Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4790 Compare Versions

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1	1	HOUSE . . . . . . . No. 4790
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4	HOUSE OF REPRESENTATIVES, June 25, 2024.
5	5	The committee on Ways and Means, to whom was referred the message
6	6	from Her Excellency the Governor recommending legislation making
7	7	appropriations for the fiscal year 2024 to provide for supplementing certain
8	8	existing appropriations and for certain other activities and projects (House,
9	9	No. 4496), reports, in part, recommending that the accompanying bill ought
10	10	to pass (House, No. 4790) [Total Appropriation: $558,065,809.00].
11	11	For the committee,
12	12	AARON MICHLEWITZ.
13	13	1 of 27
14	14	FILED ON: 6/25/2024
15	15	HOUSE . . . . . . . . . . . . . . . No. 4790
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act making appropriations for the fiscal year 2024 to provide for supplementing certain
22	22	existing appropriations and for certain other activities and projects.
23	23	Whereas, The deferred operation of this act would tend to defeat its purposes, which are
24	24	to make supplemental appropriations for fiscal year 2024 and to make certain changes in law,
25	25	each of which is immediately necessary to carry out those appropriations or to accomplish other
26	26	important public purposes, therefore it is hereby declared to be an emergency law, necessary for
27	27	the immediate preservation of the public convenience.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. To provide for supplementing certain items in the general appropriation act
31	31	2and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
32	32	3appropriated from the General Fund, the Transitional Escrow Fund established in section 16 of
33	33	4chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, or the
34	34	5federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws
35	35	6unless specifically designated otherwise in this act or in those appropriation acts, for the several
36	36	7purposes and subject to the conditions specified in this act or in those appropriation acts, and
37	37	8subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30,
38	38	92024. These sums shall be in addition to any amounts previously appropriated and made 2 of 27
39	39	10available for the purposes of those items. These sums shall be made available through the fiscal
40	40	11year ending June 30, 2025.
41	41	12 SECTION 2.
42	42	13 SECRETARY OF THE COMMONWEALTH
43	43	14 0521-0000Elections Division……………………………………………..$2,834,250
44	44	15 TREASURER AND RECEIVER-GENERAL
45	45	16 Alcoholic Beverages Control Commission
46	46	17 0610-0050Alcoholic Beverages Control Commission ……………………. $232,499
47	47	18 OFFICE OF THE COMPTROLLER
48	48	19 1595-1068Medical Assistance Trust Fund……………………………. $175,548,050
49	49	20 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
50	50	21 Department of Revenue
51	51	22 1233-2000Tax Abatements for Veterans, Widows, Blind Persons, and the
52	52	23 Elderly……………………………………………………… $5,570,381
53	53	24 Reserves
54	54	25 1599-0793Critical Health and Human Services Workforce Reserve…..$61,077,257
55	55	26 1599-6073VOCA Bridge……………………………………………… $20,000,000
56	56	27 1599-9817ARPA HCBS Reserve……………………………………... $228,000,000 3 of 27
57	57	28 Operational Services Division
58	58	29 1775-0700Reprographic Services Retained Revenue…………………. $400,000
59	59	30 EXECUTIVE OFFICE OF EDUCATION
60	60	31 Department of Early Education and Care
61	61	32 3000-4060Income-Eligible Child Care………………………………... $29,672,801
62	62	33 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
63	63	34 Department of Transitional Assistance
64	64	35 4400-1004Healthy Incentives Program……………………………….. $5,100,000
65	65	36 Department of Public Health
66	66	37 4513-1002Women, Infants and Children Nutrition Services………….. $2,130,571
67	67	38 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
68	68	39 State Police
69	69	40 8100-0102Troop F Retained Revenue………………………………… $7,000,000
70	70	41 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
71	71	42alteration of purpose for current appropriations and to meet certain requirements of law, the sums
72	72	43set forth in this section are hereby appropriated from the General Fund or the Transitional
73	73	44Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4
74	74	45of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the
75	75	46several purposes and subject to the conditions specified in this section, and subject to the laws 4 of 27
76	76	47regulating the disbursement of public funds for the fiscal year ending June 30, 2024. Except as
77	77	48otherwise stated, these sums shall be made available through the fiscal year ending June 30,
78	78	492025.
79	79	50 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
80	80	51 Office of Travel and Tourism
81	81	52 7008-1776For the costs associated with celebrations of the United States’
82	82	53semiquincentennial; provided, that funds shall be made available as grants to municipalities for
83	83	54public safety, transportation and logistical costs associated with the celebration of the
84	84	55anniversary; provided further, that not less than $250,000 shall be expended for First Night
85	85	56Boston, Inc. in the city of Boston; provided further, that not less than $6,000,000 shall be
86	86	57expended for capital improvements to the Edward A. LeLacheur Park at the University of
87	87	58Massachusetts Lowell; and provided further, that not less than $250,000 shall be expended for
88	88	59Sail Boston, Inc. for the Tall Ships 2026 celebrations………………………………..$26,500,000
89	89	60 SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section
90	90	6139B, as appearing in the 2022 Official Edition, and inserting in place thereof the following
91	91	62section:-
92	92	63 Section 39B. Each state agency shall furnish the state library 1 copy of its publications,
93	93	64provided in the format in which it was created, such as print or electronic, not later than 5
94	94	65working days after creation. The state library shall make copies available for public consultation
95	95	66and for permanent historic preservation. Digitized publications shall be made available to the
96	96	67Library of Congress and to each of the state’s regional public libraries through the state library’s
97	97	68digital collections. 5 of 27
98	98	69 SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section
99	99	7022O the following section:-
100	100	71 Section 22P. (a) Notwithstanding section 39M of chapter 30 or any general or special law
101	101	72to the contrary, governmental bodies may procure electric vehicles and the installation of
102	102	73charging stations for said electric vehicles, under this chapter. The electric vehicles and the
103	103	74installation of charging stations may be procured separately or in 1 procurement. For the
104	104	75purposes of this section, electric vehicles shall be considered supplies and charging stations and
105	105	76their installation shall be considered services.
106	106	77 (b) A contract under this section shall only be awarded to a bidder: (i) possessing the
107	107	78skill, ability and integrity necessary for the faithful performance of the work; (ii) who shall
108	108	79certify that it is able to furnish labor that can work in harmony with all other elements of labor
109	109	80employed or to be employed in the work; (iii) who shall certify that all employees to be
110	110	81employed at the worksite will have successfully completed a course in construction safety and
111	111	82health approved by the United States Occupational Safety and Health Administration that is at
112	112	83least 10 hours in duration at the time the employee begins work and shall furnish documentation
113	113	84of successful completion of said course with the first certified payroll report for each employee;
114	114	85and (iv) who obtains within 10 days of the notification of contract award the security by bond
115	115	86required under section 29 of chapter 149; provided, that for the purposes of this section, the term
116	116	87“security by bond” shall mean the bond of a surety company qualified to do business under the
117	117	88laws of the commonwealth and satisfactory to the awarding authority; and provided further, that
118	118	89if there is more than 1 surety company, the surety companies shall be jointly and severally liable.
119	119	90Section 26 to 27D, inclusive, of chapter 149 shall apply to any contract entered into under this
120	120	91section. 6 of 27
121	121	92 SECTION 5. Section 1 of chapter 7C of the General Laws, as appearing in the 2022
122	122	93Official Edition, is hereby amended by striking out the definition of “Capital Facility” and
123	123	94inserting in place thereof the following definition:-
124	124	95 “Capital facility”, a public improvement such as a building or other structure; a utility,
125	125	96fire protection, and other major system and facility; a power plant facility and appurtenances; a
126	126	97heating, ventilating, air conditioning or other system; initial equipment and furnishings for a new
127	127	98building or building added to or remodeled for some other use; a public parking facility; an
128	128	99airport or port facility; a recreational improvement such as a facility or development in a park or
129	129	100other recreational facility; or any other facility which, by statute or under standards as may be
130	130	101prescribed from time to time by the commissioner of capital asset management and maintenance,
131	131	102according to this section, may be defined as such; provided, however, that a highway
132	132	103improvement such as a highway, bridge or tunnel or other structure or building integral to the
133	133	104operation of the state highway system, a transportation improvement such as a mass
134	134	105transportation or other public transit facility shall not be considered a capital facility as defined
135	135	106herein; and provided further, that an improvement in information technology shall not be a
136	136	107capital facility to the extent it does not result in the creation or expansion of tangible property.
137	137	108 SECTION 6. Section 6 of chapter 21J of the General Laws, as so appearing, is hereby
138	138	109amended by striking out, in line 4, the words “state fire marshal” and inserting in place thereof
139	139	110the following words:- commissioner of revenue.
140	140	111 SECTION 7. Section 2 of chapter 22D of the General Laws, as so appearing, is hereby
141	141	112amended by striking out, in lines 6 to 9, inclusive, the words “; a division of underground storage 7 of 27
142	142	113tanks, including the Underground Storage Tank Petroleum Product Cleanup Fund Administrative
143	143	114Review Board as established by chapter twenty-one J”.
144	144	115 SECTION 8. Section 14 of chapter 23N of the General Laws, as so appearing, is hereby
145	145	116amended by striking out subsection (a) and inserting in place thereof the following subsection:-
146	146	117 (a) An excise is hereby imposed upon a sports wagering operator or a person or entity
147	147	118that offers fantasy contests, as defined in section 11M½ of chapter 12, in the commonwealth at
148	148	119the rate of: (i) 15 per cent of the sports wagering operator’s adjusted gross sports wagering
149	149	120receipts from the operation of in-person sports wagering; (ii) 20 per cent of the sports wagering
150	150	121operator’s adjusted gross sports wagering receipts from the operation of sports wagering through
151	151	122mobile applications and other digital platforms approved by the commission; and (iii) 15 per cent
152	152	123of the adjusted gross fantasy wagering receipts of the person or entity that offers such fantasy
153	153	124contests. The accrual method of accounting shall be used for the purposes of calculating the
154	154	125amount of the tax owed under this section. The excise shall be paid to the commission at the time
155	155	126provided for filing the return pursuant to subsection (b).
156	156	127 SECTION 9. Said section 14 of said chapter 23N, as so appearing, is hereby further
157	157	128amended by striking out subsection (c) and inserting in place thereof the following subsection:-
158	158	129 (c) The excise on adjusted gross sports wagering receipts and adjusted gross fantasy
159	159	130wagering receipts imposed by this section shall be in lieu of all other state and local taxes and
160	160	131fees imposed on the operation of, or the proceeds from operation of, sports wagering or fantasy
161	161	132contests.
162	162	133 SECTION 10. Clause (ii) of the third sentence of subsection (x) of section 6 of chapter 62
163	163	134of the General Laws, as appearing in section 21 of chapter 50 of the acts of 2023, is hereby 8 of 27
164	164	135further amended by inserting after the words “section 21 of the Code,” the following words:-
165	165	136without regard to subsection (e)(5) of said section 21 of the Code.
166	166	137 SECTION 11. Subsection (a) of section 2A of chapter 65C of the General Laws, as
167	167	138appearing in section 36 of said chapter 50, is hereby amended by striking out the words “tax shall
168	168	139be reduced by an amount equal to the proportion of such allowable credit as the value of such
169	169	140real or tangible personal property located outside of the commonwealth bears to the value of the
170	170	141entire federal gross estate wherever situated, as determined under section 2011 of the Code, as in
171	171	142effect on December 31, 2000” and inserting in place thereof the following words:- credit shall be
172	172	143determined based on the value of the federal taxable estate after such estate is reduced by the
173	173	144value of such real or tangible personal property located outside of the commonwealth.
174	174	145 SECTION 12. Chapter 159A ½ of the General Laws is hereby amended by striking out
175	175	146section 12 and inserting in place thereof the following 2 sections:-
176	176	147 Section 12. (a) On the first day of each month, each transportation network company
177	177	148shall submit to the division, in a format approved by the division, data related to each pre-
178	178	149arranged ride provided in the month prior to the previous month and shall include for each pre-
179	179	150arranged ride: (i) the latitude and longitude for the points of the origination and termination,
180	180	151calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
181	181	152calculated to the nearest minute; (iii) the total cost paid by the rider for the ride; (iv) the
182	182	153universally-unique identifier associated with the transportation network driver; (v) the
183	183	154transportation network driver’s city or town of residence as appearing on the driver’s license; (vi)
184	184	155whether the rider requested a shared ride but was not successfully matched with another rider;
185	185	156(vii) whether the rider requested accommodation for special needs; (viii) whether the ride was 9 of 27
186	186	157provided by a wheelchair accessible vehicle; (ix) whether there were any driver or rider-initiated
187	187	158cancellations; (x) the total time that the transportation network driver spent on the way to pick up
188	188	159the rider; (xi) the total time that the transportation network driver spent providing the pre-
189	189	160arranged ride; (xii) the geographic position of the vehicle during the entire duration of the pre-
190	190	161arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride;
191	191	162(xiii) the total mileage driven by the transportation network driver while on the way to pick up
192	192	163the rider; (xiv) the total mileage driven by the transportation network driver while providing the
193	193	164pre-arranged ride; (xv) the transportation network vehicle license plate; (xvi) whether the
194	194	165transportation network driver is a professional driver, as advertised by the transportation network
195	195	166company; and (xvii) whether the pre-arranged ride was advertised by the transportation network
196	196	167company as a luxury or premium ride, regardless of whether the transportation network vehicle
197	197	168was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised
198	198	169by the transportation network company as a luxury or premium ride, the data shall include the
199	199	170factors that were considered in that designation, including, but not limited to, vehicle make,
200	200	171model, year and, if available, trim, whether the transportation network driver was a professional
201	201	172driver, as advertised by the transportation network company and whether the ride was available
202	202	173by an exclusive membership option.
203	203	174 (b) The division may obtain additional ride data from a transportation network company
204	204	175for the purposes of congestion management, which may include, but shall not be limited to: (i)
205	205	176the total number of transportation network drivers that utilized the transportation network
206	206	177vehicle’s digital network within specified geographic areas and time periods as determined by
207	207	178the division; and (ii) the total time spent and total miles driven by transportation network drivers
208	208	179in such geographic areas or time periods as determined by the division while: (A) on the way to 10 of 27
209	209	180pick up a rider; or (B) engaged in a pre-arranged ride. The division shall promulgate regulations
210	210	181relative to data collection pursuant to this subsection prior to obtaining the data.
211	211	182 (c) Annually, not later than June 30, the division shall post on its website, in aggregate
212	212	183form, the total number of rides provided by all transportation network companies that originated
213	213	184in each city or town, each city or town where the rides originating in each city or town
214	214	185terminated and the average miles and minutes of the rides that originated in each city or town
215	215	186and terminated in each other respective city or town.
216	216	187 (d) For the purposes of congestion management, transportation planning or emissions
217	217	188tracking, the division may enter into confidential data-sharing agreements to share de-identified
218	218	189trip-level data received by the division pursuant to this section with the executive office of
219	219	190technology services and security, the executive office of energy and environmental affairs, the
220	220	191Massachusetts Department of Transportation, the Massachusetts Port Authority, the
221	221	192Massachusetts Bay Transportation Authority, the department of environmental protection, a
222	222	193regional transit authority established under section 3 of chapter 161B, a regional planning agency
223	223	194in the commonwealth and a metropolitan planning organization in the commonwealth. The
224	224	195division shall prescribe the form and content of a confidential data-sharing agreement pursuant to
225	225	196this subsection, the manner of transmitting the information and the information security
226	226	197measures that shall be employed by an entity receiving the data under any such data-sharing
227	227	198agreement. A confidential data-sharing agreement shall specify that the information provided by
228	228	199the division shall be aggregated and de-identified and may be used only for the purposes set forth
229	229	200in the agreement. Any data received by an entity from the division through a confidential data-
230	230	201sharing agreement under this subsection shall not be considered a public record under clause
231	231	202Twenty-sixth of section 7 of chapter 4 or chapter 66 and shall not be disclosed to any person or 11 of 27
232	232	203entity other than those listed or described in the confidential data-sharing agreement; provided,
233	233	204however, that a state or municipal government agency or transportation planning entity may
234	234	205disclose conclusions and analyses derived from the information and from the data received
235	235	206pursuant to a confidential data-sharing agreement.
236	236	207 (e) A violation of the terms of a confidential data-sharing agreement by an entity listed in
237	237	208subsection (d) may result in the division declining to enter into future confidential data-sharing
238	238	209agreements with the violating entity and in the termination of any existing data-sharing
239	239	210agreement with the entity. The division shall notify each transportation network company whose
240	240	211data was shared in violation of the terms of a confidential data-sharing agreement of the
241	241	212violation, the violating entity and what data was shared. An entity listed in subsection (d) that
242	242	213violates the terms of a confidential data-sharing agreement shall destroy all data received as a
243	243	214result of the confidential data-sharing agreement.
244	244	215 Section 13. (a) The division shall establish a program to reduce greenhouse gas emissions
245	245	216from transportation network vehicles. To the extent permitted under federal law, the program
246	246	217shall establish requirements for transportation network companies, including, but not limited to,
247	247	218vehicle electrification and greenhouse gas emissions requirements. Such requirements shall
248	248	219include, but shall not be limited to, a requirement for said companies to submit biennial plans to
249	249	220gradually increase zero-emission transportation network vehicles and reduce greenhouse gas
250	250	221emissions to meet goals set by the executive office of energy and environmental affairs. If the
251	251	222division determines that vehicle electrification requirements alone would be sufficient to achieve
252	252	223the greenhouse gas emissions goals set by the executive office of energy and environmental
253	253	224affairs, then it may establish requirements for vehicle electrification without establishing separate
254	254	225requirements for greenhouse gas emissions. The division shall, to the extent practicable, 12 of 27
255	255	226minimize any negative impacts of the program on drivers from neighborhoods and municipalities
256	256	227that have an annual median household income of not more than 65 per cent of the statewide
257	257	228annual median household income.
258	258	229 (b) The division shall establish regulations to implement the program established in
259	259	230subsection (a).
260	260	231 SECTION 13. Section 1 of chapter 258 of the General Laws, as appearing in the 2022
261	261	232Official Edition, is hereby amended by striking out the words “and rail and transit
262	262	233administrator,”, in line 15.
263	263	234 SECTION 14. Section 4 of chapter 841 of the acts of 1975 is hereby amended by striking
264	264	235out the words “comprised of the secretary of communities and development or his designee” and
265	265	236inserting in place thereof the following words:- comprised of the secretary of economic
266	266	237development or their designee.
267	267	238 SECTION 15. Item 1599-1952 of section 2B of chapter 151 of the acts of 2020 is hereby
268	268	239amended by inserting, after the words “assist municipalities”, the following words:- and tribal
269	269	240governments.
270	270	241 SECTION 16. Said item 1599-1952 of said section 2B of said chapter 151 is hereby
271	271	242further amended by striking out the words “located in a municipality”.
272	272	243 SECTION 17. Item 1599-2025 of section 2 of chapter 102 of the acts of 2021 is hereby
273	273	244amended by striking out the words “and provided further, that the department shall ensure
274	274	245geographic equity when distributing funds” and inserting in place thereof the following words:-
275	275	246provided further, that the department shall ensure geographic equity when distributing funds; 13 of 27
276	276	247provided further, that if the commissioner of public health, in consultation with the secretary of
277	277	248health and human services, determines that anticipated spending prior to the American Rescue
278	278	249Plan Act applicable funds obligation and expiration deadlines for a purpose is less than it is
279	279	250authorized to be spent in this item for that purpose, the commissioner of public health may
280	280	251reduce spending accordingly and transfer the anticipated unspent funds for that purpose to other
281	281	252purposes to support and enhance the commonwealth’s local and regional public health system;
282	282	253and provided further, that the commissioner of public health shall notify the house and senate
283	283	254committees on ways and means not less than 7 days prior to reducing or increasing spending for
284	284	255a particular purpose authorized in this item.
285	285	256 SECTION 18. Section 82 of said chapter 102 is hereby amended by striking out the
286	286	257words “and provided further, that the secretary of administration and finance may authorize the
287	287	258transfer of funds for the 1-time payments to the items necessary to meet the necessary costs of
288	288	259those payments” and inserting in place thereof the following words:- provided further, that the
289	289	260secretary of administration and finance may authorize the transfer of funds for the 1-time
290	290	261payments to the items necessary to meet the necessary costs of those payments; and provided
291	291	262further, that the secretary of administration and finance may direct the comptroller to transfer the
292	292	263unobligated balance of the fund to the Transitional Escrow Fund established in section 16 of
293	293	264chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, or the
294	294	265federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General
295	295	266Laws.
296	296	267 SECTION 19. Section 92 of chapter 179 of the acts of 2022 is hereby amended by
297	297	268striking out the figure “12”, each time it appears, and inserting in place thereof, in each instance,
298	298	269the following figure:- 13. 14 of 27
299	299	270 SECTION 20. Item 1599-6077 of section 2A of chapter 268 of the acts of 2022 is hereby
300	300	271amended by inserting, after the words “Bliss Corner in the town of Dartmouth”, the following
301	301	272words:- ; provided further, that such funds may be transferred by the executive office for
302	302	273administration and finance to the department of environmental protection to fund assessment and
303	303	274other appropriate work by the department related to such residential homes.
304	304	275 SECTION 21. Said item 1599-6077 of said section 2A of said chapter 268 is hereby
305	305	276further amended by striking out the words “for the installation and operation of no less than 2 air
306	306	277quality monitoring stations in the East Boston section of Boston in cooperation with the
307	307	278department of environmental protection, the data from which shall be made available online to
308	308	279the public at regular intervals” and inserting in place thereof the following words:- by the
309	309	280department of environmental protection to conduct air monitoring in not less than 2 locations in
310	310	281the East Boston section of the city of Boston for a period of not less than 2 years.
311	311	282 SECTION 22. Said item 1599-6077 of said section 2A of said chapter 268 is hereby
312	312	283further amended by inserting, after the words “Countryside Auto Salvage”, the following words:-
313	313	284; provided further, that such funds may be transferred by the executive office for administration
314	314	285and finance to the department of environmental protection to fund such studies by the
315	315	286department.
316	316	287 SECTION 23. Item 1599-6084 of said section 2A of said chapter 268 is hereby amended
317	317	288by inserting, after the words “120 per cent of the area median income”, the second time they
318	318	289appear, the following the words:- ; provided further, that funds expended for said workforce
319	319	290housing program may be expended for grants, loans and other financial assistance for related
320	320	291construction costs incurred on or after March 3, 2021. 15 of 27
321	321	292 SECTION 24. Section 230 of said chapter 268 is hereby amended by inserting, after the
322	322	293word “Laws”, the following words:- ; and provided further, that funds appropriated in this item
323	323	294shall be made available until June 30, 2025.
324	324	295 SECTION 25. Item 1775-0700 of section 2 of chapter 28 of the acts of 2023 is hereby
325	325	296amended by striking out the figure “$200,000”, both times it appears, and inserting in place
326	326	297thereof, in each instance, the following figure:- $600,000.
327	327	298 SECTION 26. Item 3000-1042 of said section 2 of said chapter 28 is hereby amended by
328	328	299striking out the words “funds between” and inserting in place thereof the following words:- funds
329	329	300from this item to.
330	330	301 SECTION 27. Item 7003-0150 of said section 2 of said chapter 28, as most recently
331	331	302amended by section 2CI of chapter 77 of the acts of 2023, is hereby further amended by
332	332	303inserting, after the words “citizens programming”, the following words:- ; provided further, that
333	333	304the executive office may expend available funds in this item for costs incurred for fiscal year
334	334	3052022 grants.
335	335	306 SECTION 28. Item 8100-0102 of said section 2 of said chapter 28 is hereby amended by
336	336	307striking out the figure “$45,000,000”, both times it appears, and inserting in place thereof, in
337	337	308each instance, the following figure:- $52,000,000.
338	338	309 SECTION 29. Item 1595-1068 of section 2E of said chapter 28 is hereby amended by
339	339	310striking out the figure “$441,300,000” and inserting in place thereof the following figure:-
340	340	311$638,409,000. 16 of 27
341	341	312 SECTION 30. Said item 1595-1068 of said section 2E of said chapter 28 is hereby further
342	342	313amended by striking out the figure “$505,000,000” and inserting in place thereof the following
343	343	314figure:- $681,000,000.
344	344	315 SECTION 31. Item 1596-2406 of section 2F of said chapter 28 is hereby amended by
345	345	316adding the following words:- ; and provided further, that funds appropriated in this item shall be
346	346	317made available until June 30, 2025.
347	347	318 SECTION 32. Item 4003-0123 of section 2A of chapter 77 of the acts of 2023 is hereby
348	348	319amended by adding the following words:- ; and provided further, that funds appropriated in this
349	349	320item shall be made available until June 30, 2025.
350	350	321 SECTION 33. Section 218 of said chapter 77 is hereby amended by striking out the first
351	351	322sentence and inserting in place thereof the following sentence:- Notwithstanding any general or
352	352	323special law to the contrary, for fiscal year 2024, the registrar of motor vehicles shall provide
353	353	324quarterly reports to the commissioner of correction detailing the number of identity cards
354	354	325processed pursuant to the Massachusetts Identification Card Program established by the
355	355	326Memorandum of Understanding between the Registry of Motor Vehicles and the Department of
356	356	327Correction, dated October 19, 2022, and pursuant to section 8E of chapter 90 of the General
357	357	328Laws, for individuals released from department of correction facilities.
358	358	329 SECTION 34. (a) Notwithstanding sections 52 to 55, inclusive, of chapter 7 of the
359	359	330General Laws and sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other
360	360	331general or special law to the contrary, the division of capital asset management and maintenance,
361	361	332using competitive proposal processes as the division considers necessary or appropriate, in
362	362	333consultation with the department of conservation and recreation, may lease and enter into other 17 of 27
363	363	334agreements with 1 or more bidders for 1 or more ice skating rinks and facilities for terms not to
364	364	335exceed 30 years for the continued use, operation, maintenance, repair and improvement of the
365	365	336state-owned buildings and facilities, together with the land and appurtenances associated
366	366	337therewith, comprising the following ice skating rinks and facilities under the care and control of
367	367	338the department of conservation and recreation:
368	368	339 Veterans Memorial Skating Rink, Arlington; Porazzo Memorial Rink, East Boston
369	369	340district, Boston; Roche Memorial Rink, West Roxbury district, Boston; Simoni Memorial Rink,
370	370	341Cambridge; Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Flynn
371	371	342Memorial Rink, Medford; LoConte Memorial Rink, Medford; Daly Memorial Rink, Newton;
372	372	343Cronin Memorial Rink, Revere; Max Ulin Skating Rink, Milton; Kasabuski Arena, Saugus;
373	373	344Veterans Memorial Rink, Somerville; Shea Memorial Rink, Quincy; Veterans Memorial Rink,
374	374	345Waltham; Connell Memorial Rink and Pool, Weymouth; Representative John G. Asiaf Skating
375	375	346Rink, Brockton; Arthur R. Driscoll Memorial Skating Rink, Fall River; Staff Sergeant Robert
376	376	347Pirelli Veterans Memorial Rink, Franklin; Stephen Hetland Memorial Skating Rink, New
377	377	348Bedford; John A. Armstrong Memorial Skating Rink, Plymouth; Theodore J. Aleixo, Jr. Skating
378	378	349Rink, Taunton; Veterans Memorial Skating Arena, Haverhill; John J. Janas Memorial Skating
379	379	350Rink, Lowell; Henry Graf, Jr., Skating Rink, Newburyport; James E. McVann and Louis F.
380	380	351O’Keefe Memorial Skating Rink, Peabody; Daniel S. Horgan Memorial Skating Rink, Auburn;
381	381	352Gardner Veterans Skating Rink, Gardner; John J. Navin Skating Rink, Marlboro; Honorable
382	382	353Charles J. Buffone Skating Rink, Worcester; Greenfield Area Skating Rink, Greenfield; Henry J.
383	383	354Fitzpatrick Skating Rink, Holyoke; Ray Smead Memorial Skating Rink, Springfield; and
384	384	355Vietnam Veterans Memorial Skating Rink, North Adams. 18 of 27
385	385	356 (b)(1) Notwithstanding any general or special law to the contrary, the lease and other
386	386	357agreements pursuant to subsection (a) shall be on terms acceptable to the commissioner of capital
387	387	358asset management and maintenance, in consultation with the commissioner of conservation and
388	388	359recreation and shall provide for the lessees to operate, manage, improve, repair and maintain the
389	389	360ice skating rinks and facilities. Any such lease or other arrangement shall include a description of
390	390	361the required capital improvements and, at a minimum, performance specifications. Any
391	391	362consideration received from the leases or other agreements shall be payable to the department for
392	392	363deposit in the Conservation Trust, established in section 1 of chapter 132A of the General Laws.
393	393	364 (2) There shall be an option for renewal or extension of the leases and other agreements
394	394	365not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the
395	395	366division of capital asset management and maintenance, in consultation with the department of
396	396	367conservation and recreation, in accordance with the original lease terms and conditions or
397	397	368agreement terms and conditions more favorable to the commonwealth. All leases shall contain a
398	398	369provision that requires the lessee to carry comprehensive general liability insurance with the
399	399	370commonwealth named as a co-insured, protecting the commonwealth against all personal injury
400	400	371or property damage within the ice skating rink or on the land during the term of the lease.
401	401	372 (c) The division of capital asset management and maintenance, in consultation with and
402	402	373on behalf of the department of conservation and recreation, shall solicit proposals through a
403	403	374request for proposals, which shall include key contractual terms and conditions to be
404	404	375incorporated into the lease, including, but not limited to: (i) a comprehensive list of all ice
405	405	376skating rinks operated by the responsive bidder in the last 4 years; (ii) prior or current facilities
406	406	377management or experience of the responsive bidder; (iii) prior or current skating or hockey
407	407	378management experience of the responsive bidder; (iv) reservation policies; (v) proposed 19 of 27
408	408	379reasonable rates that ensure continued public access; (vi) required financial audits; (vii) policies
409	409	380to encourage use of the ice skating rink by persons of all races and nationalities; (viii) safety and
410	410	381security plans; (ix) seasonal opening and closing dates; (x) hours of operation; and (xi) how the
411	411	382operator will ensure that ice time at the ice skating rink shall be allocated to user groups in the
412	412	383following order of priority: (A) general public skating; nonprofit youth groups; (B) school
413	413	384hockey, for-profit youth groups other than non-profit youth groups; and (C) adult organizations
414	414	385or informal groups. Ice time may be allocated at the discretion of the operator; provided,
415	415	386however, that general public skating shall be booked, in 2-hour continuous blocks at a minimum
416	416	387of 12 hours per week, with a range of times and days which reasonably allow for public skaters
417	417	388of all ages to participate in public skating sessions. Every effort shall be made to balance the ice
418	418	389allocation needs of long-established youth organizations and newly formed youth organizations
419	419	390in a manner that provides equal opportunity and equal access for youths of each gender. The
420	420	391inspector general shall review and approve any request for proposals issued by the division
421	421	392before issuance.
422	422	393 (d) The leases and other agreements authorized in this section shall provide that any
423	423	394benefits to the community and the costs of improvements and repairs made to the property
424	424	395provided by the lessees shall be taken into account as part of the consideration for the lease or
425	425	396other agreements. The lessees or the recipients of the property shall bear the costs considered
426	426	397necessary or appropriate by the commissioner of capital asset management and maintenance for
427	427	398the transactions, including, but not limited to, costs for legal work, survey, title and the
428	428	399preparation of plans and specifications.
429	429	400 (e) The provisions of any general or special law or rule or regulation relating to the
430	430	401advertising, bidding or award of contracts, to the procurement of services or to the construction 20 of 27
431	431	402and design of improvements shall not be applicable to any selected bidder which is awarded a
432	432	403lease pursuant to this section, except as provided in this section.
433	433	404 SECTION 35. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
434	434	405Laws, or any other general or special law to the contrary, the commissioner of capital asset
435	435	406management and maintenance may enter into a lease, sublease or other rental agreement with La
436	436	407Colaborativa, Inc., its successor or assigns, for a portion of the parking lot located adjacent to the
437	437	408Massachusetts information technology center located at 200 Arlington street in the city of
438	438	409Chelsea for a term not to exceed 10 years; provided, however, that the lease, sublease or other
439	439	410rental agreement shall not exceed the term of the lease by and between the division of capital
440	440	411asset management and maintenance and the Massachusetts Department of Transportation for the
441	441	412premises. The lease, sublease or other rental agreement shall be on terms and conditions to be
442	442	413determined by the commissioner; provided, however, that the lease, sublease or other rental
443	443	414agreement shall be terminable, without penalty, upon 180 days’ notice if the commissioner
444	444	415determines that there is a state agency need for the premises.
445	445	416 SECTION 36. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
446	446	417General Laws, chapter 59 of the acts of 2009 or any other general or special law to the contrary,
447	447	418the commissioner of capital asset management and maintenance may convey the parcel of land
448	448	419described in subsection (b), which is a portion of the land known as the Monson development
449	449	420center, established pursuant to chapter 275 of the acts of 1852, to the Westmass Area
450	450	421Development Corporation, established pursuant to chapter 192 of the acts of 1960, for
451	451	422redevelopment purposes. The parcel shall be conveyed by deed without warranties or
452	452	423representations by the commonwealth. The conveyance shall be subject to such additional terms 21 of 27
453	453	424and conditions consistent with this section as the commissioner of capital asset management and
454	454	425maintenance may prescribe.
455	455	426 (b) The Monson development center campus is shown on a plan entitled, “Plan of Land in
456	456	427Monson, MA prepared for the Commonwealth of Massachusetts, Division of Capital Asset
457	457	428Management & Maintenance on behalf of the Monson Development Center” prepared by
458	458	429Northeast Survey Consultants, dated April 12, 2023 and recorded in the Hampden county
459	459	430registry of deeds in plan book 397, page 121 to 125, inclusive. The parcels to be conveyed were
460	460	431used for state hospital purposes and are currently not in use and are more particularly shown as
461	461	432“Development Areas” on a sketch entitled, “Monson Development Center,” which is on file with
462	462	433the division of capital asset management and maintenance. The commissioner of capital asset
463	463	434management and maintenance shall determine the exact boundaries of the parcels to be conveyed
464	464	435pursuant to this act, which may require the completion of a survey; provided, however, that the
465	465	436commissioner shall not convey the parcels of land at the Monson development center campus
466	466	437that are: (i) the subject of chapter 181 of the acts of 2022; (ii) under the care and control of the
467	467	438department of agricultural resources; or (iii) otherwise subject to Article XCVII of the
468	468	439Amendments to the Constitution of the commonwealth.
469	469	440 (c) The consideration for the transfer authorized in subsection (a) shall be $1.
470	470	441 (d) The commissioner of capital asset management and maintenance may retain or grant
471	471	442rights of way or easements for access, egress, utilities and drainage across the property described
472	472	443in subsection (b) and across other property owned by the commonwealth that is contiguous to the
473	473	444property described in said subsection (b) and may accept such rights of way or easements for
474	474	445access, egress, utilities and drainage as the commissioner considers necessary and appropriate to 22 of 27
475	475	446carry out this act; provided, however, that this section shall not permit the commissioner to grant
476	476	447rights of way or easements over land subject to Article XCVII of the Amendments to the
477	477	448Constitution of the commonwealth.
478	478	449 (e) Annually, not later than October 1, the Westmass Area Development Corporation
479	479	450shall file a report with the division of capital asset management and maintenance, the office of
480	480	451the inspector general and the town of Monson during the redevelopment process. The report shall
481	481	452detail activities undertaken by the Westmass Area Development Corporation and their successors
482	482	453or assigns to redevelop the site, including, but not limited to: (i) site preparation, marketing,
483	483	454permitting and construction activities; (ii) acquisitions and dispositions; (iii) expenditures made
484	484	455by the Westmass Area Development Corporation in furtherance of the redevelopment of the
485	485	456parcel; and (iv) any other information the commissioner of capital asset management and
486	486	457maintenance may deem necessary. Upon completion of the redevelopment, as determined by the
487	487	458commissioner, the Westmass Area Development Corporation shall not be required to file said
488	488	459report.
489	489	460 (f) The Westmass Area Development Corporation shall be responsible for the costs and
490	490	461expenses of the transfer authorized in this section as determined by the commissioner of capital
491	491	462asset management and maintenance, including, but not limited to, the costs of any engineering,
492	492	463surveys, appraisals, title examinations, recording fees and deed preparation related to the
493	493	464conveyance of the parcel; provided, however, that if the commissioner of capital asset
494	494	465management and maintenance determines that the productive reuse of said parcel may be
495	495	466expedited by the reduction of acquisition costs, the commissioner may determine that the
496	496	467division of capital asset management and maintenance shall be responsible for said costs and
497	497	468expenses. 23 of 27
498	498	469 (g) Notwithstanding any general or special law to the contrary, if the commissioner of
499	499	470capital asset management and maintenance, in consultation with the secretary for administration
500	500	471and finance, determines that federal or nonprofit funding available to the Westmass Area
501	501	472Development Corporation for the redevelopment of the parcel described in subsection (b) may be
502	502	473advantageous to the redevelopment and the productive reuse of said parcel and may be expedited
503	503	474by the contribution of state funds, the commissioner of capital asset management and
504	504	475maintenance may expend not more than $9,000,000 from item 1102-2017 of section 2 of chapter
505	505	476113 of the acts of 2018 as a site readiness grant to the Westmass Area Development Corporation
506	506	477to support the preparation of the parcel for redevelopment, including, but not limited to,
507	507	478demolition and environmental remediation. Annually, not later than June 30, the Westmass Area
508	508	479Development Corporation shall report to the division of capital asset management and
509	509	480maintenance and the office of the inspector general detailing the site remediation progress and
510	510	481expenditures made by the corporation through the term of the grant.
511	511	482 SECTION 37. Notwithstanding any general or special law to the contrary, any
512	512	483unexpended balances, not to exceed $40,000,000, in items 4000-0700 and 4000-1426 of section
513	513	4842 of chapter 28 of the acts of 2023 shall not revert to the General Fund until September 1, 2024
514	514	485and may be expended by the executive office of health and human services to pay for services
515	515	486enumerated in said items 4000-0700 and 4000-1426 provided during fiscal year 2024.
516	516	487 SECTION 38. Notwithstanding any general or special law to the contrary, for fiscal year
517	517	4882024, the secretary of health and human services, with the written approval of the secretary of
518	518	489administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-
519	519	4900430, 4000-0500, 4000-0601, 4000-0641, 4000-0700, 4000-0875, 4000-0880, 4000-0885, 4000-
520	520	4910940, 4000-0950, 4000-0990, 4000-1400, 4000-1420 and 4000-1426. 24 of 27
521	521	492 SECTION 39. Notwithstanding any general or special law to the contrary, if, by June 30,
522	522	4932024, the secretary of administration and finance determines unobligated funds are available in
523	523	494items 1599-2026, 1599-2028, 1599-2042, 1599-2055 and 4513-0101 of section 2A of chapter
524	524	495102 of the acts of 2021 and items 1599-6066, 1599-6067, 1599-6069 and 1599-6074 of section
525	525	4962A of chapter 268 of the acts of 2022, the secretary may direct the comptroller to transfer said
526	526	497funds, in an amount not to exceed $20,000,000, to the Transitional Escrow Fund established in
527	527	498section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of
528	528	4992022, or the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the
529	529	500General Laws.
530	530	501 SECTION 40. The salary adjustments and other economic benefits authorized by the
531	531	502following collective bargaining agreements shall be effective for the purposes of section 7 of
532	532	503chapter 150E of the General Laws:
533	533	504 (1) the agreement between the Commonwealth of Massachusetts and the Massachusetts
534	534	505Correction Officers Federated Union, Unit 04, effective from July 1, 2024 through June 30,
535	535	5062025;
536	536	507 (2) the agreement between the Commonwealth of Massachusetts and the Massachusetts
537	537	508Nurses Association, Unit 07, effective from January 1, 2024 through December 31, 2024;
538	538	509 (3) the agreement between the Commonwealth of Massachusetts Department of the
539	539	510Treasurer and the Coalition of Public Safety Alcoholic Beverage Control Commission
540	540	511Investigators Association, Unit 5, effective from July 1, 2024 through June 30, 2025; 25 of 27
541	541	512 (4) the agreement between the Massachusetts Board of Higher Education and the
542	542	513Massachusetts Community College Council, Unit MCC, effective from July 1, 2023 through
543	543	514June 30, 2025;
544	544	515 (5) the agreement between the Sheriff of Bristol County and the National Correctional
545	545	516Employees’ Union, Local 135 (Ad - Tech Unit), Unit SA1, effective from July 1, 2023 through
546	546	517June 30, 2024;
547	547	518 (6) the agreement between the Sheriff of Bristol County and the Massachusetts
548	548	519Correction Officers Federated Union, Unit SA4, effective from July 1, 2023 through June 30,
549	549	5202024;
550	550	521 (7) the agreement between the Sheriff of Bristol County and the National Correctional
551	551	522Employees’ Union, Local 103 (K-9 Unit), Unit SA7, effective from July 1, 2023 through June
552	552	52330, 2024;
553	553	524 (8) the agreement between the Sheriff of Essex County and the International Brotherhood
554	554	525of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
555	555	526R1-71, Unit SE9, effective from July 1, 2023 through June 30, 2024;
556	556	527 (9) the agreement between the Sheriff of Middlesex County and the National Correctional
557	557	528Employees Union, Local 116, Unit SM6, effective from July 1, 2023 through June 30, 2024;
558	558	529 (10) the agreement between the Sheriff of Essex County and the Essex County
559	559	530Correctional Officer Association, Unit SE2, effective from July 1, 2024 through June 30, 2025; 26 of 27
560	560	531 (11) the agreement between the Sheriff of Middlesex County and the New England
561	561	532Benevolent Association, Local 525, Unit SM5, effective from July 1, 2024 through June 30,
562	562	5332025;
563	563	534 (12) the agreement between the Sheriff of Dukes County and the Massachusetts
564	564	535Correction Officers Federated Union, Unit SD1, effective from July 1, 2024 through June 30,
565	565	5362025; and
566	566	537 (13) the agreement between the Sheriff of Worcester County and the New England Policy
567	567	538Benevolent Association, Local 550, Unit SW6, effective from July 1, 2024 through June 30,
568	568	5392025.
569	569	540 SECTION 41. The salary adjustments and other economic benefits authorized by the
570	570	541following collective bargaining agreements shall be effective for the purposes of section 7 of
571	571	542chapter 150E of the General Laws:
572	572	543 (1) the agreement between the Commonwealth of Massachusetts and the National
573	573	544Association of Government Employees (NAGE), Units 1,3, and 6, effective from July 1, 2024
574	574	545through June 30, 2027;
575	575	546 (2) the agreement between the Commonwealth of Massachusetts and the Alliance,
576	576	547AFSCME-SEIU-Local 888, Unit 2, effective from July 1, 2024 through June 30, 2027;
577	577	548 (3) the agreement between the Sheriff of Essex County and the National Correctional
578	578	549Employees Union Local 121, Unit SE7, effective from July 1, 2024 through June 30, 2027; 27 of 27
579	579	550 (4) the agreement between the Sheriff of Essex County and the International Brotherhood
580	580	551of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
581	581	552R1-71, Unit SE9, effective from July 1, 2024 through June 30, 2027; and
582	582	553 (5) the agreement between the Massachusetts State Lottery Commission and the Service
583	583	554Employees International Union, Local 888, Unit LT1, effective from July 1, 2024 through June
584	584	55530, 2027.
585	585	556 SECTION 42. Section 4 is hereby repealed.
586	586	557 SECTION 43. Sections 8, 9 and 10 shall take effect on January 1, 2024.
587	587	558 SECTION 44. Section 11 shall take effect for estates of decedents dying on or after
588	588	559January 1, 2023.
589	589	560 SECTION 45. Section 42 shall take effect on June 30, 2029.