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