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