500
565	565	540persons per square mile, or a population of less than 7,000 persons, in each case as shown in the
566	566	541most recent U.S. decennial census.
567	567	542 SECTION 34. Said chapter 23A, as appearing in the 2022 Official Edition, is hereby
568	568	543further amended by inserting, after said section 66, the following new section:-
569	569	544 Section 66A. (a) The executive office of economic development shall administer a rural
570	570	545development program to promote economic opportunity and prosperity in rural communities. 27 of 150
571	571	546The program shall provide financial assistance on a competitive basis to municipalities or other
572	572	547public entities, community development corporations or non-profit entities for infrastructure
573	573	548projects, downtown improvements and other projects that advance economic and community
574	574	549development, stable housing markets and other priorities identified by the rural policy advisory
575	575	550commission established in section 66.
576	576	551 (b) The secretary of economic development shall by guidelines or regulations establish an
577	577	552application process and criteria for prioritizing the distribution of financial assistance, taking into
578	578	553account the diversity of rural communities. The guidelines or regulations shall allow for joint
579	579	554applications by two or more rural communities for a single project serving those municipalities.
580	580	555 (c) The secretary of economic development shall report annually to the chairs of the
581	581	556senate and house committees on ways and means and the chairs of the joint committee on
582	582	557community development and small businesses on the activities and status of the program.
583	583	558 SECTION 35. Subsection (a) of section 69 of chapter 23A of the General Laws, as so
584	584	559appearing, is hereby amended by striking out, in lines 10 to 16, inclusive, the third sentence and
585	585	560inserting in place thereof the following sentence:- For the purposes of this section, the term
586	586	561“micro business” shall mean a business entity with: (i) a principal place of business in the
587	587	562commonwealth; (ii) 10 or fewer full-time employees; and (iii) annual revenue of not more than
588	588	563$250,000.
589	589	564 SECTION 36. Section 27 of chapter 23G of the General Laws, as so appearing, is hereby
590	590	565amended by striking out, in line 103, the words “clean and renewable energy technology” the
591	591	566first time they appear and inserting in place thereof the following:- climatetech, as defined in
592	592	567section 1 of chapter 23J. 28 of 150
593	593	568 SECTION 37. Chapter 23G of the General Laws, as so appearing, is hereby amended by
594	594	569inserting after section 27 the following new section:-
595	595	570 Section 27A. Massachusetts climatetech loan guarantee program
596	596	571 (a) For the purposes of this section, the following terms shall have the following
597	597	572meanings unless the context clearly requires otherwise:
598	598	573 “Climatetech” and “climatetech company” shall have the same meanings as defined in
599	599	574section 1 of chapter 23J.
600	600	575 “Fund”, the Emerging Technology Fund established pursuant to section 27.
601	601	576 (b) There is hereby established within the agency the Massachusetts climatetech loan
602	602	577guarantee program to expand access to private capital for expenses including, but not limited to,
603	603	578equipment, facilities and operations by providing eligible companies with loan guarantees and, in
604	604	579coordination with the Massachusetts clean energy technology center established by section 2 of
605	605	580chapter 23J, information and technical assistance related to available capital; provided, however,
606	606	581that an eligible company shall be a climatetech company located or primarily operating in the
607	607	582commonwealth.
608	608	583 (c) The agency shall utilize the fund, other than as permitted in section 27, solely to
609	609	584guarantee loans related to a permissible purpose as defined hereinafter, and to make extensions
610	610	585of the same, made pursuant to the provisions of this section and detailed regulations adopted by
611	611	586the board; provided, however, that the agency shall make no such reservation, encumbrance, or
612	612	587disbursement from the fund unless and until said regulations have been reviewed and approved
613	613	588in writing by the secretary of economic development; and provided further, that a permissible 29 of 150
614	614	589loan use purpose shall include, but not be limited to: (i) start-up costs; (ii) the purchase or
615	615	590deployment of equipment; (iii) new construction; (iv) inventory; (v) working capital; (vi) export
616	616	591financing; (vii) franchise fees; (viii) business expansion; or (ix) gap financing. Any
617	617	592determination to guarantee loans or to make an extension of the same pursuant to this section
618	618	593shall be made by the board.
619	619	594 (d) The agency may charge fees to defray the operating expenses of the climatetech loan
620	620	595guarantee program. The amount of the fees shall be determined by the board.
621	621	596 (e) Loan guarantees shall be secured by no less than a 30 per cent reserve in said fund.
622	622	597The board may elect to require a higher reserve. The regulations adopted by the board as
623	623	598provided in subsection (c) shall include, but not be limited to, provisions regarding the terms and
624	624	599limits for loan guarantees to be secured by the fund; provided, however, that in no instance shall
625	625	600a loan guarantee secured by the fund exceed the lower of the following: (i) 80 per cent of the
626	626	601required financing; or (ii) $2,000,000.
627	627	602 (f) The agency shall make no affirmative determination to guarantee any loan or any
628	628	603extension of the same to be secured by the fund unless and until the board has made the
629	629	604following findings of fact, to be incorporated in the formal records of its proceedings:
630	630	605 (i) that borrowers have a minimum equity interest in the business as determined by the
631	631	606board;
632	632	607 (ii) that the proposed loan guarantees will be extended to climatetech companies which
633	633	608have their principal place of business in the commonwealth; 30 of 150
634	634	609 (iii) that there exists adequate collateral or security agreements to ensure the full
635	635	610repayment of loan guarantees extended under this chapter and to assist in evaluating the
636	636	611program;
637	637	612 (iv) that, to the extent possible, said loan guarantee is such that a definite benefit to the
638	638	613economy of the commonwealth may reasonably be expected therefrom; and
639	639	614 (v) that financing assistance secured by the fund shall only be extended under the
640	640	615following circumstances:
641	641	616 (A) as part of a governmental match which may be required to secure participation of
642	642	617eligible climatetech companies in federal, state or private financing programs; or
643	643	618 (B) if adequate financing assistance is not readily available from public or private sources
644	644	619in a timely manner.
645	645	620 (g) Nothing contained in this section shall be deemed to be a pledge of the credit of the
646	646	621commonwealth.
647	647	622 SECTION 38. Chapter 23I of the General Laws, as so appearing, is hereby amended by
648	648	623striking out section 1 and inserting in place thereof the following section:-
649	649	624 Section 1. The general court finds and declares that:
650	650	625 (1) research in the life sciences and regenerative and preventative medicine presents a
651	651	626significant opportunity of yielding fundamental biological knowledge from which may emanate
652	652	627therapies to relieve, on a large scale, human suffering from disease and injury; 31 of 150
653	653	628 (2) the extraordinary biomedical scientists working within institutions of higher
654	654	629education, research institutes, hospitals and life sciences companies can contribute significantly
655	655	630to the welfare of mankind by performing outstanding research in these fields;
656	656	631 (3) promoting the health of residents of the commonwealth is a fundamental purpose of
657	657	632state government;
658	658	633 (4) promoting life sciences research to foster the development of the next generation of
659	659	634health-related innovations, to enhance the competitive position of the commonwealth in this vital
660	660	635sector of the economy, and to improve the quality and delivery of health care for the people of
661	661	636the commonwealth is a clear public purpose and governmental function;
662	662	637 (5) public support for and promotion of the life sciences will benefit the commonwealth
663	663	638and its residents through improved health status and health outcomes, economic development,
664	664	639and contributions to scientific knowledge, and such research will lead to breakthroughs and
665	665	640improvements that might not otherwise be discovered due to the lack of existing market
666	666	641incentives, especially in the area of regenerative and preventative medicine, such as stem cell
667	667	642research;
668	668	643 (6) public support for, and promotion of, life sciences research has the potential to
669	669	644provide cures or new treatments for many debilitating diseases that cause tremendous human
670	670	645suffering and cost the commonwealth millions of dollars each year;
671	671	646 (7) it is imperative for the purposes of the commonwealth's competitiveness to invest in
672	672	647life sciences research, biotechnology, nanotechnology, bio-security, and health-related artificial
673	673	648intelligence to leverage revenues and to encourage cooperation and innovation among public and
674	674	649private institutions involved in life sciences research and related applications; 32 of 150
675	675	650 (8) the purpose of this chapter is to continue the establishment of the Massachusetts Life
676	676	651Sciences Center, to grant that center the power to contract with other entities to receive other
677	677	652funds, and to disburse those funds consistent with the purpose of this chapter;
678	678	653 (9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available
679	679	654research in life sciences disciplines through diverse institutions and to build upon existing
680	680	655strengths in the area of biosciences in order to spread the economic benefits across the
681	681	656commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the
682	682	657world; and
683	683	658 (10) the investments of the life sciences center are intended to support future statewide,
684	684	659comprehensive strategies to lead the nation in life sciences-related research, innovations and
685	685	660employment.
686	686	661 SECTION 39. Section 2 of said chapter 23I, as so appearing, is hereby amended by
687	687	662inserting after the definition of “equity investment” the following definition:-
688	688	663 “Health equity”, addressing the preventable disproportion and differences in the burden
689	689	664of disease, experienced by populations that have been disadvantaged by their social or economic
690	690	665status, geographic location or environment.
691	691	666 SECTION 40. Said section 2 of said chapter 23I, as so appearing, is hereby further
692	692	667amended by striking out the definition of “Life sciences” and inserting in place thereof the
693	693	668following definition:-
694	694	669 “Life sciences”, advanced and applied sciences that expand the understanding of human
695	695	670physiology and have the potential to lead to medical advances or therapeutic applications 33 of 150
696	696	671including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
697	697	672engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences-related artificial
698	698	673intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
699	699	674marine biology, marine technology, medical technology, medical devices, nanotechnology,
700	700	675natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
701	701	676interference, stem cell research and veterinary science.
702	702	677 SECTION 41. Section 3 of said chapter 23I, as so appearing, is hereby amended by
703	703	678striking out subsection (b) and inserting in place thereof the following subsection:-
704	704	679 (b) The center shall be governed and its corporate powers exercised by a board of
705	705	680directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance
706	706	681or their designee; 1 of whom shall be the secretary of economic development or their designee; 1
707	707	682of whom shall be the president of the University of Massachusetts or their designee; and 6 of
708	708	683whom shall be appointed by the governor: 1 of whom shall be a chief executive officer of a
709	709	684Massachusetts-based life sciences corporation that is a member of the board of directors of the
710	710	685Massachusetts Biotechnology Council; 1 of whom shall be a researcher involved in the
711	711	686commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic
712	712	687products; 1 of whom shall have significant experience in the medical device sector and be a
713	713	688member of the Massachusetts Medical Device Industry Council board of directors; 1 of whom
714	714	689shall have significant experience in the health equity subsector of the life sciences sector; 1 of
715	715	690whom shall have significant experience in the digital health subsector of the life sciences sector;
716	716	691and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital
717	717	692Association. 34 of 150
718	718	693 Each appointed member shall serve a term of 5 years, except that in making their initial
719	719	694appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 director to
720	720	695serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to serve for a
721	721	696term of 4 years. The secretary of the executive office of administration and finance and the
722	722	697secretary of the executive office of economic development, or their designees, shall serve as co-
723	723	698chairs of the board. Any person appointed to fill a vacancy in the office of an appointed director
724	724	699of the board shall be appointed in a like manner and shall serve for only the unexpired term of
725	725	700such director. Any director shall be eligible for reappointment. Any director may be removed
726	726	701from their appointment by the governor for cause.
727	727	702 SECTION 42. Said section 3 of said chapter 23I, as so appearing, is hereby further
728	728	703amended by striking out, in line 38, the word “Four” and inserting in place thereof the following
729	729	704word:- Six
730	730	705 SECTION 43. Said section 3 of said chapter 23I, as so appearing, is hereby further
731	731	706amended by inserting after the word “center”, in line 71, the following words:- , unless the
732	732	707president, in their discretion, elects to appoint and employ a chief administrative and operational
733	733	708officer.
734	734	709 SECTION 44. Clause (9) of subsection (a) of section 4 of said chapter 23I, as so
735	735	710appearing, is hereby amended by striking out, in line 64, the word “Investment” and inserting in
736	736	711place thereof the following word:- Breakthrough.
737	737	712 SECTION 45. Said subsection (a) of said section 4 of said chapter 23I, as so appearing, is
738	738	713hereby amended by inserting, after clause (23), the following clause:- 35 of 150
739	739	714 (23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of
740	740	715higher education, nonprofit organizations, other public or quasi-public entities in the
741	741	716commonwealth and certified life sciences companies; provided, that eligible grantees shall
742	742	717include private businesses; provided further, that grants shall be awarded and administered
743	743	718consistent with the strategic goals and priorities of the center; provided further, that grants made
744	744	719for the purchase of equipment to be owned by, leased to or located within the premises of a
745	745	720private businesses shall be made in support of a partnership with an institution of higher
746	746	721education or nonprofit corporation with a mission of supporting the life sciences in the
747	747	722commonwealth; provided further, that a private university or business entity shall not be eligible
748	748	723for a grant unless the center has made a finding that a grant to such university or entity will result
749	749	724in a significant public benefit and the private benefit is incidental to a legitimate public purpose;
750	750	725and provided further, that grants shall be awarded in a manner that promotes geographic, social,
751	751	726racial and economic equity;.
752	752	727 SECTION 46. Clause (29) of said subsection (a) of said section 4 of said chapter 23I, as
753	753	728so appearing, is hereby further amended by striking out, in line 159, the word “Investment” and
754	754	729inserting in place thereof the following word:- Breakthrough.
755	755	730 SECTION 47. Said subsection (a) of said section 4 of said chapter 23I, as so appearing, is
756	756	731hereby further amended by striking out clauses (31) and (32) and inserting in place thereof the
757	757	732following 3 clauses:-
758	758	733 (31) to track and report to the general court on federal initiatives that have an impact on
759	759	734life sciences companies doing business in the commonwealth; 36 of 150
760	760	735 (32) to create award programs to acknowledge successful companies, public and private
761	761	736institutions and programs in industry-specific areas, as determined by the center; and
762	762	737 (33) to convene an advisory board as may be necessary in its judgment to carry out the
763	763	738purposes of this act.
764	764	739 SECTION 48. Subsection (c) of section 5 of said chapter 23I, as so appearing, is hereby
765	765	740amended by striking out, in line 64, the word “Investment” and inserting in place thereof the
766	766	741following word:- Breakthrough.
767	767	742 SECTION 49. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is
768	768	743hereby further amended by striking out, in line 92, the figure “$30,000,000” and inserting in
769	769	744place thereof the following figure:- $50,000,000.
770	770	745 SECTION 50. Clause (1) of subsection (e) of said section 5 of said chapter 23I, as so
771	771	746appearing, is hereby amended by striking out, in line 107, the figure “5” and inserting in place
772	772	747thereof the following figure:- 3.
773	773	748 SECTION 51. Clause (2) of said subsection (e) of said section 5 of said chapter 23I, as so
774	774	749appearing, is hereby further amended by striking out, in line 120, the word “shall” and inserting
775	775	750in place thereof the following word:- may.
776	776	751 SECTION 52. Said chapter 23I, as so appearing, is hereby further amended by striking
777	777	752out section 6 and inserting in place thereof the following section:-
778	778	753 Section 6. (a) There shall be established and placed within the center a fund to be known
779	779	754as the Massachusetts Life Sciences Breakthrough Fund, hereinafter in this section referred to as
780	780	755the fund, to finance the activities of the center. The fund shall be credited with (i) any 37 of 150
781	781	756appropriations or other monies authorized by the general court and specifically designated to be
782	782	757credited thereto; (ii) additional funds subject to the direction and control of the center; (iii)
783	783	758pension funds; (iv) federal grants or loans; (v) royalties or private investment capital which may
784	784	759properly be applied in furtherance of the objectives of the fund; (iv) any proceeds from the sale
785	785	760of qualified investments secured or held by the fund; (v) fees and charges imposed relative to the
786	786	761making of qualified investments as defined by the center, secured or held by the fund; and (vi)
787	787	762any other monies which may be available to the center for the purposes of the fund from any
788	788	763other source or sources. Any monies deposited in the fund and shall be available to the center for
789	789	764the purposes described in this section, without further appropriation. All available monies in the
790	790	765fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and
791	791	766shall be made available for expenditure in the subsequent fiscal year.
792	792	767 (b) The center shall invest and reinvest the fund and the income thereof only as follows:
793	793	768 (1) making qualified investments pursuant to subsection (c);
794	794	769 (2) defraying the ordinary and necessary expenses of administration and operation
795	795	770associated with the center; provided, however, that said administrative and operational expenses
796	796	771shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in
797	797	772a fiscal year;
798	798	773 (3) investing any funds not required for immediate disbursement in the purchase of such
799	799	774securities as may be lawful investments for fiduciaries in the commonwealth;
800	800	775 (4) paying binding obligations associated with such qualified investments which shall be
801	801	776secured by the fund as the same become payable; or 38 of 150
802	802	777 (5) paying principal or interest on qualified investments secured by the fund or paying
803	803	778any redemption premium required to be paid when such qualified investments shall be redeemed
804	804	779prior to maturity; provided, however, that monies in the fund shall not be withdrawn at any time
805	805	780in such an amount as would reduce the amount of the fund to less than the minimum requirement
806	806	781thereof established by the board, except for the purpose of paying binding obligations associated
807	807	782with qualified investments which shall be secured by the fund as the same become payable.
808	808	783 (c) The fund shall be held and applied by the center, subject to the approval of the board,
809	809	784to make qualified investments, grants, research and other funding and loans designed to advance
810	810	785the following public purposes for the life sciences in the commonwealth:
811	811	786 (1) to stimulate increased financing for the expansion of research and development by
812	812	787leveraging private financing for highly productive state-of-the-art research and development
813	813	788facilities, equipment and instrumentation and by providing financing related thereto including,
814	814	789but not limited to, financing for the construction or expansion of such new facilities;
815	815	790 (2) to make targeted investments, including research funding, proof of concept funding
816	816	791and funding for the development of devices, drugs, or therapeutics and to promote manufacturing
817	817	792activities for new or existing advanced technologies and life sciences research; provided, that
818	818	793funding provided for the purchase of equipment to be owned by, leased to or located within the
819	819	794premises of a private businesses shall be made in support of a partnership with an institution of
820	820	795higher education or nonprofit corporation with a mission of supporting the life sciences in the
821	821	796commonwealth; provided further, that a private university or business entity shall not be eligible
822	822	797for funding unless the center has made a finding that such funding will result in a significant
823	823	798public benefit and the private benefit is incidental to a legitimate public purpose; and provided 39 of 150
824	824	799further, that grants shall be awarded in a manner that promotes geographic, social, racial and
825	825	800economic equity.
826	826	801 (3) to make matching grants to colleges, universities, independent research institutions,
827	827	802nonprofit entities, public instrumentalities, companies and other entities in connection with
828	828	803support from the federal government, industry and other grant-funding sources related to the
829	829	804expansion of research and development and to increase and strengthen economic development,
830	830	805employment opportunities and commercial and industrial sectors in the field of life sciences;
831	831	806 (4) to provide bridge financing to colleges, universities, independent research institutions,
832	832	807nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants
833	833	808as described in clause (3) awarded or to be awarded by the federal government, industry or other
834	834	809sources;
835	835	810 (5) to provide fellowships, co-ops, high school internships, for which additional
836	836	811consideration shall be given to minority students at schools where at least 80 per cent of the
837	837	812student population is eligible for free or reduced lunch, college internships, for which additional
838	838	813consideration shall be given to minority students enrolled full-time or part-time at a community
839	839	814college, loans and grants;
840	840	815 (6) to provide workforce training grants to prepare individuals for life sciences careers;
841	841	816 (7) to provide funding for development, coordination and marketing of higher education
842	842	817programs; and
843	843	818 (8) to make qualified grants to certified life sciences companies for site remediation,
844	844	819preparation and ancillary infrastructure improvement projects. 40 of 150
845	845	820 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives
846	846	821including but not limited to:
847	847	822 (1) international trade initiatives;
848	848	823 (2) qualified grants and equity investments to further workforce development and
849	849	824education in the life sciences and to promote a diverse life sciences workforce in the
850	850	825commonwealth;
851	851	826 (3) activities that facilitate the transfer of technology from the commonwealth's research
852	852	827institutions to the commonwealth's life science industries, for productive use by such industries
853	853	828and to make targeted investments in proof of concept funding for emerging technologies;
854	854	829 (4) a program to promote the research and development of plant-made pharmaceuticals
855	855	830and industrial products through field trials, in collaboration with the department of agricultural
856	856	831resources;
857	857	832 (5) initiatives to promote the research, development, adoption and productive application
858	858	833of artificial intelligence within the commonwealth’s life science industries;
859	859	834 (6) initiatives to promote health equity, including programs that help to identify and
860	860	835address preventable disproportion and differences in the burden of disease, or opportunities to
861	861	836achieve optimal health, experienced by populations that have been disadvantaged by their social
862	862	837or economic status, geographic location or environment;
863	863	838 (7) initiatives to promote the efficient collection, storage and sharing of biological
864	864	839samples and health information to assist with research and development of new treatments for
865	865	840disease or otherwise improve patient outcomes; 41 of 150
866	866	841 (8) initiatives to promote biomanufacturing and supply chain resiliency in the life
867	867	842sciences in the commonwealth;
868	868	843 (9) initiatives to promote diversity and equity in life sciences entrepreneurship; and
869	869	844 (10) a program to make qualified equity investments in early-stage life sciences
870	870	845companies and enterprises seeking to raise seed capital; provided, however, that said qualified
871	871	846equity investments shall not exceed $250,000 in any 1 enterprise. The center shall not make such
872	872	847qualified equity investments unless said investment has been approved by a majority vote of the
873	873	848board; the recipient is a life sciences company certified pursuant to section 5; and the center
874	874	849finds, to the extent possible, that a definite benefit to the commonwealth's economy may
875	875	850reasonably be expected from said qualified investment. In evaluating a request or application for
876	876	851funding, the center shall consider whether:
877	877	852 (i) the proceeds of the equity investment shall only be used to cover the seed capital
878	878	853needs of the enterprise except as hereinafter authorized;
879	879	854 (ii) the enterprise has a reasonable chance of success;
880	880	855 (iii) the center's participation is necessary to the success of the enterprise because funding
881	881	856for the enterprise is unavailable in the traditional capital markets or contingent upon matching
882	882	857funds, or because funding has been offered on terms that would substantially hinder the success
883	883	858of the enterprise;
884	884	859 (iv) the enterprise has reasonable potential to create a substantial amount of primary
885	885	860employment in the commonwealth; 42 of 150
886	886	861 (v) the enterprise’s principals have made or are prepared to make a substantial financial
887	887	862and time commitment to the enterprise; and
888	888	863
889	889	864 (vi) a reasonable effort has been made to find a professional investor to invest in the
890	890	865enterprise and such effort was unsuccessful.
891	891	866 (e) The center shall not make a qualified investment pursuant to clause (1) of subsection
892	892	867(b) unless:
893	893	868 (1) said investment has been approved by a majority vote of the board;
894	894	869 (2) the recipient is a certified life sciences company pursuant to section 5 or a project or
895	895	870initiative listed in subsection (d);
896	896	871 (3) the securities to be purchased are qualified securities;
897	897	872 (4) the center finds that there is a reasonable possibility that the center will, at a
898	898	873minimum, recoup its initial investment;
899	899	874 (5) binding commitments have been made to the center by the enterprise for adequate
900	900	875reporting of financial data to the center, which shall include a requirement for an annual or other
901	901	876periodic audit of the books of the enterprise, and for such control on the part of the center as the
902	902	877board shall consider prudent over the management of the enterprise, to protect the investment of
903	903	878the center including the board's right to access, without limitation, financial and other records of
904	904	879the enterprise; 43 of 150
905	905	880 (6) the center finds, to the extent possible, that a definite benefit to the commonwealth's
906	906	881economy may reasonably be expected from said qualified investment; provided, further, that in
907	907	882evaluating a request or application for funding, the center shall consider the following:
908	908	883 (i) the appropriateness of the project;
909	909	884 (ii) whether the project has significant potential to expand employment;
910	910	885 (iii) the project’s potential to enhance technological advancements;
911	911	886 (iv) the project's potential to lead to a breakthrough medical treatment for a particular
912	912	887disease or medical condition;
913	913	888 (v) the project's potential for leveraging additional funding or attracting resources to the
914	914	889commonwealth;
915	915	890 (vi) the project's potential to promote manufacturing in the commonwealth; and
916	916	891 (vii) evidence of potential royalty income and contractual means to recapture such
917	917	892income for the purposes of this chapter, as the center considers appropriate;
918	918	893 (7) to the extent said investment is a capital investment made pursuant to clause (8) of
919	919	894subsection (c), the investment has been approved by the secretary of the executive office of
920	920	895administration and finance upon request of the center; provided, however, that said request shall
921	921	896be submitted to the secretary in writing and shall include, but not be limited to:
922	922	897 (i) a description of the project or program to be funded;
923	923	898 (ii) the economic benefits to the commonwealth which can reasonably be expected from
924	924	899said project or program; 44 of 150
925	925	900 (iii) a copy of the proposed contract or other document executing the transaction between
926	926	901the center and the recipient of the funds;
927	927	902 (iv) a description of the contractual or other legal remedies available to the center upon
928	928	903non-performance of the contract or other document executing the transaction by the recipient
929	929	904including, but not limited to, any provisions for restitution or reimbursement of the funds
930	930	905granted, loaned or otherwise invested in or with the recipient; and
931	931	906 (v) any other information as the secretary may determine; and
932	932	907 (5) said qualified investment conforms with the rules approved by the board.
933	933	908 Said rules shall set the terms and conditions for investments which shall constitute
934	934	909qualified investments including, but not limited to, loans, guarantees, loan insurance or
935	935	910reinsurance, equity investments, grants awarded pursuant to clause (3) of subsection (c), other
936	936	911financing or credit enhancing devices, as established by the center directly or on its own behalf
937	937	912or in conjunction with other public instrumentalities, or private institutions or the federal
938	938	913government. Said rules shall provide that qualified investments made pursuant to clauses (1) and
939	939	914(2) of said subsection (c) shall involve a transaction with the participation of at least 1 at-risk
940	940	915private party.
941	941	916 Said rules shall establish the terms, procedures, standards and conditions which the center
942	942	917shall employ to identify qualified applications, process applications, make investment
943	943	918determinations, safeguard the fund, advance the objective of increasing employment
944	944	919opportunities, oversee the progress of qualified investments and secure the participation of other
945	945	920public instrumentalities, private institutions or the federal government in such qualified
946	946	921investments. Said rules shall provide for negotiated intellectual property agreements between the 45 of 150
947	947	922center and a qualified investment recipient which shall include the terms and conditions by
948	948	923which the fund's support may be reduced or withdrawn.
949	949	924 (f) The center may solicit investments by private institutions or investors in the activities
950	950	925of the fund and may reach agreements with such private institutions or investors regarding the
951	951	926terms of any such investments including, but not limited to, the rights of such investors to
952	952	927participate in the income or appropriation of the fund. To further the objective of securing
953	953	928investments by private institutions or investors in the activities of the fund pursuant to the
954	954	929preceding sentence, the center may develop a proposal creating a separate investment entity
955	955	930which shall permit the commingling of the fund's resources with the maximum participation by
956	956	931such private institutions or investors in a manner consistent with the public purpose of the fund
957	957	932and under the terms and conditions established to protect and preserve the assets of the fund.
958	958	933 (g) Copies of the approved rules, and any modifications thereto, shall be submitted to the
959	959	934clerks of the house of representatives and the senate, who shall forward the same to the chairs of
960	960	935the house and senate committees on ways and means and the chairs of the joint committee on
961	961	936economic development and emerging technologies.
962	962	937 (h) Qualified investment transactions made by the center pursuant to this section shall
963	963	938not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and
964	964	939shall be payable solely from the Massachusetts Life Sciences Breakthrough Fund established by
965	965	940this section and shall not constitute a debt or pledge of the full faith and credit of the
966	966	941commonwealth, the center or any subdivision of the commonwealth.
967	967	942 (i) The center shall not make expenditure from or commitment of the assets of the fund
968	968	943including, but not limited to, the making of qualified investments secured by the fund, if 46 of 150
969	969	944following the making of said qualified investment, the amount of the fund shall be less than the
970	970	945minimum requirement established by the board.
971	971	946 SECTION 53. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby
972	972	947amended by adding the following sentence:- The center may in its discretion transfer funds from
973	973	948the Life Sciences Breakthrough Fund established under section 6 to the Dr. Craig C. Mello Small
974	974	949Business Equity Investment Fund to advance the purposes of this section.
975	975	950 SECTION 54. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby
976	976	951amended by adding the following sentence:- The center may in its discretion transfer funds from
977	977	952the Life Sciences Breakthrough Fund established under section 6 to the Dr. Judah Folkman
978	978	953Higher Education Grant Fund to advance the purposes of this section.
979	979	954 SECTION 55. Sections 9 and 10 of chapter 23I of the General Laws are hereby repealed.
980	980	955 SECTION 56. Section 12 of said chapter 23I is hereby repealed.
981	981	956 SECTION 57. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition,
982	982	957is hereby amended by striking out, in line 18, the words “October 1” and inserting in place
983	983	958thereof the following words:- December 31.
984	984	959 SECTION 58. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
985	985	960amended by inserting after the definition of “Clean energy research” the following 3 definitions:-
986	986	961 “Climatetech”, clean energy, other advanced and applied technologies that contribute to
987	987	962the decarbonization of the economy, reduce and mitigate greenhouse gas emissions or mitigate
988	988	963the impacts of climate change through adaptation, resiliency and environmental sustainability.  47 of 150
989	989	964 “Climatetech company”, a business corporation, partnership, firm, unincorporated
990	990	965association or other entity engaged in research, development, innovation, manufacturing,
991	991	966deployment or commercialization of climatetech technologies in the commonwealth and any
992	992	967affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63,
993	993	96864H or 64I.
994	994	969 “Climatetech research”, clean energy research, advanced and applied research in new
995	995	970climatetech technologies.
996	996	971 SECTION 59. Subsection (a) of section 2 of said chapter 23J, as so appearing, is hereby
997	997	972amended by striking out, in the third paragraph, the words “clean energy”, each time they appear,
998	998	973and inserting in place thereof the following word:- climatetech.
999	999	974 SECTION 60. Said subsection (a) of said section 2 of said chapter 23J, as so appearing, is
1000	1000	975hereby further amended by striking out, in line 32, the word “clean” and inserting in place
1001	1001	976thereof the following word:- climatetech.
1002	1002	977 SECTION 61. Subsections (b) and (e) of said section 2 of said chapter 23J, as so
1003	1003	978appearing, are hereby amended by striking out the words “clean energy”, each time they appear,
1004	1004	979and inserting in place thereof the following word:- climatetech.
1005	1005	980 SECTION 62. Subsection (a) of section 3 of said chapter 23J, as so appearing, is hereby
1006	1006	981amended by striking out the words “clean energy”, each time they appear, and inserting in place
1007	1007	982thereof the following word:- climatetech. 48 of 150
1008	1008	983 SECTION 63. Section 5 of said chapter 23J, as so appearing, is hereby amended by
1009	1009	984striking out the words “clean energy”, each time they appear, and inserting in place thereof the
1010	1010	985following word:- climatetech.
1011	1011	986 SECTION 64. Section 7 of said chapter 23J, as so appearing, is hereby amended by
1012	1012	987striking out the words “clean energy”, each time they appear, and inserting in place thereof the
1013	1013	988following word:- climatetech.
1014	1014	989 SECTION 65. Section 8 of said chapter 23J, as so appearing, is hereby amended by
1015	1015	990striking out the words “clean energy”, each time they appear, and inserting in place thereof the
1016	1016	991following word:- climatetech.
1017	1017	992 SECTION 66. Subsections (b) and (c) of section 9 of said chapter 23J, as so appearing,
1018	1018	993are hereby amended by inserting after the words “renewable energy”, each time they appear, the
1019	1019	994following words:- and climatetech.
1020	1020	995 SECTION 67. Said subsection (c) of said section 9 of said chapter 23J, as so appearing, is
1021	1021	996hereby further amended by inserting after the words “clean energy”, each time they appear, the
1022	1022	997following words:- and climatetech.
1023	1023	998 SECTION 68. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is
1024	1024	999hereby amended by striking out, in lines 78 to 87, clauses (i) through (v), inclusive, and inserting
1025	1025	1000in place thereof the following clauses:-
1026	1026	1001 (i) the growth of the renewable energy-provider and climatetech industry; (ii) the use of
1027	1027	1002renewable energy by electricity customers in the commonwealth; (iii) public education and
1028	1028	1003training regarding renewable energy and climatetech including, but not limited to, promoting 49 of 150
1029	1029	1004programs and investments that lead to pathways toward economic self-sufficiency for low- and
1030	1030	1005moderate-income individuals and communities in the clean energy and climatetech industry; (iv)
1031	1031	1006product and market development; (v) pilot and demonstration projects and other activities
1032	1032	1007designed to increase the use and affordability of renewable energy and climatetech resources by
1033	1033	1008and for consumers in the commonwealth;
1034	1034	1009 SECTION 69. Subsection (e) of said section 9 of said chapter 23J, as so appearing, is
1035	1035	1010hereby amended by inserting after the words “renewable energy”, each time they appear, the
1036	1036	1011following words:- and climatetech.
1037	1037	1012 SECTION 70. Subsection (f) of said section 9 of said chapter 23J, as so appearing, is
1038	1038	1013hereby amended by striking out, in line 123, the word “projects.” and inserting in place thereof
1039	1039	1014the following words:- projects; provided, that climatetech technologies eligible for assistance
1040	1040	1015shall be consistent with the definition of climatetech provided in Section 1 of this chapter.
1041	1041	1016 SECTION 71. Said subsection (f) of said section 9 of said chapter 23J, as so appearing, is
1042	1042	1017hereby further amended by inserting, in line 134, after the words “renewable energy”, the
1043	1043	1018following words:- and climatetech.
1044	1044	1019 SECTION 72. Clause (2) of subsection (b) of section 9A of said chapter 23J, as so
1045	1045	1020appearing, is hereby amended by striking out, in line 24, the words “clean energy” and inserting
1046	1046	1021in place thereof the following word:- climatetech.
1047	1047	1022 SECTION 73. Said subsection (b) of said section 9A of said chapter 23J, as so
1048	1048	1023appearing, is hereby amended by striking out clause (12), and inserting in place thereof the
1049	1049	1024following 3 clauses:- 50 of 150
1050	1050	1025 (12) promote jobs, economic and workforce development through capital grants to
1051	1051	1026companies and governmental entities for the purpose of supporting and stimulating research, and
1052	1052	1027development, innovation, manufacturing, commercialization and deployment of offshore wind in
1053	1053	1028the commonwealth;
1054	1054	1029 (13) provide for the necessary and reasonable administrative and personnel costs of the
1055	1055	1030center or of the executive office of energy and environmental affairs related to administering the
1056	1056	1031fund; and
1057	1057	1032 (14) otherwise further the public purposes set forth in this section.
1058	1058	1033 SECTION 74. Subsection (e) of said section 9A of said chapter 23J, as so appearing, is
1059	1059	1034hereby amended by inserting, in line 132, after the word “energy” the following words:- ,
1060	1060	1035climatetech,.
1061	1061	1036 SECTION 75. Section 10 of said chapter 23J, as so appearing, is hereby amended by
1062	1062	1037striking out the words “clean energy”, each time they appear, and inserting in place thereof the
1063	1063	1038following word:- climatetech.
1064	1064	1039 SECTION 76. Section 13 of said chapter 23J, as so appearing, is hereby amended by
1065	1065	1040striking out the words “clean energy”, each time they appear, and inserting in place thereof the
1066	1066	1041following word:- climatetech.
1067	1067	1042 SECTION 77. Section 15 of said chapter 23J, as so appearing, is hereby amended by
1068	1068	1043striking out the words “clean energy”, each time they appear, and inserting in place thereof the
1069	1069	1044following word:- climatetech. 51 of 150
1070	1070	1045 SECTION 78. Subsection (b) of section 15 of said chapter 23J, as so appearing, is hereby
1071	1071	1046amended by striking out, in lines 47 to 50, inclusive, the words “and (x) providing for the
1072	1072	1047necessary and reasonable administrative and personnel costs of the center or of the executive
1073	1073	1048office of energy and environmental affairs related to administering the fund”, and inserting in
1074	1074	1049place thereof the following 2 clauses:-
1075	1075	1050 (x) promoting jobs, economic and workforce development through capital grants to
1076	1076	1051companies and governmental entities for the purpose of supporting and stimulating research, and
1077	1077	1052development, innovation, manufacturing, commercialization and deployment of climatetech
1078	1078	1053technologies in the commonwealth; and
1079	1079	1054 (xi) providing for the necessary and reasonable administrative and personnel costs of the
1080	1080	1055center or of the executive office of energy and environmental affairs related to administering the
1081	1081	1056fund.
1082	1082	1057 SECTION 79. Said chapter 23J, as so appearing, is hereby further amended by adding the
1083	1083	1058following section:-
1084	1084	1059 Section 16. (a) There shall be established and placed within the center a Massachusetts
1085	1085	1060climatetech industry tax incentive program that shall be administered by the center. The purpose
1086	1086	1061of the program shall be to develop and expand climatetech industry-related employment
1087	1087	1062opportunities in the commonwealth and to promote climatetech related economic development in
1088	1088	1063the commonwealth by supporting and stimulating research, development, innovation,
1089	1089	1064manufacturing and deployment in the climatetech sector. Certified climatetech companies shall
1090	1090	1065be eligible for participation in the program.  52 of 150
1091	1091	1066 (b) The center may, upon a majority vote of the board, certify a climatetech company as a
1092	1092	1067climatetech company upon: (i) the timely receipt, as determined by the center, of a certification
1093	1093	1068proposal supported by independently verifiable information, signed under the pains and penalties
1094	1094	1069of perjury by a person expressly authorized to contract on behalf of the climatetech company and
1095	1095	1070shall include, but not be limited to, an estimate of the projected new state revenue the climatetech
1096	1096	1071company expects to generate during the period for which the company seeks certification,
1097	1097	1072together with a plan that shall include, but not be limited to: (1) precise goals and objectives, by
1098	1098	1073which the climatetech company proposes to achieve the projected new state revenue; (2) an
1099	1099	1074estimate of the number of permanent full-time employees to be hired or retained; (3) an estimate
1100	1100	1075of the year in which the company expects to hire or retain the employees; (4) an estimate of the
1101	1101	1076projected average salaries of said employees; (5) an estimate of the projected taxable income
1102	1102	1077pursuant to chapter 62 generated by said employees; (6) an estimate of the methods by which the
1103	1103	1078company shall obtain new employees and pursue a diverse workforce; and (7) if applicable, an
1104	1104	1079estimate of the company's planned capital investment in the commonwealth; and (ii) findings
1105	1105	1080made by the center, based on the certification proposal, documents submitted therewith and any
1106	1106	1081additional investigation by the center that shall be incorporated in its approval, that: (1) the
1107	1107	1082climatetech company is likely to contribute substantially to research, development, innovation,
1108	1108	1083manufacturing, commercialization or deployment of climatetech in the commonwealth; (2) the
1109	1109	1084climatetech company has a substantial likelihood of meeting all statutory requirements and any
1110	1110	1085other criteria that the center may prescribe including, but not limited to, criteria in the following
1111	1111	1086areas: (A) leveraging additional funding or attracting additional resources to the commonwealth;
1112	1112	1087(B) increasing research, development, innovation, manufacturing, commercialization or
1113	1113	1088deployment of climate technologies within the commonwealth; and (C) creating employment in 53 of 150
1114	1114	1089the commonwealth; and (3) the climatetech company has a substantial likelihood of meeting its
1115	1115	1090state revenue, employment growth and applicable capital investment projections, as specified in
1116	1116	1091the certification proposal, over the period for which it receives benefits.
1117	1117	1092 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting
1118	1118	1093with the tax year in which certification is granted. Each certified climatetech company shall file
1119	1119	1094an annual report with the center certifying whether it has met the specific targets established in
1120	1120	1095the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards
1121	1121	1096those targets.
1122	1122	1097 (2) The certification of a climatetech company may be revoked by the center after an
1123	1123	1098investigation by the center and a determination that the climatetech company is in material
1124	1124	1099noncompliance with its certification proposal; provided, however, that the center shall review
1125	1125	1100said certified climatetech company at least annually. Revocation shall take effect on the first day
1126	1126	1101of the tax year in which the center determines the certified climatetech company to be in material
1127	1127	1102noncompliance. The commissioner of revenue shall, as of the effective date of the revocation,
1128	1128	1103disallow any credits allowed by the original certification of tax benefits under this section. The
1129	1129	1104commissioner of revenue shall issue regulations to establish a process to recapture the value of
1130	1130	1105any credits allowed by the certification under this section. For the purposes of this paragraph,
1131	1131	1106“material noncompliance” shall mean the failure of a certified climatetech company to
1132	1132	1107substantially achieve the new state revenue, job growth and capital investment projections set
1133	1133	1108forth in its certification proposal or any other act, omission or misrepresentation by the certified
1134	1134	1109climatetech company that frustrates the public purpose of the Massachusetts climatetech industry
1135	1135	1110tax incentive program.  54 of 150
1136	1136	1111 (3) Nothing in this subsection shall limit any legal remedies available to the
1137	1137	1112commonwealth against any certified climatetech company.
1138	1138	1113 (d) The center, in consultation with the department of revenue, may annually authorize
1139	1139	1114incentives, including those established in subsections (ee) and (ff) of section 6 of chapter 62,
1140	1140	1115subsection (j) of section 38M of chapter 63, section 38OO of said chapter 63, section 38PP of
1141	1141	1116said chapter 63, section 38QQ of said chapter 63, the second paragraph of subsection (c) of
1142	1142	1117section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H that shall not
1143	1143	1118exceed $30,000,000 annually. The center, in consultation with the department of revenue, may
1144	1144	1119limit the incentives to a specific dollar amount or time duration or in any other manner deemed
1145	1145	1120appropriate by the department of revenue; provided, however, that the department of revenue
1146	1146	1121shall only allocate the incentives among certified climatetech companies.
1147	1147	1122  The center, in consultation with the department of revenue, shall provide an estimate to
1148	1148	1123the secretary of administration and finance of the tax cost of extending benefits to a proposed
1149	1149	1124project before certification, as approved by the commissioner of revenue, based on reasonable
1150	1150	1125projections of project activities and costs. Tax incentives shall not be available to a certified
1151	1151	1126climatetech company unless expressly granted by the secretary of administration and finance in
1152	1152	1127writing.
1153	1153	1128 SECTION 80. Section 6 of chapter 23N of the General Laws, as so appearing, is hereby
1154	1154	1129amended by striking out subsection (i) and inserting in place thereof the following subsection:-
1155	1155	1130 (i) Applications for operator licenses are public records under section 10 of chapter 66;
1156	1156	1131provided, however, that trade secrets, competitively sensitive information or other proprietary
1157	1157	1132information provided in the course of an application to the commission under this chapter, the 55 of 150
1158	1158	1133disclosure of which would place the applicant or licensee at a competitive disadvantage, may be
1159	1159	1134withheld from disclosure under said section 10 of said chapter 66 at the commission's discretion.
1160	1160	1135 SECTION 81. Section 17 of said chapter 23N of the General Laws, as so appearing, is
1161	1161	1136hereby amended in paragraph (2) by striking the figure “17.5” ad inserting in place thereof the
1162	1162	1137following:- “16.5”.
1163	1163	1138 SECTION 82. Said section 17 of said chapter 23N, as so appearing, is hereby further
1164	1164	1139amended in paragraph (3) by striking the figure “27.5” and inserting in place thereof the
1165	1165	1140following:- “25.5”.
1166	1166	1141 SECTION 83. Said section 17 of said chapter 23N, as so appearing, is hereby further
1167	1167	1142amended in paragraph (4) by striking the figure “1” and inserting in place thereof the following:-
1168	1168	1143“4”.
1169	1169	1144 SECTION 84. Section 18 of said chapter 23N, as most recently amended by section 137
1170	1170	1145of chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (b) and
1171	1171	1146inserting in place thereof the following subsection:-
1172	1172	1147 (b) The fund shall be administered by the secretary of economic development. Money in
1173	1173	1148the fund shall be competitively granted pursuant to existing workforce development programs
1174	1174	1149that develop and strengthen workforce opportunities for low-income communities or vulnerable
1175	1175	1150youth and young adults in the commonwealth, including providing opportunities and strategies to
1176	1176	1151promote stable employment and wage growth, or competitively granted to eligible recipients
1177	1177	1152described in subsection (c). 56 of 150
1178	1178	1153 SECTION 85. Section 18 of said chapter 23N is hereby amended by striking out clause
1179	1179	1154(c), and inserting in place thereof the following clause:-
1180	1180	1155 (c) Eligible grant recipients shall provide opportunities which: (i) target at risk youth,
1181	1181	1156including resources to empower youth to succeed in the workforce; (ii) provide job skills
1182	1182	1157trainings, including programs offering trainings in multiple languages and areas for development,
1183	1183	1158including education and hands on skills; (iii) provide job skills trainings, including education and
1184	1184	1159hands on skills for individuals with intellectual, developmental, or physical disabilities; (iv)
1185	1185	1160promote adult literacy, including strategies to master reading and writing and providing digital
1186	1186	1161formats to increase accessibility; (v) provide English language learning programs to promote
1187	1187	1162access to the workforce; or (vi) facilitate work permits, professional credentialing or other
1188	1188	1163workforce opportunities for non-citizens permanently residing under color of law or otherwise
1189	1189	1164lawfully present in the commonwealth. The secretary of economic development shall establish
1190	1190	1165criteria to evaluate applications for the grant program; provided, that the criteria shall include,
1191	1191	1166but shall not be limited to, at risk populations; provided further, that preference shall be given to
1192	1192	1167eligible grant recipients providing opportunities for individuals who meet at least 2 of the
1193	1193	1168following: (i) is under 30 years of age; (ii) is a victim of violence; (iii) is over 18 years of age
1194	1194	1169and does not have a high school diploma; (iv) has been convicted of a felony; (v) has been
1195	1195	1170unemployed or has had a family income below 250 per cent of the federal poverty level for not
1196	1196	1171less than 6 months; (vi) lives in a census tract where over 20 per cent of the populations fall
1197	1197	1172below the federal poverty line; (vii) is an immigrant, refugee or person of color; or (vii) is an
1198	1198	1173individual with an intellectual, developmental, or physical disability. 57 of 150
1199	1199	1174 SECTION 86. Section 19 of said chapter 23N, as amended by section 13 of chapter 2 of
1200	1200	1175the Acts of 2023, is hereby further amended by striking out, in line 58, the word “and” the
1201	1201	1176second time it appears.
1202	1202	1177 SECTION 87. Said section 19 of said chapter 23N, as so appearing, is hereby further
1203	1203	1178amended in paragraph (3) by inserting at the end thereof the following:-
1204	1204	1179 “; and
1205	1205	1180 (4) For a transfer to the State Athletic Commission Fund established pursuant to section
1206	1206	11812AAAA of chapter 29 for the purpose of rebalancing any lost revenue from licensing fees
1207	1207	1182waived in accordance with section 24 of chapter 23O”.
1208	1208	1183 SECTION 88. The General Laws, as appearing in the 2022 Official Edition, are hereby
1209	1209	1184amended by inserting after chapter 23N the following new chapter:-
1210	1210	1185 Chapter 23O. The Massachusetts State Athletic Commission
1211	1211	1186 Section 1. Definitions.
1212	1212	1187 As used in this chapter, the following words shall have the following meanings unless the
1213	1213	1188context clearly requires otherwise:
1214	1214	1189 “Affiliate”, a person who directly or indirectly controls, or is controlled by, or is under
1215	1215	1190common control with, a specified person.
1216	1216	1191 “Boxing”, the art of attack and defense with gloved fists practiced as a sport limited to
1217	1217	1192legal blows above the waist and on the front or sides of the opponent. 58 of 150
1218	1218	1193 “Business”, a corporation, sole proprietorship, partnership, limited liability company or
1219	1219	1194any other organization formed for the purpose of carrying on a commercial enterprise.
1220	1220	1195 “Chair”, the chair of the commission.
1221	1221	1196 “Combat sports background”, a minimum of 10 years of documented experience in
1222	1222	1197professional unarmed combative sports including, but not limited to: (i) a professional
1223	1223	1198combatant, (ii) a licensed promoter, (iii) a licensed manager, (iv) a licensed referee, (v) a
1224	1224	1199licensed judge or (vi) regulator.
1225	1225	1200 “Commission”, the Massachusetts state athletic commission established in section 2.
1226	1226	1201 “Executive director”, the executive director of the Massachusetts state athletic
1227	1227	1202commission.
1228	1228	1203 “Kickboxing”, a form of competition in which a person delivers blows with any part of
1229	1229	1204the arm below the shoulder, including the hand and any part of the leg below the hip, including
1230	1230	1205the foot.
1231	1231	1206 “Mixed martial arts”, any form of unarmed combat involving the use of a combination of
1232	1232	1207techniques including, but not limited to, grappling, kicking and striking, commonly associated
1233	1233	1208with boxing, kickboxing, wrestling and various disciplines of the martial arts including, but not
1234	1234	1209limited to, karate, kung fu, tae kwon-do, Jiu-Jitsu or any combination thereof.
1235	1235	1210 “Person”, an individual, corporation, association, operation, firm, partnership, trust or
1236	1236	1211other form of business association. 59 of 150
1237	1237	1212 “Toughman”, a boxing or unarmed combative sporting match or exhibition in which
1238	1238	1213combatants do not qualify for licensure by the commission as a professional combatant or for
1239	1239	1214amateur status by a commission-approved amateur organization.
1240	1240	1215 “Unarmed combative sport”, any form of competition in which a blow is usually struck
1241	1241	1216which may reasonably be expected to inflict injury and no weapon is used; provided, however,
1242	1242	1217that “unarmed combative sport” shall not include professional wrestling.
1243	1243	1218 “Youth sport”, any organized physical activity or athletic or sporting event in which the
1244	1244	1219team or contestants are predominantly under the age of 18; provided, however, that “youth
1245	1245	1220sports” shall not include, for the purposes of this chapter, any athletic or sporting event subject to
1246	1246	1221the rules and regulations promulgated by the Massachusetts Interscholastic Athletic Association,
1247	1247	1222Middle Level Athletic Committee of the Massachusetts School Administrators Association,
1248	1248	1223National Collegiate Athletic Association or other governing body as determined by the
1249	1249	1224commission.
1250	1250	1225 “Youth sports background”, expertise in general athletics and youth sports; provided,
1251	1251	1226however, that relevant experience may include, but not be limited to: (i) a prior role as athletic
1252	1252	1227director in an educational setting or as program director of a youth sports program, or (ii)
1253	1253	1228significant academic study in physical education or youth development.
1254	1254	1229 As described in the specific provisions of the act, whether referring to a professional or
1255	1255	1230amateur contest or match, the terms “contest” and “match” are synonymous, may be used
1256	1256	1231interchangeably, include boxing, kickboxing and martial arts exhibitions, and mean a fight,
1257	1257	1232prizefight, boxing contest, pugilistic contest, kickboxing contest, martial arts contest or sparring
1258	1258	1233match, between two or more persons, where full contact is used or intended that may result or is 60 of 150
1259	1259	1234intended to result in physical harm to the opponent. An amateur contest or match includes a
1260	1260	1235contest or match where full contact is used, even if unintentionally, but does not include light
1261	1261	1236contact karate, tae kwon do, judo or any other light contact martial arts as approved by the
1262	1262	1237commission and recognized by the International Olympic Committee as an Olympic sport.
1263	1263	1238 Section 2. Massachusetts state athletic commission; duty, qualification, term and
1264	1264	1239compensation of commissioners; divisions; executive leadership.
1265	1265	1240 (a) There shall be a Massachusetts state athletic commission which shall consist of 5
1266	1266	1241commissioners to be appointed by the governor, at least 1 of whom shall have a combat sports
1267	1267	1242background in the sport of boxing, at least 1 of whom shall have a combat sports background in
1268	1268	1243the sport of mixed martial arts, muay thai or kickboxing and at least 2 of whom shall have a
1269	1269	1244youth sports background. The governor shall designate the chair of the commission.
1270	1270	1245 (b) (1) Each commissioner shall serve for a term of 3 years or until a successor is
1271	1271	1246appointed and shall be eligible for reappointment. A person appointed to fill a vacancy in the
1272	1272	1247office of a commissioner shall be appointed in a like manner and shall serve for only the
1273	1273	1248unexpired term of such commissioner. The governor may remove a commissioner if the
1274	1274	1249commissioner: (i) is guilty of malfeasance, misfeasance or unethical conduct in office; (ii)
1275	1275	1250substantially neglects the duties of a commissioner; (iii) is unable to discharge the powers and
1276	1276	1251duties of the commissioner’s office; or (iv) commits gross misconduct; provided, however, that
1277	1277	1252such removal shall only occur following an investigation by the governor, which may be initiated
1278	1278	1253by any complaint or unfavorable report the governor or the division receives regarding claims of
1279	1279	1254improper behavior by any commission member. 61 of 150
1280	1280	1255 (2) The commission membership of a person appointed to the commission shall be
1281	1281	1256considered vacant, and the governor shall appoint a successor in like manner in accordance with
1282	1282	1257subsection (a) should a commission member be absent, without justification, for more than 50
1283	1283	1258percent of the commission’s meetings during a single calendar year. The commission shall, by
1284	1284	1259rule, define what constitutes excused and unexcused absences.
1285	1285	1260 (c) Three commissioners shall constitute a quorum and the affirmative vote of 3
1286	1286	1261commissioners shall be required for an action of the commission; provided, however, that the
1287	1287	1262affirmative vote of at least 1 commissioner with a youth sports background shall be required for
1288	1288	1263any action of the commission with regard to the youth sports division. The chair or 3 members of
1289	1289	1264the commission may call a meeting; provided, however, that notice of all meetings shall be given
1290	1290	1265to each commissioner and to other persons who request such notice. The commission shall adopt
1291	1291	1266regulations establishing procedures, which may include electronic communications, by which a
1292	1292	1267request to receive notice shall be made and the method by which timely notice may be given.
1293	1293	1268 (d) Except as provided in subsection (e), commissioners shall not be compensated for
1294	1294	1269their services to said commission.
1295	1295	1270 (e) Commissioners shall receive compensation for traveling expenses necessarily
1296	1296	1271incurred in the performance of their duties and shall be allowed such sums for clerical assistance
1297	1297	1272as the commission may approve; provided, however, that the commission may designate 1 or
1298	1298	1273more employees to represent the commission at any match or exhibited held under this chapter;
1299	1299	1274provided further, that no deputy shall be assigned to regulate any event, match, exhibition or
1300	1300	1275sparring under the authority or jurisdiction of the commission who, within the preceding 12
1301	1301	1276months, has not received a commission-approved formal training, at which the laws and rules of 62 of 150
1302	1302	1277the commission and related issues have been discussed; provided further, that the commission
1303	1303	1278may approve that such employee receives compensation for travel and incidental expenses
1304	1304	1279necessarily incurred in the discharge of their duties; and provided further, that the commission
1305	1305	1280shall establish a comprehensive employee accountability and internal control system that closely
1306	1306	1281aligns with the human resources division’s rules and policies established pursuant to section 28
1307	1307	1282of chapter 7 for employees and managers not subject to collective bargaining under chapter 150E
1308	1308	1283which takes into account rates set by the United States General Services Administration for
1309	1309	1284similar services when determining the maximum reimbursable rate for such travel and incidental
1310	1310	1285expenses.
1311	1311	1286 (f) The commission shall annually elect 1 of its members to serve as secretary and 1 of its
1312	1312	1287members to serve as treasurer. The secretary shall keep a record of the proceedings of the
1313	1313	1288commission and shall be the custodian and keeper of the records of all books, documents and
1314	1314	1289papers filed by the commission and of its minute book. The secretary shall cause copies to be
1315	1315	1290made of all minutes and other records and documents of the commission and shall certify that
1316	1316	1291such copies are true copies, and all persons dealing with the commission may rely upon such
1317	1317	1292certification. No funds shall be transferred by the commission without the approval of the
1318	1318	1293commission and the signature of the treasurer.
1319	1319	1294 (g) The chair shall have and exercise supervision and control over all the affairs of the
1320	1320	1295commission. The chair shall preside at all hearings at which the chair is present and shall
1321	1321	1296designate a commissioner to act as chair in the chair’s absence. To promote efficiency in
1322	1322	1297administration, the chair shall, from time to time, make such division or re-division of the work
1323	1323	1298of the commission among the commissioners as the chair deems expedient. 63 of 150
1324	1324	1299 (h) All of the commissioners shall, if so directed by the chair, participate in the hearing
1325	1325	1300and decision of any matter before the commission; provided, however, that at least 2
1326	1326	1301commissioners shall participate in the hearing and decision of matters other than those of formal
1327	1327	1302or administrative character coming before the commission; provided further, that at least 1
1328	1328	1303commissioner with a youth sports background shall participate in any such matters concerning
1329	1329	1304youth sports; and provided further, that any such matter may be heard, examined and
1330	1330	1305investigated by an employee of the commission designed and assigned by the chair, with the
1331	1331	1306concurrence of 1 other commissioner. Such employee shall make a report in writing relative to
1332	1332	1307the hearing, examination and investigation of every such matter to the commission for its
1333	1333	1308decision. For the purposes of hearing, examining and investigating any such matter, such
1334	1334	1309employee shall have all of the powers conferred upon a commissioner by this section. For each
1335	1335	1310hearing, the concurrence of a majority of the commissions participating in the decision shall be
1336	1336	1311necessary.
1337	1337	1312 (i) The commission shall appoint an executive director. The executive director shall serve
1338	1338	1313at the pleasure of the commission, shall receive such salary as may be determined by the
1339	1339	1314commission, and shall devote full time and attention to the duties of the office. The executive
1340	1340	1315director shall be a person with skill and experience in management and shall be the executive and
1341	1341	1316administrative head of the commission. The executive director shall be responsible for
1342	1342	1317administering and enforcing the provisions of law relative to the commission and to each
1343	1343	1318administrative unit thereof and shall serve as the commission’s liaison to the governor and
1344	1344	1319general court.
1345	1345	1320 (j) The executive director may, from time to time and subject to the approval of the
1346	1346	1321commission, establish within the commission such administrative units as may be necessary for 64 of 150
1347	1347	1322the efficient and economical administration of the commission and, when necessary for such
1348	1348	1323purpose, may abolish any such administrative unit or may merge any 2 or more units; provided,
1349	1349	1324however, that the commission shall at all times retain a division of combat sports responsible for
1350	1350	1325discharging the duties of sections 4 to 22, inclusive, and a division of youth sports responsible
1351	1351	1326for discharging the duties of section 23. The executive director shall prepare and keep current a
1352	1352	1327plan of organization of the commission, of the assignment of its functions to its various
1353	1353	1328administrative units, office and employees and of the place at which and the methods by which
1354	1354	1329the public may receive information or make requests. A current copy of the plan of organization
1355	1355	1330shall be kept on file with the state secretary and in the office of the secretary of administration
1356	1356	1331and finance.
1357	1357	1332 (k) The executive director shall appoint and employ the following positions; provided,
1358	1358	1333however, that at the discretion of the commission a singular person may concurrently fulfill one
1359	1359	1334or more of the following roles:
1360	1360	1335 (i) General counsel, who shall provide legal advice, ensure adherence to all applicable
1361	1361	1336general and special laws and represent the commission in legal proceedings;
1362	1362	1337 (ii) A compliance officer, who shall monitor adherence to any applicable state regulations
1363	1363	1338at all events licensed by the commission, collaborate with promoters and ensure that events align
1364	1364	1339with licensing agreements entered into under this chapter; provided, however, that the
1365	1365	1340compliance officer shall have a combat sports background or experience in regulatory roles
1366	1366	1341within athletics; 65 of 150
1367	1367	1342 (iii) A chief of communications and economic development, who shall prioritize national
1368	1368	1343promotion, venue support, strategic partnerships, public relations, economic impact analysis,
1369	1369	1344community development or any duties as may be assigned by the executive director;
1370	1370	1345 (iv) A chief of the combat sports division, who shall have a combat sports background in
1371	1371	1346the commonwealth; and
1372	1372	1347 (v) A chief of the youth sports division, who shall have a youth sports background in the
1373	1373	1348commonwealth.
1374	1374	1349 (l) The executive director may, subject to the approval of the commission, employ
1375	1375	1350additional employees, consultants, agents and advisors and shall attend meetings of the
1376	1376	1351commission. In the case of an absence of vacancy in the office of the executive director or in the
1377	1377	1352case of disability as determined by the commission, the commission may designate an active
1378	1378	1353executive director to serve as executive director until the vacancy is filled or the absence or
1379	1379	1354disability ceases. The acting executive director shall have all of the powers and duties of the
1380	1380	1355executive director and shall have similar qualification as the executive director.
1381	1381	1356 (m) The executive director may appoint such persons as the executive director shall
1382	1382	1357consider necessary to perform the functions of the commission; provided, however, that chapter
1383	1383	135831 and section 9A of chapter 30 shall not apply to commission employees. If an employee
1384	1384	1359serving in a position which is classified under said chapter 31 or in which an employee has
1385	1385	1360tenure by reason of said section 9A of said chapter 30 shall be appointed to a position within the
1386	1386	1361commission which is not subject to said chapter 31, the employee shall, upon termination of
1387	1387	1362service in such position, be restored to the position which the employee held immediately prior
1388	1388	1363to such appointment; provided however, that the employee’s service in such position shall be 66 of 150
1389	1389	1364determined by the civil service commission in accordance with the standards applied by that
1390	1390	1365commission in administering said section 9A of said chapter 30 and without loss of seniority,
1391	1391	1366retirement or other rights to which uninterrupted service in such prior position would have
1392	1392	1367entitled such employee. During the period of such appointment, each person so appointed from a
1393	1393	1368position in the classified civil service shall be eligible to take any competitive promotional
1394	1394	1369examination for which such person would otherwise have been eligible. Employees of the
1395	1395	1370commission, including employees working in the bureau, shall be classified as group 1 pursuant
1396	1396	1371to paragraph (g) of subdivision (2) of section 3 of chapter 32.
1397	1397	1372 (n) (1) The commission shall require a prospective employee to: (i) submit an application
1398	1398	1373and a personal disclosure on a form prescribed by the commission which shall include a
1399	1399	1374complete criminal history, including convictions and current charges for all felonies and
1400	1400	1375misdemeanors; (ii) undergo testing which detects the presence of illegal substances in the body;
1401	1401	1376(iii) provide fingerprints and a photograph consistent with standards adopted by the state police;
1402	1402	1377and (iv) provide authorization for the commission to conduct a background check. The
1403	1403	1378commission shall verify the identification, employment and education of each prospective
1404	1404	1379employee, including: (i) legal name, including any alias; (ii) all secondary and post-secondary
1405	1405	1380educational institutions attended regardless of graduation status; and (iii) employment history.
1406	1406	1381 (2) The commission shall not hire a prospective employee if the prospective employee
1407	1407	1382has: (i) been convicted of any felony or misdemeanor involving a minor; (ii) had prior
1408	1408	1383involvement with any violation of the provisions of chapters 23K or 23N; (iii) been dismissed
1409	1409	1384from prior employment for gross misconduct or incompetence; or (iv) intentionally made a false
1410	1410	1385statement concerning a material fact in connection with the prospective employee’s application
1411	1411	1386to the commission. If an employee is charged with a felony or misdemeanor while employed by 67 of 150
1412	1412	1387the commission, the commission shall suspend the employee, with or without pay, and may
1413	1413	1388terminate employment with the commission upon conviction if, in the discretion of the
1414	1414	1389commission, the offense for which the employee has been convicted bears a close relationship to
1415	1415	1390the duties and responsibilities of the position held with the commission.
1416	1416	1391 (o) Chapters 268A and 268B shall apply to the commissioners and to employees of the
1417	1417	1392commission; provided, however, that the commission shall establish a code of ethics for all
1418	1418	1393members and employees that shall be at least as restrictive as said chapters 268A and 268B. A
1419	1419	1394copy of the code shall be filed with the state ethics commission. The code shall include
1420	1420	1395provisions reasonably necessary to carry out the purposes of this chapter and any other laws
1421	1421	1396subject to the jurisdiction of the commission including, but not limited to: (i) prohibiting the
1422	1422	1397receipt of gifts by commissioners and employees from any combat sports or youth sports
1423	1423	1398licensee, affiliate or other person or entity subject to the jurisdiction of the commission; (ii)
1424	1424	1399prohibiting the participation by commissioners and employees in a particular matter as defined in
1425	1425	1400section 1 of said chapter 268A that affects the financial interest of a relative within the third
1426	1426	1401degree of consanguinity or a person with whom such commissioner or employee has a significant
1427	1427	1402relationship as defined in the code; and (iii) providing for recusal of a commissioner in any
1428	1428	1403decision of the commission due to a potential or perceived conflict of interest; provided,
1429	1429	1404however, that a commissioner’s or employee’s involvement with a youth sports team or
1430	1430	1405organization shall not be cause for a conflict of interest if said commissioner or employee is
1431	1431	1406involved solely as the parent of an athlete, a volunteer coach, or a volunteer trainer; and provided
1432	1432	1407further, that any such relationship shall be disclosed to the state ethics commission.
1433	1433	1408 (p) No employee of the commission shall pursue any other business or occupation or
1434	1434	1409other gainful employment outside of the commission without the prior written approval of the 68 of 150
1435	1435	1410commission that such employment will not interfere or be in conflict with the employee’s duties
1436	1436	1411to the commission.
1437	1437	1412 (q) No commissioner shall hold a direct or indirect interest in, or be employed by, a
1438	1438	1413person licensed by the commission for a period of 3 years after the termination of employment
1439	1439	1414with the commission.
1440	1440	1415 (r) No employee of the commission shall acquire an interest in, or accept employment
1441	1441	1416with, a person licensed by the commission for a period of 1 year after the termination of
1442	1442	1417employment with the commission.
1443	1443	1418 (s) The commissioners and those employees holding major policymaking positions shall
1444	1444	1419be sworn to the faithful performance of their official duties. The commissioners and those
1445	1445	1420employees holding major policymaking positions shall: (i) conduct themselves in a manner so as
1446	1446	1421to render decisions that are fair and impartial and in the public interest; (ii) avoid impropriety and
1447	1447	1422the appearance of impropriety in all matters under their jurisdiction; (iii) avoid all prohibited
1448	1448	1423communications; (iv) require staff and personnel subject to their direction and control to observe
1449	1449	1424the same standards of fidelity and diligence; (v) disqualify themselves from proceedings in
1450	1450	1425which their impartiality might reasonably be questioned; and (vi) refrain from financial or
1451	1451	1426business dealings which would tend to reflect adversely on impartiality.
1452	1452	1427 (t) Neither the commission nor any of its officers, agents, employees, consultants or
1453	1453	1428advisors shall be subject to sections 9A, 45, 46 and 52 of chapter 30, chapter 31 or to chapter 200
1454	1454	1429of the acts of 1976.
1455	1455	1430 (u) The Massachusetts state athletic commission shall be a commission for the purposes
1456	1456	1431of section 3 of chapter 12. 69 of 150
1457	1457	1432 Section 3. Powers of the commission.
1458	1458	1433 The commission shall have all powers necessary or convenient to carry out and effectuate
1459	1459	1434its purposes including, but not limited to, the power to:
1460	1460	1435 (1) appoint officers and hire employees;
1461	1461	1436 (2) establish, and from time to time amend, a plan of organization that it considers
1462	1462	1437expedient;
1463	1463	1438 (3) execute all instruments necessary or convenient for accomplishing the purposes of
1464	1464	1439this chapter;
1465	1465	1440 (4) enter into agreements or other transactions with a person, including, but not limited
1466	1466	1441to, a public entity or other governmental instrumentality or authority in connection with its
1467	1467	1442powers and duties under this chapter;
1468	1468	1443 (5) appear on its own behalf before boards, commissions, departments or other agencies
1469	1469	1444of municipal, state or federal government;
1470	1470	1445 (6) apply for and accept subventions, grants, loans, advances and contributions of money,
1471	1471	1446property, labor or other things of value from any source, to be held, used and applied for its
1472	1472	1447purposes;
1473	1473	1448 (7) provide and pay for advisory services and technical assistance that may be necessary
1474	1474	1449in its judgment to carry out this chapter and fix the compensation of persons providing such
1475	1475	1450services or assistance; 70 of 150
1476	1476	1451 (8) prepare, publish and distribute, with or without charge as the commission may
1477	1477	1452determine, such studies, reports, bulletins and other materials as the commission considers
1478	1478	1453appropriate;
1479	1479	1454 (9) require an applicant for a position which requires a license under this chapter to apply
1480	1480	1455for such license and approve or disapprove any such application or other transactions, events and
1481	1481	1456processes as provided in this chapter;
1482	1482	1457 (10) deny an application or limit, condition, restrict, revoke or suspend a license,
1483	1483	1458registration, finding of suitability or approval, or fine a person licensed, registered, found
1484	1484	1459suitable or approved for any cause that the commission deems reasonable;
1485	1485	1460 (11) gather facts and information applicable to the commission’s obligation to issue,
1486	1486	1461suspend or revoke licenses, work permits or registrations for: (i) a violation of this chapter or any
1487	1487	1462regulation adopted by the commission; (ii) willfully violating an order of the commission
1488	1488	1463directed to a licensee; (iii) the conviction of a criminal offense; or (iv) the violation of any other
1489	1489	1464offense which would disqualify such a licensee from holding a license, work permit or
1490	1490	1465registration;
1491	1491	1466 (12) conduct investigations into the qualifications of all applicants for employment by the
1492	1492	1467commission and by any regulated entity and all applications for licensure;
1493	1493	1468 (13) request and receive from the state police, the criminal history systems board or other
1494	1494	1469criminal justice agencies including, but not limited to, the Federal Bureau of Investigation and
1495	1495	1470the Internal Revenue Service, such criminal offender record information relating to criminal and
1496	1496	1471background investigations as necessary for the purpose of evaluating employees of, and 71 of 150
1497	1497	1472applicants for employment by, the commission and any regulated entity, and evaluating licensees
1498	1498	1473and applicants for licensure under this chapter;
1499	1499	1474 (14) levy and collect assessments, fees and fines and impose penalties and sanctions for a
1500	1500	1475violation of this chapter or any regulations promulgating by the commission;
1501	1501	1476 (15) collect taxes and fees under this chapter;
1502	1502	1477 (16) restrict, suspend or revoke licenses issued under this chapter;
1503	1503	1478 (17) conduct adjudicatory proceedings and promulgate regulations in accordance with
1504	1504	1479chapter 30A;
1505	1505	1480 (18) refer cases for criminal prosecution to the appropriate federal, state or local
1506	1506	1481resources;
1507	1507	1482 (19) issue subpoenas and compel the attendance of witnesses at any place within the
1508	1508	1483commonwealth, administer oaths and require testimony under oath before the commission in the
1509	1509	1484course of an investigation or hearing conducted under this chapter;
1510	1510	1485 (20) maintain an official internet website for the commission;
1511	1511	1486 (21) adopt, amend or repeal regulations for the implementation, administration and
1512	1512	1487enforcement of this chapter; and
1513	1513	1488 (22) act as trustees for the Boxers’ Fund established in section 2AAAA½ of chapter 29
1514	1514	1489and the State Athletic Commission Fund established in section 2AAAA of said chapter 29.
1515	1515	1490 Section 4. Necessity of license to hold boxing, kickboxing, mixed martial arts or other
1516	1516	1491unarmed combative sporting event or sparring match or exhibition. 72 of 150
1517	1517	1492 (a) No boxing, kickboxing, mixed martial arts or other unarmed combative sporting event
1518	1518	1493or sparring match or exhibition for a prize or purse, or at which an admission fee is charged,
1519	1519	1494either directly or indirectly, in the form of dues or otherwise, whether professional or amateur,
1520	1520	1495shall take place or be conducted except in accordance with a license granted as hereinafter
1521	1521	1496provided by the commission. Applications for a license shall be accompanied by the fee, as
1522	1522	1497established annually the commissioner of administration and finance pursuant to section 3B of
1523	1523	1498chapter 7, which may take into consideration the population of the city or town or the seating
1524	1524	1499capacity of the building or place in which the match or exhibition is to be held; provided,
1525	1525	1500however, that a license, the fee for which is established on the basis of seating capacity of a
1526	1526	1501building or place as aforesaid, shall be exercised only in such building or place. Toughman or
1527	1527	1502similar type matches or exhibitions shall be prohibited. In the case of exhibitions or bouts held in
1528	1528	1503accordance with the rules and regulations of amateur organizations as may be approved by the
1529	1529	1504commission, the commission may issue special licenses without the requirement of a bond as
1530	1530	1505provided in section 6 or payment of the annual fee.
1531	1531	1506 (b) Any persons holding, conducting, promoting or participating in a match or exhibition
1532	1532	1507held without a license, as provided in section 5, or a toughman or similar type match or
1533	1533	1508exhibition, shall be punished by imprisonment in the house of corrections for not more than 3
1534	1534	1509months or by a fine of not more than $10,000, or both such fine and imprisonment.
1535	1535	1510 (c) The commission has the sole direction, management, control of and jurisdiction over
1536	1536	1511all amateur combat sporting events, matches and exhibitions conducted, held or given within the
1537	1537	1512commonwealth, including jurisdiction over all forms and combinations of forms of full contact
1538	1538	1513mixed martial arts, boxing and all other unarmed combative sport contests, including all events
1539	1539	1514involving participants 18 years of age or younger. In the case of a youth sport under this section, 73 of 150
1540	1540	1515the commission may, at its discretion, issue a special license without the requirement of a bond
1541	1541	1516as provided in section 6 or payment of the annual fee.
1542	1542	1517 (d) A license may be granted to an applicant under this chapter, notwithstanding the
1543	1543	1518social security number requirements of section 13A of chapter 30A; provided, however, that the
1544	1544	1519applicant provides a form of identification sufficient to identify the applicant.
1545	1545	1520 Section 5. Issuance and term of license; revocation of license; issuance of license for
1546	1546	1521toughman competition prohibited.
1547	1547	1522 In accordance with this chapter, the commission may issue licenses to conduct boxing,
1548	1548	1523kickboxing, mixed martial arts or other unarmed combative sporting events, sparring matches
1549	1549	1524and exhibitions. The license shall be valid only for the date approved by the commission. The
1550	1550	1525commission may revoke the license at any time in the interest of public safety. No license shall
1551	1551	1526be issued for a toughman competition or similar event.
1552	1552	1527 Section 6. Bond
1553	1553	1528 Except as otherwise provided in subsections (a) and (c) of section 4, no license as
1554	1554	1529aforesaid shall be granted unless the licensee has executed and filed with the commission a bond
1555	1555	1530in a penal sum of $50,000, with such surety or sureties as shall be satisfactory to the commission,
1556	1556	1531running to the commission, conditioned upon the payment to the commonwealth of the sums
1557	1557	1532mentioned in section 15, and upon faithful compliance by the licensee with the provisions of this
1558	1558	1533chapter, the rules and regulations of the commission and with such other laws of the
1559	1559	1534commonwealth and may be applicable to anything done by the licensee in pursuance of the
1560	1560	1535license. The commission may enforce the terms of the bond for the use and benefit of any person
1561	1561	1536who may suffer loss by reason of the failure by the licensee to carry out terms of the bout 74 of 150
1562	1562	1537agreement or due to acts of the licensee determined to be detrimental to combat sports. The bond
1563	1563	1538shall also provide for a forfeiture to the commonwealth, recoverable at the suit of the attorney
1564	1564	1539general, of each sum, not exceeding $10,000, as may be stipulated in the bond for each case of
1565	1565	1540non-compliance.
1566	1566	1541 Section 7. Licenses for physician, promoter, referee, judge, timekeeper, professional
1567	1567	1542boxer, kickboxer, mixed martial arts contestant or other unarmed combative sport contestant, or a
1568	1568	1543manager, trainer or second of such a contestant; fees.
1569	1569	1544 No person shall act, directly or indirectly, as a physician, promoter, referee, judge,
1570	1570	1545timekeeper, professional boxer, kickboxer, mixed martial arts contestant or other unarmed
1571	1571	1546combative sport contestant, or as a manager, trainer or second of such a contestant, at a match or
1572	1572	1547exhibition or as a matchmaker therefore, unless licensed by the commission upon receipt of the
1573	1573	1548classified fee to be determined annually by the commissioner of administration and finance
1574	1574	1549under section 3B of chapter 7. The commission shall set minimum requirements for licensure
1575	1575	1550based upon skill or other fundamental prerequisites deemed necessary to adequately and safely
1576	1576	1551execute the functions of the respective position. The commission may refuse to license any
1577	1577	1552individual who does not meet those requirements or whose safety and well-being it determines
1578	1578	1553will be put at substantial risk by engaging in their respective position. Whoever acts in such
1579	1579	1554capacity, without being so license shall be punished by a fine of not more than $10,000. Any
1580	1580	1555official who desires to officiate without charge at amateur boxing or sparring matching or
1581	1581	1556exhibitions shall be licensed without charge. In accordance with section 12, the commission may
1582	1582	1557license an individual who is under 18 years of age without charge. 75 of 150
1583	1583	1558 Section 8. Amateur boxing, mixed martial arts or other unarmed combative sporting
1584	1584	1559events, sparring matches and exhibitions; acknowledgment of rules and regulations of amateur
1585	1585	1560governing body; licensing of amateur referees, judges and officials; limitation on number and
1586	1586	1561timing of competitions; gloves.
1587	1587	1562 (a) This section shall apply to all amateur boxing, wrestling and full contact martial arts
1588	1588	1563contests.
1589	1589	1564 (b) Notwithstanding section 9, the commission shall, in the conduct of all amateur
1590	1590	1565boxing, mixed martial arts or other unarmed combative sporting events, sparring matches and
1591	1591	1566exhibitions sanctioned by the national governing body and its local affiliate which are appointed
1592	1592	1567and recognized by the United States Olympic Committee for such purposes, acknowledge and
1593	1593	1568follow the rules and regulations of the amateur governing bodies.
1594	1594	1569 (c) No amateur match which is subject to section 4 shall be held unless it is licensed by
1595	1595	1570the commission and sanctioned and supervised by an amateur sanctioning organization approved
1596	1596	1571by the commission.
1597	1597	1572 (d) The commission shall recognize and license, upon receipt of the classified fee to be
1598	1598	1573determined annually by the commissioner of administration and finance of section 3B of chapter
1599	1599	15747, the amateur referees, judges and other amateur officials assigned to the amateur matches or
1600	1600	1575exhibitions by the amateur governing bodies and certified under their rules and regulations.
1601	1601	1576 (e) The commission shall cooperate fully with the amateur boxing governing bodies to
1602	1602	1577assure that amateur boxers are eligible to participate and compete for selection to the United
1603	1603	1578States Olympic boxing team. 76 of 150
1604	1604	1579 (f) No contestant in amateur boxing shall compete in more than 2 tournaments in any 7-
1605	1605	1580day period, nor shall the contestant participate in more than 3 contests in a period of 13 hours.
1606	1606	1581All amateur boxing or sparring matches or exhibitions shall terminate not later than 12:30 a.m.
1607	1607	1582on the day following the start of the match.
1608	1608	1583 (g) During a contest, contestants in amateur boxing or kickboxing matches or exhibitions
1609	1609	1584shall wear gloves weighing at least 8 ounces each unless otherwise authorized by the amateur
1610	1610	1585boxing governing body. During a contest, contestants in amateur mixed martial arts and other
1611	1611	1586unarmed combative sport matches or exhibitions shall wear gloves weighing at least 4 ounces
1612	1612	1587each unless otherwise authorized by the amateur governing body.
1613	1613	1588 (h) The commission may authorize one or more nonprofit boxing, mixed martial arts or
1614	1614	1589other unarmed combative sports clubs, athletic associations, organizations or sanctioning bodies,
1615	1615	1590upon approval of its bylaws, to administer contests, events, sparring matches and exhibitions,
1616	1616	1591and may, therefore, waive direct commission application of laws and rules, including licensure,
1617	1617	1592subject to the commission’s affirmative finding that the standards and enforcement of similar
1618	1618	1593rules by a club or organization meet or exceed the safety and fairness standards of the
1619	1619	1594commission. The commission shall review the performance of any such club, organization, or
1620	1620	1595sanctioning body annually, and the commission, at its discretion, may rescind previously
1621	1621	1596approved authorization of a nonprofit boxing, wrestling or martial arts club, organization or
1622	1622	1597sanctioning body to administer its rules for boxing, mixed martial arts or other unarmed
1623	1623	1598combative sports contests, events, sparring matches and exhibitions. The commission has the
1624	1624	1599right to have present without charge or restriction such representatives as are necessary to obtain
1625	1625	1600compliance with this section and may require any additional notices and reports it deems
1626	1626	1601necessary to enforce the provisions of this section. 77 of 150
1627	1627	1602 Section 9. Necessity of referee and judges; power and duties; vote; decision; forfeitures;
1628	1628	1603fees of officials; payment
1629	1629	1604 (a) At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting
1630	1630	1605event, sparring match or exhibition there shall be in attendance a referee, duly licensed under this
1631	1631	1606section and sections 7 and 8. There shall also be in attendance at least 3 duly-licensed judges,
1632	1632	1607each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose
1633	1633	1608favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither
1634	1634	1609contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the
1635	1635	1610contestant receiving a majority of the votes or, if neither receives a majority as aforementioned, a
1636	1636	1611decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge
1637	1637	1612shall be announced from the ring. The referee shall have full power to stop the match or
1638	1638	1613exhibition whenever they deem it advisable because of the physical condition of a contestant or
1639	1639	1614when 1 contestant is clearly outclassed by their opponent or for other sufficient reason. The fees
1640	1640	1615of the referee and other licensed officials shall be fixed by the commission and shall be paid by
1641	1641	1616the licensed organization prior to the match or exhibition.
1642	1642	1617 (b) The commission shall set forth rules and regulations for contracts between a manager
1643	1643	1618and an unarmed combatant and contracts between a promoter and an unarmed combatant. An
1644	1644	1619unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed
1645	1645	1620with the commission prior to a scheduled contest in an amount of time set forth by the
1646	1646	1621commission. The commission shall only honor a contract that is executed and notarized on a
1647	1647	1622form provided by the commission, unless the terms of the contract comply with the requirements
1648	1648	1623set forth by the commission; provided, that the commission shall have the authority to, at its
1649	1649	1624discretion, invalidate, enforce, mediate or modify all such contracts. 78 of 150
1650	1650	1625 (c) The commission shall be the sole arbiter of a breach of contract and may establish
1651	1651	1626rules governing breach of contract dispute resolution. If during a contest, a contestant is believed
1652	1652	1627to not be competing in good faith, a member of the commission or their designee shall withhold
1653	1653	1628any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing
1654	1654	1629following the contest declare forfeited any prize, remuneration or purse or any part thereof,
1655	1655	1630belonging to a contestant if, in the judgment of a majority of the commissioners, after
1656	1656	1631consultation with the judges and the referee, the contestant was not competing in good faith.
1657	1657	1632 (d) Whoever violates any provision of this chapter or who conducts themselves at any
1658	1658	1633time or place in a manner which is deemed by the commission to reflect discredit to any unarmed
1659	1659	1634combative sports, may have their license revoked and fined, suspended or otherwise disciplined
1660	1660	1635in such manner as the commission may direct.
1661	1661	1636 Section 10. Necessity of physician; duties; qualifications; fees; certificate of contestant’s
1662	1662	1637fitness
1663	1663	1638 At any boxing, kickboxing, mixed martial arts or other unarmed combative sporting
1664	1664	1639event, sparring match or exhibition there shall be in attendance at least 1 duly licensed physician,
1665	1665	1640whose duty it shall be to observe the physical condition of the contestants and advise the referee
1666	1666	1641or judges with regard thereto. A competent physician who has at least 3 years of experience as a
1667	1667	1642medical practitioners may be licensed. No contestant shall be allowed to enter the ring unless a
1668	1668	1643physician licensed under this section and section 7 certifies in writing that the contestant is
1669	1669	1644physically fit to engage in the proposed contest. The physician’s fee, as fixed by the commission,
1670	1670	1645shall be paid by the licensee conducting the match or exhibition. 79 of 150
1671	1671	1646 Section 11. Number and time of rounds; frequency of tournaments or contests; gloves;
1672	1672	1647protective devices
1673	1673	1648 No boxing, kickboxing or other unarmed combative sporting match or exhibition shall
1674	1674	1649exceed 10 rounds; provided, however, if a match is to determine a championship, it may exceed
1675	1675	1650the round limits with the prior approval of the commission. No mixed martial arts match or
1676	1676	1651exhibition shall exceed 3 rounds; provided, however, if a match is to determine a championship,
1677	1677	1652it may exceed the round limits with the prior approval of the commission. No round in a boxing,
1678	1678	1653kickboxing or other unarmed combative sporting match or exhibition shall exceed 3 minutes. No
1679	1679	1654round in a mixed martial arts match or exhibition shall exceed 5 minutes. No contestant in a
1680	1680	1655professional match or exhibition shall participate in more than 10 rounds unless otherwise
1681	1681	1656authorized by the commission, as the case may be, during a 72-hour period. During a contest,
1682	1682	1657contestants in professional boxing and kickboxing matches or exhibitions shall wear gloves
1683	1683	1658weighing at least 8 ounces each unless otherwise authorized by the commission. During a
1684	1684	1659contest, contestants in mixed martial arts and other unarmed combative sporting events, matches
1685	1685	1660or exhibitions shall wear gloves weighing at least 4 ounces each unless otherwise authorized by
1686	1686	1661the commission. Every contestant participating in boxing, kickboxing, mixed martial arts or
1687	1687	1662other unarmed combative sporting event or exhibition shall be required to wear standard
1688	1688	1663protective devices as outlined by regulation by the commission.
1689	1689	1664 Section 12. Ages of contestants and persons admitted to matches
1690	1690	1665 (a) Except as hereinafter provided, no contestant under 18 years of age or over 34 years
1691	1691	1666of age shall be permitted to engage in a boxing, kickboxing, mixed martial arts or other unarmed
1692	1692	1667combative sport event, sparring match or exhibition, except that the age requirement shall not 80 of 150
1693	1693	1668apply to a world boxing champion who is still actively engaged as a professional boxer, or to a
1694	1694	1669former boxing champion of the world who has not been inactive as a professional boxer for more
1695	1695	1670than 2 years from the date of their last boxing contest; provided, however, that an amateur boxer
1696	1696	1671shall be allowed to compete as such at the age of 16. At the discretion of the commission, a
1697	1697	1672professional boxer, kickboxer, mixed martial arts contestant or other unarmed combat sports
1698	1698	1673contest over the age of 34 may be permitted to engage in a match if the contestant has passed a
1699	1699	1674physical examination or is otherwise medically cleared to participate by a physician selected by
1700	1700	1675the commission. At the discretion of the commission, an amateur boxer who is 16 or 17 years of
1701	1701	1676age may be licensed as a professional boxer. With the approval of the commission pursuant to
1702	1702	1677sections 4, 6 and 8, any person, irrespective of age, may participate as a contestant in an amateur
1703	1703	1678contest, match or exhibition.
1704	1704	1679 (b) No person under the age of 16 shall be admitted to, or be present at, a professional
1705	1705	1680match or exhibition unless accompanied by an adult.
1706	1706	1681 Section 13. Boxer, kickboxer, mixed martial arts contestant or other unarmed combative
1707	1707	1682sport contestant previously knocked out six or more times
1708	1708	1683 No professional boxer, kickboxer, mixed martial arts contestant or other unarmed
1709	1709	1684combative sport contestant licensed under section 7 who has been knocked out, technically or
1710	1710	1685otherwise, or lost a contest by way of submission, 6 or more times in the preceding 12 months
1711	1711	1686shall take part in a match or exhibition until they have been examined and found fit to take part
1712	1712	1687in a match or exhibition, by a physician selected by the commission, at a place and time
1713	1713	1688designated by the commission. The cost of conducting the examination shall be borne by the
1714	1714	1689contestant. If a contestant is found unfit to engage in a match or exhibition, they shall be 81 of 150
1715	1715	1690excluded from participation for 3 months, after which time they may make a request to the
1716	1716	1691commission for another physical examination. A license issued to an individual under section 7
1717	1717	1692shall be immediately suspended for at least 30 days if the individual is knocked out.
1718	1718	1693 Section 14. Insurance on contestants
1719	1719	1694 A person licensed under section 5 to conduct boxing, kickboxing, mixed martial arts or
1720	1720	1695other unarmed combative sport events, sparring matches or exhibitions, except those persons to
1721	1721	1696whom a special license may be granted thereunder without the requirement of a bond or payment
1722	1722	1697of the annual fee, shall take out a policy of accident insurance on each contestant participating in
1723	1723	1698the match or exhibition in an amount determined by the commission, but no less than $10,000, to
1724	1724	1699compensate said contestant for medical and hospital expenses incurred as the result of injuries
1725	1725	1700received in such match or exhibition and a policy in an amount to be determined by the
1726	1726	1701commission, but no less than $100,000, to be paid to the estate of the deceased contestant in the
1727	1727	1702event of death to the contestant resulting from participation in the match or exhibition. The
1728	1728	1703premiums on the policies shall be paid by the licensee.
1729	1729	1704 Section 15. Percentage of receipts paid to commonwealth; reports to commission; filing
1730	1730	1705of contracts entered into for sale, lease or exploitation of broadcasting rights; enforcement
1731	1731	1706 (a) Every licensee holding or conducting a boxing, kickboxing, mixed martial arts or
1732	1732	1707other unarmed combative sporting event, sparring match or other unarmed combative sporting
1733	1733	1708event, sparring match or exhibition shall, before the commencement of the final feature bout of
1734	1734	1709the event, pay to the commission a sum equal to 5 per cent of the total gross receipts from the
1735	1735	1710sale of tickets or from admission fees. The licensee shall pay to the commission an additional
1736	1736	1711sum equal to 2 per cent of the total gross receipts generated by the sale, lease or other 82 of 150
1737	1737	1712exploitation of the television, pay-per-view, motion picture or other broadcasting rights,
1738	1738	1713regardless of whether the event is broadcast live or in the future, such sum to be paid by the
1739	1739	1714licensee whether or not the licensee ever receives a portion of that amount; provided, however,
1740	1740	1715that if the match or exhibition is conducted as an incidental feature in an event or entertainment
1741	1741	1716of a different character, the portion of the total receipts and the total amount shall be paid to the
1742	1742	1717commonwealth, as the commission may determine or as may be fixed by rule adopted by the
1743	1743	1718commission. If the payment is for a fixed amount, payment shall be made 24 hours prior to the
1744	1744	1719event but in no event shall payment be made later than 48 hours after the live event. Pay-per-
1745	1745	1720view showings of an event more than 48 hours after the live event shall be exempt from the
1746	1746	1721requirements of this section. The broadcasting fee imposed under this section shall be not more
1747	1747	1722than $75,000 per event. Within 72 hours after its conclusion, the licensee shall furnish to the
1748	1748	1723commonwealth a report, showing the exact number of tickets sold and admission fees collected
1749	1749	1724for the contest, the gross receipts thereof and such other data as the commission may require.
1750	1750	1725 (b) A licensee holding or conducting a boxing, kickboxing, mixed martial arts or other
1751	1751	1726unarmed combative sporting event, sparring match or exhibition shall, at least 48 hours before a
1752	1752	1727licensed contest or exhibition, file with the commission a copy of all contracts entered into for
1753	1753	1728the sale, lease, or other exploitation of broadcasting rights for the contest or exhibition. All
1754	1754	1729contracts filed with the commission under this section shall be exempt from disclosure in section
1755	1755	173010 of chapter 66. The commission shall enforce this section.
1756	1756	1731 Section 16. Boxers’ Fund
1757	1757	1732 Every licensee holding or conducting any boxing, kickboxing, mixed martial arts or other
1758	1758	1733unarmed combative sporting event or sparring match or exhibition shall, before the 83 of 150
1759	1759	1734commencement of the feature bout of the event, pay to the state treasurer, in addition to the
1760	1760	1735payment required under section 15, a sum equal to 1 per cent of the total gross receipts from the
1761	1761	1736sale or tickets or from admission fees; provided, however, that if the match or exhibition is
1762	1762	1737conducted as an incidental feature in an event or entertainment of a different character, the
1763	1763	1738portion of the total receipts shall be paid to the commonwealth as the commission may
1764	1764	1739determine. Such sums shall be credited by the state treasurer to the Boxers’ Fund established
1765	1765	1740pursuant to section 2AAAA½ of chapter 29.
1766	1766	1741 Section 17. Number of persons admitted; limitation
1767	1767	1742 No licensee under section 5 shall sell or cause to be sold or issued more tickets or
1768	1768	1743invitations purporting to admit to any such match or exhibition, or otherwise admit to the same,
1769	1769	1744more persons than are admissible according to the authorized capacity of the building, or part
1770	1770	1745thereof actually used therefor.
1771	1771	1746 Section 18. Revocation or suspension of license; administrative penalty
1772	1772	1747 (a) Any license may be revoked or suspended by the commission for a violation of any
1773	1773	1748provision of this chapter or of any other law of the commonwealth or of any rule or regulation
1774	1774	1749adopted by the commission or whenever the licensee has, in the judgment of the commission,
1775	1775	1750been guilty of any act or offense detrimental to the public interest.
1776	1776	1751 (b) The commission may suspend a license of a combatant issued under section 7 without
1777	1777	1752a hearing upon a finding that it would be unsafe for the individual to compete until either the
1778	1778	1753passing of a fixed period of time or upon medical clearance. The commission may assess an
1779	1779	1754administrative penalty not to exceed $2,000 for each violation of this chapter or the
1780	1780	1755commission’s rules and regulations committed by an individual required to be licensed herein. 84 of 150
1781	1781	1756 Section 19. Financial interest of licensee in boxer; prepayment of contestant
1782	1782	1757 No licensee under section 5 shall have, directly or indirectly, any financial interest in a
1783	1783	1758boxer, kickboxer, mixed martial arts contestant or other unarmed combative sport contestant
1784	1784	1759competing on premises owned or leased by the licensee, or in which the licensee is otherwise
1785	1785	1760interested. No contestant in a match or exhibition shall be paid for services before the same are
1786	1786	1761rendered.
1787	1787	1762 Section 20. Enjoining unlicensed or illegal matches
1788	1788	1763 The superior court shall have jurisdiction in equity upon any information filed by the
1789	1789	1764commission, the attorney general, the district attorney for the district where a match or exhibition
1790	1790	1765is held or is announced to be held, the police authorities of the city or town where a match or
1791	1791	1766exhibition is held or is announced to be held, or by any five legal voters of the commonwealth
1792	1792	1767stating that a certain building, tenement or place is used for matches or exhibitions, whether
1793	1793	1768professional or amateur, by an individual, group, partnership, club, corporation or association not
1794	1794	1769licensed under section 5 or contrary to any provision of this sections 4 to 22, inclusive, or that a
1795	1795	1770match or exhibition is being advertised or announced, or has been advertised or announced, to
1796	1796	1771take place in a certain building or place, or that a certain individual, club, corporation or
1797	1797	1772association is selling, exchanging or giving away tickets, tokens or symbols purporting to entitle
1798	1798	1773the holder to the right or privilege of attending a certain match or exhibition not licensed by the
1799	1799	1774commission and contrary to the provisions of this chapter to enjoin and abate the same as a
1800	1800	1775common nuisance.
1801	1801	1776 Section 21. Prohibition of licensed event by municipality; notice of exercise of municipal
1802	1802	1777option 85 of 150
1803	1803	1778 The commission shall notify a municipality in writing of the issuance of a license for an
1804	1804	1779event scheduled to take place therein within 24 hours of said issuance. At its option, a
1805	1805	1780municipality may prohibit an event licensed by the commission under section 5. The prohibition
1806	1806	1781shall be by a majority vote of the city council with approval of the mayor in a city or by a
1807	1807	1782majority vote of the select board in a town. The municipal option shall be exercised within 7
1808	1808	1783days of issuance of a license by the commission. The municipality shall notify the commission
1809	1809	1784within 24 hours of any such action. Upon receipt of such notice, the commission shall
1810	1810	1785immediately notify the promoter of the determination of the municipality and the license shall be
1811	1811	1786revoked.
1812	1812	1787 Section 22. Statutes not applicable to matches or exhibitions
1813	1813	1788 Sections 9 to 12, inclusive, of chapter 265 shall not apply to any boxing, kickboxing,
1814	1814	1789mixed martial arts or other unarmed combative sporting event or sparring match or exhibition
1815	1815	1790licensed under section 5 and conducted under and in accordance with this chapter and any
1816	1816	1791accompanying rules and regulations promulgated by the commission.
1817	1817	1792 Section 23. Regulation of youth sports; public education campaign; recommendations
1818	1818	1793 (a) The commission shall promulgate rules and regulations related to participation in and
1819	1819	1794the administration of youth sports in the commonwealth; provided, however, that such
1820	1820	1795regulations shall consist of the recommendations of the Special Working Group on Youth Sports.
1821	1821	1796Regulations may include, but not be limited to: (i) maximum participation hours per youth sport
1822	1822	1797in a defined period of time; (ii) licensing of businesses and coaches, including licensing fees and
1823	1823	1798the conditions under which any such licensing fee may be waived to promote access to
1824	1824	1799participation; (iii) criminal offender record information, provided that the commission may 86 of 150
1825	1825	1800prohibit an individual from obtaining any applicable license on the basis of a felony conviction
1826	1826	1801in order to prioritize player safety, at the discretion of the commission; and (iv) standards for
1827	1827	1802player safety, including concussion protocols and athletic trainer requirements.
1828	1828	1803 (b) Except as provided for by any general or special law to the contrary, the commission
1829	1829	1804shall enforce such rules and regulations; provided, however, that penalties for noncompliance
1830	1830	1805under this section may include, but not be limited to: (i) suspension or revocation of any
1831	1831	1806applicable license issued by the commission; (ii) enjoinment and abatement of a particular youth
1832	1832	1807sports event occurring in violation of this section; or (iii) fines as determined by the commission.
1833	1833	1808 (c) The commission shall conduct a public education campaign regarding youth sports.
1834	1834	1809The commission shall exercise its discretion with regard to distribution means and methods;
1835	1835	1810provided, however, that said campaign shall be directed primarily toward parents, coaches, youth
1836	1836	1811athletes and other members of the public. Said campaign shall include, but not be limited to, the
1837	1837	1812physical and mental health, personal financial and economic development impacts of youth
1838	1838	1813sports. The commission shall consult with subject matter experts in the preparation of said
1839	1839	1814campaign, including on the matters of single sport specialization, appropriate training and
1840	1840	1815overtraining conscious of athlete age and the relationship between youth sports participation and
1841	1841	1816higher education or career outcomes.
1842	1842	1817 (d) The commission shall annually, not later than November 1, file a written report with
1843	1843	1818the respective clerks of the senate and house of representatives, the joint committee on economic
1844	1844	1819development and emerging technologies and the joint committee on health care financing
1845	1845	1820describing therein the activities undertaken by the commission regarding youth sports for the
1846	1846	1821prior year, including any recommendations or requests for legislation arising therefrom in 87 of 150
1847	1847	1822furtherance of the purpose of the commission and the current rates of any licensing fees fixed by
1848	1848	1823the commission in accordance with subsection (a) of this section, if any. The commission may, at
1849	1849	1824any time, request or recommend such legislative remedies, provided that any such previously
1850	1850	1825extended request or recommendation shall also be summarized in said report.
1851	1851	1826 SECTION 89. Subsection (c) of section 11F of chapter 25A of the General Laws, as so
1852	1852	1827appearing, is hereby amended by inserting at the end of the penultimate sentence the following:-
1853	1853	1828 “; or (10) anaerobic digestion biomass to energy facilities and landfill gas to energy
1854	1854	1829facilities that are located in the commonwealth and are both operational and qualified as Class 1
1855	1855	1830renewable energy sources prior to November 7, 2021, which shall be eligible to participate in an
1856	1856	1831incentive program via a 1-time procurement for Class 1 renewable energy certificates which are
1857	1857	1832generated by existing anaerobic digestion facilities. The department shall determine eligibility
1858	1858	1833criteria for existing anaerobic digestion facilities to participate in such 1-time procurement, with
1859	1859	1834the total megawatt-hours being procured equal to the combined capacity of all facilities for up to
1860	1860	1835a 10-year term beginning January 1, 2024. Such megawatt-hour quantities shall be bid on a
1861	1861	1836contingent basis. Said 1-time procurement shall include a floor price sufficient to stimulate the
1862	1862	1837development of anaerobic digestion facilities.”
1863	1863	1838 SECTION 90. Chapter 29 of the General Laws, as so appearing, is hereby amended by
1864	1864	1839striking section 2AAAA and inserting in place thereof the following:-
1865	1865	1840 “Section 2AAAA. State Athletic Commission Fund
1866	1866	1841 (a) There shall be established and set up on the books of the commonwealth a separate
1867	1867	1842fund to be known as the State Athletic Commission Fund, in this section referred to as the fund.
1868	1868	1843The Massachusetts state athletic commission, established pursuant to section 2 of chapter 23O, 88 of 150
1869	1869	1844shall be the trustee of the fund and shall expend monies to finance operational activities of said
1870	1870	1845commission. The fund shall be credited any appropriations, bond proceeds or other monies
1871	1871	1846authorized by the general court and specifically designated to be credited thereto, any monies
1872	1872	1847from licensing fees or other fees and fines collected under sections 4 to 7, inclusive, 15 and 18 of
1873	1873	1848chapter 23O and section 12 of chapter 265 and any monies credited from the Youth
1874	1874	1849Development and Achievement Fund pursuant to section 19 of chapter 23N. All available
1875	1875	1850monies in the fund that are unexpended at the end of each fiscal year shall not revert to the
1876	1876	1851General Fund and shall be available for expenditure in the subsequent fiscal year. Said
1877	1877	1852commission shall record all expenditures made by a subsidiary on the Massachusetts
1878	1878	1853management and account reporting system according to regulations established by the state
1879	1879	1854comptroller. For the purposes of accommodating discrepancies between the receipt of retained
1880	1880	1855revenues and related expenditures, said commission may incur expense and the comptroller may
1881	1881	1856certify for payment amounts not to exceed the lower of $500,000 or the most recent revenue
1882	1882	1857estimate as reported in the state accounting system.
1883	1883	1858 (b) The Massachusetts state athletic commission shall, for the purposes of compliance
1884	1884	1859with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be
1885	1885	1860subject to the provisions applicable to agencies under the control of the governor including, but
1886	1886	1861not limited to, chapters 7, 7A, 10 and 29; provided, however, that the comptroller may identify
1887	1887	1862any additional instructions or actions necessary for the commission to manage fiscal operations
1888	1888	1863in the state accounting system and meet statewide and other governmental accounting and audit
1889	1889	1864standards. Unless otherwise exempted by law or the applicable central service agency, said
1890	1890	1865commission shall participate in any other available commonwealth central services including, but
1891	1891	1866not limited to, the state payroll system under section 31 of said chapter 29 and may purchase 89 of 150
1892	1892	1867other goods and services provided by state agencies in accordance with comptroller provisions.
1893	1893	1868The comptroller may chargeback said commission for the transition and ongoing costs for
1894	1894	1869participation in the state accounting and payroll systems and may retain and expend such costs
1895	1895	1870without further appropriation for the purposes of this section. Said commission shall be subject
1896	1896	1871to section 5D of chapter 29 and subsection (f) of section 6B of chapter 29.
1897	1897	1872 (c) The commission shall annually submit a finance plan to the secretary of
1898	1898	1873administration and finance, the chairs of the house and senate committees on ways and means
1899	1899	1874and the chairs of the joint committee on economic development and emerging technologies. Said
1900	1900	1875finance plan shall include, but not be limited to, activities related to the State Athletic
1901	1901	1876Commission Fund and the Boxers’ Fund established pursuant to section 2AAAA½.”
1902	1902	1877 SECTION 91. Chapter 29 of the General Laws, as so appearing, is hereby further
1903	1903	1878amended by inserting after section 2AAAA the following new section:-
1904	1904	1879 “Section 2AAAA½. Boxers’ Fund
1905	1905	1880 There shall be established and set up on the books of the commonwealth a separate fund
1906	1906	1881to be known as the Boxers’ Fund. The Massachusetts state athletic commission, established
1907	1907	1882pursuant to section 2 of chapter 23O, shall be the trustee of the fund and shall expend for the use
1908	1908	1883and benefit of a contestant or former contestant in an event governed by chapter 23O and any
1909	1909	1884accompanying regulations promulgated by said commission under the purview of said
1910	1910	1885commission for funeral expenses or assistance needed as a result of an injury suffered while
1911	1911	1886participating in such an event. The fund shall be credited any appropriations, bond proceeds or
1912	1912	1887other monies authorized by the general court and specifically designated to be credited thereto
1913	1913	1888and any monies collected under section 15 of chapter 23O. All available monies in the fund that 90 of 150
1914	1914	1889are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be
1915	1915	1890available for expenditure in the subsequent fiscal year.”
1916	1916	1891 SECTION 92. Subsection (b) of section 29K of chapter 29 of the General Laws, as so
1917	1917	1892appearing, is hereby amended by adding, in line 26, the following sentence:-
1918	1918	1893 Notwithstanding the requirements of any other chapter of the General Laws, the board of
1919	1919	1894directors of a state authority may meet independently of management or in executive session to
1920	1920	1895discuss matters pertaining to the audit or compensation committees.
1921	1921	1896 SECTION 93. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby
1922	1922	1897amended by adding the following subsection:-
1923	1923	1898 (g) Notwithstanding section 39M of chapter 30, or any general or special law to the
1924	1924	1899contrary, a governmental body may procure (i) broadband internet service, (ii) the design,
1925	1925	1900installation, maintenance and operation of fiber optic cables and other equipment to provide
1926	1926	1901broadband internet service to a public building or buildings, and (iii) the design, installation,
1927	1927	1902maintenance and operation of a wireless communication network for a public building or public
1928	1928	1903land, or any combination of the foregoing, in a single procurement conducted in accordance with
1929	1929	1904section 5 of this chapter. All such fiber optic cables, wireless network equipment and other
1930	1930	1905physical improvements designed, installed, maintained and operated pursuant to such
1931	1931	1906procurement shall be considered supplies.
1932	1932	1907 SECTION 94. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby
1933	1933	1908amended by striking out, in lines 4 to 6, inclusive, the words “ and pursuant to regulations issued
1934	1934	1909by the economic assistance coordinating council established under section 3B of chapter 23A,”. 91 of 150
1935	1935	1910 SECTION 95. Said section 59 of said chapter 40, as so appearing, is hereby further
1936	1936	1911amended by striking out subsection (i) and inserting in place thereof the following subsection:-
1937	1937	1912(i) includes a description of the parcels to be included in the agreement;.
1938	1938	1913 SECTION 96. Said section 59 of said chapter 40, as so appearing, is hereby further
1939	1939	1914amended by striking out, in line 30, the words “within such TIF area”.
1940	1940	1915 SECTION 97. Said section 59 of said chapter 40, as so appearing, is hereby further
1941	1941	1916amended by striking out, in lines 32 to 33, the words “as required by said regulations”.
1942	1942	1917 SECTION 98. Said section 59 of said chapter 40, as so appearing, is hereby further
1943	1943	1918amended by striking out subsection (vii).
1944	1944	1919 SECTION 99. Said section 59 of said chapter 40, as so appearing, is hereby further
1945	1945	1920amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following
1946	1946	1921figure:- (vii).
1947	1947	1922 SECTION 100. Said section 59 of said chapter 40, as so appearing, is hereby further
1948	1948	1923amended by striking out, in lines 91 to 92, the words “and the economic assistance coordinating
1949	1949	1924council”.
1950	1950	1925 SECTION 101. Section 6 of Chapter 40A of the General Laws, as so appearing, is hereby
1951	1951	1926amended by striking out, in lines 26 to 32, inclusive, the second paragraph and inserting in place
1952	1952	1927thereof the following paragraph:-
1953	1953	1928 A zoning ordinance or by-law shall provide that construction or operations under a
1954	1954	1929building permit shall conform to any subsequent amendment of the ordinance or by-law unless
1955	1955	1930the use or construction is commenced within a period of not more than 12 months after the 92 of 150
1956	1956	1931issuance of the permit and, in cases involving construction, unless such construction is continued
1957	1957	1932through to completion as continuously and expeditiously as is reasonable. Construction or
1958	1958	1933operations under a special permit issued pursuant to section 9 of this chapter, or site plan
1959	1959	1934approval pursuant to the local ordinance or by-law, shall conform to any subsequent amendment
1960	1960	1935of the zoning ordinance or by-law or of any other local land use regulations unless the use or
1961	1961	1936construction is commenced within a period of not less than 3 years after the issuance of the
1962	1962	1937special permit or site plan approval; and, in cases involving construction, unless such
1963	1963	1938construction is continued through to completion as continuously and expeditiously as is
1964	1964	1939reasonable. For the purpose of the prior sentence, construction involving the redevelopment of
1965	1965	1940previously disturbed land shall be deemed to have commenced upon substantial investment in
1966	1966	1941site preparation or infrastructure construction, and construction of developments intended to
1967	1967	1942proceed in phases shall proceed expeditiously, but not continuously, among phases.
1968	1968	1943 SECTION 102. Section 9 of chapter 40A of the General Laws, as so appearing, is hereby
1969	1969	1944amended by striking out, in lines 175 to 182, inclusive, the fifteenth paragraph and inserting in
1970	1970	1945place thereof the following paragraph:–
1971	1971	1946 Zoning ordinances or by-laws shall provide that a special permit granted under this
1972	1972	1947section shall lapse within a specified period of time, not less than 3 years from the date of filing
1973	1973	1948of such approval with the city or town clerk, which shall not include such time required to pursue
1974	1974	1949or await the determination of an appeal referred to in section seventeen, from the grant thereof, if
1975	1975	1950a substantial use thereof has not sooner commenced except for good cause, or in the cause of a
1976	1976	1951permit for construction, if construction has not begun by such date except for good cause. 93 of 150
1977	1977	1952 SECTION 103. Subsection (a) of section 4G of chapter 40J of the General Laws, as so
1978	1978	1953appearing, is hereby amended by inserting after the word “granted;”, in line 21, the following
1979	1979	1954words:-
1980	1980	1955 provided, however, that the University of Massachusetts may leverage funding sourced
1981	1981	1956from an agency to meet the match requirement;.
1982	1982	1957 SECTION 104. Subsection (c) of said section 4G of said chapter 40J, as so appearing, is
1983	1983	1958hereby amended by inserting after the word “blockchain,”, in line 61, the following words:-
1984	1984	1959“non-therapeutic biomanufacturing,”.
1985	1985	1960 SECTION 105. Subsection (c) of section 6B of said chapter 40J, as most recently
1986	1986	1961amended by section 179 of chapter 7 of the Acts of 2023, is hereby further amended by striking
1987	1987	1962out the last sentence.
1988	1988	1963 SECTION 106. Section 2 of chapter 43D of the General Laws, as appearing in the 2022
1989	1989	1964Official Edition, is hereby amended by striking out the definitions for the terms “Interagency
1990	1990	1965permitting board” and “Priority development site” and inserting the following 2 definitions:-
1991	1991	1966 “Permit regulatory office”, the office within the executive office of economic
1992	1992	1967development pursuant to section 3H of chapter 23A.
1993	1993	1968 “Priority development site”, a privately or publicly owned property that is: (1) eligible
1994	1994	1969under applicable zoning provisions, including special permits or other discretionary permits, for
1995	1995	1970the development or redevelopment of a building at least 50,000 square feet of gross floor area in
1996	1996	1971new or existing buildings or structures; and (2) designated as a priority development site by the 94 of 150
1997	1997	1972permit regulatory office. Several parcels or projects may be included within a single priority
1998	1998	1973development site.
1999	1999	1974 SECTION 107. Section 3 of said chapter 43D, as so appearing, is hereby amended by
2000	2000	1975striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
2001	2001	1976 (a) A governing body seeking designation of a priority development site shall file a
2002	2002	1977formal proposal with the permit regulatory office. If the proposal includes an intention to
2003	2003	1978develop housing within the priority development site, the governing body shall provide a copy of
2004	2004	1979the proposal to the secretary of housing and livable communities. The proposal shall include: (i)
2005	2005	1980a detailed description of the property; (ii) good faith commitment to comply with this chapter;
2006	2006	1981(iii) a description of the uses that could be developed within the priority development site; and
2007	2007	1982(iv) such other information as the secretary shall require by regulation or program guidelines,
2008	2008	1983after consultation with the secretary of energy and environmental affairs, the secretary of housing
2009	2009	1984and livable communities, and the secretary of transportation.
2010	2010	1985 (b) The secretary shall by regulation or program guidelines establish the criteria for
2011	2011	1986designating priority development sites. These criteria shall include a preference for areas that
2012	2012	1987include one or more of the following: (i) underutilized buildings or facilities, (ii) adequate
2013	2013	1988utilities for the types of development anticipated to occur, (iii) convenient access to a public
2014	2014	1989transit station, or (iv) areas in which electric grid capacity can satisfy new all electric building.
2015	2015	1990Priority development sites shall not include areas containing highly sensitive natural resources or
2016	2016	1991areas in which development would be at significant risk from rising sea levels or other flood risk
2017	2017	1992caused or exacerbated by climate change. 95 of 150
2018	2018	1993 SECTION 108. Section 11 of said chapter 43D, as so appearing, is hereby amended by
2019	2019	1994striking out, in lines 2 to 3, the words “unless the permit expressly allows the transfer without the
2020	2020	1995approval of the issuing authority” and inserting in place thereof the following words:- except as
2021	2021	1996provided in a local ordinance or bylaw, or in an applicable state law or regulation.
2022	2022	1997 SECTION 109. Said chapter 43D, as so appearing, is hereby further amended by striking
2023	2023	1998out section 12 and inserting in place thereof the following section:-
2024	2024	1999 A municipality that has a priority development site shall be eligible for priority
2025	2025	2000consideration for: (i) any grant program administered by the executive office of economic
2026	2026	2001development; (ii) other state resources for business development such as quasi-public financing
2027	2027	2002and training programs; (iii) brownfields remediation assistance administered by the
2028	2028	2003Massachusetts Development Finance Agency; and (iv) technical assistance provided by the
2029	2029	2004regional planning council; provided, that the state financial assistance or technical assistance is
2030	2030	2005intended to facilitate development within the priority development site; and provided further, that
2031	2031	2006priority consideration for such grants and other financial assistance shall apply only to a
2032	2032	2007municipality that is in compliance with the multifamily zoning requirements of section 3A of
2033	2033	2008chapter 40A, if applicable.
2034	2034	2009 SECTION 110. Section 13 of said chapter 43D is hereby repealed.
2035	2035	2010 SECTION 111. Section 6 of chapter 62 of the General Laws, as appearing in the 2022
2036	2036	2011Official Edition, is hereby amended by striking out, in line 149, the words ““EDIP contract” and
2037	2037	2012“proposed project”” and inserting in place thereof the following words:- “EDIP contract”,
2038	2038	2013“proportion of compliance”, “proposed project” and “refundable credit”. 96 of 150
2039	2039	2014 SECTION 112. Said section 6 of said chapter 62 of the General Laws, as so appearing, is
2040	2040	2015hereby further amended by striking out, in lines 154 to 157, inclusive, the words “, up to an
2041	2041	2016amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per
2042	2042	2017cent limitation shall not apply where the credit is refundable under paragraph (6)”.
2043	2043	2018 SECTION 113. Said section 6 of said chapter 62, as so appearing, is hereby further
2044	2044	2019amended by striking out, in lines 159 to 163, inclusive, the words “; provided further, that a
2045	2045	2020credit awarded in connection with a certified project that will retain permanent full-time
2046	2046	2021employees in a gateway municipality without creating a net increase in permanent full-time
2047	2047	2022employees shall not exceed $5,000 per retained employee”.
2048	2048	2023 SECTION 114. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as
2049	2049	2024most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further
2050	2050	2025amended by striking out the last sentence and inserting in place thereof the following 2
2051	2051	2026sentences:- The EACC shall provide the commissioner with the documentation that the
2052	2052	2027commissioner deems necessary to confirm compliance with the annual cap and the commissioner
2053	2053	2028shall provide a report confirming compliance to the secretary of administration and finance and
2054	2054	2029the secretary of economic development. Notwithstanding section 21 of chapter 62C, the
2055	2055	2030department of revenue shall provide the EACC with documentation confirming tax credits
2056	2056	2031claimed under this subsection by the owner or lessee of a certified project.
2057	2057	2032 SECTION 115. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62,
2058	2058	2033as so appearing, is hereby further amended by striking out the last sentence and inserting in place
2059	2059	2034thereof the following sentence:- The amount of credits subject to recapture shall be equal to the
2060	2060	2035taxpayer’s proportion of compliance, as determined by the EACC as part of its revocation 97 of 150
2061	2061	2036process and reported to the taxpayer and the department of revenue at the time that certification
2062	2062	2037is revoked.
2063	2063	2038 SECTION 116. Subsection (r) of said section 6 of said chapter 62 of the General Laws, as
2064	2064	2039appearing in the 2022 Official Edition, is hereby amended by striking out, in line 949, the figure
2065	2065	2040“$30,000,000” and inserting in place thereof the following figure:- $50,000,000.
2066	2066	2041 SECTION 117. Said section 6 of said chapter 62, as so appearing, is hereby further
2067	2067	2042amended by striking out subsection (t).
2068	2068	2043 SECTION 118. Subsection (bb) of said section 6 of said chapter 62, as so appearing, is
2069	2069	2044hereby amended by striking out, in line 1422, the figure “50” and inserting in place thereof the
2070	2070	2045following figure:- 10.
2071	2071	2046 SECTION 119. Subsection (cc) of said section 6 of said chapter 62, as so appearing, is
2072	2072	2047hereby amended by striking out, in line 1468, the word “its” and inserting in place thereof the
2073	2073	2048following words:- the owner’s.
2074	2074	2049 SECTION 120. Said subsection (cc) of said section 6 of said chapter 62, as so appearing,
2075	2075	2050is hereby further amended by striking out, in line 1488, the words “owner’s capital investment”
2076	2076	2051and inserting in place thereof the following words:- total leasable square footage.
2077	2077	2052 SECTION 121. Said subsection (cc) of said section 6 of said chapter 62, as so appearing,
2078	2078	2053is hereby further amended by striking out, in lines 1489 to 1490, the words “employ, in the
2079	2079	2054aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in
2080	2080	2055place thereof the following words:- employ not less than 50. 98 of 150
2081	2081	2056 SECTION 122. Said section 6 of said chapter 62 of the General Laws, as so appearing, is
2082	2082	2057hereby further amended by adding the following 4 subsections:-
2083	2083	2058 (dd)(1) As used in this subsection, the following words shall, unless the context clearly
2084	2084	2059requires otherwise, have the following meanings:
2085	2085	2060 “Advertising and public relations expenditure”, a cost incurred within the commonwealth
2086	2086	2061by an eligible theater production for goods or services related to the marketing, public relations,
2087	2087	2062creation and placement of print, electronic, television, billboards or other forms of advertising to
2088	2088	2063promote the eligible theater production.
2089	2089	2064 “Eligible theater production”, a live stage musical, dance or theatrical production or tour
2090	2090	2065being presented in a qualified production facility that is either: (i) a pre-Broadway production;
2091	2091	2066 (ii) a pre-off Broadway production; (iii) a national tour launch; or (iv) a regional
2092	2092	2067professional theater production.
2093	2093	2068 “Eligible theater production certificate”, a certificate issued by the office, in consultation
2094	2094	2069with the commissioner, certifying that a production is an eligible theater production that meets
2095	2095	2070the rules or regulations of the office, and that it has been awarded a tax credit in a specified
2096	2096	2071amount, pursuant to section 3M of chapter 23A.
2097	2097	2072 “National tour launch”, a live stage production that, in its original or adaptive version, is
2098	2098	2073performed in a qualified production facility and opens its national tour in the commonwealth.
2099	2099	2074 “Office”, the Massachusetts office of business development established in section 1
2100	2100	2075of chapter 23A, or any constituent office thereof.  99 of 150
2101	2101	2076 “Payroll”, all salaries, wages, fees and other compensation from sources within the
2102	2102	2077commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred
2103	2103	2078or paid to talent and non-talent employees of the applicant for services rendered within the
2104	2104	2079commonwealth to and on behalf of an eligible theater production; provided, that the payroll
2105	2105	2080expenditure shall be incurred or paid by the applicant for services related to any portion of an
2106	2106	2081eligible theater production from its pre-production stages, including, but not limited to: (i) the
2107	2107	2082writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from
2108	2108	2083vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x)
2109	2109	2084performances; (xi) other eligible theater production related activities; and (xii) load out; and
2110	2110	2085provided further, that the payroll expenditure shall be directly attributable to the eligible theater
2111	2111	2086production and shall be limited to the first $100,000 of wages incurred or paid to each
2112	2112	2087employee of an eligible theater production in each tax year.
2113	2113	2088 “Pre-Broadway production”, a live stage production that, in its original or adaptive
2114	2114	2089version, is performed in a qualified production facility having a presentation scheduled for the
2115	2115	2090city of New York’s Broadway theater district within 24 months after its presentation in the
2116	2116	2091commonwealth.
2117	2117	2092 “Pre-off Broadway production”, a live stage production that, in its original or adaptive
2118	2118	2093version, is performed in a qualified production facility having a presentation scheduled for city
2119	2119	2094of New York’s off-Broadway theater district within 24 months after its presentation in the
2120	2120	2095commonwealth.
2121	2121	2096 “Production and performance expenditures”, a contemporaneous exchange of cash or
2122	2122	2097cash equivalent for goods or services related to development, production, performance or  100 of 150
2123	2123	2098operating expenditures incurred in the commonwealth for a qualified theater production,
2124	2124	2099including, but not limited to, expenditures for design, construction and operation, including sets,
2125	2125	2100special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with
2126	2126	2101sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals,
2127	2127	2102per diems, accommodations and other related costs.
2128	2128	2103 “Qualified production facility”, a facility located in the commonwealth in which live
2129	2129	2104theater productions are, or are intended to be, exclusively presented that contains at least 1 stage,
2130	2130	2105a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary
2131	2131	2106amenities necessary for the eligible theater production.
2132	2132	2107 “Transportation expenditures”, expenses incurred in Massachusetts for the packaging,
2133	2133	2108crating and transportation both to the commonwealth for use in a qualified theater production of
2134	2134	2109sets, costumes or other tangible property constructed or manufactured out of state, or from the
2135	2135	2110commonwealth after use in a qualified theater production of sets, costumes or other tangible
2136	2136	2111property constructed or manufactured in the commonwealth and the transportation of the cast and
2137	2137	2112crew to and from the commonwealth; provided, that “transportation expenditures” shall include
2138	2138	2113any portion performed in Massachusetts of the packaging, crating and transporting of property
2139	2139	2114and equipment used for special and visual effects, sound, lighting and staging, costumes,
2140	2140	2115wardrobes, make-up and related accessories and materials and any other performance or
2141	2141	2116production-related property and equipment.
2142	2142	2117 (2) Any taxpayer that has been awarded an eligible theater production certificate and
2143	2143	2118has completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall
2144	2144	2119be allowed a tax credit against taxes imposed by this chapter. The credit shall not 101 of 150
2145	2145	2120exceed $5,000,000 and shall be limited to: (i) 35 per cent of in-state payroll costs; (ii) 25 per cent
2146	2146	2121of production and performance expenditures; and (iii) 25 per cent of transportation
2147	2147	2122expenditures. Additionally, the credit shall not exceed the amount of credit specified in the
2148	2148	2123eligible theater production certificate.
2149	2149	2124 (3) The tax credit shall be allowed against the tax for the taxable period in which the
2150	2150	2125credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year
2151	2151	2126may be carried forward for not more than 5 succeeding tax years.
2152	2152	2127 (4) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible for
2153	2153	2128the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or
2154	2154	2129otherwise to any individual or entity and such assignee of the tax credits that have not
2155	2155	2130claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in
2156	2156	2131whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits
2157	2157	2132may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed
2158	2158	2133pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the
2159	2159	2134assignee for not more than 5 succeeding tax years from the date an eligible theater production
2160	2160	2135certificate is first issued by the office. The assignor shall perfect the transfer by notifying the
2161	2161	2136commissioner, in writing, within 30 calendar days following the effective date of the transfer and
2162	2162	2137shall provide any information as may be required by the commissioner to administer and carry
2163	2163	2138out this subsection.
2164	2164	2139 (5) The commissioner shall promulgate such rules and regulations necessary for the
2165	2165	2140administration of this section. 102 of 150
2166	2166	2141 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
2167	2167	2142requires otherwise, have the following meanings:-
2168	2168	2143 “Capital investment”, expenses incurred for the site preparation and construction, repair,
2169	2169	2144renovation, improvement or equipping of a building, structure, facility or other improvements to
2170	2170	2145real property, including, but not limited to, site-related utility and transportation infrastructure
2171	2171	2146improvements.
2172	2172	2147 “Center”, the Massachusetts clean energy technology center established in section 2 of
2173	2173	2148chapter 23J.
2174	2174	2149 “Certified climatetech company” shall have the same meaning as defined in section 1 of
2175	2175	2150chapter 23J.
2176	2176	2151 “Climatetech facility”, any building, complex of buildings or structural components of
2177	2177	2152buildings, including access infrastructure, and all machinery and equipment used in the research,
2178	2178	2153manufacturing, assembly, development, provision or administration of goods or services in the
2179	2179	2154climatetech sector.
2180	2180	2155 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech
2181	2181	2156facility; or (ii) ground leases the land underlying a climatetech facility for at least 50 years.
2182	2182	2157 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech
2183	2183	2158facility.
2184	2184	2159 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive program
2185	2185	2160established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed
2186	2186	2161by this chapter in an amount, as determined by the center, of up to 50 per cent of the owner’s 103 of 150
2187	2187	2162total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant
2188	2188	2163to this section shall be distributed in equal parts over the 5 taxable years that correspond to the
2189	2189	2164period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.
2190	2190	2165 (3) An owner shall be eligible for a tax credit authorized under this subsection if the
2191	2191	2166owner demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the
2192	2192	2167owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii)
2193	2193	2168the climatetech facility shall employ not less than 50 new full-time employees by the fifth year of
2194	2194	2169the owner's certification period under section 16 of chapter 23J. Upon verification, the center
2195	2195	2170shall provide this information to the department of revenue for the purpose of administering the
2196	2196	2171credit.
2197	2197	2172 (4) A tenant shall be eligible for a tax credit authorized pursuant to this subsection if the
2198	2198	2173tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the
2199	2199	2174owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) the
2200	2200	2175tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent
2201	2201	2176of the total leasable square footage of the facility; and (iv) the tenant shall employ not less 13
2202	2202	2177full-time employees by the fifth year of the tenant's certification period under section 16 of
2203	2203	2178chapter 23J. Upon verification, the center shall provide this information to the department of
2204	2204	2179revenue for the purpose of administering the credit. The amount of tax credits awarded under this
2205	2205	2180subsection to a tenant for a taxable year shall not exceed the tenant's total lease payments for
2206	2206	2181occupancy of the climatetech facility for the taxable year.
2207	2207	2182 (5) The department of revenue shall issue the refundable portion of the credit without
2208	2208	2183further appropriation and in accordance with the cumulative amount, including the current year 104 of 150
2209	2209	2184costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
2210	2210	2185forth in subsection (d) of section 16 of chapter 23J.
2211	2211	2186 (6) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2212	2212	2187partners or members of the legal entity entitled to the credit under this subsection and shall be
2213	2213	2188allowed as a credit against the tax due under this chapter from such owners, partners or members
2214	2214	2189in a manner determined by the commissioner.
2215	2215	2190 (7) The department of revenue shall promulgate such rules and regulations as are
2216	2216	2191necessary to administer the credit established in this section.
2217	2217	2192 (ff)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program
2218	2218	2193established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs
2219	2219	2194credit against the tax liability imposed under this chapter in an amount determined by the
2220	2220	2195Massachusetts clean energy technology center established in section 2 of said chapter 23J, in
2221	2221	2196consultation with the department of revenue.
2222	2222	2197 (2) A taxpayer taking a credit under this subsection shall commit to the creation of not
2223	2223	2198less than 5 net new permanent full-time employees in the commonwealth.
2224	2224	2199 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer under
2225	2225	2200this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds
2226	2226	2201the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per
2227	2227	2202cent of such excess credit, to the extent authorized by the climatetech tax incentive program,
2228	2228	2203shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other
2229	2229	2204taxable years. 105 of 150
2230	2230	2205 (4) The department of revenue shall issue the refundable portion of the jobs credit
2231	2231	2206without further appropriation and in accordance with the cumulative amount, including the
2232	2232	2207current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
2233	2233	2208annually as set forth in subsection (d) of section 16 of chapter 23J.
2234	2234	2209 (5) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2235	2235	2210partners or members of the legal entity entitled to the credit under this subsection and shall be
2236	2236	2211allowed as a credit against the tax due under this chapter from such owners, partners or members
2237	2237	2212in a manner determined by the commissioner.
2238	2238	2213 (gg)(1) An employer engaged in business in the commonwealth that is not a business
2239	2239	2214corporation subject to the excise under chapter 63, may be allowed a credit each taxable year
2240	2240	2215against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid
2241	2241	2216to each net-new qualified intern employed in the taxable year, whichever is less. If a credit
2242	2242	2217allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the
2243	2243	2218balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
2244	2244	2219 (2) For an employer to be eligible for a credit under this subsection: (a) the intern shall be
2245	2245	2220enrolled in or a recent graduate of a public or private institution of higher education located in
2246	2246	2221Massachusetts; (b) the intern shall have been employed as a qualified intern by the employer for
2247	2247	2222at least 12 weeks in the taxable year for which the credit is claimed; and (c) the employer shall
2248	2248	2223demonstrate that the total number of interns employed in the taxable year exceeds the average
2249	2249	2224number of interns employed by the taxpayer per year over the previous three years. An intern
2250	2250	2225shall not be qualified if such intern is participating in another internship or apprenticeship 106 of 150
2251	2251	2226program for which an employer has claimed a credit in the taxable year under this subsection or
2252	2252	2227chapter 63.
2253	2253	2228 (3) The total cumulative value of the credits authorized pursuant to this subsection and
2254	2254	2229section 38RR of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim
2255	2255	2230more than $100,000 in credits under this subsection for any taxable year. A credit allowed under
2256	2256	2231this subsection shall not be transferable.
2257	2257	2232 (4) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2258	2258	2233partners or members of the legal entity entitled to the credit under this subsection and shall be
2259	2259	2234allowed as a credit against the tax due under this chapter of such owners, partners or members, in
2260	2260	2235a manner determined by the commissioner.
2261	2261	2236 (5) The executive office of economic development, in consultation with the
2262	2262	2237commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to
2263	2263	2238this subsection and section 38RR of chapter 63 and shall allocate the credit in accordance with
2264	2264	2239the standards and requirements set forth in regulations promulgated pursuant to this subsection.
2265	2265	2240The secretary of economic development, in consultation with the commissioner, shall
2266	2266	2241promulgate regulations establishing an application process for the credit.
2267	2267	2242 (6) The secretary of economic development shall annually file a report with the house and
2268	2268	2243senate committees on ways and means, the joint committee on economic development and
2269	2269	2244emerging technologies and the joint committee on labor and workforce development identifying
2270	2270	2245the following: (a) the total amount of tax credits claimed pursuant to this subsection and section
2271	2271	224638RR of chapter 63; (b) the number of participating interns; and (c) the number of participating
2272	2272	2247employers. In the fourth submission of said annual report, the secretary of economic 107 of 150
2273	2273	2248development shall also provide an assessment of the effectiveness of the credit offered under this
2274	2274	2249subsection and section 38RR of chapter 63 in achieving the goal of retaining graduating talent in
2275	2275	2250the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may
2276	2276	2251provide to the secretary of economic development de-identified, statistical tax return information
2277	2277	2252related to the tax filings of former participating interns for the 5 tax years beginning after the
2278	2278	2253conclusions of the internship to evaluate whether former interns are both employed and
2279	2279	2254domiciled in the commonwealth after the internship. Said information must be shared in a
2280	2280	2255manner that prevents the identification of particular tax returns.
2281	2281	2256 SECTION 123. Subsection (a) of section 31M of chapter 63 of the General Laws, as so
2282	2282	2257appearing, is hereby amended by striking out, in lines 4 to 13, inclusive, the definition of “Life
2283	2283	2258sciences” and inserting in place thereof the following definition:-
2284	2284	2259 “Life sciences,” advanced and applied sciences that expand the understanding of human
2285	2285	2260physiology and have the potential to lead to medical advances or therapeutic applications
2286	2286	2261including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
2287	2287	2262engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences-related artificial
2288	2288	2263intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
2289	2289	2264marine biology, marine technology, medical technology, medical devices, nanotechnology,
2290	2290	2265natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
2291	2291	2266interference, stem cell research and veterinary science.
2292	2292	2267 SECTION 124. Subsection (j) of section 38M of said chapter 63, as so appearing, is
2293	2293	2268hereby amended by striking out, in lines 120 to 121, the words “and (ii) equipment for the 108 of 150
2294	2294	2269federal National Aeronautics and Space Administration”, and inserting in place thereof the
2295	2295	2270following words:-
2296	2296	2271 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii)
2297	2297	2272medical countermeasures, including, but not limited to, medicines and medical supplies that can
2298	2298	2273be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or
2299	2299	2274nuclear threats; biologic products; vaccines; blood products; antibodies; antimicrobial or antiviral
2300	2300	2275drugs; diagnostic tests to identify threat agents; and personal protective equipment.
2301	2301	2276 SECTION 125. Subsection (k) of said section 38M of said chapter 63, as so appearing, is
2302	2302	2277hereby amended by striking out, in lines 126 to 134, inclusive, the definition of “life sciences”,
2303	2303	2278and inserting in place thereof the following definition:-
2304	2304	2279 “Life sciences”, advanced and applied sciences that expand the understanding of human
2305	2305	2280physiology and have the potential to lead to medical advances or therapeutic applications
2306	2306	2281including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
2307	2307	2282engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences-related artificial
2308	2308	2283intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
2309	2309	2284marine biology, marine technology, medical technology, medical devices, nanotechnology,
2310	2310	2285natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
2311	2311	2286interference, stem cell research and veterinary science.
2312	2312	2287 SECTION 126. Subsection (k) of section 38M of said chapter 63, as so appearing, is
2313	2313	2288hereby amended by inserting the following definitions:-
2314	2314	2289 “Climatetech” shall have the same meaning as described in section 1 of chapter 23J. 109 of 150
2315	2315	2290 “Climatetech company” shall have the same meaning as described in section 1 of chapter
2316	2316	229123J.
2317	2317	2292 SECTION 127. Said subsection (k) of said section 38M of said chapter 63, as so
2318	2318	2293appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting
2319	2319	2294in place thereof the following definition:-
2320	2320	2295 “Taxpayer”, a (i) person, (ii) certified life sciences company or (iii) a certified
2321	2321	2296climatetech company subject to the taxes imposed by chapters 62, 63, 64H or 64I.
2322	2322	2297 SECTION 128. Said subsection (k) of said section 38M of said chapter 63, as so
2323	2323	2298appearing, is hereby further amended by inserting after the words “chapter 23I”, in line 144, the
2324	2324	2299following words:- or the climatetech tax incentive program established in subsection (d) of
2325	2325	2300section 16 of chapter 23J.
2326	2326	2301 SECTION 129. Section 38N of said chapter 63 as most recently amended by section 229
2327	2327	2302of chapter 7 of the Acts of 2023, is hereby amended by striking out subsection (a) and inserting
2328	2328	2303in place thereof the following subsection:-
2329	2329	2304 (a) As used in this section, “Certified project”, “EACC”, “EDIP contract”, “Proportion of
2330	2330	2305compliance” and “Refundable credit” shall have the same meanings as ascribed to them in
2331	2331	2306section 3A of chapter 23A.
2332	2332	2307 SECTION 130. Said section 38N of said chapter 63, as so appearing, is hereby further
2333	2333	2308amended by striking out, in lines 7 to 10, inclusive, the words “, up to an amount equal to 50 per
2334	2334	2309cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not
2335	2335	2310apply where the credit is refundable under subsection (d)”. 110 of 150
2336	2336	2311 SECTION 131. Said section 38N of said chapter 63, as so appearing, is hereby further
2337	2337	2312amended by striking out, in lines 13 to 17, inclusive, the words “adopt; provided, however, that a
2338	2338	2313credit awarded in connection with a certified project that will retain permanent full-time
2339	2339	2314employees in a gateway municipality without creating a net increase in permanent full-time
2340	2340	2315employees shall not exceed $5,000 per retained employee” and inserting in place thereof the
2341	2341	2316following word:- adopt.
2342	2342	2317 SECTION 132. Said section 38N of said chapter 63, as so appearing, is hereby further
2343	2343	2318amended by striking out, in line 27, the word “or”, the second time it appears, and inserting in
2344	2344	2319place thereof the following word:- of.
2345	2345	2320 SECTION 133. Said section 38N of said chapter 63, as so appearing, is hereby further
2346	2346	2321amended by striking out, in line 29, the word “or”, the second time it appears, and inserting in
2347	2347	2322place thereof the following word:- of.
2348	2348	2323 SECTION 134. Subsection (c) of said section 38N of said chapter 63, as so appearing, is
2349	2349	2324hereby further amended in the second paragraph by adding the following sentence:-
2350	2350	2325Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC
2351	2351	2326with documentation confirming credits claimed under this section by a corporation subject to tax
2352	2352	2327under this chapter that is the controlling business of a certified project, or an affiliate of a
2353	2353	2328controlling business.
2354	2354	2329 SECTION 135. Said section 38N of said chapter 63, as so appearing, is hereby further
2355	2355	2330amended by striking out, in line 46, the words “31A or”.
2356	2356	2331 SECTION 136. Subsection (i) of said section 38N of said chapter 63, as so appearing, is
2357	2357	2332hereby further amended by striking out the last sentence and inserting in place thereof the 111 of 150
2358	2358	2333following sentence:- The amount of credits subject to recapture shall be equal to the
2359	2359	2334corporation’s proportion of compliance, as determined by the EACC as part of its revocation
2360	2360	2335process and reported to the corporation and the department of revenue at the time certification is
2361	2361	2336revoked.
2362	2362	2337 SECTION 137. Subsection (a) of section 38U of said chapter 63, as appearing in the
2363	2363	23382022 Official Edition, is hereby amended by striking out, in lines 4 to 13, inclusive, the
2364	2364	2339definition of “Life sciences” and inserting in place thereof the following definition:-
2365	2365	2340 “Life sciences”, advanced and applied sciences that expand the understanding of human
2366	2366	2341physiology and have the potential to lead to medical advances or therapeutic applications
2367	2367	2342including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
2368	2368	2343engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences-related artificial
2369	2369	2344intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
2370	2370	2345marine biology, marine technology, medical technology, medical devices, nanotechnology,
2371	2371	2346natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
2372	2372	2347interference, stem cell research and veterinary science.
2373	2373	2348 SECTION 138. Section 38LL of said chapter 63, as so appearing, is hereby amended by
2374	2374	2349striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10.
2375	2375	2350 SECTION 139. Section 38MM of said chapter 63, as so appearing, is hereby amended by
2376	2376	2351striking out, in line 28, the word “its” and inserting in place thereof the following words:- the
2377	2377	2352owner’s. 112 of 150
2378	2378	2353 SECTION 140. Said section 38MM of said chapter 63, as so appearing, is hereby further
2379	2379	2354amended by striking out, in lines 47 to 48, the words “owner’s capital investment” and inserting
2380	2380	2355in place thereof the following words:- total leasable square footage of.
2381	2381	2356 SECTION 141. Said section 38MM of said chapter 63, as so appearing, is hereby further
2382	2382	2357amended by striking out, in lines 48 to 50, inclusive, the words “employ, in the aggregate with
2383	2383	2358other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the
2384	2384	2359following words:- employ not less than 50.
2385	2385	2360 SECTION 142. Said chapter 63 is hereby further amended by inserting after section
2386	2386	236138MM, the following 5 sections:-
2387	2387	2362 Section 38NN. (a) As used in this section, the following words shall have the following
2388	2388	2363meanings, unless the context clearly requires otherwise:
2389	2389	2364 “Advertising and public relations expenditure”, a cost incurred within the
2390	2390	2365commonwealth by an eligible theater production for goods or services related to the marketing,
2391	2391	2366public relations, creation and placement of print, electronic, television, billboards or other forms
2392	2392	2367of advertising to promote the eligible theater production.
2393	2393	2368 “Eligible theater production”, a live stage musical, dance or theatrical production or tour
2394	2394	2369 being presented in a qualified production facility that is either: (a) a pre-Broadway
2395	2395	2370production; (b) a pre-off Broadway production; (c) a national tour launch; or (iv) a regional
2396	2396	2371professional theater production.
2397	2397	2372 “Eligible theater production certificate”, a certificate issued by the office, in
2398	2398	2373consultation with the commissioner, certifying that a production is an eligible theater production 113 of 150
2399	2399	2374that meets the rules or regulations of the office, and that it has been awarded a tax credit in a
2400	2400	2375specified amount, pursuant to section 3M of chapter 23A.
2401	2401	2376 “National tour launch”, a live stage production that, in its original or adaptive version, is
2402	2402	2377performed in a qualified production facility and opens its national tour in the commonwealth.
2403	2403	2378 “Office”, the Massachusetts office of business development established in section 1 of
2404	2404	2379chapter 23A, or any constituent office thereof.
2405	2405	2380 “Payroll”, all salaries, wages, fees and other compensation from sources within the
2406	2406	2381commonwealth, including, but not limited to, taxes, benefits and any other consideration
2407	2407	2382incurred or paid to talent and non-talent employees of the applicant for services rendered within
2408	2408	2383the commonwealth to and on behalf of an eligible theater production; provided, that the payroll
2409	2409	2384expenditure shall be incurred or paid by the applicant for services related to any portion of an
2410	2410	2385eligible theater production from its pre-production stages, including, but not limited to: (i) the
2411	2411	2386writing of the script, (ii) casting, (iii) hiring of service providers, (iv) purchases from vendors,
2412	2412	2387(v) marketing, (vi) advertising, (vii) public relations, (viii) load in, (ix) rehearsals, (x)
2413	2413	2388performances, (xi) other eligible theater production related activities, and (xii) load out; and
2414	2414	2389provided further, that the payroll expenditure shall be directly attributable to the eligible theater
2415	2415	2390production and shall be limited to the first $100,000 of wages incurred or paid to each employee
2416	2416	2391of an eligible theater production in each tax year.
2417	2417	2392 “Pre-Broadway production”, a live stage production that, in its original or
2418	2418	2393adaptive version, is performed in a qualified production facility having a presentation scheduled
2419	2419	2394for city of New York’s Broadway theater district within 24 months after its presentation in the
2420	2420	2395commonwealth.  114 of 150
2421	2421	2396 “Pre-off Broadway production”, a live stage production that, in its original or adaptive
2422	2422	2397version, is performed in a qualified production facility having a presentation scheduled for the
2423	2423	2398city of New York’s off-Broadway theater district within 24 months after its presentation in the
2424	2424	2399commonwealth.
2425	2425	2400 “Production and performance expenditures”, a contemporaneous exchange of cash or
2426	2426	2401cash equivalent for goods or services related to development, production, performance or
2427	2427	2402operating expenditures incurred in the commonwealth for a qualified theater production,
2428	2428	2403including, but not limited to, expenditures for design, construction and operation, including sets,
2429	2429	2404special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with
2430	2430	2405sound, lighting, staging, advertising and public relations expenditures, facility expenses,
2431	2431	2406rentals, per diems, accommodations and other related costs.
2432	2432	2407 “Qualified production facility”, a facility located in the commonwealth in which
2433	2433	2408live theater productions are, or are intended to be, exclusively presented that contains at least 1
2434	2434	2409stage,  a seating capacity of not less than 175 seats, dressing rooms, storage areas and other
2435	2435	2410ancillary amenities necessary for the eligible theater production.
2436	2436	2411 “Transportation expenditures”, expenses incurred in Massachusetts for the packaging,
2437	2437	2412crating and transportation both to the commonwealth for use in a qualified theater production of
2438	2438	2413sets, costumes or other tangible property constructed or manufactured out of state, or from the
2439	2439	2414commonwealth after use in a qualified theater production of sets, costumes or other tangible
2440	2440	2415property constructed or manufactured in the commonwealth and the transportation of the cast and
2441	2441	2416crew to and from the commonwealth; provided, that “transportation expenditures” shall include
2442	2442	2417any portion performed in Massachusetts of the packaging, crating and transporting of property 115 of 150
2443	2443	2418and equipment used for special and visual effects, sound, lighting and staging, costumes,
2444	2444	2419wardrobes, make-up and related accessories and materials and any other performance or
2445	2445	2420production-related property and equipment.
2446	2446	2421 (b) Any taxpayer that has been awarded an eligible theater production certificate and has
2447	2447	2422completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall
2448	2448	2423be allowed a tax credit against taxes imposed by this chapter. The credit shall not
2449	2449	2424exceed $5,000,000 and shall be limited to (i) 35 per cent of the total in-state payroll costs; (ii) 25
2450	2450	2425per cent of the production and performance expenditures; and (iii) 25 per cent of
2451	2451	2426transportation expenditures. Additionally, the credit shall not exceed the amount of credit
2452	2452	2427specified in the eligible theater production certificate.
2453	2453	2428 (c) The tax credit shall be allowed against the tax for the taxable period in which the
2454	2454	2429credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year
2455	2455	2430may be carried forward for not more than 5 succeeding tax years.
2456	2456	2431 (d) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible
2457	2457	2432for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or
2458	2458	2433 otherwise to any individual or entity and such assignee of the tax credits that have not
2459	2459	2434claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in
2460	2460	2435whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits
2461	2461	2436may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed
2462	2462	2437pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the
2463	2463	2438assignee for not more than 5 succeeding tax years from the date an eligible theater production
2464	2464	2439certificate is first issued by the office. The assignor shall perfect the transfer by notifying the 116 of 150
2465	2465	2440commissioner, in writing, within 30 calendar days following the effective date of the transfer and
2466	2466	2441shall provide any information as may be required by the commissioner to administer and carry
2467	2467	2442out this section.
2468	2468	2443 (e) Credits allowed to corporations that are included in a combined group within the
2469	2469	2444meaning of section 32B may be shared with other corporations within such group that are
2470	2470	2445also doing business in Massachusetts, to the extent those corporations are engaged in a unitary
2471	2471	2446business.
2472	2472	2447 (f) Credits allowed to a company that is an S corporation, as defined in section 1361 of
2473	2473	2448the Code, partnership or a limited liability company that is taxed as a partnership shall be
2474	2474	2449passed through respectively to persons designated as partners, members or owners of such
2475	2475	2450companies on a pro rata basis or pursuant to an executed agreement among such persons
2476	2476	2451designated as S corporation shareholders, partners or members documenting an alternate
2477	2477	2452distribution method without regard to their sharing of other tax or economic attributes of such
2478	2478	2453entity.
2479	2479	2454 (g) The commissioner shall promulgate such rules and regulations necessary for the
2480	2480	2455administration of this section.
2481	2481	2456 Section 38OO. (a) As used in this section, the following words shall have the following
2482	2482	2457meanings, unless the context clearly requires otherwise:
2483	2483	2458 “Capital investment”, expenses incurred for the site preparation and construction, repair,
2484	2484	2459renovation, improvement or equipping of a building, structure, facility or other improvements to
2485	2485	2460real property, including, but not limited to, site-related utility and transportation infrastructure
2486	2486	2461improvements.   117 of 150
2487	2487	2462 “Center”, the Massachusetts clean energy technology center established in section 2 of
2488	2488	2463chapter 23J.
2489	2489	2464 “Certified climatetech company”, as defined in section 1 of chapter 23J.
2490	2490	2465 “Climatetech facility”, any building, complex of buildings or structural components of
2491	2491	2466buildings, including access infrastructure, and all machinery and equipment used in the research,
2492	2492	2467manufacturing, assembly, development, provision or administration of goods or services in the
2493	2493	2468climatetech sector.
2494	2494	2469 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds
2495	2495	2470title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for at
2496	2496	2471least 50 years.
2497	2497	2472 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech
2498	2498	2473facility.
2499	2499	2474 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive program
2500	2500	2475established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed
2501	2501	2476by this chapter in an amount, as determined by the center, of up to 50 per cent of the owner’s
2502	2502	2477total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant
2503	2503	2478to this section shall be distributed in equal parts over the 5 taxable years that correspond to the
2504	2504	2479period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.
2505	2505	2480 (c) An owner shall be eligible for a tax credit authorized under this section if the owner
2506	2506	2481demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the owner's
2507	2507	2482total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) the 118 of 150
2508	2508	2483climatetech facility will employ not less than 50 new full-time employees by the fifth year of the
2509	2509	2484owner's certification period under section 16 of chapter 23J. Upon verification, the center will
2510	2510	2485provide this information to the department of revenue for the purpose of administering the
2511	2511	2486credit.
2512	2512	2487 (d) A tenant shall be eligible for a tax credit authorized pursuant to this section if the
2513	2513	2488tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the
2514	2514	2489owner has made a total capital investment in the facility that equals not less than $5,000,000; (iii)
2515	2515	2490the tenant occupies a leased area of the climatetech facility that represents not less than 25 per
2516	2516	2491cent of the total leasable square footage of the facility; and (iv) the tenant will employ not less
2517	2517	2492than 13 full-time employees by the fifth year of the tenant's certification period under section 16
2518	2518	2493of chapter 23J. Upon verification, the center will provide this information to the department of
2519	2519	2494revenue for the purpose of administering the credit. The amount of tax credits awarded under this
2520	2520	2495section to a tenant for a taxable year shall not exceed the tenant's total lease payments for
2521	2521	2496occupancy of the climatetech facility for the taxable year.
2522	2522	2497 (e) The department of revenue shall issue the refundable portion of the credit without
2523	2523	2498further appropriation and in accordance with the cumulative amount, including the current year
2524	2524	2499costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
2525	2525	2500forth in subsection (d) of section 16 of chapter 23J.
2526	2526	2501 (f) The department of revenue shall promulgate such rules and regulations as are
2527	2527	2502necessary to administer the credit established in this section.
2528	2528	2503 Section 38PP. (a) A taxpayer may, to the extent authorized pursuant to the climatetech
2529	2529	2504tax incentive program established by section 1 of chapter 23J, be allowed a credit against its 119 of 150
2530	2530	2505excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the
2531	2531	2506qualified research expenses for the taxable year, over the base amount, and 15 per cent of the
2532	2532	2507basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue
2533	2533	2508Code. The terms ''qualified research expenses'', ''base amount'', ''qualified organization base
2534	2534	2509period amount'', ''basic research'' and any other terms affecting the calculation of the credit shall,
2535	2535	2510unless the context otherwise requires or unless otherwise stated in this section, have the same
2536	2536	2511meanings as under said section 41 of said Code.
2537	2537	2512 In determining the amount of the credit allowable under this section, the commissioner of
2538	2538	2513revenue may aggregate the activities of all corporations that are members of a controlled group
2539	2539	2514of corporations, as defined by 41(f)(1)(A) of said Code, and may aggregate the activities of all
2540	2540	2515entities, whether or not incorporated, that are under common control, as defined in section
2541	2541	251641(f)(1)(B) of said Code.
2542	2542	2517 (b) For a qualified climatetech company, research and development costs, within the
2543	2543	2518meaning of section 41 of said Code, shall include, those qualified research expenditures that are
2544	2544	2519performed both inside and outside of the commonwealth.
2545	2545	2520 (c) For purposes of section 30, the deduction from gross income that may be taken with
2546	2546	2521respect to any expenditures qualifying for a credit under said section 41 of said Code shall be
2547	2547	2522based upon its cost less the credit allowable under this section; provided, however, that section
2548	2548	2523280C(c) of said Code shall not apply.
2549	2549	2524 (d) The credit allowed hereunder for any taxable year shall not reduce the excise to less
2550	2550	2525than the amount due under subsection (b) of section 32, subsection (b) of section 39, section 67
2551	2551	2526or under any other general or special law.  120 of 150
2552	2552	2527 (e) The credit allowed under this section shall be limited to 100 per cent of a
2553	2553	2528corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75
2554	2554	2529per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of
2555	2555	2530revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the
2556	2556	2531Internal Revenue Code for purposes of apportioning the $25,000 amount among members of a
2557	2557	2532controlled group. Nothing in this section shall alter section 32C, as it affects other credits under
2558	2558	2533this chapter.
2559	2559	2534 (f) If a corporation files a combined return of income under section 32B, a credit
2560	2560	2535generated by an individual member corporation under this section shall first be applied against
2561	2561	2536the excise attributable to that company under sections 32 or 39, subject to the limitations of
2562	2562	2537subsections (d) and (e). A member corporation with an excess research and development credit
2563	2563	2538may apply its excess credit against the excise of another group member if such other member
2564	2564	2539corporation may use additional credits under the limitations of said subsections (d) and (e).
2565	2565	2540Unused, unexpired credits generated by a member corporation shall be carried over from year to
2566	2566	2541year by the individual corporation that generated the credit and shall not be refundable. Nothing
2567	2567	2542in this section shall be construed to alter subsection (h) of section 31A.
2568	2568	2543 (g) A corporation entitled to a credit under this section for any taxable year may carry
2569	2569	2544over and apply to its excise for any of the next succeeding 15 taxable years that portion, as
2570	2570	2545reduced from year to year, of its credit which exceeds its excise for the taxable year. A
2571	2571	2546corporation may carry over and apply to its excise for any subsequent taxable year that portion,
2572	2572	2547as reduced from year to year, of those credits which were not allowed by subsection (f).  121 of 150
2573	2573	2548 (h) The commissioner of revenue shall promulgate regulations necessary to carry out this
2574	2574	2549section.
2575	2575	2550 Section 38QQ. (a) A taxpayer, to the extent authorized by the climatetech tax incentive
2576	2576	2551program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable
2577	2577	2552jobs credit against the tax liability imposed under this chapter in an amount determined by the
2578	2578	2553Massachusetts clean energy technology center established in section 2 of said chapter 23J, in
2579	2579	2554consultation with the department of revenue.
2580	2580	2555 (b) A taxpayer taking a credit under this section shall commit to the creation of not less
2581	2581	2556than 5 net new permanent full-time employees in the commonwealth.
2582	2582	2557 (c) A credit allowed under this section shall reduce the liability of the taxpayer under this
2583	2583	2558chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the
2584	2584	2559taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of
2585	2585	2560such excess credit, to the extent authorized by the climatetech tax incentive program, shall be
2586	2586	2561refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable
2587	2587	2562years.
2588	2588	2563 (d) The department of revenue shall issue the refundable portion of the jobs credit
2589	2589	2564without further appropriation and in accordance with the cumulative amount, including the
2590	2590	2565current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
2591	2591	2566annually as set forth in subsection (d) of section 16 of chapter 23J.
2592	2592	2567 Section 38RR. (a) A business corporation engaged in business in the commonwealth
2593	2593	2568may be allowed a credit each taxable year against its excise due under this chapter in an amount
2594	2594	2569equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the 122 of 150
2595	2595	2570taxable year, whichever is less. If a credit allowed by this section exceeds the tax otherwise due
2596	2596	2571under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer,
2597	2597	2572be refunded to the taxpayer.
2598	2598	2573 (b) For an employer to be eligible for a credit under this section: (i) the intern shall be
2599	2599	2574enrolled in or a recent graduate of a public or private institution of higher education located in
2600	2600	2575Massachusetts; (ii) the intern shall have been employed as a qualified intern by the employer for
2601	2601	2576at least 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall
2602	2602	2577demonstrate that the total number of interns employed in the taxable year exceeds the average
2603	2603	2578number of interns employed by the taxpayer per year over the previous three years. An intern
2604	2604	2579shall not be qualified if such intern is participating in another internship or apprenticeship
2605	2605	2580program for which an employer has claimed a credit in the taxable year under this chapter or
2606	2606	2581section 6 of chapter 62 of the General Laws.
2607	2607	2582 (c) The total cumulative value of the credits authorized pursuant to this section and
2608	2608	2583subsection (gg) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer
2609	2609	2584shall not claim more than $100,000 in credits under this section for any taxable year. A credit
2610	2610	2585allowed under this section shall not be transferable.
2611	2611	2586 (d) The executive office of economic development, in consultation with the
2612	2612	2587commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to
2613	2613	2588this section and subsection (gg) of section 6 chapter 62 and shall allocate the credit in accordance
2614	2614	2589with the standards and requirements set forth in regulations promulgated pursuant to this section.
2615	2615	2590The secretary of economic development, in consultation with the commissioner, shall
2616	2616	2591promulgate regulations establishing an application process for the credit. 123 of 150
2617	2617	2592 (e) The secretary of economic development shall annually file a report with the house and
2618	2618	2593senate committees on ways and means, the joint committee on economic development and
2619	2619	2594emerging technologies, and the joint committee on labor and workforce development identifying
2620	2620	2595the following: (i) total amount of tax credits claimed pursuant to this section and subsection (gg)
2621	2621	2596of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of
2622	2622	2597participating employers. In the fourth submission of said annual report, the secretary of
2623	2623	2598economic development shall also provide an assessment of the effectiveness of the credit offered
2624	2624	2599under this section and subsection (gg) of section 6 of chapter 62 in achieving the goal of
2625	2625	2600retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the
2626	2626	2601department of revenue may provide to the secretary of economic development de-identified,
2627	2627	2602statistical tax return information related to the tax filings of former participating interns for the
2628	2628	2603five tax years beginning after the conclusions of the internship to evaluate whether former interns
2629	2629	2604are both employed and domiciled in the commonwealth after the internship. Said information
2630	2630	2605must be shared in a manner that prevents the identification of particular tax returns.
2631	2631	2606 SECTION 143. Section 42B of said chapter 63, as appearing in the 2022 Official Edition,
2632	2632	2607is hereby amended by striking out, in lines 50 to 51, the words “a certified life sciences” and
2633	2633	2608inserting in place thereof the following words:- or the climatetech tax incentive program
2634	2634	2609established by section 16 of chapter 23J, a certified.
2635	2635	2610 SECTION 144. Section 6 of said chapter 64H, as so appearing, is hereby amended by
2636	2636	2611inserting, after subsection (xx), the following new subsection:-
2637	2637	2612 (yy)(1) Sales of tangible personal property purchased for a certified climatetech
2638	2638	2613company, to the extent authorized pursuant to the climatetech tax incentive program established 124 of 150
2639	2639	2614by section 16 of chapter 23J, for use in connection with the construction, alteration, remodeling,
2640	2640	2615repair or remediation of research, development or manufacturing or other commercial facilities
2641	2641	2616used for the provisions of goods or services in the climatetech sector and utility support systems.
2642	2642	2617Only purchases made on or after the effective date of this paragraph shall be eligible for this
2643	2643	2618exemption.
2644	2644	2619 (2) As used in this paragraph, the following words shall have the following meanings,
2645	2645	2620unless the context clearly requires otherwise:-
2646	2646	2621 “Climatetech” shall have the same meaning as described in section 1 of chapter 23J.
2647	2647	2622 “Climatetech company” shall have the same meaning as described in section 1 of chapter
2648	2648	262323J.
2649	2649	2624 “Utility support systems”, all areas of utility support systems including, but not limited
2650	2650	2625to, site, civil, mechanical, electrical and plumbing systems.
2651	2651	2626 SECTION 145. Chapter 98 of the General Laws is hereby amended by adding the
2652	2652	2627following section:-
2653	2653	2628 Section 59. (a) For the purposes of this section, the following terms shall have the
2654	2654	2629following meanings unless the context clearly requires otherwise:-
2655	2655	2630 “Charging session”, an event starting when a customer of an EVSE initiates purchase of
2656	2656	2631electric vehicle charging services from an EVSE and ends when either the EVSE or the customer
2657	2657	2632ends the continuous transfer of said electric vehicle charging services to that customer’s electric
2658	2658	2633vehicle. 125 of 150
2659	2659	2634 “Commercial electric vehicle charging station”, an EVSE, or a group of EVSEs, at a
2660	2660	2635certain location where every EVSE within that group is owned and operated by the same person
2661	2661	2636or entity and which requires users to pay the EVSE owner a fee for electric vehicle charging
2662	2662	2637services.
2663	2663	2638 “Director”, the director of standards in the office of consumer affairs and business
2664	2664	2639regulation.
2665	2665	2640 “Division”, the division of standards in the office of consumer affairs and business
2666	2666	2641regulation.
2667	2667	2642 “Electric vehicle”, means a battery electric vehicle that draws propulsion energy solely
2668	2668	2643from an on-board electrical energy storage device during operation that is charged from an
2669	2669	2644external source of electricity or a plug-in hybrid electric vehicle with an on-board electrical
2670	2670	2645energy storage device that can be recharged from an external source of electricity which also has
2671	2671	2646the capability to run on another fuel.
2672	2672	2647 “Electric vehicle charging services”, the transfer of electric energy from an electric
2673	2673	2648vehicle charging station to a battery or other storage device in an electric vehicle and billing
2674	2674	2649services, networking and operation and maintenance.
2675	2675	2650 “Electric vehicle service provider”, an entity that operates a digital communications
2676	2676	2651network that remotely manages one or more commercial electric vehicle charging stations.
2677	2677	2652 “Electric vehicle supply equipment” or “EVSE”, a device or system designed and used
2678	2678	2653specifically to transfer electrical energy to an electric vehicle, either as charge transferred via
2679	2679	2654physical or wireless connection, by loading a fully charged battery, or by other means. 126 of 150
2680	2680	2655 “EVSE connector”, a cable and connector combination which carries electrical current
2681	2681	2656from a commercial electric vehicle charging station’s enclosure to the port of an electric vehicle.
2682	2682	2657 “EVSE owner”, any person owning, in whole or in part, a commercial electric vehicle
2683	2683	2658charging station in Massachusetts.
2684	2684	2659 “Network roaming”, the act of a member of 1 electric vehicle charging station billing
2685	2685	2660network using a charging station that is outside of the member's billing network with the
2686	2686	2661member's billing network account information.
2687	2687	2662 (b) An EVSE owner shall register a commercial electric vehicle charging station with the
2688	2688	2663division prior to offering electric vehicle charging services to the public on a form created by the
2689	2689	2664division. The division shall set the length of the term of the registration by regulation. An
2690	2690	2665applicant for registration shall submit such registration in the manner determined by the division
2691	2691	2666along with the appropriate registration fee established pursuant to subsection (d).
2692	2692	2667 No person shall operate a commercial electric vehicle charging station without first
2693	2693	2668registering the device with the division. An EVSE owner who owns more than one commercial
2694	2694	2669electric vehicle charging station in Massachusetts shall separately register each commercial
2695	2695	2670electric vehicle charging station. The registrant shall notify the division within 30 days if the
2696	2696	2671station is sold or ownership is otherwise transferred, if the operator changes, or if the station
2697	2697	2672ceases operation.
2698	2698	2673 (c) The registration form may include the commercial electric vehicle charging station’s
2699	2699	2674street address; geographic location; hours of operation; charging level; number, make and model
2700	2700	2675for each EVSE; number and type of connectors for each EVSE; interoperability; description and
2701	2701	2676amount of any fees users may incur to use the commercial EVSE, other than the price the EVSE 127 of 150
2702	2702	2677owner charges the user for the electric vehicle charging services themselves; accepted methods
2703	2703	2678of payment; and any other information the division finds necessary.
2704	2704	2679 (d) The division shall establish a fee schedule for registrations, renewals and inspections,
2705	2705	2680including the imposition of late charges when appropriate, by regulation. The division may retain
2706	2706	2681such registration fees and fines it collects in order to support its operations.
2707	2707	2682 (e) An EVSE owner shall display, in a manner determined by the division to be clearly
2708	2708	2683visible to a user of that EVSE, the price per kilowatt-hour of the electric vehicle charging
2709	2709	2684services and any other costs a user might encounter when purchasing electric vehicle charging
2710	2710	2685services from the EVSE at the time of purchase. The price shown on such display shall display
2711	2711	2686any taxes imposed on the sale of the charging services. No sign, advertising material or other
2712	2712	2687display or product that is placed upon, above or around an EVSE shall directly or indirectly
2713	2713	2688obscure the posted price.
2714	2714	2689 (f) No EVSE owner shall sell electric vehicle charging services at any price other than the
2715	2715	2690price so posted at the time of the sale. Any EVSE owner who sells electric vehicle charging
2716	2716	2691services to a customer from an EVSE shall display on each EVSE, at a location and in a manner
2717	2717	2692clearly visible to a user of that EVSE, the total volume of electricity transferred during each
2718	2718	2693charging session. Any advertisement, statement, or display of electric vehicle charging services
2719	2719	2694prices shall display the total price, including any taxes, usage fees, and any membership fees
2720	2720	2695required to obtain the price displayed.
2721	2721	2696 (g) The director and their inspectors shall have the power to test, inspect and seal all
2722	2722	2697EVSEs in accordance with standards set forth in the most recent publication of the National
2723	2723	2698Institute of Standards and Technology Handbook 44 as adopted by the National Conference on 128 of 150
2724	2724	2699Weights and Measures. Notwithstanding any other general law or special law to the contrary,
2725	2725	2700said testing, inspection, and sealing shall be the sole responsibility of the division, unless and
2726	2726	2701until the division assigns said responsibilities to a municipal sealer operating pursuant to sections
2727	2727	270234, 35 or 36 of chapter 98. All EVSE connectors and related equipment and systems shall meet
2728	2728	2703all the applicable requirements contained in the most recent publication of the National Institute
2729	2729	2704of Standards and Technology Handbook 44.
2730	2730	2705 All EVSE connectors and related equipment and systems which the division determines
2731	2731	2706have met the standard contained herein shall be marked in a manner visible to consumers, as
2732	2732	2707determined by the division. The division shall also affix a security seal to said EVSE pursuant to
2733	2733	2708the standards contained in the most recent publication of National Institute of Standards and
2734	2734	2709Technology Handbook 44.
2735	2735	2710 (h) The division may adopt, amend, alter or repeal, and shall enforce all such reasonable
2736	2736	2711orders, rules and regulations as may be necessary or suitable for the administration and
2737	2737	2712enforcement of this section, inclusive, and the division may, in such administration and
2738	2738	2713enforcement, at any time cause to be made by its agents or representatives an audit, examination
2739	2739	2714or investigation of the books, records, papers, vouchers, accounts and documents of any EVSE
2740	2740	2715owner, who shall make them available, upon oral or written demand, to the division or any of its
2741	2741	2716duly authorized agents or representatives. Every EVSE owner shall keep such records as may be
2742	2742	2717prescribed by the orders, rules or regulations adopted by the division.
2743	2743	2718 (i) A violation of any provision of this section shall be punished by a civil citation of not
2744	2744	2719more than $5,000, pursuant to section 29A. Upon the second violation of this section, the
2745	2745	2720division may, in addition to assessing a civil citation, suspend the right of such registrant to 129 of 150
2746	2746	2721engage in the business of selling electric vehicle charging services for a period not exceeding 3
2747	2747	2722months, and upon the third or subsequent violation, in addition to assessing a civil citation,
2748	2748	2723suspend such right for a period not exceeding 1 year. Any party aggrieved by any action of the
2749	2749	2724division pursuant to this subsection may appeal in accordance with the provisions of section
2750	2750	272529A.
2751	2751	2726 (j) All EVSE connectors and related equipment and systems which cannot be made to
2752	2752	2727conform to the standard described in subsection (g) shall be taken out of service and marked or
2753	2753	2728labelled in a manner by the division until it meets such standard. Whoever removes said mark or
2754	2754	2729label without the consent of the person affixing the same shall be punished by a fine of not more
2755	2755	2730than five thousand dollars or shall be subject to a civil citation as provided in section 29A.
2756	2756	2731 (k) The owner or operator of a commercial electric vehicle charging station shall provide
2757	2757	2732payment options that allow access to the charging station by the general public. A person shall
2758	2758	2733not be required to pay a subscription fee to use a commercial electrical vehicle charging station
2759	2759	2734or be required to obtain a membership in a club, association or organization as a condition of
2760	2760	2735using the station; provided, however, that owners and operators of a commercial electrical
2761	2761	2736vehicle charging station may have separate price schedules conditioned on a subscription or
2762	2762	2737membership.
2763	2763	2738 (l) The owner or operator of a commercial electric vehicle charging station or a designee
2764	2764	2739shall disclose on an ongoing basis to federal or state entities, or other publicly available database
2765	2765	2740designated by the division in consultation with the department of energy resources, data
2766	2766	2741pertaining to each registered device, including the device's operating status, precise geographic
2767	2767	2742location, hours of operation, charging level, hardware compatibility, schedule of fees, accepted 130 of 150
2768	2768	2743methods of payment and the amount of network roaming charges for nonmembers, if any, or any
2769	2769	2744information determined by the division necessary for disclosure.
2770	2770	2745 SECTION 146. Chapter 112 of the General Laws, as appearing in the 2022 Official
2771	2771	2746Edition, is hereby amended by striking out section 9, and inserting in place thereof the following
2772	2772	2747section:-
2773	2773	2748 Section 9. (a) An applicant for limited registration under this section may, upon payment
2774	2774	2749of a fee to be determined annually by the secretary of administration and finance under section
2775	2775	27503B of chapter 7, be registered by the board as an intern, fellow, or medical officer for such time
2776	2776	2751as it may subscribe if the applicant furnishes the board with satisfactory proof of the following:
2777	2777	2752 (i) The applicant is at least 18 years of age and of good moral character.
2778	2778	2753 (ii) (1) The applicant has creditably completed 2 years of a premedical course of study
2779	2779	2754at an accredited college or university and not less than 3 ½ years of study in a legally chartered
2780	2780	2755medical school having the power to grant degrees in medicine; or (2) if not enrolled in or a
2781	2781	2756graduate of a legally chartered medical school in the United States or Canada, the applicant is the
2782	2782	2757holder of a standard certificate granted after an examination by the Education Council for
2783	2783	2758Foreign Medical Graduates, unless granted an exemption by the board; or (3) the applicant has
2784	2784	2759completed a minimum of 2 years of premedical education at an accredited college or university
2785	2785	2760of the United States, Canada or Puerto Rico and if the applicant has studied medicine in a
2786	2786	2761medical school outside the United States, Canada or Puerto Rico that is recognized by the World
2787	2787	2762Health Organization, has completed all the formal requirements for the degree corresponding to
2788	2788	2763doctor of medicine, except internship and social service and has completed 1 year of clinical 131 of 150
2789	2789	2764clerkship approved by the liaison committee on medical education of the American Medical
2790	2790	2765Association.
2791	2791	2766 (iii) The applicant has been appointed as an intern, fellow or medical officer in a hospital
2792	2792	2767or other institution of the commonwealth, or of a county or municipality thereof; in a hospital or
2793	2793	2768clinic which is incorporated under the laws of the commonwealth or in a clinic which is affiliated
2794	2794	2769with a hospital licensed by the department of public health under authority of section 71 of
2795	2795	2770chapter 111; in an outpatient clinic operated by the department of mental health; in the
2796	2796	2771department of public health for duty in clinics or in programs operated or approved by the
2797	2797	2772department of public health; or in programs approved by the board of registration in medicine in
2798	2798	2773the commonwealth and leading toward certification by specialty boards recognized by the
2799	2799	2774American Medical Association.
2800	2800	2775 (iv) The applicant has applied to participate in the medical assistance program
2801	2801	2776administered by the secretary of health and human services in accordance with chapter 118E and
2802	2802	2777Title XIX of the Social Security Act and any federal demonstration or waiver relating to the
2803	2803	2778medical assistance program for the limited purpose of ordering and referring services covered
2804	2804	2779under the program if regulations governing such limited participation are promulgated under
2805	2805	2780section 37 of chapter 118E.
2806	2806	2781 Such limited registration shall entitle the applicant to practice medicine only in the
2807	2807	2782hospital, institution, clinic or program designated on the applicant’s certificate of limited
2808	2808	2783registration, or outside such hospital, institution, clinic or program for the treatment, under the
2809	2809	2784supervision of one of its medical officers who is a duly registered physician, of persons accepted
2810	2810	2785by such hospital, institution, clinic or program as patients, or in any hospital, institution, clinic or 132 of 150
2811	2811	2786program affiliated for training purposes with the hospital, institution, clinic or program
2812	2812	2787designated on such certificate, which affiliation is approved by the board and in any case under
2813	2813	2788regulations established by such hospital, institution, clinic or program. The name of any hospital,
2814	2814	2789institution, clinic or program so affiliated and so approved shall also be indicated on such
2815	2815	2790certificate. Limited registration under this section may be revoked at any time by the board.
2816	2816	2791 (b) Notwithstanding the other provisions of this section, an internationally-trained
2817	2817	2792physician who has been licensed or is otherwise authorized to practice medicine in a country
2818	2818	2793other than the United States shall be eligible to apply for a limited license to practice medicine
2819	2819	2794for a renewable 1-year term after satisfying the criteria in below paragraph (iii), provided,
2820	2820	2795however, that such limited registration shall provide a pathway for the issuance of a full
2821	2821	2796unrestricted license to practice medicine in accordance with, and upon satisfaction of, the criteria
2822	2822	2797in below paragraph (v).
2823	2823	2798 (i) Definitions. For the purposes of this subsection, the following terms shall have the
2824	2824	2799following meanings, unless the context clearly requires otherwise:-
2825	2825	2800 “Commission”, the Educational Commission for Foreign Medical Graduates.
2826	2826	2801 “Internationally-trained physician”, a physician who has received a degree of doctor of
2827	2827	2802medicine or its equivalent from a legally chartered medical school outside the United States
2828	2828	2803recognized by the World Health Organization, who has been licensed or is otherwise authorized
2829	2829	2804to practice medicine in a country other than the United States, and who has practiced medicine
2830	2830	2805for at least one year.
2831	2831	2806 “Licensing Exam”, the United States Medical Licensing Examination. 133 of 150
2832	2832	2807 “Massachusetts physician shortage area”, a geographic region or population in the
2833	2833	2808commonwealth experiencing a shortage of physicians, especially primary care physicians or
2834	2834	2809psychiatrists, relative to population and need.
2835	2835	2810 “Participating healthcare facility”, a federally-qualified health center, community health
2836	2836	2811center, hospital or other healthcare facility approved by the board that provides an assessment
2837	2837	2812and evaluation program designed to develop, assess and evaluate an internationally-trained
2838	2838	2813physician’s on-clinical skills, according to criteria developed or approved by the board; provided,
2839	2839	2814however, that the participating healthcare facility provides medical care in a Massachusetts
2840	2840	2815physician shortage area.
2841	2841	2816 (ii) For the purposes of this subsection, the Massachusetts health care workforce center
2842	2842	2817or its equivalent in the department of public health shall assist the board in determining the
2843	2843	2818regions or populations comprising a Massachusetts physician shortage area.
2844	2844	2819 (iii) The board shall issue a limited license to an applicant if the participating facility and
2845	2845	2820the applicant submit evidence acceptable to the board that the applicant: (A) is an internationally-
2846	2846	2821trained physician; (B) has a valid certificate issued by the commission or other credential
2847	2847	2822evaluation service approved by the board, provided, however, that the board may waive such
2848	2848	2823certification at its discretion where the applicant is unable to obtain the required documentation
2849	2849	2824from a non-cooperating country; (C) has achieved a passing score on Step 1 and Step 2-Clinical
2850	2850	2825Knowledge of the Licensing Exam; (D) has entered into an agreement with the participating
2851	2851	2826facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity
2852	2852	2827with non-clinical skills and standards appropriate for medical practice in the commonwealth,
2853	2853	2828according to assessment and evaluation criteria developed or approved by the board; (E) shall 134 of 150
2854	2854	2829enter a full-time full employment relationship with the participating facility after the board issues
2855	2855	2830a limited license to practice medicine to the applicant; and (F) has satisfied other criteria that
2856	2856	2831may be developed by the board in fulfillment of this subsection.
2857	2857	2832 (iv) The 1-year limited license may not be renewed more than once.
2858	2858	2833 (v) An internationally-trained physician who provides the board with proof of (A)
2859	2859	2834successful completion of the participating facility’s assessment and evaluation program, (B) a
2860	2860	2835passing score on Step 3 of the Licensing Exam and (C) any additional prerequisites that the
2861	2861	2836board may require, shall be eligible to apply for a renewable 2-year restricted license to practice
2862	2862	2837medicine only in a Massachusetts physician shortage area designated by the board; provided,
2863	2863	2838however, that any additional prerequisites for eligibility shall not include post-graduate clinical
2864	2864	2839training, and that the restricted license shall authorize the holder to practice independently in a
2865	2865	2840primary care specialty, psychiatry or other specialty approved by the board. After 2 years of
2866	2866	2841restricted practice, the internationally-trained physician shall be eligible to apply for a full,
2867	2867	2842unrestricted license to practice medicine. The 2-year restricted license may not be renewed more
2868	2868	2843than once.
2869	2869	2844 SECTION 147. Section 2 of chapter 128 of the General Laws, as so appearing, is hereby
2870	2870	2845amended by striking out, in line 78, the word “October” and inserting in place thereof the
2871	2871	2846following word:- “December”.
2872	2872	2847 SECTION 148. Section 19A of chapter 138 of the General Laws, as so appearing, is
2873	2873	2848hereby amended by striking out, in line 3, the words “19C or 19D,” and inserting in place thereof
2874	2874	2849the following words:- “19C, 19D, or 19E.” 135 of 150
2875	2875	2850 SECTION 149. Subsection (a) of section 4 of chapter 142A of the General Laws, as so
2876	2876	2851appearing, is hereby amended by striking out, in line 5, the word “two” and inserting in place
2877	2877	2852thereof the following figure:- 5.
2878	2878	2853 SECTION 150. Section 5 of said chapter 142A, as so appearing, is hereby amended by
2879	2879	2854inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to
2880	2880	2855section 4.
2881	2881	2856 SECTION 151. Said section 5 of said chapter 142A, as so appearing, is hereby further
2882	2882	2857amended by striking out, in lines 9 to 13, the words “owner has exhausted all customary and
2883	2883	2858reasonable efforts to collect the judgment but the contractor has filed for bankruptcy, fled the
2884	2884	2859jurisdiction or the owner is otherwise unable to collect such judgment after execution” and
2885	2885	2860inserting in place thereof the following words:- contractor has failed to pay the judgment or
2886	2886	2861award and the director has determined that reasonable efforts to collect have been made.
2887	2887	2862 SECTION 152. Section 7 of said chapter 142A, as so appearing, is hereby amended by
2888	2888	2863striking out the first paragraph and inserting in place thereof the following paragraph:-
2889	2889	2864 An owner may make a claim to the fund only if the owner has complied with section 3,
2890	2890	2865has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7
2891	2891	2866years from the date of the contract, the contractor has failed to pay the judgment or award, and
2892	2892	2867the director has determined that reasonable efforts to collect have been made.
2893	2893	2868 SECTION 153. Said section 7 of said chapter 142A, as so appearing, is hereby further
2894	2894	2869amended by striking out the third paragraph and inserting in place thereof the following
2895	2895	2870sentence:- “The director shall issue regulations for the administration of the fund, including, but
2896	2896	2871not limited to, the maximum amount that may be paid from the fund in connection with any 136 of 150
2897	2897	2872single claim; provided, however, that no payment from the fund shall exceed an owner’s actual
2898	2898	2873loss as determined at the discretion of the director.”
2899	2899	2874 SECTION 154. Section 9 of said chapter 142A of the General Laws, as so appearing, is
2900	2900	2875hereby amended by inserting, after subsection (d), the following:-
2901	2901	2876 (e) Prior to approving any application for registration or renewal conforming to the
2902	2902	2877 requirements of this chapter, the director shall refer identifying information regarding an
2903	2903	2878 applicant to the department of criminal justice information services, which shall obtain
2904	2904	2879criminal offender record information but shall transmit to the director only information regarding
2905	2905	2880any conviction of the applicant of gross fraud or cheat as defined by section 76 of chapter 266.
2906	2906	2881 SECTION 155. Said chapter 142A is hereby further amended by striking out section 15.
2907	2907	2882 SECTION 156. Section 17 of said chapter 142A, as appearing in the 2022 Official
2908	2908	2883Edition, is hereby amended by striking out clause (17) and inserting in place thereof the
2909	2909	2884following 4 clauses:-
2910	2910	2885 (17) engaging in gross fraud or cheat as defined by section 76 of chapter 266;
2911	2911	2886 (18) had a license, certificate, registration or authority issued by another state or territory
2912	2912	2887of the United States, the District of Columbia or a foreign state or nation with authority to issue
2913	2913	2888such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or
2914	2914	2889otherwise acted against, or if the holder has been disciplined, if the basis for the action would
2915	2915	2890constitute a basis for disciplinary action in the commonwealth; 137 of 150
2916	2916	2891 (19) failing to repay the fund in full, including the appropriate amount of annual interest,
2917	2917	2892for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or
2918	2918	2893 (20) violating any other provision of this chapter.
2919	2919	2894 SECTION 157. Said section 17 of said chapter 142A, as so appearing, is hereby further
2920	2920	2895amended by adding the following paragraph:-
2921	2921	2896 For purposes of this section, the conduct of a contractor or subcontractor shall be deemed
2922	2922	2897to include the conduct of their agents, employees, salespersons or subcontractors, whether or not
2923	2923	2898an express relationship exists, if the work or activities is within the scope of the contract and not
2924	2924	2899for additional work beyond the contract undertaken by separate agreement with the owner.
2925	2925	2900 SECTION 158. Section 18 of said chapter 142A, as so appearing, is hereby amended in
2926	2926	2901the first paragraph by adding the following sentence:- The director may also enter into a consent
2927	2927	2902agreement with a registrant to impose 1 or more administrative penalties, including, but not
2928	2928	2903limited to, voluntary revocation of the registration.
2929	2929	2904 SECTION 159. Chapter 147 of the General Laws is hereby amended by repealing
2930	2930	2905sections 32 to 51, inclusive.
2931	2931	2906 SECTION 160. Subsection (4) of section 25Q of chapter 152 of the General Laws, as so
2932	2932	2907appearing, is hereby amended by adding the following sentence:-
2933	2933	2908 Subsection (1) shall not apply to groups that have been in existence for at least 5 years
2934	2934	2909and have established a premium payment plan acceptable to the commissioner.
2935	2935	2910 SECTION 161. Section 3 of chapter 176J of the General Laws, as so appearing, is hereby
2936	2936	2911amended after paragraph (d) by inserting the following new paragraph:- 138 of 150
2937	2937	2912 (e) Notwithstanding this chapter or any other general or special law to the contrary, a
2938	2938	2913carrier may annually offer small groups a reward or other incentive designed to promote job
2939	2939	2914growth and job retention among small businesses. The amount of such rewards shall be
2940	2940	2915determined by the carrier based upon differences in the cost of administering a plan due to the
2941	2941	2916size of the small group. Any reward established pursuant to this subsection shall be submitted to
2942	2942	2917the commissioner for informational purposes prior to the payment of any such reward. The
2943	2943	2918requirements to qualify for such reward shall be applied equally and consistently to all small
2944	2944	2919group purchasers, treating all similarly situated purchasers that have qualified for the reward in
2945	2945	2920the same manner.
2946	2946	2921 SECTION 162. Said chapter 176J of the General Laws, as so appearing, is hereby further
2947	2947	2922amended by inserting after section 13 the following new section:-
2948	2948	2923 Section 13A. The annual rewards or other incentives authorized by subsection (d) of
2949	2949	2924section 13 of this chapter may also be based upon increased efficiencies in a carrier’s
2950	2950	2925administration of health plans offered through the cooperative resulting from the group purchase
2951	2951	2926of said plans, or upon the use of transparency tools by the cooperative to control healthcare costs
2952	2952	2927for members or to educate members regarding proper utilization.
2953	2953	2928 SECTION 163. Section 85W of chapter 231 of the General Laws, as so appearing, is
2954	2954	2929hereby amended by inserting after the word “compensation”, in line 2, the following words:- in
2955	2955	2930excess of $500 per year.
2956	2956	2931 SECTION 164. Section 9 of chapter 265 of the General Laws, as so appearing, is hereby
2957	2957	2932amended by striking the words “sections thirty-two to fifty, inclusive, of chapter one hundred 139 of 150
2958	2958	2933and forty-seven” and inserting in place thereof the following:- “sections 4 to 23, inclusive, of
2959	2959	2934chapter 23O”.
2960	2960	2935 SECTION 165. Section 10 of said chapter 265, as so appearing, is hereby amended by
2961	2961	2936striking the words “sections thirty-two to fifty, inclusive, of chapter one hundred and forty-
2962	2962	2937seven” and inserting in place thereof the following:- “sections 4 to 23, inclusive, of chapter
2963	2963	293823O”.
2964	2964	2939 SECTION 166. Section 12 of said chapter 265, as so appearing, is hereby amended by
2965	2965	2940striking the words “sections 32 to 50A, inclusive, of chapter 147,” and inserting in place thereof
2966	2966	2941the following:- “sections 4 to 23, inclusive, of chapter 23O”.
2967	2967	2942 SECTION 167. Section 1 of chapter 270 of the General Laws, as so appearing, is hereby
2968	2968	2943amended by striking out, in lines 2 and 3, the following:- “grains of paradise.”
2969	2969	2944 SECTION 168. Section 10 of chapter 498 of the Acts of 1993, as amended by section
2970	2970	2945142 of chapter 268 of the Acts of 2022, is hereby further amended in the ninth paragraph by
2971	2971	2946striking out the last sentence.
2972	2972	2947 SECTION 169. Said section 10 of chapter 498 of the Acts of 1993, as so appearing, is
2973	2973	2948hereby further amended by inserting at the end the following paragraph:-
2974	2974	2949 Notwithstanding the provisions of any general or special law to the contrary, and
2975	2975	2950notwithstanding any provision to the contrary in the Devens Reuse Plan or By-laws: (i) there
2976	2976	2951shall be no square foot limit or cap on the amount of commercial or industrial development that
2977	2977	2952may occur within Devens; and (ii) there shall be no limit or cap on the number of residential
2978	2978	2953units that may be developed within Devens. Nothing in the foregoing sentence shall modify 140 of 150
2979	2979	2954other provisions of the By-Laws regulating the development of housing within Devens or
2980	2980	2955requiring the issuance of development permits by the Devens Enterprise Commission for specific
2981	2981	2956projects.
2982	2982	2957 SECTION 170. Section 40 of chapter 179 of the Acts of 2022 is hereby repealed.
2983	2983	2958 SECTION 171. (a) There shall be a working group, to be called the Special Working
2984	2984	2959Group on Youth Sports, for the purpose of conducting an investigation and study of the current
2985	2985	2960state of youth sports, as defined in section 1 of chapter 23O of the General Laws. The working
2986	2986	2961group shall study and make recommendations relative to the regulation of such youth sports
2987	2987	2962including, but not limited to: (i) maximum participation hours per youth sport in a defined period
2988	2988	2963of time; (ii) licensing of businesses and coaches, including licensing fees and the conditions
2989	2989	2964under which any such licensing fee may be waived to promote access to participation; and (iv)
2990	2990	2965standards for player safety, including concussion protocols and athletic trainer requirements. The
2991	2991	2966working group shall conduct at least 3 public hearings.
2992	2992	2967 (b) The working group shall consist of the chair of the Massachusetts state athletic
2993	2993	2968commission, who shall serve as chair of the working group; 2 members to be appointed by the
2994	2994	2969senate president; and 2 members to be appointed by the speaker of the house of representatives.
2995	2995	2970Members of the working group shall not be compensated for their service.
2996	2996	2971 (c) The working group shall report to the general court and the Massachusetts state
2997	2997	2972athletic commission the results of its investigation and study and its recommendations, together
2998	2998	2973with drafts of regulations to be promulgated by the commission and legislation necessary to carry
2999	2999	2974its recommendations into effect, if any, by filing the same with the commission, the clerks of the
3000	3000	2975senate and house of representatives, the chairs of the joint committee on economic development 141 of 150
3001	3001	2976and emerging technologies and the chairs of the joint committee on health care financing not
3002	3002	2977later than 120 days after the third public hearing conducted by the working group.
3003	3003	2978 SECTION 172. Within 30 days after the effective date of this act, the secretary of
3004	3004	2979economic development and the secretary of housing of livable communities shall convene a
3005	3005	2980working group that includes representatives from the towns of Ayer, Harvard and Shirley, the
3006	3006	2981Massachusetts Development Finance Agency and the Devens Committee to determine a strategy
3007	3007	2982and plan to provide for increased housing production within Devens, including, but not limited
3008	3008	2983to, the feasibility of allowing up to 400 multi-family residential units in the Innovation and
3009	3009	2984Technology Center zoning district established by Article V(A)(13) of the By-laws. The
3010	3010	2985secretaries of economic development and housing and livable communities shall report the
3011	3011	2986findings of the working group within 180 days after the effective date of this act.
3012	3012	2987 SECTION 173. (a) The Massachusetts gaming commission established pursuant to
3013	3013	2988chapter 23K of the General Laws, hereinafter referred to as the commission, shall review the
3014	3014	2989economic and employment performance of its licensees and identify strategies and policy
3015	3015	2990updates to maximize revenue and employment opportunities in the industry. Said review shall
3016	3016	2991also consider, but not be limited to: (i) the negative or positive implications to the integrity of the
3017	3017	2992Commonwealth’s revenue generation and estimates thereto as a result of the prospective
3018	3018	2993operation of a sovereign nation tribal facility, permitted under the provisions of the United States
3019	3019	2994Indian Gaming Regulatory Act in region C, as defined by said chapter 23K; and (ii) the revenue
3020	3020	2995impacts of competitor state gaming industry facilities on the Massachusetts industry with
3021	3021	2996estimates thereto, inclusive of the racing and simulcast industries. 142 of 150
3022	3022	2997 (b) The commission shall report its findings together with recommended legislative
3023	3023	2998changes, if any, as well as accompanying revenue and employment generation estimates
3024	3024	2999associated with its legislative recommendations to the governor, the attorney general, the speaker
3025	3025	3000of the house of representatives, the president of the senate, the chairs of the joint committee on
3026	3026	3001economic development and emerging technologies and the clerks of the house and senate not
3027	3027	3002later than October 1, 2025.
3028	3028	3003 SECTION 174. (a) There shall be within the executive office of economic development a
3029	3029	30045-year pilot surety bond assistance program to encourage the participation of economically and
3030	3030	3005socially disadvantaged businesses in bidding for and securing contracts for capital projects. The
3031	3031	3006program may include, but is not limited to:
3032	3032	3007 (1) providing technical assistance to eligible contractors to secure surety bonds;
3033	3033	3008 (2) providing financial assistance to guarantee surety bonds required on behalf of the
3034	3034	3009commonwealth or on behalf of any county, city, town, district or other political subdivision of
3035	3035	3010the commonwealth or other public instrumentality for the construction, reconstruction, alteration,
3036	3036	3011remodeling, repair or demolition of public buildings or other public works.
3037	3037	3012 (b) The executive office shall establish eligibility requirements and other program terms
3038	3038	3013for the program through regulations or program guidelines; provided, however that such
3039	3039	3014eligibility requirements shall endeavor to direct the financial assistance provided by the program
3040	3040	3015to ensure fair participation of businesses owned by persons from socially and economically
3041	3041	3016disadvantaged groups for whom access to capital facility projects and state assisted building
3042	3042	3017projects in the commonwealth has been historically limited. The executive office may administer 143 of 150
3043	3043	3018this program through 1 or more contracts with the Massachusetts Development Finance Agency
3044	3044	3019or Massachusetts Growth Capital Corporation.
3045	3045	3020 (c) Not later than December 31, the executive office shall provide an annual report on its
3046	3046	3021website detailing the activities of the program, including, but not limited to, an analysis of the
3047	3047	3022provision of technical and financial assistance services and its impact on increasing access and
3048	3048	3023participation in capital projects for historically disadvantaged groups. The report shall be made
3049	3049	3024public on its website.
3050	3050	3025 (d) The secretary of economic development may promulgate regulations or program
3051	3051	3026guidelines necessary to implement this section.
3052	3052	3027 (e) Implementation of this section shall be subject to the United States Treasury’s
3053	3053	3028approval to use federal funding for the purposes described herein.
3054	3054	3029 SECTION 175. (a) For purposes of this section, the following words shall have the
3055	3055	3030following meanings, unless the context clearly requires otherwise:-
3056	3056	3031 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order,
3057	3057	3032excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
3058	3058	3033building permit or other approval or determination of rights from any municipal, regional or state
3059	3059	3034governmental entity, including any agency, department, commission or other instrumentality
3060	3060	3035thereof, concerning the use or development of real property, and any environmental permit,
3061	3061	3036including certificates, licenses, certifications, determinations, exemptions, variances, waivers,
3062	3062	3037building permits or other approvals or determinations of rights issued or made under chapter 21
3063	3063	3038of the General Laws; chapter 21A of the General Laws except section 16 of said chapter 21A;
3064	3064	3039chapter 21D of the General Laws; section 3B of chapter 21E of the General Laws; sections 61 to 144 of 150
3065	3065	304062L, inclusive, of chapter 30 of the General Laws; chapter 30A of the General Laws; chapter 40
3066	3066	3041of the General Laws; chapters 40A to 40C, inclusive, of the General Laws; chapter 40R of the
3067	3067	3042General Laws; chapter 40Y of the General Laws; chapter 41 of the General Laws; chapter 43D
3068	3068	3043of the General Laws; section 21 of chapter 81 of the General Laws; chapter 91 of the General
3069	3069	3044Laws; chapter 131 of the General Laws; chapter 131A of the General Laws; chapter 143 of the
3070	3070	3045General Laws; sections 4 and 5 of chapter 249 of the General Laws; chapter 258 of the General
3071	3071	3046Laws; or chapter 665 of the Acts of 1956 or any local by-law or ordinance.
3072	3072	3047 “Development”, division of a parcel of land into 2 or more parcels, the construction,
3073	3073	3048reconstruction, conversion, structural alteration, relocation or enlargement of a building or other
3074	3074	3049structure or facility or any grading, soil removal or relocation, excavation or landfill or any use
3075	3075	3050or change in the use of any building or other structure or land or extension of the use of land.
3076	3076	3051 “Tolling period”, the period from January 1, 2023 to January 1, 2026, inclusive.
3077	3077	3052 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or
3078	3078	3053existence during the tolling period shall be extended for a period of 3 years in addition to the
3079	3079	3054lawful term of the approval.
3080	3080	3055 (2) Nothing in this section shall extend or purport to extend: (i) a permit or approval
3081	3081	3056issued by the United States government or an agency or instrumentality thereof or a permit or
3082	3082	3057approval of which the duration of effect or the date or terms of its expiration are specified or
3083	3083	3058determined under a law or regulation of the United States government or an agency or
3084	3084	3059instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of
3085	3085	3060fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination,
3086	3086	3061exemption, certification, statement of qualification or any other administrative action by the 145 of 150
3087	3087	3062department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter
3088	3088	306325A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any
3089	3089	3064agreement entered into by the Massachusetts Department of Transportation or the Massachusetts
3090	3090	3065Bay Transportation Authority or any permit, license or approval issued by the department or
3091	3091	3066authority relating to the sale, acquisition or lease or development of real property owned in
3092	3092	3067whole or in part by the department or authority or the sale, acquisition, lease or development of
3093	3093	3068any interest therein related to such real property pursuant to chapter 6C or chapter 161A of the
3094	3094	3069General Laws; or (v) any enforcement order, consent decree or settlement agreement.
3095	3095	3070 (3) Nothing in this section shall affect the ability of a municipal, regional or state
3096	3096	3071governmental entity, including an agency, department, commission or other instrumentality
3097	3097	3072thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or
3098	3098	3073approval under this section, when that specific permit or approval or the law or regulation under
3099	3099	3074which the permit or approval was issued contains language authorizing the modification or
3100	3100	3075revocation of the permit or approval.
3101	3101	3076 (4) If an approval tolled under this section is based upon the connection to a sanitary
3102	3102	3077sewer system, the approval's extension shall be contingent upon the availability of sufficient
3103	3103	3078capacity, on the part of the treatment facility, to accommodate the development for whose
3104	3104	3079approval has been extended. If sufficient capacity is not available, then those permit holders
3105	3105	3080whose approvals have been extended shall have priority with regard to the further allocation of
3106	3106	3081gallonage over those permit holders who have not received approval of a hookup prior to the
3107	3107	3082effective date of this section. Priority regarding the distribution of further gallonage to a permit
3108	3108	3083holder who has received the extension of an approval under this section shall be allocated in
3109	3109	3084order of the granting of the original approval of the connection. 146 of 150
3110	3110	3085 (5) If an owner or petitioner sells or otherwise transfers a property or project in order for
3111	3111	3086an approval to receive an extension all commitments made by the original owner or petitioner
3112	3112	3087under the terms of the permit must be assigned to and assumed by the new owner or petitioner. If
3113	3113	3088the new owner or petitioner does not meet or abide by such commitments, then the approval shall
3114	3114	3089not be extended under this section.
3115	3115	3090 (6) Nothing in this section shall be construed or implemented in such a way as to modify
3116	3116	3091a requirement of law that is necessary to retain federal delegation to or assumption by the
3117	3117	3092commonwealth of the authority to implement a federal law or program.
3118	3118	3093 (7) Any project covered by approval in effect during the tolling period shall be governed
3119	3119	3094by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the
3120	3120	3095granting of the approval, unless the owner or petitioner of such project elects to waive the
3121	3121	3096provisions of this section.
3122	3122	3097 SECTION 176. The Massachusetts clean energy technology center, in consultation with
3123	3123	3098the executive office of economic development, shall set benchmarks for the climatetech tax
3124	3124	3099incentive program established in section 16 of chapter 23J of the General Laws. After the
3125	3125	3100program has been in effect for 5 years, the center, in consultation with the executive office of
3126	3126	3101economic development, shall conduct an evaluation of the program by comparing climatetech
3127	3127	3102advancements in the commonwealth against said benchmarks. The center shall review progress
3128	3128	3103made towards the goals of developing and expanding climatetech industry-related employment
3129	3129	3104opportunities and climatetech-related economic development by supporting and stimulating
3130	3130	3105research, development, innovation, manufacturing, deployment and commercialization in the
3131	3131	3106climatetech sector. The center shall submit a written report with the clerks of the house of 147 of 150
3132	3132	3107representatives and the senate, the house and senate committees on ways and means, the joint
3133	3133	3108committee on economic development and emerging technologies, the joint committee on
3134	3134	3109telecommunications, utilities and energy, the joint committee on environment and natural
3135	3135	3110resources and the joint committee on agriculture not later than December 31, 2029.
3136	3136	3111 SECTION 177. The Massachusetts office of business development, in conjunction with
3137	3137	3112the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to
3138	3138	3113subsection (dd) of section 6 of chapter 62 of the General Laws and section 38NN of chapter 63
3139	3139	3114of the General Laws and shall submit the report to the clerks of the house of representatives and
3140	3140	3115the senate, the house and senate committees on ways and means and the joint committee on
3141	3141	3116economic development and emerging technologies not later than December 31 of the fourth tax
3142	3142	3117year in which the live theater tax credit is available. The office and commissioner shall
3143	3143	3118collaborate with the live theater industry to collect the relevant data for the report. Said report
3144	3144	3119shall include data to assess the direct and indirect economic impacts of the live theater tax credit
3145	3145	3120on the economy of the commonwealth, including estimates of theater tickets sales to domestic
3146	3146	3121and international visitors, spending by live theater productions on adjacent businesses, wages
3147	3147	3122paid for setting up and taking down productions, and impacts on businesses in proximity to
3148	3148	3123theaters, including hotels and restaurants.
3149	3149	3124 SECTION 178. Notwithstanding any general or special law to the contrary, the
3150	3150	3125unexpended and unencumbered balances of the bond-funded authorizations in the following
3151	3151	3126accounts shall cease to be available for expenditure 180 days after the effective date of this act:
3152	3152	31277002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020,
3153	3153	31287002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035,
3154	3154	31297002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055, 7002-8065. 148 of 150
3155	3155	3130 SECTION 179. Notwithstanding any general or special law to the contrary, to meet the
3156	3156	3131expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon
3157	3157	3132receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to
3158	3158	3133be specified by the governor from time to time but not exceeding, in the aggregate,
3159	3159	3134$1,925,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on
3160	3160	3135their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” and shall be
3161	3161	3136issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
3162	3162	3137the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution;
3163	3163	3138provided, however, that all such bonds shall be payable not later than June 30, 2059. All interest
3164	3164	3139and payments on account of principal on such obligations shall be payable from the General
3165	3165	3140Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
3166	3166	3141any other provision of this act, be general obligations of the commonwealth.
3167	3167	3142 SECTION 180. Notwithstanding any general or special law to the contrary, to meet the
3168	3168	3143expenditures necessary in carrying out section 2C, the state treasurer shall, upon receipt of a
3169	3169	3144request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
3170	3170	3145by the governor from time to time but not exceeding, in the aggregate $900,000,000 . All bonds
3171	3171	3146issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to
3172	3172	3147Strengthening Massachusetts’ Economic Leadership ,” and shall be issued for a maximum term
3173	3173	3148of years, not exceeding 30 years, as the governor may recommend to the general court pursuant
3174	3174	3149to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all
3175	3175	3150such bonds shall be payable not later than June 30, 2064. All interest and payments on account of
3176	3176	3151principal on such obligations shall be payable from the General Fund. Bonds and interest thereon 149 of 150
3177	3177	3152issued under the authority of this section shall, notwithstanding any other provision of this act, be
3178	3178	3153general obligations of the commonwealth.
3179	3179	3154 SECTION 181. Pursuant to section 145, a commercial electric vehicle charging station
3180	3180	3155operating in the commonwealth shall be required to register with the division of standards no
3181	3181	3156later than January 1, 2026.
3182	3182	3157 SECTION 182. Section 31 of this act and subsection (dd) of section 2 of chapter 62 as
3183	3183	3158inserted by section 122 of this act shall take effect for taxable years beginning on or after January
3184	3184	31591, 2024
3185	3185	3160 SECTION 183. Subsection (gg) of section 2 of chapter 62 as inserted by section 122 of
3186	3186	3161this act and section 38RR of chapter 63 as inserted by section 142 of this act shall take effect for
3187	3187	3162taxable years beginning on or after January 1 of the first year following a fiscal year which
3188	3188	3163closes with a consolidated net surplus of at least $400,000,000 pursuant to section 5C of chapter
3189	3189	316429 of the General Laws. Annually, not later than 30 days after the comptroller certifies the
3190	3190	3165amount of the consolidated net surplus pursuant to said section 5C of said chapter 29, the
3191	3191	3166commissioner of revenue shall certify to the secretary of administration and finance whether said
3192	3192	3167subsection (gg) of said section 2 of said chapter 62 as inserted by said section 122 of this act and
3193	3193	3168said section 38RR of said chapter 63 as inserted by said section 142 of this act will take effect
3194	3194	3169pursuant to this section; provided, however, that no such certification by the commissioner of
3195	3195	3170revenue shall be required in any year after said subsection (gg) of said section 2 of said chapter
3196	3196	317162 as inserted by said section 122 of this act and said section 38RR of said chapter 63 as inserted
3197	3197	3172by said section 142 of this act take effect.
3198	3198	3173 SECTION 184. Section 31 is hereby repealed.    150 of 150
3199	3199	3174 SECTION 185. Subsection (dd) of section 2 of chapter 62 as inserted by section 122 of
3200	3200	3175this act and section 38NN of chapter 63 as inserted by section 142 of this act are hereby
3201	3201	3176repealed.
3202	3202	3177 SECTION 186. Section 184 shall take effect on January 1 of the sixth tax year following
3203	3203	3178the effective date of section 31 of this act.
3204	3204	3179 SECTION 187. Section 185 shall take effect on January 1 of the eleventh tax year
3205	3205	3180following the effective date of section 31 of this act.
3206	3206	3181 SECTION 188. Subsection (gg) of section 2 of chapter 62 as inserted by section 122 of
3207	3207	3182this act and section 38RR of chapter 63 as inserted by section 142 of this act are hereby repealed.
3208	3208	3183 SECTION 189. Section 188 shall take effect on January 1 of the sixth tax year following
3209	3209	3184the effective date of subsection (gg) of section 2 of chapter 62 as inserted by section 122 of this
3210	3210	3185act and section 38RR of chapter 63 as inserted by section 142 of this act, as determined pursuant
3211	3211	3186to section 183.
3212	3212	3187 SECTION 190. Sections 79; 116; 117; subsections (ee) and (ff) of section 2 of chapter 62
3213	3213	3188as inserted by section 122; sections 38NN, 38OO, 38PP, 38QQ of chapter 63 as inserted by
3214	3214	3189section 142; and section 144 of this act shall apply to tax years beginning on or after January 1,
3215	3215	31902024.