Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4799 Compare Versions

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Old	New	Differences
1	1	1 of 28
2	2	FILED ON: 6/26/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4799
4	4	House bill No. 4790, as amended and passed to be engrossed by the House. June 26, 2024.
5	5	The Commonwealth of Massachusetts
6	6	_______________
7	7	In the One Hundred and Ninety-Third General Court
8	8	(2023-2024)
9	9	_______________
10	10	An Act making appropriations for the fiscal year 2024 to provide for supplementing certain
11	11	existing appropriations and for certain other activities and projects.
12	12	Whereas, The deferred operation of this act would tend to defeat its purposes, which are
13	13	to make supplemental appropriations for fiscal year 2024 and to make certain changes in law,
14	14	each of which is immediately necessary to carry out those appropriations or to accomplish other
15	15	important public purposes, therefore it is hereby declared to be an emergency law, necessary for
16	16	the immediate preservation of the public convenience.
17	17	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
18	18	of the same, as follows:
19	19	1 SECTION 1. To provide for supplementing certain items in the general appropriation act
20	20	2and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
21	21	3appropriated from the General Fund, the Transitional Escrow Fund established in section 16 of
22	22	4chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, or the
23	23	5federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws
24	24	6unless specifically designated otherwise in this act or in those appropriation acts, for the several
25	25	7purposes and subject to the conditions specified in this act or in those appropriation acts, and
26	26	8subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30,
27	27	92024. These sums shall be in addition to any amounts previously appropriated and made 2 of 28
28	28	10available for the purposes of those items. These sums shall be made available through the fiscal
29	29	11year ending June 30, 2025.
30	30	12 SECTION 2.
31	31	13 SECRETARY OF THE COMMONWEALTH
32	32	14 0521-0000Elections Division……………………………………………..$2,834,250
33	33	15 TREASURER AND RECEIVER-GENERAL
34	34	16 Alcoholic Beverages Control Commission
35	35	17 0610-0050Alcoholic Beverages Control Commission ……………………. $232,499
36	36	18 OFFICE OF THE COMPTROLLER
37	37	19 1595-1068Medical Assistance Trust Fund……………………………. $175,548,050
38	38	20 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
39	39	21 Department of Revenue
40	40	22 1233-2000Tax Abatements for Veterans, Widows, Blind Persons, and the
41	41	23 Elderly……………………………………………………… $5,570,381
42	42	24 Reserves
43	43	25 1599-0793Critical Health and Human Services Workforce Reserve…..$61,077,257
44	44	26 1599-6073VOCA Bridge……………………………………………… $20,000,000
45	45	27 1599-9817ARPA HCBS Reserve……………………………………... $228,000,000 3 of 28
46	46	28 Operational Services Division
47	47	29 1775-0700Reprographic Services Retained Revenue…………………. $400,000
48	48	30 EXECUTIVE OFFICE OF EDUCATION
49	49	31 Department of Early Education and Care
50	50	32 3000-4060Income-Eligible Child Care………………………………... $29,672,801
51	51	33 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
52	52	34 Department of Transitional Assistance
53	53	35 4400-1004Healthy Incentives Program……………………………….. $5,100,000
54	54	36 Department of Public Health
55	55	37 4513-1002Women, Infants and Children Nutrition Services………….. $2,130,571
56	56	38 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
57	57	39 State Police
58	58	40 8100-0102Troop F Retained Revenue………………………………… $7,000,000
59	59	41 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
60	60	42alteration of purpose for current appropriations and to meet certain requirements of law, the sums
61	61	43set forth in this section are hereby appropriated from the General Fund or the Transitional
62	62	44Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4
63	63	45of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the
64	64	46several purposes and subject to the conditions specified in this section, and subject to the laws 4 of 28
65	65	47regulating the disbursement of public funds for the fiscal year ending June 30, 2024. Except as
66	66	48otherwise stated, these sums shall be made available through the fiscal year ending June 30,
67	67	492025.
68	68	50 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
69	69	51 Office of Travel and Tourism
70	70	52 7008-1776For the costs associated with celebrations of the United States’
71	71	53semiquincentennial; provided, that funds shall be made available as grants to municipalities for
72	72	54public safety, transportation and logistical costs associated with the celebration of the
73	73	55anniversary; provided further, that not less than $250,000 shall be expended for First Night
74	74	56Boston, Inc. in the city of Boston; provided further, that not less than $6,000,000 shall be
75	75	57expended for capital improvements to the Edward A. LeLacheur Park at the University of
76	76	58Massachusetts Lowell; provided further, that not less than $50,000 shall be expended for
77	77	59planning and operating costs associated with the 250th anniversary celebrations in the town of
78	78	60Sudbury; provided further, that not less than $325,000 shall be expended for the towns of
79	79	61Concord, Arlington, Lexington and Lincoln for planning and operating costs associated with the
80	80	62250th anniversary celebrations; provided further, that not less than $75,000 shall be expended for
81	81	63the Berkshire Historical Society for coordination of 250th anniversary celebrations throughout
82	82	64Berkshire county; provided further, that not less than $100,000 shall be expended for the
83	83	65Revolution 250, Inc. for statewide programming, educational and outreach efforts; provided
84	84	66further, that not less than $75,000 shall be expended for the city of Quincy for planning and
85	85	67operating costs associated with the 250th celebrations; and provided further, that not less than 5 of 28
86	86	68$250,000 shall be expended for Sail Boston, Inc. for the Tall Ships 2026
87	87	69celebrations…………………………………………………………….…………..$26,500,000
88	88	70 SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section
89	89	7139B, as appearing in the 2022 Official Edition, and inserting in place thereof the following
90	90	72section:-
91	91	73 Section 39B. Each state agency shall furnish the state library 1 copy of its publications,
92	92	74provided in the format in which it was created, such as print or electronic, not later than 5
93	93	75working days after creation. The state library shall make copies available for public consultation
94	94	76and for permanent historic preservation. Digitized publications shall be made available to the
95	95	77Library of Congress and to each of the state’s regional public libraries through the state library’s
96	96	78digital collections.
97	97	79 SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section
98	98	8022O the following section:-
99	99	81 Section 22P. (a) Notwithstanding section 39M of chapter 30 or any general or special law
100	100	82to the contrary, governmental bodies may procure electric vehicles and the installation of
101	101	83charging stations for said electric vehicles, under this chapter. The electric vehicles and the
102	102	84installation of charging stations may be procured separately or in 1 procurement. For the
103	103	85purposes of this section, electric vehicles shall be considered supplies and charging stations and
104	104	86their installation shall be considered services.
105	105	87 (b) A contract under this section shall only be awarded to a bidder: (i) possessing the
106	106	88skill, ability and integrity necessary for the faithful performance of the work; (ii) who shall
107	107	89certify that it is able to furnish labor that can work in harmony with all other elements of labor 6 of 28
108	108	90employed or to be employed in the work; (iii) who shall certify that all employees to be
109	109	91employed at the worksite will have successfully completed a course in construction safety and
110	110	92health approved by the United States Occupational Safety and Health Administration that is at
111	111	93least 10 hours in duration at the time the employee begins work and shall furnish documentation
112	112	94of successful completion of said course with the first certified payroll report for each employee;
113	113	95and (iv) who obtains within 10 days of the notification of contract award the security by bond
114	114	96required under section 29 of chapter 149; provided, that for the purposes of this section, the term
115	115	97“security by bond” shall mean the bond of a surety company qualified to do business under the
116	116	98laws of the commonwealth and satisfactory to the awarding authority; and provided further, that
117	117	99if there is more than 1 surety company, the surety companies shall be jointly and severally liable.
118	118	100Section 26 to 27D, inclusive, of chapter 149 shall apply to any contract entered into under this
119	119	101section.
120	120	102 SECTION 5. Section 1 of chapter 7C of the General Laws, as appearing in the 2022
121	121	103Official Edition, is hereby amended by striking out the definition of “Capital Facility” and
122	122	104inserting in place thereof the following definition:-
123	123	105 “Capital facility”, a public improvement such as a building or other structure; a utility,
124	124	106fire protection, and other major system and facility; a power plant facility and appurtenances; a
125	125	107heating, ventilating, air conditioning or other system; initial equipment and furnishings for a new
126	126	108building or building added to or remodeled for some other use; a public parking facility; an
127	127	109airport or port facility; a recreational improvement such as a facility or development in a park or
128	128	110other recreational facility; or any other facility which, by statute or under standards as may be
129	129	111prescribed from time to time by the commissioner of capital asset management and maintenance,
130	130	112according to this section, may be defined as such; provided, however, that a highway 7 of 28
131	131	113improvement such as a highway, bridge or tunnel or other structure or building integral to the
132	132	114operation of the state highway system, a transportation improvement such as a mass
133	133	115transportation or other public transit facility shall not be considered a capital facility as defined
134	134	116herein; and provided further, that an improvement in information technology shall not be a
135	135	117capital facility to the extent it does not result in the creation or expansion of tangible property.
136	136	118 SECTION 6. Section 6 of chapter 21J of the General Laws, as so appearing, is hereby
137	137	119amended by striking out, in line 4, the words “state fire marshal” and inserting in place thereof
138	138	120the following words:- commissioner of revenue.
139	139	121 SECTION 7. Section 2 of chapter 22D of the General Laws, as so appearing, is hereby
140	140	122amended by striking out, in lines 6 to 9, inclusive, the words “; a division of underground storage
141	141	123tanks, including the Underground Storage Tank Petroleum Product Cleanup Fund Administrative
142	142	124Review Board as established by chapter twenty-one J”.
143	143	125 SECTION 8. Section 14 of chapter 23N of the General Laws, as so appearing, is hereby
144	144	126amended by striking out subsection (a) and inserting in place thereof the following subsection:-
145	145	127 (a) An excise is hereby imposed upon a sports wagering operator or a person or entity
146	146	128that offers fantasy contests, as defined in section 11M½ of chapter 12, in the commonwealth at
147	147	129the rate of: (i) 15 per cent of the sports wagering operator’s adjusted gross sports wagering
148	148	130receipts from the operation of in-person sports wagering; (ii) 20 per cent of the sports wagering
149	149	131operator’s adjusted gross sports wagering receipts from the operation of sports wagering through
150	150	132mobile applications and other digital platforms approved by the commission; and (iii) 15 per cent
151	151	133of the adjusted gross fantasy wagering receipts of the person or entity that offers such fantasy
152	152	134contests. The accrual method of accounting shall be used for the purposes of calculating the 8 of 28
153	153	135amount of the tax owed under this section. The excise shall be paid to the commission at the time
154	154	136provided for filing the return pursuant to subsection (b).
155	155	137 SECTION 9. Said section 14 of said chapter 23N, as so appearing, is hereby further
156	156	138amended by striking out subsection (c) and inserting in place thereof the following subsection:-
157	157	139 (c) The excise on adjusted gross sports wagering receipts and adjusted gross fantasy
158	158	140wagering receipts imposed by this section shall be in lieu of all other state and local taxes and
159	159	141fees imposed on the operation of, or the proceeds from operation of, sports wagering or fantasy
160	160	142contests.
161	161	143 SECTION 10. Clause (ii) of the third sentence of subsection (x) of section 6 of chapter 62
162	162	144of the General Laws, as appearing in section 21 of chapter 50 of the acts of 2023, is hereby
163	163	145further amended by inserting after the words “section 21 of the Code,” the following words:-
164	164	146without regard to subsection (e)(5) of said section 21 of the Code.
165	165	147 SECTION 11. Subsection (a) of section 2A of chapter 65C of the General Laws, as
166	166	148appearing in section 36 of said chapter 50, is hereby amended by striking out the words “tax shall
167	167	149be reduced by an amount equal to the proportion of such allowable credit as the value of such
168	168	150real or tangible personal property located outside of the commonwealth bears to the value of the
169	169	151entire federal gross estate wherever situated, as determined under section 2011 of the Code, as in
170	170	152effect on December 31, 2000” and inserting in place thereof the following words:- credit shall be
171	171	153determined based on the value of the federal taxable estate after such estate is reduced by the
172	172	154value of such real or tangible personal property located outside of the commonwealth.
173	173	155 SECTION 12. Chapter 159A ½ of the General Laws is hereby amended by striking out
174	174	156section 12 and inserting in place thereof the following 2 sections:- 9 of 28
175	175	157 Section 12. (a) On the first day of each month, each transportation network company
176	176	158shall submit to the division, in a format approved by the division, data related to each pre-
177	177	159arranged ride provided in the month prior to the previous month and shall include for each pre-
178	178	160arranged ride: (i) the latitude and longitude for the points of the origination and termination,
179	179	161calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
180	180	162calculated to the nearest minute; (iii) the total cost paid by the rider for the ride; (iv) the
181	181	163universally-unique identifier associated with the transportation network driver; (v) the
182	182	164transportation network driver’s city or town of residence as appearing on the driver’s license; (vi)
183	183	165whether the rider requested a shared ride but was not successfully matched with another rider;
184	184	166(vii) whether the rider requested accommodation for special needs; (viii) whether the ride was
185	185	167provided by a wheelchair accessible vehicle; (ix) whether there were any driver or rider-initiated
186	186	168cancellations; (x) the total time that the transportation network driver spent on the way to pick up
187	187	169the rider; (xi) the total time that the transportation network driver spent providing the pre-
188	188	170arranged ride; (xii) the geographic position of the vehicle during the entire duration of the pre-
189	189	171arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride;
190	190	172(xiii) the total mileage driven by the transportation network driver while on the way to pick up
191	191	173the rider; (xiv) the total mileage driven by the transportation network driver while providing the
192	192	174pre-arranged ride; (xv) the transportation network vehicle license plate; (xvi) whether the
193	193	175transportation network driver is a professional driver, as advertised by the transportation network
194	194	176company; and (xvii) whether the pre-arranged ride was advertised by the transportation network
195	195	177company as a luxury or premium ride, regardless of whether the transportation network vehicle
196	196	178was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised
197	197	179by the transportation network company as a luxury or premium ride, the data shall include the 10 of 28
198	198	180factors that were considered in that designation, including, but not limited to, vehicle make,
199	199	181model, year and, if available, trim, whether the transportation network driver was a professional
200	200	182driver, as advertised by the transportation network company and whether the ride was available
201	201	183by an exclusive membership option.
202	202	184 (b) The division may obtain additional ride data from a transportation network company
203	203	185for the purposes of congestion management, which may include, but shall not be limited to: (i)
204	204	186the total number of transportation network drivers that utilized the transportation network
205	205	187vehicle’s digital network within specified geographic areas and time periods as determined by
206	206	188the division; and (ii) the total time spent and total miles driven by transportation network drivers
207	207	189in such geographic areas or time periods as determined by the division while: (A) on the way to
208	208	190pick up a rider; or (B) engaged in a pre-arranged ride. The division shall promulgate regulations
209	209	191relative to data collection pursuant to this subsection prior to obtaining the data.
210	210	192 (c) Annually, not later than June 30, the division shall post on its website, in aggregate
211	211	193form, the total number of rides provided by all transportation network companies that originated
212	212	194in each city or town, each city or town where the rides originating in each city or town
213	213	195terminated and the average miles and minutes of the rides that originated in each city or town
214	214	196and terminated in each other respective city or town.
215	215	197 (d) For the purposes of congestion management, transportation planning or emissions
216	216	198tracking, the division may enter into confidential data-sharing agreements to share de-identified
217	217	199trip-level data received by the division pursuant to this section with the executive office of
218	218	200technology services and security, the executive office of energy and environmental affairs, the
219	219	201Massachusetts Department of Transportation, the Massachusetts Port Authority, the 11 of 28
220	220	202Massachusetts Bay Transportation Authority, the department of environmental protection, a
221	221	203regional transit authority established under section 3 of chapter 161B, a regional planning agency
222	222	204in the commonwealth and a metropolitan planning organization in the commonwealth. The
223	223	205division shall prescribe the form and content of a confidential data-sharing agreement pursuant to
224	224	206this subsection, the manner of transmitting the information and the information security
225	225	207measures that shall be employed by an entity receiving the data under any such data-sharing
226	226	208agreement. A confidential data-sharing agreement shall specify that the information provided by
227	227	209the division shall be aggregated and de-identified and may be used only for the purposes set forth
228	228	210in the agreement. Any data received by an entity from the division through a confidential data-
229	229	211sharing agreement under this subsection shall not be considered a public record under clause
230	230	212Twenty-sixth of section 7 of chapter 4 or chapter 66 and shall not be disclosed to any person or
231	231	213entity other than those listed or described in the confidential data-sharing agreement; provided,
232	232	214however, that a state or municipal government agency or transportation planning entity may
233	233	215disclose conclusions and analyses derived from the information and from the data received
234	234	216pursuant to a confidential data-sharing agreement.
235	235	217 (e) A violation of the terms of a confidential data-sharing agreement by an entity listed in
236	236	218subsection (d) may result in the division declining to enter into future confidential data-sharing
237	237	219agreements with the violating entity and in the termination of any existing data-sharing
238	238	220agreement with the entity. The division shall notify each transportation network company whose
239	239	221data was shared in violation of the terms of a confidential data-sharing agreement of the
240	240	222violation, the violating entity and what data was shared. An entity listed in subsection (d) that
241	241	223violates the terms of a confidential data-sharing agreement shall destroy all data received as a
242	242	224result of the confidential data-sharing agreement. 12 of 28
243	243	225 Section 13. (a) The division shall establish a program to reduce greenhouse gas emissions
244	244	226from transportation network vehicles. To the extent permitted under federal law, the program
245	245	227shall establish requirements for transportation network companies, including, but not limited to,
246	246	228vehicle electrification and greenhouse gas emissions requirements. Such requirements shall
247	247	229include, but shall not be limited to, a requirement for said companies to submit biennial plans to
248	248	230gradually increase zero-emission transportation network vehicles and reduce greenhouse gas
249	249	231emissions to meet goals set by the executive office of energy and environmental affairs. If the
250	250	232division determines that vehicle electrification requirements alone would be sufficient to achieve
251	251	233the greenhouse gas emissions goals set by the executive office of energy and environmental
252	252	234affairs, then it may establish requirements for vehicle electrification without establishing separate
253	253	235requirements for greenhouse gas emissions. The division shall, to the extent practicable,
254	254	236minimize any negative impacts of the program on drivers from neighborhoods and municipalities
255	255	237that have an annual median household income of not more than 65 per cent of the statewide
256	256	238annual median household income.
257	257	239 (b) The division shall establish regulations to implement the program established in
258	258	240subsection (a).
259	259	241 SECTION 13. Section 1 of chapter 258 of the General Laws, as appearing in the 2022
260	260	242Official Edition, is hereby amended by striking out the words “and rail and transit
261	261	243administrator,”, in line 15.
262	262	244 SECTION 14. Section 4 of chapter 841 of the acts of 1975 is hereby amended by striking
263	263	245out the words “comprised of the secretary of communities and development or his designee” and 13 of 28
264	264	246inserting in place thereof the following words:- comprised of the secretary of economic
265	265	247development or their designee.
266	266	248 SECTION 15. Item 1599-1952 of section 2B of chapter 151 of the acts of 2020 is hereby
267	267	249amended by inserting, after the words “assist municipalities”, the following words:- and tribal
268	268	250governments.
269	269	251 SECTION 16. Said item 1599-1952 of said section 2B of said chapter 151 is hereby
270	270	252further amended by striking out the words “located in a municipality”.
271	271	253 SECTION 17. Item 1599-2025 of section 2 of chapter 102 of the acts of 2021 is hereby
272	272	254amended by striking out the words “and provided further, that the department shall ensure
273	273	255geographic equity when distributing funds” and inserting in place thereof the following words:-
274	274	256provided further, that the department shall ensure geographic equity when distributing funds;
275	275	257provided further, that if the commissioner of public health, in consultation with the secretary of
276	276	258health and human services, determines that anticipated spending prior to the American Rescue
277	277	259Plan Act applicable funds obligation and expiration deadlines for a purpose is less than it is
278	278	260authorized to be spent in this item for that purpose, the commissioner of public health may
279	279	261reduce spending accordingly and transfer the anticipated unspent funds for that purpose to other
280	280	262purposes to support and enhance the commonwealth’s local and regional public health system;
281	281	263and provided further, that the commissioner of public health shall notify the house and senate
282	282	264committees on ways and means not less than 7 days prior to reducing or increasing spending for
283	283	265a particular purpose authorized in this item.
284	284	266 SECTION 18. Section 82 of said chapter 102 is hereby amended by striking out the
285	285	267words “and provided further, that the secretary of administration and finance may authorize the 14 of 28
286	286	268transfer of funds for the 1-time payments to the items necessary to meet the necessary costs of
287	287	269those payments” and inserting in place thereof the following words:- provided further, that the
288	288	270secretary of administration and finance may authorize the transfer of funds for the 1-time
289	289	271payments to the items necessary to meet the necessary costs of those payments; and provided
290	290	272further, that the secretary of administration and finance may direct the comptroller to transfer the
291	291	273unobligated balance of the fund to the Transitional Escrow Fund established in section 16 of
292	292	274chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, or the
293	293	275federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General
294	294	276Laws.
295	295	277 SECTION 19. Section 92 of chapter 179 of the acts of 2022 is hereby amended by
296	296	278striking out the figure “12”, each time it appears, and inserting in place thereof, in each instance,
297	297	279the following figure:- 13.
298	298	280 SECTION 20. Item 1599-6077 of section 2A of chapter 268 of the acts of 2022 is hereby
299	299	281amended by inserting, after the words “Bliss Corner in the town of Dartmouth”, the following
300	300	282words:- ; provided further, that such funds may be transferred by the executive office for
301	301	283administration and finance to the department of environmental protection to fund assessment and
302	302	284other appropriate work by the department related to such residential homes.
303	303	285 SECTION 21. Said item 1599-6077 of said section 2A of said chapter 268 is hereby
304	304	286further amended by striking out the words “for the installation and operation of no less than 2 air
305	305	287quality monitoring stations in the East Boston section of Boston in cooperation with the
306	306	288department of environmental protection, the data from which shall be made available online to
307	307	289the public at regular intervals” and inserting in place thereof the following words:- by the 15 of 28
308	308	290department of environmental protection to conduct air monitoring in not less than 2 locations in
309	309	291the East Boston section of the city of Boston for a period of not less than 2 years.
310	310	292 SECTION 22. Said item 1599-6077 of said section 2A of said chapter 268 is hereby
311	311	293further amended by inserting, after the words “Countryside Auto Salvage”, the following words:-
312	312	294; provided further, that such funds may be transferred by the executive office for administration
313	313	295and finance to the department of environmental protection to fund such studies by the
314	314	296department.
315	315	297 SECTION 23. Item 1599-6084 of said section 2A of said chapter 268 is hereby amended
316	316	298by inserting, after the words “120 per cent of the area median income”, the second time they
317	317	299appear, the following the words:- ; provided further, that funds expended for said workforce
318	318	300housing program may be expended for grants, loans and other financial assistance for related
319	319	301construction costs incurred on or after March 3, 2021.
320	320	302 SECTION 24. Section 230 of said chapter 268 is hereby amended by inserting, after the
321	321	303word “Laws”, the following words:- ; and provided further, that funds appropriated in this item
322	322	304shall be made available until June 30, 2025.
323	323	305 SECTION 25. Item 1775-0700 of section 2 of chapter 28 of the acts of 2023 is hereby
324	324	306amended by striking out the figure “$200,000”, both times it appears, and inserting in place
325	325	307thereof, in each instance, the following figure:- $600,000.
326	326	308 SECTION 26. Item 3000-1042 of said section 2 of said chapter 28 is hereby amended by
327	327	309striking out the words “funds between” and inserting in place thereof the following words:- funds
328	328	310from this item to. 16 of 28
329	329	311 SECTION 27. Item 7003-0150 of said section 2 of said chapter 28, as most recently
330	330	312amended by section 2CI of chapter 77 of the acts of 2023, is hereby further amended by
331	331	313inserting, after the words “citizens programming”, the following words:- ; provided further, that
332	332	314the executive office may expend available funds in this item for costs incurred for fiscal year
333	333	3152022 grants.
334	334	316 SECTION 28. Item 8100-0102 of said section 2 of said chapter 28 is hereby amended by
335	335	317striking out the figure “$45,000,000”, both times it appears, and inserting in place thereof, in
336	336	318each instance, the following figure:- $52,000,000.
337	337	319 SECTION 29. Item 1595-1068 of section 2E of said chapter 28 is hereby amended by
338	338	320striking out the figure “$441,300,000” and inserting in place thereof the following figure:-
339	339	321$638,409,000.
340	340	322 SECTION 30. Said item 1595-1068 of said section 2E of said chapter 28 is hereby further
341	341	323amended by striking out the figure “$505,000,000” and inserting in place thereof the following
342	342	324figure:- $681,000,000.
343	343	325 SECTION 31. Item 1596-2406 of section 2F of said chapter 28 is hereby amended by
344	344	326adding the following words:- ; and provided further, that funds appropriated in this item shall be
345	345	327made available until June 30, 2025.
346	346	328 SECTION 32. Item 4003-0123 of section 2A of chapter 77 of the acts of 2023 is hereby
347	347	329amended by adding the following words:- ; and provided further, that funds appropriated in this
348	348	330item shall be made available until June 30, 2025. 17 of 28
349	349	331 SECTION 33. Section 218 of said chapter 77 is hereby amended by striking out the first
350	350	332sentence and inserting in place thereof the following sentence:- Notwithstanding any general or
351	351	333special law to the contrary, for fiscal year 2024, the registrar of motor vehicles shall provide
352	352	334quarterly reports to the commissioner of correction detailing the number of identity cards
353	353	335processed pursuant to the Massachusetts Identification Card Program established by the
354	354	336Memorandum of Understanding between the Registry of Motor Vehicles and the Department of
355	355	337Correction, dated October 19, 2022, and pursuant to section 8E of chapter 90 of the General
356	356	338Laws, for individuals released from department of correction facilities.
357	357	339 SECTION 34. (a) Notwithstanding sections 52 to 55, inclusive, of chapter 7 of the
358	358	340General Laws and sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other
359	359	341general or special law to the contrary, the division of capital asset management and maintenance,
360	360	342using competitive proposal processes as the division considers necessary or appropriate, in
361	361	343consultation with the department of conservation and recreation, may lease and enter into other
362	362	344agreements with 1 or more bidders for 1 or more ice skating rinks and facilities for terms not to
363	363	345exceed 30 years for the continued use, operation, maintenance, repair and improvement of the
364	364	346state-owned buildings and facilities, together with the land and appurtenances associated
365	365	347therewith, comprising the following ice skating rinks and facilities under the care and control of
366	366	348the department of conservation and recreation:
367	367	349 Veterans Memorial Skating Rink, Arlington; Porazzo Memorial Rink, East Boston
368	368	350district, Boston; Roche Memorial Rink, West Roxbury district, Boston; Simoni Memorial Rink,
369	369	351Cambridge; Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Flynn
370	370	352Memorial Rink, Medford; LoConte Memorial Rink, Medford; Daly Memorial Rink, Newton;
371	371	353Cronin Memorial Rink, Revere; Max Ulin Skating Rink, Milton; Kasabuski Arena, Saugus; 18 of 28
372	372	354Veterans Memorial Rink, Somerville; Shea Memorial Rink, Quincy; Veterans Memorial Rink,
373	373	355Waltham; Connell Memorial Rink and Pool, Weymouth; Representative John G. Asiaf Skating
374	374	356Rink, Brockton; Arthur R. Driscoll Memorial Skating Rink, Fall River; Staff Sergeant Robert
375	375	357Pirelli Veterans Memorial Rink, Franklin; Stephen Hetland Memorial Skating Rink, New
376	376	358Bedford; John A. Armstrong Memorial Skating Rink, Plymouth; Theodore J. Aleixo, Jr. Skating
377	377	359Rink, Taunton; Veterans Memorial Skating Arena, Haverhill; John J. Janas Memorial Skating
378	378	360Rink, Lowell; Henry Graf, Jr., Skating Rink, Newburyport; James E. McVann and Louis F.
379	379	361O’Keefe Memorial Skating Rink, Peabody; Daniel S. Horgan Memorial Skating Rink, Auburn;
380	380	362Gardner Veterans Skating Rink, Gardner; John J. Navin Skating Rink, Marlboro; Honorable
381	381	363Charles J. Buffone Skating Rink, Worcester; Greenfield Area Skating Rink, Greenfield; Henry J.
382	382	364Fitzpatrick Skating Rink, Holyoke; Ray Smead Memorial Skating Rink, Springfield; and
383	383	365Vietnam Veterans Memorial Skating Rink, North Adams.
384	384	366 (b)(1) Notwithstanding any general or special law to the contrary, the lease and other
385	385	367agreements pursuant to subsection (a) shall be on terms acceptable to the commissioner of capital
386	386	368asset management and maintenance, in consultation with the commissioner of conservation and
387	387	369recreation and shall provide for the lessees to operate, manage, improve, repair and maintain the
388	388	370ice skating rinks and facilities. Any such lease or other arrangement shall include a description of
389	389	371the required capital improvements and, at a minimum, performance specifications. Any
390	390	372consideration received from the leases or other agreements shall be payable to the department for
391	391	373deposit in the Conservation Trust, established in section 1 of chapter 132A of the General Laws.
392	392	374 (2) There shall be an option for renewal or extension of the leases and other agreements
393	393	375not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the
394	394	376division of capital asset management and maintenance, in consultation with the department of 19 of 28
395	395	377conservation and recreation, in accordance with the original lease terms and conditions or
396	396	378agreement terms and conditions more favorable to the commonwealth. All leases shall contain a
397	397	379provision that requires the lessee to carry comprehensive general liability insurance with the
398	398	380commonwealth named as a co-insured, protecting the commonwealth against all personal injury
399	399	381or property damage within the ice skating rink or on the land during the term of the lease.
400	400	382 (c) The division of capital asset management and maintenance, in consultation with and
401	401	383on behalf of the department of conservation and recreation, shall solicit proposals through a
402	402	384request for proposals, which shall include key contractual terms and conditions to be
403	403	385incorporated into the lease, including, but not limited to: (i) a comprehensive list of all ice
404	404	386skating rinks operated by the responsive bidder in the last 4 years; (ii) prior or current facilities
405	405	387management or experience of the responsive bidder; (iii) prior or current skating or hockey
406	406	388management experience of the responsive bidder; (iv) reservation policies; (v) proposed
407	407	389reasonable rates that ensure continued public access; (vi) required financial audits; (vii) policies
408	408	390to encourage use of the ice skating rink by persons of all races and nationalities; (viii) safety and
409	409	391security plans; (ix) seasonal opening and closing dates; (x) hours of operation; and (xi) how the
410	410	392operator will ensure that ice time at the ice skating rink shall be allocated to user groups in the
411	411	393following order of priority: (A) general public skating; nonprofit youth groups; (B) school
412	412	394hockey, for-profit youth groups other than non-profit youth groups; and (C) adult organizations
413	413	395or informal groups. Ice time may be allocated at the discretion of the operator; provided,
414	414	396however, that general public skating shall be booked, in 2-hour continuous blocks at a minimum
415	415	397of 12 hours per week, with a range of times and days which reasonably allow for public skaters
416	416	398of all ages to participate in public skating sessions. Every effort shall be made to balance the ice
417	417	399allocation needs of long-established youth organizations and newly formed youth organizations 20 of 28
418	418	400in a manner that provides equal opportunity and equal access for youths of each gender. The
419	419	401inspector general shall review and approve any request for proposals issued by the division
420	420	402before issuance.
421	421	403 (d) The leases and other agreements authorized in this section shall provide that any
422	422	404benefits to the community and the costs of improvements and repairs made to the property
423	423	405provided by the lessees shall be taken into account as part of the consideration for the lease or
424	424	406other agreements. The lessees or the recipients of the property shall bear the costs considered
425	425	407necessary or appropriate by the commissioner of capital asset management and maintenance for
426	426	408the transactions, including, but not limited to, costs for legal work, survey, title and the
427	427	409preparation of plans and specifications.
428	428	410 (e) The provisions of any general or special law or rule or regulation relating to the
429	429	411advertising, bidding or award of contracts, to the procurement of services or to the construction
430	430	412and design of improvements shall not be applicable to any selected bidder which is awarded a
431	431	413lease pursuant to this section, except as provided in this section.
432	432	414 SECTION 35. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
433	433	415Laws, or any other general or special law to the contrary, the commissioner of capital asset
434	434	416management and maintenance may enter into a lease, sublease or other rental agreement with La
435	435	417Colaborativa, Inc., its successor or assigns, for a portion of the parking lot located adjacent to the
436	436	418Massachusetts information technology center located at 200 Arlington street in the city of
437	437	419Chelsea for a term not to exceed 10 years; provided, however, that the lease, sublease or other
438	438	420rental agreement shall not exceed the term of the lease by and between the division of capital
439	439	421asset management and maintenance and the Massachusetts Department of Transportation for the 21 of 28
440	440	422premises. The lease, sublease or other rental agreement shall be on terms and conditions to be
441	441	423determined by the commissioner; provided, however, that the lease, sublease or other rental
442	442	424agreement shall be terminable, without penalty, upon 180 days’ notice if the commissioner
443	443	425determines that there is a state agency need for the premises.
444	444	426 SECTION 36. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
445	445	427General Laws, chapter 59 of the acts of 2009 or any other general or special law to the contrary,
446	446	428the commissioner of capital asset management and maintenance may convey the parcel of land
447	447	429described in subsection (b), which is a portion of the land known as the Monson development
448	448	430center, established pursuant to chapter 275 of the acts of 1852, to the Westmass Area
449	449	431Development Corporation, established pursuant to chapter 192 of the acts of 1960, for
450	450	432redevelopment purposes. The parcel shall be conveyed by deed without warranties or
451	451	433representations by the commonwealth. The conveyance shall be subject to such additional terms
452	452	434and conditions consistent with this section as the commissioner of capital asset management and
453	453	435maintenance may prescribe.
454	454	436 (b) The Monson development center campus is shown on a plan entitled, “Plan of Land in
455	455	437Monson, MA prepared for the Commonwealth of Massachusetts, Division of Capital Asset
456	456	438Management & Maintenance on behalf of the Monson Development Center” prepared by
457	457	439Northeast Survey Consultants, dated April 12, 2023 and recorded in the Hampden county
458	458	440registry of deeds in plan book 397, page 121 to 125, inclusive. The parcels to be conveyed were
459	459	441used for state hospital purposes and are currently not in use and are more particularly shown as
460	460	442“Development Areas” on a sketch entitled, “Monson Development Center,” which is on file with
461	461	443the division of capital asset management and maintenance. The commissioner of capital asset
462	462	444management and maintenance shall determine the exact boundaries of the parcels to be conveyed 22 of 28
463	463	445pursuant to this act, which may require the completion of a survey; provided, however, that the
464	464	446commissioner shall not convey the parcels of land at the Monson development center campus
465	465	447that are: (i) the subject of chapter 181 of the acts of 2022; (ii) under the care and control of the
466	466	448department of agricultural resources; or (iii) otherwise subject to Article XCVII of the
467	467	449Amendments to the Constitution of the commonwealth.
468	468	450 (c) The consideration for the transfer authorized in subsection (a) shall be $1.
469	469	451 (d) The commissioner of capital asset management and maintenance may retain or grant
470	470	452rights of way or easements for access, egress, utilities and drainage across the property described
471	471	453in subsection (b) and across other property owned by the commonwealth that is contiguous to the
472	472	454property described in said subsection (b) and may accept such rights of way or easements for
473	473	455access, egress, utilities and drainage as the commissioner considers necessary and appropriate to
474	474	456carry out this act; provided, however, that this section shall not permit the commissioner to grant
475	475	457rights of way or easements over land subject to Article XCVII of the Amendments to the
476	476	458Constitution of the commonwealth.
477	477	459 (e) Annually, not later than October 1, the Westmass Area Development Corporation
478	478	460shall file a report with the division of capital asset management and maintenance, the office of
479	479	461the inspector general and the town of Monson during the redevelopment process. The report shall
480	480	462detail activities undertaken by the Westmass Area Development Corporation and their successors
481	481	463or assigns to redevelop the site, including, but not limited to: (i) site preparation, marketing,
482	482	464permitting and construction activities; (ii) acquisitions and dispositions; (iii) expenditures made
483	483	465by the Westmass Area Development Corporation in furtherance of the redevelopment of the
484	484	466parcel; and (iv) any other information the commissioner of capital asset management and 23 of 28
485	485	467maintenance may deem necessary. Upon completion of the redevelopment, as determined by the
486	486	468commissioner, the Westmass Area Development Corporation shall not be required to file said
487	487	469report.
488	488	470 (f) The Westmass Area Development Corporation shall be responsible for the costs and
489	489	471expenses of the transfer authorized in this section as determined by the commissioner of capital
490	490	472asset management and maintenance, including, but not limited to, the costs of any engineering,
491	491	473surveys, appraisals, title examinations, recording fees and deed preparation related to the
492	492	474conveyance of the parcel; provided, however, that if the commissioner of capital asset
493	493	475management and maintenance determines that the productive reuse of said parcel may be
494	494	476expedited by the reduction of acquisition costs, the commissioner may determine that the
495	495	477division of capital asset management and maintenance shall be responsible for said costs and
496	496	478expenses.
497	497	479 (g) Notwithstanding any general or special law to the contrary, if the commissioner of
498	498	480capital asset management and maintenance, in consultation with the secretary for administration
499	499	481and finance, determines that federal or nonprofit funding available to the Westmass Area
500	500	482Development Corporation for the redevelopment of the parcel described in subsection (b) may be
501	501	483advantageous to the redevelopment and the productive reuse of said parcel and may be expedited
502	502	484by the contribution of state funds, the commissioner of capital asset management and
503	503	485maintenance may expend not more than $9,000,000 from item 1102-2017 of section 2 of chapter
504	504	486113 of the acts of 2018 as a site readiness grant to the Westmass Area Development Corporation
505	505	487to support the preparation of the parcel for redevelopment, including, but not limited to,
506	506	488demolition and environmental remediation. Annually, not later than June 30, the Westmass Area
507	507	489Development Corporation shall report to the division of capital asset management and 24 of 28
508	508	490maintenance and the office of the inspector general detailing the site remediation progress and
509	509	491expenditures made by the corporation through the term of the grant.
510	510	492 SECTION 37. Notwithstanding any general or special law to the contrary, any
511	511	493unexpended balances, not to exceed $40,000,000, in items 4000-0700 and 4000-1426 of section
512	512	4942 of chapter 28 of the acts of 2023 shall not revert to the General Fund until September 1, 2024
513	513	495and may be expended by the executive office of health and human services to pay for services
514	514	496enumerated in said items 4000-0700 and 4000-1426 provided during fiscal year 2024.
515	515	497 SECTION 38. Notwithstanding any general or special law to the contrary, for fiscal year
516	516	4982024, the secretary of health and human services, with the written approval of the secretary of
517	517	499administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-
518	518	5000430, 4000-0500, 4000-0601, 4000-0641, 4000-0700, 4000-0875, 4000-0880, 4000-0885, 4000-
519	519	5010940, 4000-0950, 4000-0990, 4000-1400, 4000-1420 and 4000-1426.
520	520	502 SECTION 39. Notwithstanding any general or special law to the contrary, if, by June 30,
521	521	5032024, the secretary of administration and finance determines unobligated funds are available in
522	522	504items 1599-2026, 1599-2028, 1599-2042, 1599-2055 and 4513-0101 of section 2A of chapter
523	523	505102 of the acts of 2021 and items 1599-6066, 1599-6067, 1599-6069 and 1599-6074 of section
524	524	5062A of chapter 268 of the acts of 2022, the secretary may direct the comptroller to transfer said
525	525	507funds, in an amount not to exceed $20,000,000, to the Transitional Escrow Fund established in
526	526	508section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of
527	527	5092022, or the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the
528	528	510General Laws. 25 of 28
529	529	511 SECTION 40. The salary adjustments and other economic benefits authorized by the
530	530	512following collective bargaining agreements shall be effective for the purposes of section 7 of
531	531	513chapter 150E of the General Laws:
532	532	514 (1) the agreement between the Commonwealth of Massachusetts and the Massachusetts
533	533	515Correction Officers Federated Union, Unit 04, effective from July 1, 2024 through June 30,
534	534	5162025;
535	535	517 (2) the agreement between the Commonwealth of Massachusetts and the Massachusetts
536	536	518Nurses Association, Unit 07, effective from January 1, 2024 through December 31, 2024;
537	537	519 (3) the agreement between the Commonwealth of Massachusetts Department of the
538	538	520Treasurer and the Coalition of Public Safety Alcoholic Beverage Control Commission
539	539	521Investigators Association, Unit 5, effective from July 1, 2024 through June 30, 2025;
540	540	522 (4) the agreement between the Massachusetts Board of Higher Education and the
541	541	523Massachusetts Community College Council, Unit MCC, effective from July 1, 2023 through
542	542	524June 30, 2025;
543	543	525 (5) the agreement between the Sheriff of Bristol County and the National Correctional
544	544	526Employees’ Union, Local 135 (Ad - Tech Unit), Unit SA1, effective from July 1, 2023 through
545	545	527June 30, 2024;
546	546	528 (6) the agreement between the Sheriff of Bristol County and the Massachusetts
547	547	529Correction Officers Federated Union, Unit SA4, effective from July 1, 2023 through June 30,
548	548	5302024; 26 of 28
549	549	531 (7) the agreement between the Sheriff of Bristol County and the National Correctional
550	550	532Employees’ Union, Local 103 (K-9 Unit), Unit SA7, effective from July 1, 2023 through June
551	551	53330, 2024;
552	552	534 (8) the agreement between the Sheriff of Essex County and the International Brotherhood
553	553	535of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
554	554	536R1-71, Unit SE9, effective from July 1, 2023 through June 30, 2024;
555	555	537 (9) the agreement between the Sheriff of Middlesex County and the National Correctional
556	556	538Employees Union, Local 116, Unit SM6, effective from July 1, 2023 through June 30, 2024;
557	557	539 (10) the agreement between the Sheriff of Essex County and the Essex County
558	558	540Correctional Officer Association, Unit SE2, effective from July 1, 2024 through June 30, 2025;
559	559	541 (11) the agreement between the Sheriff of Middlesex County and the New England
560	560	542Benevolent Association, Local 525, Unit SM5, effective from July 1, 2024 through June 30,
561	561	5432025;
562	562	544 (12) the agreement between the Sheriff of Dukes County and the Massachusetts
563	563	545Correction Officers Federated Union, Unit SD1, effective from July 1, 2024 through June 30,
564	564	5462025; and
565	565	547 (13) the agreement between the Sheriff of Worcester County and the New England Policy
566	566	548Benevolent Association, Local 550, Unit SW6, effective from July 1, 2024 through June 30,
567	567	5492025. 27 of 28
568	568	550 SECTION 41. The salary adjustments and other economic benefits authorized by the
569	569	551following collective bargaining agreements shall be effective for the purposes of section 7 of
570	570	552chapter 150E of the General Laws:
571	571	553 (1) the agreement between the Commonwealth of Massachusetts and the National
572	572	554Association of Government Employees (NAGE), Units 1,3, and 6, effective from July 1, 2024
573	573	555through June 30, 2027;
574	574	556 (2) the agreement between the Commonwealth of Massachusetts and the Alliance,
575	575	557AFSCME-SEIU-Local 888, Unit 2, effective from July 1, 2024 through June 30, 2027;
576	576	558 (3) the agreement between the Sheriff of Essex County and the National Correctional
577	577	559Employees Union Local 121, Unit SE7, effective from July 1, 2024 through June 30, 2027;
578	578	560 (4) the agreement between the Sheriff of Essex County and the International Brotherhood
579	579	561of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
580	580	562R1-71, Unit SE9, effective from July 1, 2024 through June 30, 2027;
581	581	563 (5) the agreement between the Massachusetts State Lottery Commission and the Service
582	582	564Employees International Union, Local 888, Unit LT1, effective from July 1, 2024 through June
583	583	56530, 2027;
584	584	566 (6) the agreement between the Commonwealth of Massachusetts and the Massachusetts
585	585	567Organization of State Engineers and Scientists, Unit 9, effective from July 1, 2024 through June
586	586	56830, 2027;
587	587	569 (7) the agreement between the Court Administrator of the Trial Court of the
588	588	570Commonwealth of Massachusetts and the National Association of Government Employees 28 of 28
589	589	571International Union, Local 5000, Units J2C and J2P, effective from July 1, 2024 through June
590	590	57230, 2027; and
591	591	573 (8) the agreement between the Commonwealth of Massachusetts and the Service
592	592	574Employees International Union (SEIU) Local 509, Units 8 and 10, effective from January 1,
593	593	5752024 through December 31, 2026. SECTION 42. Section 4 is hereby repealed.
594	594	576 SECTION 43. Sections 8, 9 and 10 shall take effect on January 1, 2024.
595	595	577 SECTION 44. Section 11 shall take effect for estates of decedents dying on or after
596	596	578January 1, 2023.
597	597	579 SECTION 45. Section 42 shall take effect on June 30, 2029.