Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4804 Compare Versions

Only one version of the bill is available at this time.

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3	3	FILED ON: 6/27/2024
4	4	HOUSE . . . . . . . . . . . . . . . No. 4804
5	5	House bill No. 4789, as amended and passed to be engrossed by the House. June 27, 2024.
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act relative to strengthening Massachusetts’ economic leadership.
12	12	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
13	13	forthwith finance improvements to the commonwealth’s economic infrastructure, drive industry
14	14	innovation, and promote economic opportunity and job creation, therefore it is hereby declared
15	15	to be an emergency law, necessary for the immediate preservation of the public convenience.
16	16	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
17	17	of the same, as follows:
18	18	1 SECTION 1. To provide for a program of community development, economic
19	19	2opportunities, support for local governments, increased industry innovation, job creation and the
20	20	3promotion of economic reinvestment through the funding of infrastructure improvements the
21	21	4sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the
22	22	5conditions specified in this act, are hereby made available, subject to the laws regulating the
23	23	6disbursement of public funds. These sums shall be in addition to any amounts previously
24	24	7authorized and made available for the purposes of those items. The sums set forth in sections 2 to
25	25	82B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C shall
26	26	9be made available until June 30, 2034.
27	27	10 SECTION 2. 2 of 227
28	28	11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
29	29	12 Office of the Secretary
30	30	13 7002-1352For a grant program to coastal communities to be administered by the
31	31	14seaport economic council established by Executive Order No. 564; provided, that funding shall
32	32	15be used for community planning and investment activities that stimulate economic development
33	33	16and create jobs in the maritime economy sector, and to construct, improve, repair, maintain and
34	34	17protect coastal assets that are vital to achieving these goals; and provided further, that the
35	35	18planning, prioritization, selection and implementation of projects shall consider climate change
36	36	19impacts in furtherance of the goals of climate change mitigation and adaptation consistent with
37	37	20the integrated state hazard mitigation and climate change adaptation plan................ $100,000,000
38	38	21 7002-1522 For grants administered by Massachusetts Technology Development
39	39	22Corporation established in section 2 of chapter 40G of the General Laws, and doing business as
40	40	23MassVentures; provided, that such grants shall be made on a competitive basis to growing
41	41	24Massachusetts-based companies commercializing technologies developed with assistance of a
42	42	25Small Business Innovation Research or Small Business Technology Transfer grant from a federal
43	43	26agency, including, but not limited to, the United States Department of Defense, the United States
44	44	27Department of Energy or the National Science Foundation…………….…………….$25,000,000
45	45	28 7002-1523For grants administered by Massachusetts Technology Development
46	46	29Corporation established in section 2 of chapter 40G of the General Laws, and doing business as
47	47	30MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts-
48	48	31based companies in support of alternative proteins developed with assistance of a Small Business
49	49	32Innovation Research or Small Business Technology Transfer grant from a federal agency, 3 of 227
50	50	33including, but not limited to, the United States Department of Energy, the United States
51	51	34Department of Agriculture, the United States Food and Drug Administration or the National
52	52	35Science Foundation……………………………………………………………....…....$5,000,000
53	53	36 7002-8003For the Massachusetts Technology Park Corporation established in section
54	54	373 of chapter 40J of the General Laws for matching grants that support alternative proteins among
55	55	38private entities, institutions of higher education, non-profits and other public or quasi-public
56	56	39entities located in the commonwealth; provided, that grants shall be awarded and administered
57	57	40consistent with the strategic goals and priorities of the Massachusetts advanced manufacturing
58	58	41collaborative established in section 10B of chapter 23A of the General Laws; and provided
59	59	42further, that grants shall be awarded in a manner that promotes geographic, social and economic
60	60	43equity……………………………………………………………………………………$5,000,000
61	61	44 7002-8039 For the Scientific and Technology Research and Development Matching
62	62	45Grant Fund established in section 4G of chapter 40J of the General Laws……….......$95,000,000
63	63	46 7002-8044 For a program to be administered by the Massachusetts Development
64	64	47Finance Agency for site assembly, site assessment, predevelopment permitting and other
65	65	48predevelopment and marketing activities that enhance a site’s readiness for commercial,
66	66	49industrial or mixed-use development; provided, that a portion of the funds may be used to
67	67	50facilitate the expansion or replication of successful industrial parks and to support the
68	68	51revitalization of downtown centers…………………………………………................ $3,000,000
69	69	52 7002-8046 For the Massachusetts Growth Capital Corporation established pursuant to
70	70	53section 2 of chapter 40W of the General Laws for a program to provide matching grants to
71	71	54community development financial institutions certified by the United States Treasury or 4 of 227
72	72	55community development corporations certified under chapter 40H of the General Laws to enable
73	73	56them to leverage federal or private investments for the purpose of making loans to small
74	74	57businesses; provided, that such programs shall prioritize socially or economically disadvantaged
75	75	58businesses, which may include, but shall not be limited to, minority-owned, women-owned,
76	76	59veteran-owned or immigrant-owned small businesses, that have historically faced obstacles to
77	77	60accessing capital……………………………………………………………................ $35,000,000
78	78	61 7002-8053 For the Brownfields Redevelopment Fund established in section 29A of
79	79	62chapter 23G of the General Laws……………………………………….…................ $30,000,000
80	80	63 7002-8054 For the Massachusetts Growth Capital Corporation established in section 2
81	81	64of chapter 40W of the General Laws, in consultation with the microbusiness development center
82	82	65within the Massachusetts office of business development, to provide grants to low- and
83	83	66moderate-income entrepreneurs to acquire, expand, improve or lease a facility, to purchase or
84	84	67lease equipment or to meet other capital needs of a business with not more than 20 employees
85	85	68and annual revenues not exceeding $2,500,000, including alternative energy generation projects;
86	86	69provided, that preference shall be given to businesses located in low-income or moderate-income
87	87	70areas or socially or economically disadvantaged businesses, which shall include, but shall not be
88	88	71limited to, minority-owned, women-owned, immigrant-owned or veteran-owned businesses; and
89	89	72provided further, that grants shall be awarded in a manner that promotes geographic
90	90	73equity…………………………………………………………………..........................$10,000,000
91	91	74 7002-8056 For a competitive grant program administered by the office of travel and
92	92	75tourism; provided, that funds may be used to improve facilities and destinations visited by in-
93	93	76state and out-of-state travelers to increase visitation, entice repeat visitation and promote the 5 of 227
94	94	77direct and indirect economic impacts of the tourism industry in all regions of the commonwealth;
95	95	78provided further, that grants shall support the design, repair, renovation, improvement, expansion
96	96	79and construction of facilities owned by municipalities or non-profit entities; provided further,
97	97	80that in evaluating grant applications, priority shall be given to projects located in state-designated
98	98	81cultural districts and projects that promote nature-based, agricultural and other forms of rural
99	99	82tourism; provided further, that all grantees to improve facilities and destinations visited by in-
100	100	83state and out-of-state travelers shall provide a match based on a graduated formula determined by
101	101	84the office of travel and tourism; provided further, that grant recipients shall be required to
102	102	85measure and report on return-on-investment data after the expenditure of grant funds; provided
103	103	86further, that grants shall be awarded in a manner that promotes geographic equity; and provided
104	104	87further, that a portion of the funding may be used to make capital investments that support the
105	105	88commemoration of the 250th anniversary of the founding of the United States…...... $40,000,000
106	106	89 7002-8057 For the Commonwealth Zoological Corporation established in section 2 of
107	107	90chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and
108	108	91specifications, repairs, construction, renovations, improvements, maintenance, asset management
109	109	92and demolition and other capital improvements including those necessary for the operation of
110	110	93facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D.
111	111	94Stone Memorial Zoo…………………………………………………….…................ $15,000,000
112	112	95 7002-8058 For the Massachusetts Broadband Incentive Fund established in section
113	113	966C of chapter 40J of the General Laws, for capital repairs and improvements to broadband
114	114	97infrastructure owned by the Massachusetts Technology Park Corporation established in section 3
115	115	98of chapter 40J………………………………………………………….…................$10,000,000 6 of 227
116	116	99 7002-8059 For the Massachusetts Technology Park Corporation established in section
117	117	1003 of chapter 40J of the General Laws for grant programs that support collaboration among
118	118	101manufacturers located in the commonwealth and institutions of higher education, non-profits or
119	119	102other public or quasi-public entities; provided, that eligible grantees shall include, but not be
120	120	103limited to, participants in the Manufacturing USA institutes, public and private academic
121	121	104institutions, non-profits and private business entities; provided further, that grant programs
122	122	105funded from this item shall consider the strategic goals and priorities of the Massachusetts
123	123	106advanced manufacturing collaborative established in section 10B of chapter 23A of the General
124	124	107Laws; and provided further, that grants shall be awarded in a manner that promotes geographic,
125	125	108social, racial, and economic equity……………………………………………….…...$99,000,000
126	126	109 7002-8061 For the MassWorks infrastructure program established in section 63 of
127	127	110chapter 23A of the General Laws…………………………………………................$400,000,000
128	128	111 7002-8062 For a program to provide assistance to projects that will improve,
129	129	112rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the
130	130	113public purposes of eliminating blight, increasing housing production, supporting economic
131	131	114development projects, increasing the number of commercial buildings accessible to persons with
132	132	115disabilities and conserving natural resources through the targeted rehabilitation and reuse of
133	133	116vacant and underutilized property; provided, that such assistance shall take the form of a grant or
134	134	117a loan provided to a municipality or other public entity, a community development corporation,
135	135	118non-profit entity or for-profit entity; provided further, that eligible uses of funding shall include,
136	136	119but not be limited to: (i) improvements and additions to or alterations of structures and other
137	137	120facilities necessary to comply with requirements of building, fire or other life safety codes and
138	138	121regulations pertaining to accessibility for persons with disabilities, where such code or regulatory 7 of 227
139	139	122compliance is required in connection with a new commercial, residential or civic use of such
140	140	123structure or facility; and (ii) the targeted removal of existing underutilized structures or facilities
141	141	124to create or activate publicly-accessible recreational or civic spaces; provided further, that
142	142	125financial assistance offered pursuant to this line item may be administered by the executive
143	143	126office of economic development through a contract with the Massachusetts Development
144	144	127Finance Agency established in section 2 of chapter 23G of the General Laws; provided further,
145	145	128that the executive office or the Massachusetts Development Finance Agency may establish
146	146	129additional program requirements through regulations or policy guidelines; provided further, that
147	147	130funding shall be awarded on a competitive basis in accordance with such program requirements;
148	148	131provided further, that financial assistance offered pursuant to this item shall be awarded, to the
149	149	132extent feasible, in a manner that reflects geographic and demographic diversity and social, racial
150	150	133and economic equity within the commonwealth; and provided further, that program funds may
151	151	134be used for the reasonable costs of administering the program not to exceed 5 per cent of the total
152	152	135assistance made during the fiscal year…………………………………………........$40,000,000
153	153	136 7002-8066For a capital grant program to be administered by the executive office of
154	154	137economic development, in consultation with the executive office for administration and finance,
155	155	138to provide grants to support large, transformational projects to drive economic growth; provided,
156	156	139that such program may be known as Mass Impact and provided further, that not less than
157	157	140$2,500,000 shall be expended for the Museum of Science, Boston for the development of a
158	158	141multimodal riverwalk across the Charles river in order to create a missing pedestrian and cycling
159	159	142link, connect businesses, and support an inclusive tourism ecosystem…...................$252,500,000
160	160	143 7002-8068 For the rural development program established in section 66A of chapter
161	161	14423A of the General Laws....…………………………………………….…................$100,000,000 8 of 227
162	162	145 7002-8069 For a capital grant program to be administered by the executive office of
163	163	146economic development to provide grants or other financial assistance to private businesses that
164	164	147are constructing or expanding commercial, industrial or manufacturing facilities in the
165	165	148commonwealth which may include, but are not limited to: (i) the construction or expansion of
166	166	149facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling
167	167	150equipment or incorporates other decarbonization measures that would not otherwise be
168	168	151incorporated into the facility design; (ii) the integration of design features that make a facility
169	169	152more resilient to the impacts of climate change, where such design features would not otherwise
170	170	153be economically feasible; or (iii) capital investments that support the creation of a significant
171	171	154number of new jobs in the commonwealth; provided, that the secretary of economic development
172	172	155shall promulgate program guidelines around the administration of the program, which may
173	173	156include administering the program through a contract with the Massachusetts Development
174	174	157Finance Agency or other appropriate quasi-governmental agency………………........$25,000,000
175	175	158 7002-8070 For a capital grant program to be administered by the Massachusetts
176	176	159Technology Park Corporation established in chapter 40J of the General Laws, to support the
177	177	160adoption and application of artificial intelligence capabilities to public policy problems and to
178	178	161leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in
179	179	162technology sectors including, but not limited to, life sciences, healthcare and hospitals, financial
180	180	163services, advanced manufacturing, robotics and education; provided, that grants shall support
181	181	164capital expenses related to activities that leverage emerging artificial intelligence technologies to
182	182	165advance the commonwealth’s lead in such technology sectors; provided further, that grants shall
183	183	166be awarded and administered consistent with the strategic goals and priorities of the AI Strategic
184	184	167Task Force established by Executive Order No. 628; and provided further, that funds shall be 9 of 227
185	185	168used to support the incubation of artificial intelligence firms, advance the adoption of artificial
186	186	169intelligence technologies and support artificial intelligence software and hardware technology
187	187	170development and commercialization activities..…………………….….…................$100,000,000
188	188	171 7002-8072 For a competitive program administered by the Massachusetts Technology
189	189	172Park Corporation established in chapter 40J of the General Laws to provide grants or other
190	190	173financial assistance for infrastructure support for industry-led consortia focused on advancing the
191	191	174commonwealth’s global leadership and growing jobs in key emerging technology sectors
192	192	175including, but not limited to, quantum information sciences and technology, bioindustrial
193	193	176manufacturing and non-therapeutic biomanufacturing, which may include alternative proteins,
194	194	177which are proteins created from plant-based, fermented or cell-cultured inputs and processes to
195	195	178create foods that share sensory characteristics that are consistent with conventional meat and
196	196	179dairy; provided, that grants shall support the development, demonstration, deployment and
197	197	180commercialization of technology in said key emerging technology sectors; and provided further,
198	198	181that funds shall be expended for infrastructure that supports training, company incubation and
199	199	182acceleration, technology testing and evaluation and other commercial and economic
200	200	183development needs……………………………………………………………..........$75,000,000
201	201	184 7002-8074 For a competitive program administered by the Massachusetts Technology
202	202	185Park Corporation established in chapter 40J of the General Laws to provide grants or other
203	203	186financial assistance to support research and development of robotics technology, including but
204	204	187not limited to, robotics incubation, testing, training, workforce development, research and
205	205	188development and commercialization activities; provided, that grants may be made to non-profits,
206	206	189public or private universities or private business entities…………………..................$25,000,000 10 of 227
207	207	190 SECTION 2A.
208	208	191 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
209	209	192 Office of the Secretary
210	210	193 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42
211	211	194of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation,
212	212	195rehabilitation or other capital improvement or deferred maintenance to a cultural
213	213	196facility…………………………………………………………………………………$50,000,000
214	214	197 1100-2520 For grants or other financial assistance to cities, towns, regional
215	215	198organizations whose membership is exclusively composed of municipal governments, municipal
216	216	199redevelopment authorities or agencies or quasi-governmental agencies to support economic
217	217	200development in the commonwealth, including efforts that support workforce development,
218	218	201higher education, tourism and arts and culture; provided, that purposes may include, but shall not
219	219	202be limited to, planning and studies, preparation of plans and specifications, site assembly and
220	220	203preparation, dispositions, acquisitions, repairs, renovations, improvements, construction,
221	221	204demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment
222	222	205and other capital assets, technical assistance and information technology equipment and
223	223	206infrastructure…………………………………………………………………………$100,000,000
224	224	207 1100-2521 For the Massachusetts Educational Financing Agency established in
225	225	208section 4 of chapter 15C of the General Laws to assist students, their parents and others
226	226	209responsible for paying the costs of education as well as assisting institutions of higher education
227	227	210in supporting access to affordable higher education opportunities……………………$85,000,000 11 of 227
228	228	211 1599-1016For local economic development projects; provided, that not less than
229	229	212$100,000 shall be expended to the Tantasqua regional school district for a district wide electric
230	230	213vehicle charger installation project; provided further, that not less than $5,000,000 shall be
231	231	214expended for Gloucester city hall; provided further, that not less than $1,000,000 shall be
232	232	215expended for the University of Massachusetts Amherst marine station in Gloucester for a study
233	233	216and implementation plan for the development of the blue economy on the north shore and an
234	234	217ocean cluster on Cape Ann; provided further, that not less than $10,000,000 shall be expended
235	235	218for the town of Manchester-by-the-Sea to modernize, upgrade and expand electrical power
236	236	219transmission and distribution infrastructure for the purpose of hosting the expansion of the Cell
237	237	220Signaling Technology campus; provided further, that not less than $75,000 shall be expended to
238	238	221the town of Shrewsbury for an economic development strategy to promote business development
239	239	222along route 20; provided further, that not less than $25,000 shall be expended for the façade
240	240	223grant program in the town of Shrewsbury for improvements to commercial buildings of small
241	241	224businesses; provided further, that not less than $150,000 shall be expended for multimodal
242	242	225transportation enhancements and the construction of urban park enhancements in Shrewsbury’s
243	243	226town center business district; provided further, that not less than $1,575,000 shall be expended
244	244	227for economic development through improved infrastructure and roadways for the Otis street
245	245	228project in the town of Westborough; provided further, that not less than $1,000,000 shall be
246	246	229expended for the Taunton municipal lighting plant for the expansion of broadband services to
247	247	230commercial enterprises and residents; provided further, that not less than $10,000,000 shall be
248	248	231expended for a grant program funding capital projects at rest homes; provided further, that not
249	249	232less than $2,000,000 shall be expended for the McKinney playground in the Brighton
250	250	233neighborhood of the city of Boston for the implementation of the master plan including ball field 12 of 227
251	251	234renovations and pathway improvements; provided further, that not less than $2,500,000 shall be
252	252	235expended for the rehabilitation of the former Malden district courthouse for the purpose of
253	253	236creating a new arts and culture space; provided further, that not less than $100,000 shall be
254	254	237expended for the North Quabbin chamber of commerce; provided further, that not less than
255	255	238$500,000 shall be expended for the Franklin Regional Council of Governments; provided further,
256	256	239that not less than $200,000 shall be expended for Economic Development and Industrial
257	257	240Corporation in the town of Orange; provided further, that not less than $500,000 shall be
258	258	241expended for the Holyoke department of public works to develop a strategic plan to maximize
259	259	242revenue and to enhance Holyoke’s economic activity and initiatives; provided further, that not
260	260	243less than $2,000,000 shall be expended to the Adams Presidential Center in the city of Quincy;
261	261	244provided further, that not less than $100,000 shall be expended for the town of Wayland for their
262	262	245route 20 master plan and future town-wide master and strategic plans; provided further, that not
263	263	246less than $100,000 shall be expended to fund an economic development coordinator for
264	264	247Wayland; provided further, that not less $100,000 shall be expended for the implementation of
265	265	248the MBTA Communities Act in Wayland; provided further, that not less than $4,000,000 shall be
266	266	249expended for the Holyoke community health center for planning, renovations, improvements,
267	267	250construction, the modernization of facilities, infrastructure, equipment and other capital needs for
268	268	251the workforce education and training center for the Pioneer Valley; provided further, that not less
269	269	252than $500,000 shall be expended for the town of Wakefield for critical upgrades to the Albion
270	270	253Cultural Exchange to allow for an elevator and accessibility to the second floor for micro work
271	271	254spaces; provided further, that not less than $1,000,000 shall be expended shall be expended for
272	272	255the Cape Verdean Association of Boston for the acquisition of their building to continue
273	273	256providing youth employment and violence prevention services; provided further, that not less 13 of 227
274	274	257than $100,000 shall be expended for wayfinding signage improvements and streetscape
275	275	258enhancements in the historic downtown and central business district of Methuen; provided
276	276	259further, that not less than $20,000 shall be expended for the town of Natick to study the
277	277	260feasibility of shared-use path along the half-mile stretch of northeast Natick between Weston and
278	278	261Wayland; provided further, that not less than $100,000 shall be expended for electrical and
279	279	262internet utility service improvements at east Natick industrial park; provided further, that not less
280	280	263than $250,000 shall be expended for improvements to the energy management system at the
281	281	264Nevins Memorial library; provided further, that not less than $250,000 shall be expended to
282	282	265support the sustainable re-use of the historic Edward F. Searles estate; provided further, that not
283	283	266less than $500,000 shall be expended for the design of the redevelopment of Middlesex avenue
284	284	267parking structure in Natick; provided further, that not less than $500,000 shall be expended for
285	285	268pedestrian, bike lanes, and traffic safety improvements in Natick; provided further, that not less
286	286	269than $200,000 shall be expended for the town of Somerset to support Peddles and Parks program
287	287	270for revitalization of parks and bicycle lanes; provided further, that not less than $2,000,000 shall
288	288	271be expended for the preparation of building a sports complex in western Massachusetts housing
289	289	272the International Volleyball Hall of Fame; provided further, that not less than $500,000 shall be
290	290	273expended for the repurposing of the former police station on Russells Mills road in Dartmouth
291	291	274into a business incubator space for graduates of Greater New Bedford Regional Vocational high
292	292	275school, under 30 years of age, who did not attend a higher education institution and are starting a
293	293	276business; provided further, that not less than $150,000 shall be expended for New England
294	294	277Culinary Arts training for a financial assistance pilot program for students; provided further, that
295	295	278not less than $500,000 shall be expended for Science Club For Girls in the city of Cambridge to
296	296	279support educational programs in science, technology, engineering and mathematics for girls and 14 of 227
297	297	280gender-expressive youth; provided further, that not less than $5,000,000 shall be expended to the
298	298	281New England Historic Genealogical Society for improvements to areas that house and preserve
299	299	282historical artifacts and records of the commonwealth; provided further, that not less than
300	300	283$6,000,000 shall be expended for the restoration of a historic façade at the Alexandria hotel in
301	301	284the city of Boston; provided further, that not less than $30,000 shall be expended for the
302	302	285construction of a fence around Depot Square park in Ayer; provided further, that not less than
303	303	286$1,750,000 shall be expended for necessary renovation and expansion of the Greater New
304	304	287Bedford community health center; provided further, that not less than $500,000 shall be
305	305	288expended for the New Bedford community economic development center for the capitol theater
306	306	289on Acushnet avenue; provided further, that not less than $150,000 shall be expended to the town
307	307	290of Oakham for building upgrades and general improvements, including the construction of a new
308	308	291town hall; provided further, that not less than $1,000,000 shall be expended for Courniotes hall at
309	309	292American International College for capital improvements and repairs necessary due to lightning
310	310	293strike in July 2023; provided further, that not less than $150,000 shall be expended for the
311	311	294construction of a new fire station in the town of Barre; provided further, that not less than
312	312	295$2,500,000 shall be expended for capital costs related to the construction of the Louis D. Brown
313	313	296Peace Institute's Center for Healing, Teaching and Learning for families and communities
314	314	297throughout the commonwealth impacted by murder, trauma, grief and loss; provided further, that
315	315	298not less than $10,000,000 shall be expended for the design and construction of a new North End
316	316	299community center in the North End neighborhood of the city of Boston; provided further, that
317	317	300not less than $20,000,000 shall be expended for the route 128 exit 19 interchange improvement
318	318	301project (phase II) in Beverly currently identified as Mass Highway project file no. 607727;
319	319	302provided further, that not less than $150,000 shall be expended to the town of Hubbardston for 15 of 227
320	320	303the construction of a new fire station; provided further, that not less than $150,000 shall be
321	321	304expended for the construction of a new police station in the town of Hardwick; provided further,
322	322	305that not less than $250,000 shall be expended for the purpose of promoting economic
323	323	306development and making improvements in Grafton; provided further, that not less than
324	324	307$1,000,000 shall be expended for the Children’s Services of Roxbury to renovate and transform
325	325	3082 underutilized buildings in the heart of Boston’s Black community; provided further, that not
326	326	309less than $500,000 shall be expended for FORGE to sustain and expand a state-wide program
327	327	310which promotes manufacturing and innovation, including climate tech, through the support of
328	328	311hardtech startup manufacturing readiness and local supply chains; provided further, that not less
329	329	312than $250,000 shall be expended for economic development promotion in the town of Upton;
330	330	313provided further, that not less than $100,000 shall be expended for electronic signage in
331	331	314Lancaster; provided further, that not less than $250,000 shall be expended for Higher
332	332	315Expectation sports complex in Springfield; provided further, that not less than $1,000,000 shall
333	333	316be expended for renovations from the Gough House in the town of Boylston; provided further,
334	334	317that not less than $200,000 shall be expended for septic systems on town-owned land in Post
335	335	318Office square in the town of Sharon; provided further, that not less than $1,000,000 shall be
336	336	319expended for the renovation of the train depot in the town of Stoughton; provided further, that
337	337	320not less than $250,000 shall be expended for the construction of a new fire station in
338	338	321Southbridge; provided further, that not less than $50,000 shall be expended for Hebron Food
339	339	322Pantry for the costs associated with the purchase and compliance of the building located at 40
340	340	323Emory street in Attleboro; provided further, that not less than $250,000 shall be expended for
341	341	324promoting economic development and making improvements in the town of Northbridge;
342	342	325provided further, that not less than $1,000,000 shall be expended for capital expenditures in the 16 of 227
343	343	326town of Lexington for events related to the 250th anniversary celebration; provided further, that
344	344	327not less than $250,000 shall be expended for African Diaspora Mental Health Association LLC
345	345	328in Springfield; provided further, that not less than $250,000 shall be expended for Stevens Mill
346	346	329LLC for the renovation of Stevens Linen mill for market rate, senior and affordable housing units
347	347	330along with the buildout of new business space in the town of Dudley; provided further, that not
348	348	331less than $2,000,000 shall be expended for the project of dredging the Ten Mile river; provided
349	349	332further, that not less than $500,000 shall be expended for improvements at Sholan Farms in
350	350	333Leominster; provided further, that not less than $500,000 shall be expended for Main Street
351	351	334Indian Orchard downtown revitalization in the city of Springfield; provided further, that not less
352	352	335than $500,000 shall be expended for the development of athletic fields behind the Leominster
353	353	336high school in the city of Leominster; provided further, that not less than $100,000 shall be
354	354	337expended for a route 20 master plan; provided further, that not less than $5,000,000 shall be
355	355	338expended for the Chinatown branch library in the city of Boston; provided further, that not less
356	356	339than $100,000 shall be expended for recruitment and funding of an economic development
357	357	340coordinator position for the town of Sudbury; provided further, that not less than $3,500,000
358	358	341shall be expended for the Westmass Area Development Corporation to support the
359	359	342redevelopment and expansion of properties and expenses associated with carbon neutral
360	360	343developments to support the residents and businesses of Ludlow Mills; provided further, that not
361	361	344less than $500,000 shall be expended for Sturdy Health for the completion and interconnection
362	362	345of a combined heat and power plant aimed at minimizing the use of fossil-fuel heating and
363	363	346cooling at their Attleboro facility; provided further, that not less than $50,000 shall be expended
364	364	347for the Corporation for Public Management for the development of a downtown initiative in
365	365	348Chicopee; provided further, that not less than $500,000 shall be expended for WPC pump station 17 of 227
366	366	349and combined sewer overflow facility improvements in the city of Chicopee; provided further,
367	367	350that not less than $35,000 shall be expended for the implementation of Locally Grown Sudbury,
368	368	351including Sudbury grown fairs, a climate resilient food security engagement series, a farmers'
369	369	352market feasibility plan and other initiatives for the town of Sudbury; provided further, that not
370	370	353less than $500,000 shall be expended to the city of Leominster for the stabilization of the North
371	371	354Nashua river; provided further, that not less than $250,000 shall be expended for the
372	372	355development and expansion of water infrastructure in Charlton to encourage business
373	373	356development and mitigate PFAS; provided further, that not less than $2,500,000 shall be
374	374	357expended for capital upgrades to the Lynn Community Health Center; provided further, that not
375	375	358less than $250,000 shall be expended for Black history in Action in the city of Cambridge for the
376	376	359design and construction of the Center for Black Exuberance to foster collective liberation
377	377	360practices through the arts, education and public history; provided further, that not less than
378	378	361$5,000,000 shall be expended for capital improvements to the Boston Shipyard and Marina;
379	379	362provided further, that not less than $250,000 shall be expended for Springfield Hope Community
380	380	363Development Corporation community outreach; provided further, that not less than $1,000,000
381	381	364shall be expended for new sidewalks, pedestrian safety, traffic calming and capital improvements
382	382	365for the town of Hamilton’s core business district; provided further, that not less than $250,000
383	383	366shall be expended for the Acorn Street Boys and Girls Club; provided further, that not less than
384	384	367$250,000 shall be expended for the Spring of Hope body and soul program; provided further,
385	385	368that not less than $1,500,000 shall be expended for capital improvements to the Museum of
386	386	369African American History; provided further, that not less than $150,000 shall be expended to the
387	387	370town of Georgetown for the Georgetown Youth Community Center to help youth and at-risk
388	388	371youth develop networking and job skills; provided further, that not less than $2,500,000 shall be 18 of 227
389	389	372expended for the expansion and renovation of the Huntington theatre; provided further, that not
390	390	373less than $300,000 shall be expended to the city of Medford for revitalizing Medford Square’s
391	391	374waterfront area for community use and recreational purposes; provided further, that not less than
392	392	375$2,500,000 shall be expended to the city of Boston for the construction planning, capital projects
393	393	376and deferred maintenance by Revolutionary Spaces at the Old State House and Old South
394	394	377Meeting House; provided further, that not less than $250,000 shall be expended to Parent
395	395	378Villages Youth Outreach Center; provided further, that not less than $300,000 shall be expended
396	396	379to Riverside Place in Medford for the installation of seating and outdoor coverage for residents;
397	397	380provided further, that not less than $250,000 shall be expended to Springfield Neighborhood
398	398	381Housing Services, Inc.; provided further, that not less than $150,000 shall be expended to the
399	399	382town of Topsfield for public safety and access improvements to enhance connectivity in and
400	400	383around the downtown area; provided further, that not less than $150,000 shall be expended to the
401	401	384town of Ipswich for the weatherization and efficiency upgrades to the historic Hart-Haskell
402	402	385House and its surrounding historic district; provided further, that not less than $2,000,000 shall
403	403	386be expended for the expansion of the Berkshire Innovation Center at the William Stanley
404	404	387Business Park in the city of Pittsfield; provided further, that not less than $5,000,000 shall be
405	405	388expended to the Harvard Street Neighborhood Health Center for the purpose of planning and
406	406	389developing affordable housing units at 632 Blue Hill avenue and 616 Blue Hill avenue in
407	407	390Boston; provided further, that not less than $1,500,000 shall be expended to the city of Fitchburg
408	408	391to assist with the redevelopment, renovation and site improvement of underutilized properties to
409	409	392provide additional housing capacity; provided further, that not less than $1,000,000 shall be
410	410	393expended for the Lowell Community Health Center for the development and operation of the
411	411	394Family Medicine Residency Program; provided further, that not less than $250,000 shall be 19 of 227
412	412	395expended to the town of Mansfield for the designing, planning and improving development in
413	413	396the parkway from North Main street and Chauncy street; provided further, that not less than
414	414	397$150,000 shall be expended to the town of Newbury for the construction of a new, ADA-
415	415	398compliant playground at the Central Street Athletic Fields; provided further, that not less than
416	416	399$100,000 shall be expended to the city of Lawrence for the rehabilitation of the handball court
417	417	400located at the corner of Oxford street and Lowell street; provided further, that not less than
418	418	401$10,000,000 shall be expended to UTEC, Inc. for establishing a new social enterprise facility to
419	419	402provide employment training and best reduce recidivism for individuals in the Merrimack valley
420	420	403area; provided further, that not less than $5,000,000 shall be expended to Sueños Basketball for
421	421	404the construction or procurement of a new youth athletic facility center in Lawrence; provided
422	422	405further, that not less than $500,000 shall be expended to the Fitchburg Public library to develop a
423	423	406learning lab for resume workshops and job training programming; provided further, that not less
424	424	407than $2,500,000 shall be expended to the city of Boston for the design and construction of the
425	425	408BCYF Dorchester Community Center; provided further, that not less than $150,000 shall be
426	426	409expended to the town of Southampton for the construction of a new safety complex; provided
427	427	410further, that not less than $35,000 shall be expended for the Godfrey Triangle WWII memorial
428	428	411restoration in Springfield; provided further, that not less than $5,000,000 shall be expended to
429	429	412the city of Boston for the design and renovation of Madison Park Technical Vocational high
430	430	413school; provided further, that not less than $1,000,000 shall be expended for repairs to public
431	431	414parking garages to revitalize Malden center; provided further, that not less than $1,000,000 shall
432	432	415be expended for revitalization of the pleasant street business district in Malden; provided further,
433	433	416that not less than $300,000 shall be expended to Chelsea Black Community to support the
434	434	417infrastructure needed for in-house workforce development initiatives; provided further, that not 20 of 227
435	435	418less than $500,000 be expended to La Colaborativa to support expanded access to green jobs and
436	436	419workforce development programs to residents with limited work readiness skills or English
437	437	420fluency; provided further, that not less than $350,000 shall be expended to Governor
438	438	421Bellingham-Cary House Association for needed renovations of the Governor Bellingham-Cary
439	439	422House; provided further, that not less than $800,000 shall be expended for the reconstruction,
440	440	423improvements and to upgrade access to the boat ramp, parking lot and shore fishing facility at
441	441	424Laurel lake in the town of Lee; provided further, that not less than $150,000 shall be expended to
442	442	425the town of Somerset for the façade grant program to assist small businesses in improving their
443	443	426commercial building façades and other exterior features; provided further, that not less than
444	444	427$2,500,000 shall be expended to the Boston Symphony Orchestra for security upgrades at
445	445	428Tanglewood in the Berkshires; provided further, that not less than $250,000 shall be expended
446	446	429for the development of a micro-regional transit program in southern Berkshire county; provided
447	447	430further, that not less than $500,000 shall be expended for the city of Worcester to establish a
448	448	431storefront façade improvement program; provided further, that not less than $500,000 shall be
449	449	432expended for the town of Leicester to redevelop and re-use town-managed property for the
450	450	433development of an entrepreneurship center and commercial kitchen; provided further, that not
451	451	434less than $1,000,000 shall be expended to Berkshire Film and Media Collaborative for the
452	452	435completion of the International Education center in Berkshire county; provided further, that not
453	453	436less than $500,000 shall be expended for the emergency replacement of the Brookside Road
454	454	437bridge in the town of Great Barrington; provided further, that not less than $2,500,000 shall be
455	455	438expended for the acquisition of 167-171 Main street in the city of Marlborough for the design,
456	456	439construction and further economic development efforts of the Marlborough village district;
457	457	440provided further, that not less than $500,000 shall be expended for the town of Leicester to 21 of 227
458	458	441partner with MassBio to establish a veterinary training and research program; provided further,
459	459	442that not less than $300,000 shall be expended for fire and EMS services in the town of Norfolk;
460	460	443provided further, that not less than $250,000 shall be expended to the town of Tewksbury to
461	461	444assist in redesigning route 38 in Tewksbury from Colonial drive to Shawsheen street; provided
462	462	445further, that not less than $250,000 shall be expended for the redesign of route 38 in Tewksbury;
463	463	446provided further, that not less than $250,000 shall be expended to the town of Wilmington to
464	464	447assist in redesigning route 38 in Wilmington from Burlington avenue to Richmond street;
465	465	448provided further, that not less than $2,000,000 shall be expended to the city of Boston for the
466	466	449redesign and construction of Blue Hill avenue; provided further, that not less than $1,000,000
467	467	450shall be expended to the town of Tewksbury for restoration, clearing and renovation of, or
468	468	451development of the Trahan Elementary school and/or North Street Elementary school properties;
469	469	452provided further, that not less than $20,000 shall be expended to the town of Norwell for the
470	470	453purpose of promoting an economic growth plan and making improvements within the town;
471	471	454provided further, that not less than $500,000 shall be expended to the town of Tewksbury for the
472	472	455construction or renovation of sidewalks on North street; provided further, that not less than
473	473	456$1,000,000 shall be expended for the North End Waterfront Neighborhood Health Center;
474	474	457provided further, that not less than $300,000 shall be expended to the town of Southborough for
475	475	458economic development projects, including wayfinding signage; provided further, that not less
476	476	459than $300,000 shall be expended to the town of Northborough for economic development
477	477	460projects, including wayfinding signage and signage and façade improvements to the downtown
478	478	461area in the town of Northborough; provided further, that not less than $400,000 shall be
479	479	462expended to the town of Westborough for economic development projects, including the creation
480	480	463of an electric vehicle station plan, costs associated with rotary redesign, sidewalk improvements, 22 of 227
481	481	464and municipal parking improvements, and other projects in the town of Westborough; provided
482	482	465further, that not less than $500,000 shall be expended to Habitat for Humanity Greater Boston,
483	483	466Inc. for infrastructure, renovation and development costs at 104-108 Walter street in the
484	484	467Roslindale neighborhood of the city of Boston; provided further, that not less than $2,000,000
485	485	468shall be expended to the city of Boston for the design and renovation of Billings field in the West
486	486	469Roxbury neighborhood of the city of Boston; provided further, that not less than $45,000 shall be
487	487	470expended for the town of Boxborough for the replacement of the culvert at Guggins Brook
488	488	471beneath Liberty Square road; provided further, that not less than $50,000 shall be expended to
489	489	472the Economic Development Council of Western Massachusetts, Inc. to assist displaced
490	490	473businesses in Springfield; provided further, that not less than $1,000,000 shall be expended to
491	491	474assist the city of Worcester in its 10-year cultural plan to promote diversity, equity and inclusion
492	492	475programming; provided further, that not less than $250,000 shall be expended to Old Hill
493	493	476Community Center; provided further, that not less than $100,000 shall be expended for the
494	494	477Dismas House in Worcester; provided further, that not less than $200,000 shall be expended for
495	495	478the Salem YMCA childcare program outdoor recreational center; provided further, that not less
496	496	479than $500,000 shall be expended for the 2-year pilot program to expand the service of the Salem
497	497	480skipper into Beverly and Danvers; provided further, that not less than $1,000,000 shall be
498	498	481expended for the South Salem commuter rail stop to support the final design phase work;
499	499	482provided further, that not less than $1,500,000 shall be expended to CitySpace Easthampton for
500	500	483the renovation of Old Town Hall; provided further, that not less than $650,000 shall be expended
501	501	484to Helfrich Brothers Inc. for the investment of advanced machinery specifically designed for the
502	502	485manufacturing of GreenTech products; provided further, that not less than $750,000 shall be
503	503	486expended to the office of transportation planning to conduct a land use and transportation study 23 of 227
504	504	487of the I-495 corridor and MetroWest region of the commonwealth as recommended by the 2018
505	505	488495/MetroWest Suburban Edge Community commission, including: (i) the current conditions of
506	506	489regional transportation in the region; (ii) establishing the future regional transportation, housing
507	507	490and economic development priorities; (iii) making recommendations to improve the region's
508	508	491residents' and workers' mobility; and (iv) connecting the region’s major transit routes; provided
509	509	492further, that not less than $1,000,000 shall be expended to the YMCA of the North Shore, Inc.
510	510	493for the Haverhill YMCA development projects; provided further, that not less than $1,000,000
511	511	494shall be expended to the city of Haverhill for the repair and renovation of the Haverhill stadium
512	512	495and other park and recreation projects; provided further, that not less than $10,000,000 shall be
513	513	496expended to the Haverhill public library for necessary improvements to infrastructure and
514	514	497accessibility; provided further, that not less than $300,000 shall be expended to the Springfield
515	515	498Symphony Orchestra, Inc. to develop and grow the Springfield Symphony Youth Orchestra and
516	516	499educational programming initiative, for the development of new employment opportunities
517	517	500including paid student internships, for scholarship dollars for educational concerts and to create
518	518	501programming in western Massachusetts; provided further, that not less than $2,000,000 shall be
519	519	502expended for the Boys & Girls Club of Greater Lowell, Inc. for the repair and renovation of the
520	520	503club’s property at Middlesex street in the city of Lowell to allow for the expansion and creation
521	521	504of programs to provide workforce development training, aid in closing the academic
522	522	505achievement gap and for the creation of permanent new jobs in Lowell; provided further, that not
523	523	506less than $1,000,000 shall be expended to convert the former McKinley school in Revere into a
524	524	507food hub; provided further, that not less than $10,000,000 shall be expended for Suffolk Downs
525	525	508to support mixed use development for the project in Boston and Revere; provided further, that
526	526	509not less than $280,000 shall be expended for the city of Revere to conduct a master planning 24 of 227
527	527	510exercise for the Squire road corridor; provided further, that not less than $50,000,000 shall be
528	528	511expended for Nubian square for a life sciences training development on the “Blair Site” in the
529	529	512Dudley Square economic development area in the city of Boston; provided further, that not less
530	530	513than $1,000,000 shall be expended to address business improvements and vacancy in West
531	531	514Medford square in the city of Medford; provided further, that not less than $1,000,000 shall be
532	532	515expended for improvements to business districts, sidewalks and bridge repairs in the town of
533	533	516Arlington; provided further, that not less than $1,000,000 shall be expended to address business
534	534	517improvements and vacancy in the town of Arlington; provided further, that not less than
535	535	518$4,700,000 shall be expended for capital repairs, ADA enhancements and a feasibility study for
536	536	519water line replacement on Georges Island; provided further, that not less than $2,000,000 shall
537	537	520be expended to the city of Quincy for dredging the channel in Quincy Bay and beach restoration
538	538	521in the Merrymount neighborhood; provided further, that not less than $500,000 shall be
539	539	522expended for Pawtucket Farm Wildlife Sanctuary to protect the last farm in Lowell for urban
540	540	523agriculture, community gardens, youth career development and to build an urban environmental
541	541	524education center; provided further, that not less than $500,000 shall be expended for the Planned
542	542	525Parenthood League of Massachusetts, Inc. for infrastructure projects, including but not limited
543	543	526to, renovations, facility upgrades and the expansion of health service areas, to enhance healthcare
544	544	527delivery and support community health needs; provided further, that not less than $1,000,000
545	545	528shall be expended for the city of Boston to develop a design of a comprehensive park renovation
546	546	529of Clifford park; provided further, that not less than $75,000 shall be expended to the Brookline
547	547	530Community Foundation, Inc. for community theater and diverse cultural programming; provided
548	548	531further, that not less than $5,000,000 shall be expended for the New Bedford Whaling Museum’s
549	549	532welcome and exhibition center; provided further, that not less than $750,000 shall be expended 25 of 227
550	550	533for capital funding to find a new accessible home for Vinfen’s Gateway Arts program, which
551	551	534provides working artists with disabilities a vocational and employment opportunity fostering
552	552	535independence in the community; provided further, that not less than $3,000,000 shall be
553	553	536expended for YMCA Southcoast for infrastructure upgrades; provided further, that not less than
554	554	537$1,000,000 shall be expended for construction of a boat renovation, storage and educational
555	555	538workshop space at the Azorean Maritime Heritage Society in New Bedford; provided further,
556	556	539that not less than $2,000,000 shall be expended for the Eastern States Exposition in West
557	557	540Springfield for improvements to the Better Living Center to increase economic activity and
558	558	541tourism in western Massachusetts; provided further, that not less than $500,000 shall be
559	559	542expended for the town of Scituate for the design and construction of North Scituate sewer;
560	560	543provided further, that not less than $500,000 shall be expended for costs associated with the
561	561	544purchase of information technology, medical equipment and interior building construction and
562	562	545licensing for a community health center in the city of Springfield; provided further, that not less
563	563	546than $500,000 shall be expended for improvements to downtown Plympton in an effort to
564	564	547increase economic activity; provided further, that not less than $800,000 shall be expended for
565	565	548improvements at the intersection of Great Pond road and Osgood street (route 125), and the
566	566	549nearby vicinity, in the town of North Andover; provided further, that not less than $3,000,000
567	567	550shall be expended for Worcester Polytechnic Institute to establish an Innovation Hub for
568	568	551Recovery and Regeneration to serve as a focal point in research, workforce development,
569	569	552corporate-university partnerships and entrepreneurial growth in the region; provided further, that
570	570	553not less than $10,000,000 shall be expended for the Massachusetts Port Authority for the
571	571	554planning and rehabilitation of the North Jetty, located in the South Boston waterfront, to support
572	572	555the offshore wind industry and to import special project and break-bulk cargoes; provided 26 of 227
573	573	556further, that not less than $500,000 shall be expended for the town of Kingston for roadway
574	574	557safety improvements; provided further, that not less than $250,000 shall be expended for the
575	575	558purpose of identifying a proper site, management model and establishing an Upper Cape Blue
576	576	559Economy/Business Accelerator as identified in the Cape Cod Blue Economy Project: A Call to
577	577	560Action report; provided further, that not less than $10,000,000 shall be expended for the
578	578	561reconstruction and rehabilitation of the South Jetty in the Raymond L. Flynn Marine Park in the
579	579	562South Boston section of the city of Boston; provided further, that not less than $250,000 shall be
580	580	563expended to the town of Halifax to assist with the implementation of the MBTA Communities
581	581	564Act provisions; provided further, that not less than $800,000 shall be expended for Westfield
582	582	565State University to build a new mental health hub to address workforce shortages in behavioral
583	583	566health, nursing and healthcare in western Massachusetts; provided further, that not less than
584	584	567$50,000 shall be expended for the Allston-Brighton Community Development Corporation to
585	585	568renovate the Hill House in Boston; provided further, that not less than $100,000 shall be
586	586	569expended for improvements to the South Shore Irish heritage trail in Scituate; provided further,
587	587	570that not less than $1,000,000 shall be expended for the historic Iron Horse Music Hall in the city
588	588	571of Northampton; provided further, that not less than $250,000 shall be expended for the Center
589	589	572After School program in Springfield; provided further, that not less than $5,000,000 shall be
590	590	573expended for the Boston Children’s Museum for planning, repairs, renovations, improvements,
591	591	574construction and the modernization of facilities, infrastructure, equipment and other capital
592	592	575needs; provided further, that not less than $100,000 shall be expended for the town of Scituate
593	593	576for maintenance and improvements to the Scituate Visitor Center; provided further, that not less
594	594	577than $4,300,000 shall be expended for marina and pier enhancements on Spectacle Island;
595	595	578provided further, that not less than $1,000,000 shall be expended for the city of Boston for the 27 of 227
596	596	579design of connection walking paths to Moakley park in South Boston; provided further, that not
597	597	580less than $500,000 shall be expended for the Zeiterion Performing Arts Center, Inc., for re-
598	598	581opening planning and support; provided further, that not less than $2,000,000 shall be expended
599	599	582for the study, design and construction of a new school building for the Shaw-Taylor school in
600	600	583Boston; provided further, that not less than $2,000,000 shall be expended for the city of
601	601	584Worcester to support the historic preservation and adaptive reuse of the Worcester Memorial
602	602	585Auditorium; provided further, that not less than $150,000 shall be expended for the Plymouth
603	603	586Regional Economic Foundation, Inc. to study how to meet the needs of resident entrepreneurs
604	604	587and manufacturers; provided further, that not less than $150,000 shall be expended for Plymouth
605	605	588to conduct site assessments and determine suitable locations for commercial redevelopment;
606	606	589provided further, that not less than $150,000 shall be expended for Plymouth to hire a consultant
607	607	590to assist with the Plymouth Regional Convention Center implementation strategy, including site
608	608	591selection, pre-design work, determining market performance, build program, job creation
609	609	592projections, incentives package and infrastructure improvement; provided further, that not less
610	610	593than $150,000 shall be expended for the town of Plymouth for improvements to the Herring pond
611	611	594and State road intersection to support commercial growth in Cedarville; provided further, that not
612	612	595less than $500,000 shall be expended for renovations and restoration of the Soldiers and Sailors
613	613	596Memorial Building in Melrose; provided further, that not less than $522,000 shall be expended
614	614	597for capital repairs and ADA enhancements to Peddocks Island Pier; provided further, that not
615	615	598less than $100,000 shall be expended to the town of Clinton for waste removal at the WHEAT
616	616	599Community Services site; provided further, that not less than $250,000 shall be expended to the
617	617	600town of Oxford to facilitate the expansion of sewer services through inter-municipal sewer
618	618	601agreements; provided further, that not less than $100,000 shall be expended to the town of 28 of 227
619	619	602Clinton for furnishings, equipment and materials in support of beautification and placemaking
620	620	603activities in downtown Clinton; provided further, that not less than $250,000 shall be expended
621	621	604for storefront improvements of the Centralville section in the city of Lowell; provided further,
622	622	605that not less than $2,000,000 shall be expended to the town of Canton for the purposes of
623	623	606redeveloping the former St. Gerard Church property on Washington street in the town of Canton;
624	624	607provided further, that not less than $500,000 shall be expended for the museum at the Revere
625	625	608Heritage Site in the town of Canton; provided further, that not less than $500,000 shall be
626	626	609expended for improvements to the industrial park in the town of Avon; provided further, that not
627	627	610less than $250,000 shall be expended for the town of Douglas to conduct an updated Master
628	628	611Plan; provided further, that not less than $500,000 shall be expended for roadway and sidewalk
629	629	612improvements for Billerica Center and Boston Road in the town of Billerica; provided further,
630	630	613that not less than $200,000 shall be expended to the city of Westfield for the South Maple &
631	631	614Pleasant street economic development projects; provided further, that not less than $500,000
632	632	615shall be expended to Northern Essex Community College to create pathways for high school
633	633	616students to pursue LPN certification alongside their high school diploma; provided further, that
634	634	617not less than $1,000,000 shall be expended to the city of Boston for the renovation of Daisy Field
635	635	618at Olmsted Park; provided further, that not less than $100,000 shall be expended to the
636	636	619Springfield Museums for renovations needed for the childhood home and garage of Dr. Seuss;
637	637	620provided further, that not less than $100,000 shall be expended to the town of Marshfield for 4
638	638	621solar panel pedestrian lights; provided further, that not less than $50,000 shall be expended to the
639	639	622city of Lowell for a feasibility study and schematic design in conjunction with the Merrimack
640	640	623Valley Rowing Association for the development of a boathouse and restaurant on property
641	641	624located along the Merrimack River; provided further, that not less than $500,000 shall be 29 of 227
642	642	625expended for the design and construction of the Sword street culvert replacement project in the
643	643	626town of Auburn; provided further, that not less than $200,000 shall be expended to the town of
644	644	627Oxford for economic development of the downtown area; provided further, that not less than
645	645	628$500,000 shall be expended to the city of Melrose for renovations to public safety buildings
646	646	629within the city; provided further, that not less than $1,000,000 shall be expended to the town of
647	647	630Bedford for public infrastructure related to the proposed fire station at 139 Great road in
648	648	631Bedford; provided further, that not less than $75,000 shall be expended to the Trustees of the
649	649	632Reservation for renovations at the William Cullen Bryant homestead property in Cummington;
650	650	633provided further, that not less than $1,500,000 shall be expended on the New Garden Park, Inc
651	651	634infrastructure improvements for the Greendale Project in the city of Worcester; provided further,
652	652	635that not less than $250,000 shall be expended for the Middlesex 3 Coalition to improve economic
653	653	636development programs in the Middlesex 3 region along U.S. Route 3 from Burlington to the
654	654	637New Hampshire border; provided further, that not less than $1,000,000 shall be expended for the
655	655	638Create 508 Youth Creatives and Entrepreneurs program in the city of Worcester; provided
656	656	639further, that not less than $125,000 shall be expended for efforts to implement a wayfinding
657	657	640signage plan in Hingham Harbor and to highlight assets to growing businesses, regional
658	658	641shoppers, and travelers; provided further, that not less than $500,000 shall be expended to D.W
659	659	642Field Park for roadway and safety improvements in the city of Brockton; provided further, that
660	660	643not less than $1,000,000 shall be expended to the city of Lawrence for small business loans,
661	661	644startup incubators and grants for local businesses to expand operations and create jobs; provided
662	662	645further, that not less than $250,000 shall be expended for the restoration of the Damon Tavern in
663	663	646the town of North Reading; provided further, that not less than $250,000 shall be expended for
664	664	647Lowell Youth Leadership Program Inc. in the city of Lowell; provided further, that not less than 30 of 227
665	665	648$5,000,000 shall be expended to expand the life sciences apprenticeship program administered
666	666	649by the Massachusetts Biotechnology Educational Foundation; provided further, that not less than
667	667	650$250,000 shall be expended to the town of Walpole in order to reopen the East Walpole Fire
668	668	651Station; provided further, that not less than $300,000 shall be expended to the Neponset River
669	669	652Regional Chamber of Commerce; provided further, that not less than $75,000 in matching grants
670	670	653shall be expended for improvements to Newhall Park in the town of Lynnfield; provided further,
671	671	654that not less than $100,000 shall be expended to the Neponset River Regional Chamber of
672	672	655Commerce to establish a business incubator accelerator space for regional business growth;
673	673	656provided further, that not less than $5,000,000 shall be expended for a pilot program for
674	674	657supportive housing loans and rental assistance through the Massachusetts rental voucher program
675	675	658to support the development by the Charles River Center of permanent independent housing for
676	676	659individuals with autism or intellectual disabilities in an integrated housing development, through
677	677	660partnerships with 1 or more non-profit organizations and including the provision of services to
678	678	661such development; provided further, that not less than $500,000 shall be expended to the city of
679	679	662Brockton for the support of downtown revitalization efforts; provided further, that not less than
680	680	663$125,000 shall be expended to the town of Reading for the proper recognition of former resident,
681	681	664civil rights leader, and Boston Celtic great Bill Russell; provided further, that not less than
682	682	665$1,000,000 shall be expended to the town of Belchertown for repairs, renovations, and
683	683	666remediation of town owned buildings formerly of the Belchertown State School; provided
684	684	667further, that not less than $1,000,000 shall be expended to the city of Lawrence for training
685	685	668programs, apprenticeships, and educational initiatives to enhance the skills of the workforce and
686	686	669meet the needs of emerging industries; provided further, that not less than $950,000 shall be
687	687	670expended for the RecoveryWorks program at Massachusetts General Hospital; provided further, 31 of 227
688	688	671that not less than $200,000 in matching grants shall be expended for the construction of the new
689	689	672municipal complex in the town of Middleton; provided further, that not less than $1,000,000
690	690	673shall be expended to the town of West Springfield for planning and acquiring land for the
691	691	674development of a new police station; provided further, that not less than $250,000 shall be
692	692	675expended to the town of Oxford to construct a “Welcome & Interpretive Center” in conjunction
693	693	676with expanded community wayfinding, branding and streetscape improvements; provided
694	694	677further, that not less than $150,000 shall be expended for the establishment of the Greylock Glen
695	695	678Commission; provided further, that not less than $325,000 shall be expended to Lever, Inc. to
696	696	679support entrepreneurs in Berkshire county; provided further, that not less than $500,000 shall be
697	697	680expended for the Williamstown Meetinghouse Preservation Fund, Inc.; provided further, that not
698	698	681less than $250,000 shall be expended for the Adams Theater in the town of Adams; provided
699	699	682further, that not less than $325,000 shall be expended for renovations of the Mohawk Theater
700	700	683located in North Adams; provided further, that not less than $350,000 shall be expended for the
701	701	684Massachusetts Museum of Contemporary Art; provided further, that not less than $500,000 shall
702	702	685be expended to the town of Burlington for a design study to advance Route 3A and Cambridge
703	703	686street roadway improvements that support safe mobility options and unlock new housing and
704	704	687mixed-use development in the Burlington Town Center; provided further, that not less than
705	705	688$1,000,000 shall be expended to the city known as the town of Amherst to make business district
706	706	689sidewalks fully accessible to residential neighborhoods; provided further, that not less than
707	707	690$1,000,000 shall be expended for construction and other project costs of a new department of
708	708	691public works facility in the town of Boxford; provided further, that not less than $1,000,000 shall
709	709	692be expended to the town of Granby to develop, renovate or construct the Granby municipal
710	710	693building; provided further, that not less than $50,000 shall be expended to the town of Wellesley 32 of 227
711	711	694for the early development stages of an arts and cultural center; provided further, that not less than
712	712	695$500,000 shall be expended for capital improvements to Follow Your Art Community Studios in
713	713	696the city of Melrose; provided further, that not less than $200,000 shall be expended to the town
714	714	697of Dighton for infrastructure upgrades to the Main street corridor zoned for business; provided
715	715	698further, that not less than $50,000 shall be expended for façade and storefront improvements of
716	716	699the Vinal Square section of the town of Chelmsford; provided further, that not less than
717	717	700$5,000,000 shall be expended for rural wastewater and public water supplies; provided further,
718	718	701that not less than $1,000,000 shall be expended to the city known as the town of Amherst for the
719	719	702installation of solar canopies on municipal parking lots; provided further, that not less than
720	720	703$500,000, shall be expended for ADA compliance/elevator construction for the redevelopment of
721	721	704multi-story properties within business districts in the city of Lowell; provided further, that not
722	722	705less than $100,000 shall be expended to the town of West Newbury for the construction of a
723	723	706crosswalk at the Page school/pipestave intersection; provided further, that not less than $750,000
724	724	707shall be expended to the Woburn Golf and Ski Authority for water delivery system
725	725	708improvements, including irrigation; provided further, that not less than $500,000 shall be
726	726	709expended to the Shelburne Falls fire district for the bridge of flowers; provided further, that not
727	727	710less than $50,000 shall be expended for the Sports Museum of New England for archive
728	728	711preservation support for exhibits, visitors and the commonwealth; provided further, that not less
729	729	712than $1,000,000 shall be expended to the town of Boxford for the repairs to the superstructure of
730	730	713the Endicott road bridge; provided further, that not less than $10,000,000 shall be expended to
731	731	714support the critical care operations of New England Life Flight, Inc., d/b/a Boston MedFlight;
732	732	715provided further, that not less than $500,000 shall be expended for a commercial fisheries
733	733	716workforce development training program in the Cape Cod region to build a career pipeline that 33 of 227
734	734	717supports the commercial fishing industry; provided further, that not less than $1,000,000 shall be
735	735	718expended to the Naismith Basketball Hall of Fame in the city of Springfield to establish a new
736	736	719major exhibit exploring the intersection of basketball and hip-hop music showcasing its diverse
737	737	720impact on society; provided further, that not less than $12,000,000 shall be expended for
738	738	721construction, renovations and infrastructure improvements to support the imaging innovation
739	739	722initiative for the marine biological laboratory located in Woods Hole in the town of Falmouth;
740	740	723provided further, that not less than $1,000,000 shall be expended for Greentown Labs in the city
741	741	724of Somerville for operations and diverse entrepreneurship program, operational support, and for
742	742	725graduates of the Accel accelerator program for BIPOC entrepreneurs to join the Greentown
743	743	726incubator as member companies; provided further, that not less than $2,000,000 shall be
744	744	727expended to the Roxbury Main Streets to provide relief for license fees, rent relief and payroll
745	745	728for micro businesses on blue hill avenue; provided further, that not less than $300,000 shall be
746	746	729expended to the town of Agawam for the Walnut street extension and the Ramah circle
747	747	730redevelopment and redesign project; provided further, that not less than $150,000 shall be
748	748	731expended to the Cape Cod Chamber of Commerce and the Cape Cod Commission to support
749	749	732deployment of electric vehicle charging stations at Cape Cod hotels and other accommodation
750	750	733locations by analyzing industry and local trends, creating installation and grant guides,
751	751	734conducting outreach and support activities, and developing a pilot incentive program to
752	752	735complement existing state and utility programs; provided further, that not less than $2,000,000
753	753	736shall be expended for the Middleton Electric Light Department in the town of Middleton to
754	754	737modernize, upgrade and expand electrical power transmission and distribution infrastructure for
755	755	738the purpose of ensuring an adequate backup system for Middleton’s municipal and public safety
756	756	739facilities, electric vehicle infrastructure and utility scale solar/battery storage capacity during grid 34 of 227
757	757	740outages; provided further, that not less than $350,000 shall be expended to support New England
758	758	741Public Media's facility by requesting infrastructure improvements and staffing that will serve to
759	759	742create economic opportunities, promote job creation, increase industry innovation and support
760	760	743community engagement; provided further, that not less than $5,000,000 shall be expended to
761	761	744support the replacement and upgrade of the energy and heating system at Beverly Hospital;
762	762	745provided further, that not less than $500,000 shall be expended to the town of Danvers for river
763	763	746resiliency upgrades and expanding pedestrian access to Danversport waterfront and businesses;
764	764	747provided further, that not less than $50,000 shall be expended for the startup of the Framingham
765	765	748Economic Development Committee established pursuant to chapter 283 of the acts of 2022;
766	766	749provided further, that not less than $1,000,000 shall be expended for the pedestrian bridge at
767	767	750MacDonald Park in the city of Medford; provided further, that not less than $150,000 shall be
768	768	751expended for capital improvements in the town of Wenham to enhance and revitalize the
769	769	752downtown corridor; provided further, that not less than $500,000 shall be expended to the town
770	770	753of North Reading for roadway improvements to Concord street in the town of North Reading;
771	771	754provided further, that not less than $1,000,000 shall be expended to expand and design the Route
772	772	755110 widening project in the town of Westford; provided further, that not less than $3,000,000
773	773	756shall be expended for the redevelopment of the property located at 12 North Main street in the
774	774	757town of Westford; provided further, that not less than $200,000 shall be expended for equipment,
775	775	758upgrades and other services for a wellness center for the police department of Westford;
776	776	759provided further, that not less than $250,000 shall be expended for improvements to the
777	777	760Cogswell ArtSpace in Haverhill; provided further, that not less than $1,000,000 shall be
778	778	761expended to the city of Somerville to support adult education and English literacy at the
779	779	762Somerville center for adult learning experience; provided further, that not less than $1,000,000 35 of 227
780	780	763shall be expended for renovation and restoration of the Harry Uhlman Bandstand in Marine Park
781	781	764in the South Boston section of the city of Boston; provided further, that not less than $5,000,000
782	782	765shall be expended for businesses with not more than 10 employees or sole proprietorships and
783	783	766annual net profits not exceeding $250,000; provided further, that not less than $1,000,000 shall
784	784	767be expended to Develop Springfield Corporation to support the adaptive reuse for housing and
785	785	768commercial development for the main/state street development project in downtown
786	786	769Springfield; provided further, that not less than $200,000 shall be expended for lighting and
787	787	770security improvements to the north end bike path in the city of Springfield; provided further, that
788	788	771not less than $500,000 shall be expended for Boston Little Saigon, Inc. to establish and maintain
789	789	7721975: A Vietnamese Diaspora Memorial in the section of Boston known as the Little Saigon
790	790	773district; provided further, that said funds may be expended for commemorative events in 2025
791	791	774related to the 50th anniversary of the end of the Vietnam war; provided further, that not less than
792	792	775$500,000 shall be expended to the town of Sterling for upgrades in downtown Sterling; provided
793	793	776further, that not less than $20,000,000 shall be expended for a grant to the Martin Richard
794	794	777Foundation and Boys and Girls Clubs of Dorchester to support the construction and renovation
795	795	778of the Dorchester fieldhouse in the Harbor Point neighborhood of Boston, a facility utilized for
796	796	779advancing the social, intellectual or physical needs of children and youth; provided further, that
797	797	780the grants may be matched from local and private sources; provided further, that not less than
798	798	781$1,000,000 shall be expended to the Leahy Holloran community center for infrastructure
799	799	782upgrades and maintenance of the pool, locker room and restroom facilities; provided further, that
800	800	783not less than $500,000 shall be expended for Braintree economic development; provided further,
801	801	784that not less than $1,000,000 shall be expended for Fields Corner Main Streets to develop and
802	802	785maintain a transit-oriented, vibrant and diverse business district; provided further, that not less 36 of 227
803	803	786than $150,000 shall be expended for economic development in the town of Belmont; provided
804	804	787further, that not less than $250,000 shall be expended for economic development in the town of
805	805	788Holbrook; provided further, that not less than $300,000 shall be expended for the Irish Pastoral
806	806	789Center for resources and staffing to provide educational and workforce training to low-income
807	807	790and marginalized residents; provided further, that not less than $250,000 shall be expended for
808	808	791Gallivan boulevard median for greening through tree cover in the town of Dorchester; provided
809	809	792further, that not less than $400,000 shall be expended for Boston Harbor Now for an electrified
810	810	793ferry fleet from the Boston Harbor Islands National and State Park area gateways; provided
811	811	794further, that not less than $125,000 shall be expended for the town of West Springfield’s
812	812	795planning department to promote economic development opportunities; provided further, that not
813	813	796less than $1,000,000 shall be expended for costs associated with the Mount Auburn street
814	814	797improvement project in the city of Watertown; provided further, that not less than $500,000 shall
815	815	798be expended for the planning, design, renovation and restoration of the town common and town
816	816	799center in Winchester; provided further, that not less than $500,000 shall be expended for the
817	817	800planning, design, renovation and restoration of the Winchester Town Hall; provided further, that
818	818	801not less than $500,000 shall be expended for intersection improvements in the town of
819	819	802Stoneham; provided further, that not less than $500,000 shall be expended for the planning,
820	820	803design, renovation and restoration of Whip Hill in the town of Stoneham; provided further, that
821	821	804not less than $500,000 shall be expended to obtain right-of-way needed for reconstruction of the
822	822	805intersection at North Quincy street and Crescent street in Brockton; provided further, that not
823	823	806less than $500,000 shall be expended for Brockton public safety complex; provided further, that
824	824	807not less than $400,000 shall be expended for the monitoring, stabilization or capping of a ground
825	825	808soil PFAS contamination site near the town water wells in Pepperell; provided further, that not 37 of 227
826	826	809less than $500,000 shall be expended for the town of Dunstable for the development of the
827	827	810Dunstable town center trail loop to enhance accessibility and encourage active transportation and
828	828	811recreation; provided further, that not less than $35,000 shall be expended for the town of Harvard
829	829	812to purchase a drone to be used by the police and fire departments; provided further, that not less
830	830	813than $500,000 shall be expended for the design and construction of a youth programming facility
831	831	814operated by SPOKE in the Old Colony Redevelopment in South Boston; provided further, that
832	832	815not less than $2,000,000 shall be expended for the design of Ryan Playground in the
833	833	816Charlestown section of the city of Boston; provided further, that not less than $100,000 shall be
834	834	817expended for the Fort Point Arts Community for art and music festivals and performances;
835	835	818provided further, that not less than $500,000 shall be expended for ADA compliance at the wood
836	836	819working shop in the Dennis-Yarmouth Regional High School; provided further, that not less than
837	837	820$500,000 shall be expended for the planning, design or construction of public infrastructure
838	838	821projects in the Commercial Triangle area of the city of Everett; provided further, that not less
839	839	822than $150,000 shall be expended for the improvements to street fronts of Everett businesses;
840	840	823provided further, that not less than $2,000,000 shall be expended for the redesign of Everett
841	841	824Square; provided further, that not less than $200,000 shall be expended for East Somerville Main
842	842	825Streets for the further promotion of East Somerville as a culinary and cultural tourism
843	843	826destination; provided further, that not less than $20,000 shall be expended for the 250th
844	844	827American Revolution Anniversary planning and programming jointly by the town of Danvers,
845	845	828Danvers Alarm List Co., Danvers historical society and Peabody historical society; provided
846	846	829further, that not less than $500,000 shall be expended for the Amherst council on aging facility in
847	847	830the city of Amherst; provided further, that not less than $5,000,000 shall be expended for the city
848	848	831of Somerville to improve pedestrian access to the East Somerville MBTA Station; provided 38 of 227
849	849	832further, that not less than $5,000,000 shall be expended for the department of conservation and
850	850	833recreation to create for a public-private partnership to the implement the a public marina at the
851	851	834dock located between the Steriti memorial skating rink and the prince street park on commercial
852	852	835street located in the city of Boston; provided further, that not less than $1,000,000 shall be
853	853	836expended to study economic viability and infrastructure along Route 99 in the Sullivan Square
854	854	837section of Charlestown in the city of Boston; provided further, that not less than $2,000,000 shall
855	855	838be expended for PFAS mitigation and remediation in the town of Littleton; provided further, that
856	856	839not less than $5,000,000 shall be expended for the USS Constitution Museum to plan, design and
857	857	840fabricate dynamic interactive exhibits to offer a world-class introduction in a new gateway
858	858	841facility; provided further, that not less than $100,000 shall be expended for the One Bead Project
859	859	842for career readiness programming for school age children in Boston; provided further, that not
860	860	843less than $300,000 shall be expended to the Newton Cultural Alliance for exterior signage and to
861	861	844make improvements to the driveways and parking areas at the Nathaniel Allen House; provided
862	862	845further, that not less than $350,000 shall be expended for the Belmont hockey program; provided
863	863	846further, that not less than $100,000 shall be expended for the Ames free library in the town of
864	864	847Easton; provided further, that not less than $75,000 shall be expended for the Newton Culture
865	865	848Alliance, Newton Community Pride and new art center for the creation of the Washington Street
866	866	849Cultural Coalition to provide research and staffing for the planning of a new cultural district in
867	867	850Newton to stimulate local businesses and cultural events; provided further, that not less than
868	868	851$150,000 shall be expended for the town of Southwick for the design and construction of culvert
869	869	852projects on Tannery Road and Vining Hill Road; provided further, that not less than $150,000
870	870	853shall be expended for economic development in the city of Agawam; provided further, that not
871	871	854less than $150,000 shall be expended for economic development in the town of Southwick; 39 of 227
872	872	855provided further, that not less than $60,000 shall be expended for updating the 2019 Littleton
873	873	856Common revitalization road map; provided further, that not less than $100,000 shall be expended
874	874	857for the Bacon Free Library in the town of Natick; provided further, that not less than $25,000
875	875	858shall be expended for Amesbury Chamber of Commerce to update their computer systems;
876	876	859provided further, that not less than $100,000 shall be expended for the Greater Lowell Chamber
877	877	860of Commerce to conduct small business training in Lowell, Billerica, Chelmsford, Dracut,
878	878	861Tewksbury and Tyngsborough; provided further, that not less than $50,000 shall be expended for
879	879	862Greater Westfield Boys and Girls Club; and provided further, that not less than $1,000,000 shall
880	880	863be expended for infrastructure improvements on the site of the former Winthrop middle school
881	881	864on Pauline Street in the city of Winthrop…………………………………………..$488,327,000
882	882	865 Board of Library Commissioners
883	883	866 7000-9093For a municipal grant program to support cities and towns for approved
884	884	867public library projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General
885	885	868Laws; provided, that grants may be awarded to municipalities submitting applications jointly or
886	886	869through a regional planning agency....……………………………………….......... $150,000,000
887	887	870 SECTION 2B.
888	888	871 SECRETARY OF THE COMMONWEALTH
889	889	872 Massachusetts Historical Commission
890	890	873 0526-2013For a grant program to units of municipal government and to private,
891	891	874nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, 40 of 227
892	892	875that such funds shall be awarded in accordance with regulations promulgated by the chair of the
893	893	876Massachusetts historical commission........................................................................... $8,000,000
894	894	877 SECTION 2C.
895	895	878 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
896	896	879 Office of the Secretary
897	897	880 7002-0026For the Massachusetts Life Sciences Investment Fund established in
898	898	881section 6 of chapter 23I of the General Laws; provided, that not less than $80,000,000 shall be
899	899	882expended for expansion of the Manning College of Nursing & Health Sciences facilities at the
900	900	883University of Massachusetts Boston…………………………………………........... $580,000,000
901	901	884 7002-8077For the Clean Energy Investment Fund established in section 15 of chapter
902	902	88523J of the General Laws to promote jobs, economic development and workforce development
903	903	886through capital grants to companies and governmental entities for the purposes of supporting and
904	904	887stimulating research and development, innovation, manufacturing, commercialization and
905	905	888deployment of technologies in the commonwealth………………………………….$200,000,000
906	906	889 7002-8078For the Massachusetts Offshore Wind Industry Investment Trust Fund
907	907	890established in section 9A of chapter 23J of the General Laws to support the offshore wind
908	908	891industry and facilitate economic development activity..……………….……………$200,000,000
909	909	892 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
910	910	893 Office of the Secretary 41 of 227
911	911	8944000-8079For a program to address the capital needs of nursing facilities throughout the
912	912	895commonwealth; provided, that the executive office of health and human services shall provide,
913	913	896in consultation with the Massachusetts Senior Care Association, Inc., forgivable, low- or no-
914	914	897interest loans to nursing facilities contracted as MassHealth providers to support capital
915	915	898improvements that shall include, but not be limited to, the following: (i) developing nursing
916	916	899facility specialized care units including: (a) infectious disease isolation units; (b) dementia
917	917	900special care units; (c) degenerative neurological units; (d) geriatric psychiatry units; (e) traumatic
918	918	901brain injury units; (f) bariatric units; and (g) behavioral health and substance use disorder units;
919	919	902(ii) addressing urgently needed capital improvements including, but not limited to, heating,
920	920	903ventilation, air conditioning, air filtration system upgrades to help prevent the spread of airborne
921	921	904illnesses, roofing or other infrastructure replacement and repair projects, alternative energy
922	922	905conversion projects and elevator renovations to comply with new state and federal requirements;
923	923	906and (iii) funding innovative projects including, but not limited to, conversion of sections within
924	924	907nursing facilities into affordable housing, veterans housing or assisted living units to better
925	925	908accommodate the individual needs of residents, and conversion of multi-bed rooms to single
926	926	909occupancy to enhance privacy; provided further, that loans shall be available to non-profit
927	927	910entities to facilitate the acquisition of nursing facilities incorporated as for-profit entities;
928	928	911provided further, that the executive office, in consultation with the Massachusetts Senior Care
929	929	912Association, Inc., shall establish a methodology for the distribution of funds; and provided
930	930	913further, that not later than March 1, 2025, the executive office shall submit methodology criteria
931	931	914to the house and senate committees on ways and means and the joint committee on elder
932	932	915affairs……………………………………………………………………………..$50,000,000 42 of 227
933	933	916 SECTION 3. Section 16G of chapter 6A of the General Laws, as amended by sections 20
934	934	917and 21 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (i)
935	935	918and (j) and inserting in place thereof the following 2 subsections:-
936	936	919 (i) The secretary shall, subject to appropriation, establish within the executive office an
937	937	920office of performance management and oversight to improve the effectiveness of the economic
938	938	921development efforts of the commonwealth. The secretary shall appoint a director of said office
939	939	922who shall have economic development experience in the public or private sector. The director
940	940	923shall establish performance metrics for the public and quasi-public agencies within the executive
941	941	924office or subject to section 56 of chapter 23A, and any regional economic development
942	942	925organization or other private organizations under contract with the commonwealth to perform
943	943	926economic development services, as the secretary shall determine. In developing or revising these
944	944	927performance metrics, the director may from time to time seek out private sector advice and
945	945	928models that can be adapted to the needs of the commonwealth. The secretary shall require each
946	946	929agency or organization reporting to the office to submit an annual plan, including the goals,
947	947	930programs and initiatives for the forthcoming year, and an evaluation of the performance on the
948	948	931goals, programs and initiatives outlined in the preceding year’s plan. Such reports shall be in a
949	949	932form directed by the director and shall incorporate such performance metrics as the director shall
950	950	933establish.
951	951	934 (j) The director shall prepare an annual report on the progress the agencies or
952	952	935organizations reporting to the office are making towards achieving stated goals in their annual
953	953	936plan. The annual report shall be made available to the public not later than December 31 and
954	954	937shall be published on the official website of the commonwealth and shall be forwarded to the 43 of 227
955	955	938clerks of the house of representatives and the senate, the house and senate committees on ways
956	956	939and means and the joint committee on economic development and emerging technologies.
957	957	940 SECTION 4. Said section 16G of said chapter 6A, as so amended, is hereby further
958	958	941amended by striking out subsection (m) and inserting in place thereof the following subsection:-
959	959	942 (m) Every 4 years, the secretary of economic development, in consultation with the
960	960	943secretary of energy and environmental affairs shall prepare a report that evaluates the status of
961	961	944the commercial fishing industry and includes recommendations for appropriate actions to be
962	962	945taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.
963	963	946 In carrying out this requirement, the secretaries may, and are encouraged to, seek the
964	964	947laboratory, technical, education and research skills and facilities of public institutions of higher
965	965	948education.
966	966	949 SECTION 5. Subsection (n) of said section 16G of said chapter 6A, as appearing in the
967	967	9502022 Official Edition, is hereby amended by striking out the second sentence.
968	968	951 SECTION 6. Said section 16G of said chapter 6A is hereby further amended by striking
969	969	952out, in lines 255 to 256, as so appearing, the words “executive office and paid as the fund
970	970	953director shall direct” and inserting in place thereof the following words:- secretary of economic
971	971	954development.
972	972	955 SECTION 7. Said section 16G of said chapter 6A is hereby further amended by striking
973	973	956out, in line 273, as so appearing, the words “The executive office shall submit an annual” and
974	974	957inserting in place thereof the following words:- In years when expenditures are made from the
975	975	958fund, the executive office shall submit a. 44 of 227
976	976	959 SECTION 7A. Chapter 7 of the General Laws is hereby amended by striking out section
977	977	9604I and inserting in place thereof the following section:-
978	978	961 Section 4I. There shall be within the executive office for administration and finance, but
979	979	962not under its supervision or control, a commission to be known as the civil service commission,
980	980	963consisting of 5 members, 1 of whom because of vocation, employment, occupation or affiliation,
981	981	964may be classified as a bona fide representative of labor and 2 of whom shall have prior
982	982	965experience serving as a town administrator, city manager, select board member or city councilor.
983	983	966 Upon the expiration of the term of office of a commissioner of the civil service
984	984	967commission, a successor shall be appointed by the governor for 5 years; provided, however, that
985	985	968if such successor is not appointed within 60 days of the expiration of the term of office of a
986	986	969commissioner, the said commissioner shall be deemed to be reappointed to a full term. Not more
987	987	970than 3 of such members of the commission shall be members of the same political party, and, of
988	988	971the members of the commission who are enrolled as members of a political party on the voting
989	989	972list used at the primaries, not more than a majority of such members shall be of the same political
990	990	973party. The governor shall, from time to time, designate 1 of the members as chair. The positions
991	991	974of chair and each other member of the commission shall be classified in accordance with section
992	992	97545 of chapter 30 and the salaries shall be determined in accordance with section 46C of said
993	993	976chapter 30. The commissioners shall be reimbursed for their travel and other necessary expenses
994	994	977incurred in attending meetings.
995	995	978 Meetings of the commission shall be held at such time and location as it may determine
996	996	979and the commission shall meet upon the request of the personnel administrator. The commission 45 of 227
997	997	980shall in its rules of practice and procedure provide for the conduct of hearings throughout the
998	998	981commonwealth when it would best serve the interested parties.
999	999	982 The commission or any member thereof, or the personnel administrator may require, in
1000	1000	983connection with the activities authorized by law, any official or employee of the human
1001	1001	984resources division to give full information and to provide all papers and records relating to any
1002	1002	985official act performed by them.
1003	1003	986 SECTION 7B. Said chapter 7 is hereby further amended by inserting after section 4S,
1004	1004	987added by section 29 of chapter 7 of the acts of 2023, the following section:-
1005	1005	988 Section 4T. A position shall be established at the manager level under the supervision of
1006	1006	989the director of diversity and equal opportunity with the responsibility to promote diversity and
1007	1007	990equal opportunity in civil service employment throughout the commonwealth. The manager of
1008	1008	991civil service diversity, equity and inclusion shall be responsible for: (i) overseeing initiatives and
1009	1009	992addressing issues involving diversity, equity and inclusion in public safety employment, with a
1010	1010	993particular focus on civil service municipalities and municipalities that have left the civil service
1011	1011	994system; and (ii) providing support to the commission on recruitment, hiring and retention of
1012	1012	995municipal police officers and firefighters in Massachusetts established by section 78 of chapter
1013	1013	99631.
1014	1014	997 SECTION 8. Section 35FF of chapter 10 of the General Laws, as so appearing, is hereby
1015	1015	998amended by striking out the words “clean energy”, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94,
1016	1016	99998, 138, 139, 140, and 141 to 142, each time they appear, and inserting in place thereof, in each
1017	1017	1000instance, the following word:- climatetech. 46 of 227
1018	1018	1001 SECTION 8A. Section 4C of chapter 21A of the General Laws, as so appearing, is
1019	1019	1002hereby amended by adding the following subsection:-
1020	1020	1003 (l) The ocean management plan shall require an environmental DNA study to determine
1021	1021	1004the nature of the habitat of and usage by the marine life specific to the area and shall examine
1022	1022	1005potential impacts to the ecosystem, including, but not limited to, commercial and recreational
1023	1023	1006fishing.
1024	1024	1007 SECTION 9. Chapter 22 of the General Laws is hereby amended by striking out section
1025	1025	100812 and inserting in place thereof the following section:-
1026	1026	1009 Section 12. (a) For the purposes of this section, the following words shall, unless the
1027	1027	1010context clearly requires otherwise, have the following meanings:
1028	1028	1011 “Mixed martial arts”, as defined in section 32 of chapter 147.
1029	1029	1012 “Unarmed combative sport”, as defined in section 32 of chapter 147.
1030	1030	1013 (b) There shall be within the office of public safety and inspections a commission, to be
1031	1031	1014known as the state athletic commission, consisting of the commissioner of occupational
1032	1032	1015licensure, or their designee, and 4 persons to be appointed by the governor, 1 of whom shall have
1033	1033	1016a background in the sport of boxing and 1 of whom shall have a background in the sport of
1034	1034	1017mixed martial arts. Members shall serve for terms of 3 years or until a successor is appointed.
1035	1035	1018The governor shall from time to time designate 1 member as chair. A quorum of 3 members shall
1036	1036	1019be required for the commission to exercise its authority, and an affirmative vote of a majority of
1037	1037	1020the commissioners present at a commission meeting shall be required for all commission actions. 47 of 227
1038	1038	1021The members appointed by the governor may be reimbursed for necessary travel expenses
1039	1039	1022incurred in the performance of their duties.
1040	1040	1023 (c) If a member is absent without justification for 4 consecutive meetings or for more
1041	1041	1024than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission
1042	1042	1025shall be vacant and the governor shall appoint a successor consistent with subsection (b). The
1043	1043	1026commission shall, by rule, define what constitutes excused and unexcused absences.
1044	1044	1027 (d) Each commission member shall serve at the pleasure of the governor.
1045	1045	1028 (e) The commission shall appoint a full-time executive director to assume the role of the
1046	1046	1029commission’s administrative and executive head. The executive director shall have: (i) not less
1047	1047	1030than 5 years of experience in unarmed combative sports; and (ii) skills and experience in
1048	1048	1031management. The executive director shall serve at the pleasure of the commission, shall devote
1049	1049	1032their full time and attention to the office’s duties and shall receive a salary as determined by the
1050	1050	1033commission. The executive director shall be responsible for administering and enforcing the
1051	1051	1034provisions of law relative to the commission. The executive director may, subject to the approval
1052	1052	1035of the commission, employ other employees, consultants, agents and advisors, including, but not
1053	1053	1036limited to, legal counsel, and shall attend the meetings of the commission.
1054	1054	1037 (f) The commission may deputize 1 or more persons to represent the commission and to
1055	1055	1038be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147;
1056	1056	1039provided, however, that such deputies shall be compensated in an amount fixed by the
1057	1057	1040commission for each match or exhibition attended; and provided further, that the commission
1058	1058	1041may approve that such deputies be reimbursed for necessary travel expenses incurred in the
1059	1059	1042performance of their duties. 48 of 227
1060	1060	1043 (g) No deputy shall be assigned to regulate an event under the authority or jurisdiction of
1061	1061	1044the commission who has not received formal training on the laws and rules of the commission
1062	1062	1045and related issues within the previous 12 months prior to the scheduled event. The commission
1063	1063	1046may reimburse deputies for necessary travel expenses incurred while attending a formal training.
1064	1064	1047 SECTION 10. Subsection (b) of section 3A of chapter 23A of the General Laws, as
1065	1065	1048appearing in the 2022 Official Edition, is hereby amended by striking out the definition of
1066	1066	1049“Expansion of an existing facility” and inserting in place thereof the following definition:-
1067	1067	1050 “Expansion project”, the expansion of an existing facility located in the commonwealth
1068	1068	1051that results in a net increase in the number of permanent full-time employees at the expanded
1069	1069	1052facility.
1070	1070	1053 SECTION 11. Said subsection (b) of said section 3A of said chapter 23A, as so
1071	1071	1054appearing, is hereby further amended by inserting after the definition of “Gateway municipality”
1072	1072	1055the following definition:-
1073	1073	1056 “In-state relocation project”, the relocation of a business from 1 location in the
1074	1074	1057commonwealth to another location in the commonwealth that results in a net increase in the
1075	1075	1058number of permanent full-time employees.
1076	1076	1059 SECTION 12. Said subsection (b) of said section 3A of said chapter 23A, as so
1077	1077	1060appearing, is hereby further amended by striking out the definition of “Municipal project
1078	1078	1061endorsement” and inserting in place thereof the following definition:-
1079	1079	1062 “Municipal project endorsement”, an endorsement of a city council with the approval of
1080	1080	1063the mayor in a city, a select board or a board of selectmen in a town that: (i) finds a proposed 49 of 227
1081	1081	1064project is consistent with the municipality’s economic development objectives; (ii) finds a
1082	1082	1065proposed project has a reasonable chance of increasing or retaining employment opportunities as
1083	1083	1066advanced in the proposal; and (iii) provides a description of the local tax incentive, if any,
1084	1084	1067offered by the municipality in support of the proposed project.
1085	1085	1068 SECTION 13. Said subsection (b) of said section 3A of said chapter 23A, as so
1086	1086	1069appearing, is hereby further amended by inserting after the definition of “Municipality” the
1087	1087	1070following definition:-
1088	1088	1071 “Out-of-state relocation project”, the relocation of a business and permanent full-time
1089	1089	1072employees from outside the commonwealth to a location within the commonwealth.
1090	1090	1073 SECTION 14. Said subsection (b) of said section 3A of said chapter 23A, as so
1091	1091	1074appearing, is hereby further amended by striking out the definition of “Proportion of
1092	1092	1075compliance” and inserting in place thereof the following definition:-
1093	1093	1076 “Proportion of compliance”, a determination made by the economic assistance
1094	1094	1077coordinating council, established pursuant to section 3B, of a certified project’s compliance with
1095	1095	1078obligations related to capital investment, job creation, job retention or other obligations
1096	1096	1079applicable to the certified project.
1097	1097	1080 SECTION 15. Said subsection (b) of said section 3A of said chapter 23A, as so
1098	1098	1081appearing, is hereby further amended by striking out the definition of “Replacement of an
1099	1099	1082existing facility” and inserting in place thereof the following definition:-
1100	1100	1083 “Retention project”, a project that enables a controlling business to retain at least 50
1101	1101	1084permanent full-time employees at a facility located within a gateway city or in an adjacent city or 50 of 227
1102	1102	1085town that is accessible by public transportation to residents of a gateway city; provided, that
1103	1103	1086without such project, the retained jobs would be relocated outside of the commonwealth.
1104	1104	1087 SECTION 16. Said section 3A of said chapter 23A, as so appearing, is hereby further
1105	1105	1088amended by striking out, in line 113, the words “and approved by the EACC”.
1106	1106	1089 SECTION 17. The first sentence of subsection (a) of section 3B of said chapter 23A, as
1107	1107	1090appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the
1108	1108	1091words “who shall serve as co-chairperson”.
1109	1109	1092 SECTION 18. Said section 3B of said chapter 23A, as appearing in the 2022 Official
1110	1110	1093Edition, is hereby further amended by striking out clauses (iii) to (vii), inclusive, and inserting in
1111	1111	1094place thereof following clauses:-
1112	1112	1095 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for
1113	1113	1096the privilege of establishing, operating and maintaining a foreign trade zone in accordance with
1114	1114	1097section 3G;
1115	1115	1098 (iv) assist municipalities in obtaining state and federal resources and assistance for
1116	1116	1099certified projects and other job creation and retention opportunities;
1117	1117	1100 (v) provide appropriate coordination with other state programs, agencies, authorities and
1118	1118	1101public instrumentalities to enable certified projects and other job creation and retention
1119	1119	1102opportunities to be more effectively promoted by the commonwealth; and
1120	1120	1103 (vi) monitor the implementation of the economic development incentive program.
1121	1121	1104 SECTION 19. Subsection (c) of said section 3B of said chapter 23A, as most recently
1122	1122	1105amended by section 67 of chapter 7 of the acts of 2023, is hereby further amended by striking out 51 of 227
1123	1123	1106the first 2 sentences and inserting in place thereof the following sentence:- The director of
1124	1124	1107MOBD shall be responsible for administering the EDIP in consultation with the secretary of
1125	1125	1108economic development and the EACC.
1126	1126	1109 SECTION 20. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition,
1127	1127	1110is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
1128	1128	1111following 2 subsections:-
1129	1129	1112 (a) A controlling business may petition the EACC to certify a proposed project by
1130	1130	1113submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a
1131	1131	1114representation by the controlling business regarding the amount of capital investment to be made,
1132	1132	1115the number of new jobs to be created and the number of existing jobs to be retained; (iii) a
1133	1133	1116representation by the controlling business regarding any other economic benefits or other public
1134	1134	1117benefits expected to result from the construction of the proposed project; and (iv) any other
1135	1135	1118information that the EACC shall require by regulation, policy or guidance.
1136	1136	1119 (b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed
1137	1137	1120project, deny certification of the proposed project or certify the proposed project with conditions.
1138	1138	1121In order to certify a proposed project, with or without conditions, the EACC shall make the
1139	1139	1122following required findings based on the project proposal and any additional investigation that
1140	1140	1123the EACC shall make: (i) the proposed project is located or will be located within the
1141	1141	1124commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation
1142	1142	1125project, out-of-state relocation project or retention project; (iii) the controlling business has
1143	1143	1126committed to maintaining new and retained jobs for a period of at least 3 years after the
1144	1144	1127completion of the proposed project; (iv) the proposed project appears to be economically feasible 52 of 227
1145	1145	1128and the controlling business has the financial and other means to undertake and complete the
1146	1146	1129proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this
1147	1147	1130chapter are a significant factor in its decision to undertake the proposed project; and (vi) the
1148	1148	1131proposed project complies with all applicable statutory requirements and with any other criteria
1149	1149	1132that the EACC may prescribe by regulation, policy or guidance.
1150	1150	1133 (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an
1151	1151	1134application for project certification, which may include a requirement that the controlling
1152	1152	1135business provide written evidence to support clause (v).
1153	1153	1136 SECTION 21. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is
1154	1154	1137hereby amended by striking out the last sentence.
1155	1155	1138 SECTION 22. Section 3D of said chapter 23A, as so appearing, is hereby amended by
1156	1156	1139striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be
1157	1157	1140claimed” and inserting in place thereof the following words:- awarded, the schedule on which
1158	1158	1141those credits may be claimed and the extent to which the credits are refundable.
1159	1159	1142 SECTION 23. Said section 3D of said chapter 23A, as so appearing, is hereby further
1160	1160	1143amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any,
1161	1161	1144made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain
1162	1162	1145women or minority-owned businesses during the construction of the certified project” and
1163	1163	1146inserting in place thereof the following words:- (vii) commitments, if any, made by the
1164	1164	1147controlling business to use Massachusetts firms, suppliers and vendors or to retain women or
1165	1165	1148minority-owned businesses during the construction of the certified project; and (viii) the
1166	1166	1149commitments, if any, set forth in a municipal project endorsement. 53 of 227
1167	1167	1150 SECTION 24. Said section 3D of said chapter 23A, as so appearing, is hereby further
1168	1168	1151amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right
1169	1169	1152of the controlling business to carry unused tax credits forward to subsequent tax years” and
1170	1170	1153inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling
1171	1171	1154business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some
1172	1172	1155portion of the credits to be refundable.
1173	1173	1156 SECTION 25. Said section 3D of said chapter 23A, as so appearing, is hereby further
1174	1174	1157amended by striking out subsection (b).
1175	1175	1158 SECTION 26. Said chapter 23A is hereby further amended by striking out section 3E and
1176	1176	1159inserting in place thereof the following section:-
1177	1177	1160 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance
1178	1178	1161with section 59 of chapter 40 to the controlling business of a certified project, or to any person or
1179	1179	1162entity undertaking a real estate project or to any person or entity expanding a facility if the
1180	1180	1163municipality finds that there is a strong likelihood that any of the following will occur within the
1181	1181	1164area in question within a specific and reasonably proximate period of time: (i) a significant influx
1182	1182	1165or growth in business activity; (ii) the creation of a significant number of new jobs and not
1183	1183	1166merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private
1184	1184	1167project or investment that contributes significantly to the resiliency of the local economy.
1185	1185	1168 (b)(1) A municipality may offer a special tax assessment to the controlling business of a
1186	1186	1169certified project, to a person or entity undertaking a real estate project or to a person or entity
1187	1187	1170proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of
1188	1188	1171relocating outside of the commonwealth. A special tax assessment shall be set forth in a written 54 of 227
1189	1189	1172agreement between the municipality and the property owner. The agreement shall include, but
1190	1190	1173shall not be limited to, the amount of the tax reduction and the period of time over which such
1191	1191	1174reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years.
1192	1192	1175A special tax assessment approved by the municipality shall provide for a reduction of the real
1193	1193	1176property tax that otherwise would be due. The reduction shall be based upon a percentage
1194	1194	1177reduction in the tax that otherwise would be due on the full assessed value of the affected
1195	1195	1178property. The special tax assessment shall provide for tax reduction at least equal to the
1196	1196	1179following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that
1197	1197	1180would be due based on the full assessed value of the affected property; (ii) in the second and
1198	1198	1181third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based
1199	1199	1182on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax
1200	1200	1183reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed
1201	1201	1184value of the affected property. The municipality may at its discretion provide for greater real
1202	1202	1185property tax reductions than those described in clauses (i) to (iii), inclusive.
1203	1203	1186 (2) A municipality may approve special tax assessments if it determines that: (i) the
1204	1204	1187property owner is: (A) either undertaking a project or otherwise making an investment that
1205	1205	1188contributes to economic revitalization of the municipality and significantly increases
1206	1206	1189employment opportunities for residents of the municipality; or (B) retaining permanent full-time
1207	1207	1190employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the
1208	1208	1191special tax assessment is reasonably necessary to enable the owner’s investment in the project or
1209	1209	1192to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax
1210	1210	1193foregone is reasonably proportionate to the public benefits resulting from the special tax
1211	1211	1194assessment. 55 of 227
1212	1212	1195 (c) If a municipality offers tax increment financing or special tax assessment to the owner
1213	1213	1196or controlling business of a certified project or to the owner of a facility where a certified project
1214	1214	1197is located, the municipality shall notify the EACC by submitting a fully executed copy of the
1215	1215	1198adopted local incentive agreement and any amendments thereto.
1216	1216	1199 SECTION 27. Section 3F of said chapter 23A, as appearing in the 2022 Official Edition,
1217	1217	1200is hereby amended by striking out, in lines 1 and 2, the words “Not later than 2 years after the
1218	1218	1201initial certification of a project by the EACC, and annually thereafter, the” and inserting in place
1219	1219	1202thereof the following word:- The.
1220	1220	1203 SECTION 28. Said section 3F of said chapter 23A, as so appearing, is hereby further
1221	1221	1204amended by striking out, in line 37, the words “with job creation requirements”.
1222	1222	1205 SECTION 29. Said section 3F of said chapter 23A, as so appearing, is hereby further
1223	1223	1206amended by striking out subsections (d) and (e) and inserting in place thereof the following 2
1224	1224	1207subsections:-
1225	1225	1208 (d) Revocation of a project certification shall take effect on the first day of the tax year in
1226	1226	1209which the material noncompliance occurred, as determined by the EACC, and all EDIP tax
1227	1227	1210credits available to the controlling business shall be rescinded and any claimed tax credits
1228	1228	1211awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of
1229	1229	1212chapter 62 and subsection (i) of section 38N of chapter 63.
1230	1230	1213 (e) Notwithstanding any general law to the contrary, if a municipality terminates a local
1231	1231	1214tax incentive agreement, the municipality may recapture the value of the tax not paid by making
1232	1232	1215a special assessment on the owner of the parcel of real property in the tax year that follows the
1233	1233	1216municipality’s decision to terminate the agreement. The assessment, payment and collection of 56 of 227
1234	1234	1217the special assessment shall be governed by procedures provided for the taxation of omitted
1235	1235	1218property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said
1236	1236	1219chapter 59 for which omitted property assessments may be imposed for each of the fiscal years
1237	1237	1220included in the special assessment.
1238	1238	1221 SECTION 30. Said chapter 23A is hereby further amended by striking out section 3H and
1239	1239	1222inserting in place thereof the following section:-
1240	1240	1223 Section 3H. (a) There shall be a permit regulatory office within the executive office of
1241	1241	1224economic development. The secretary of economic development shall appoint a person with
1242	1242	1225experience in permitting and business development to serve as the director of the permit
1243	1243	1226regulatory office. The director of the permit regulatory office shall: (i) serve as the state permit
1244	1244	1227ombudsman to new and expanding businesses; (ii) work with other state agencies, but not
1245	1245	1228including divisions of the state secretary’s office, to expedite the process of obtaining state
1246	1246	1229licenses, permits, state certificates, state approvals and other requirements of law; (iii) provide
1247	1247	1230technical assistance to municipalities interested in streamlining local permitting processes; (iv)
1248	1248	1231review and approve or deny municipal priority development site proposals made pursuant to
1249	1249	1232chapter 43D and monitor the development of priority development sites; (v) subject to
1250	1250	1233appropriation, administer and award technical assistance grants pursuant to chapter 43D; and (vi)
1251	1251	1234support the administration of the growth districts initiative as defined in chapter 43E. The permit
1252	1252	1235regulatory office shall consult with the secretary of energy and environmental affairs, the
1253	1253	1236secretary of housing and livable communities and the secretary of transportation prior to
1254	1254	1237approving or denying a proposed priority development site; provided, that for local review
1255	1255	1238procedures the regulatory office shall consult with relevant municipal officials and regional
1256	1256	1239planning agencies responsible for local review procedures. 57 of 227
1257	1257	1240 (b) There shall be a regulatory ombudsman within the permit regulatory office to address
1258	1258	1241regulatory matters of interest to the business community. The regulatory ombudsman shall work
1259	1259	1242in partnership with the state permitting ombudsman to assist businesses in the process of
1260	1260	1243complying with state regulations and other requirements of law that affect businesses. The
1261	1261	1244regulatory ombudsman shall facilitate communication between individual businesses and state
1262	1262	1245agencies and provide periodic training to regulatory personnel in state agencies on how to
1263	1263	1246identify the small business impacts of regulation, how to reduce those impacts and how to
1264	1264	1247expedite and streamline the process or compliance.
1265	1265	1248 (c) The director of the permit regulatory office shall file an annual report with the house
1266	1266	1249and senate committees on ways and means not later than January 1 detailing the activities of the
1267	1267	1250permit regulatory office.
1268	1268	1251 SECTION 31. Said chapter 23A is hereby further amended by inserting after section 3L
1269	1269	1252the following 2 sections:-
1270	1270	1253 Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts
1271	1271	1254office of business development established in section 1, or any constituent office thereof.
1272	1272	1255 (2) There is hereby established a pilot program for a live theater tax credit for which a
1273	1273	1256live theater company doing business with a Massachusetts-based theater venue, theater company,
1274	1274	1257theater presenter or producer may be eligible. The credit shall be established to support the
1275	1275	1258expansion of pre-Broadway productions, pre-off Broadway productions , national tour launches
1276	1276	1259and regional professional theater productions, as those terms are defined in paragraph (1) of
1277	1277	1260subsection (ee) of section 6 of chapter 62 and subsection (a) of section 38OO of chapter 63 and
1278	1278	1261shall assist in the development of long run show development and growth. 58 of 227
1279	1279	1262 (b)(1) The office, directly or through a constituent office, shall run a competitive grant
1280	1280	1263program to award live theater tax credits. An applicant may only be awarded a tax credit if they
1281	1281	1264meet the requisite criteria and qualifications for the credit as outlined in this section and
1282	1282	1265subsection (ee) of section 6 of chapter 62 or section 38OO of chapter 63. The office shall
1283	1283	1266establish criteria for prioritization of credits, which may include anticipated economic impact
1284	1284	1267and other factors at the discretion of the office. The total cumulative value of the credits
1285	1285	1268authorized pursuant to this section and subsection (ee) of section 6 of chapter 62 or section 38OO
1286	1286	1269of chapter 63 shall not exceed $7,000,000 annually.
1287	1287	1270 (2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the
1288	1288	1271office an application for certification of the theater production. The application shall provide all
1289	1289	1272information and data the office deems necessary for the evaluation and administration of the
1290	1290	1273application, including, but not limited to, any information about the theater production company
1291	1291	1274or its related partners or presenters and a specific Massachusetts live theater or musical
1292	1292	1275production as well as such other information as the office, in its discretion, requires to evaluate
1293	1293	1276and prioritize applications. The eligible theater production budget shall be not less than
1294	1294	1277$100,000. The maximum credit for any production shall not be more than $7,000,000, or a lesser
1295	1295	1278amount as determined by the office.
1296	1296	1279 (3) The office shall review completed applications, determine whether they meet the
1297	1297	1280requisite criteria and qualifications for certification and award tax credits at their sole discretion.
1298	1298	1281If a theater production or presentation is determined to be eligible, the office shall issue a
1299	1299	1282certification of the eligible theater production or presentation to the theater production company,
1300	1300	1283co-producer or presenter and to the commissioner of revenue. The certification shall provide a 59 of 227
1301	1301	1284unique identification number for the production and shall be a statement of conditional eligibility
1302	1302	1285for the production.
1303	1303	1286 (c) Upon completion of an eligible theater production for which a certification has been
1304	1304	1287granted, the applicant shall properly prepare, sign and submit to the office and the department of
1305	1305	1288revenue a cost accounting in connection with the eligible theater production. The cost accounting
1306	1306	1289shall contain a cost report and an accountant’s certification. In computing payroll costs,
1307	1307	1290production and performance expenditures and transportation expenditures for which a credit may
1308	1308	1291be claimed, an eligible theater production shall subtract any state funds, state loans or state
1309	1309	1292guaranteed loans. The office and commissioner of revenue may rely, without independent
1310	1310	1293investigation, upon an accountant’s certification, in the form of an opinion, confirming the
1311	1311	1294accuracy of the information included in the cost report. If the office or the department of revenue
1312	1312	1295receives information that is materially inconsistent with representations made in an application,
1313	1313	1296the office may rescind the certification.
1314	1314	1297 (d) The office, in consultation with the commissioner of revenue, shall promulgate rules
1315	1315	1298and regulations to administer this section.
1316	1316	1299 Section 3N. (a)(1) For the purposes of this section, the following words shall, unless the
1317	1317	1300context clearly requires otherwise, have the following meanings:
1318	1318	1301 “Digital interactive media”, as defined in subsection (ii) of section 6 of chapter 62.
1319	1319	1302 “Digital interactive media production company”, as defined in subsection (ii) of section 6
1320	1320	1303of chapter 62. 60 of 227
1321	1321	1304 “Office”, the Massachusetts office of business development established in section 1, or
1322	1322	1305any constituent office thereof.
1323	1323	1306 (b)(1) There is hereby established a pilot program for a digital interactive media tax credit
1324	1324	1307for which a digital interactive media production company doing business in the commonwealth
1325	1325	1308may be eligible. The credit shall support digital interactive media production in the
1326	1326	1309commonwealth and maintain students in the commonwealth.
1327	1327	1310 (2) The office shall establish a pilot program to award digital interactive media tax credits
1328	1328	1311to qualified digital interactive media production companies for the employment of persons within
1329	1329	1312the commonwealth in connection with the production of digital interactive media in the
1330	1330	1313commonwealth within any consecutive 12-month period. An applicant shall only be awarded a
1331	1331	1314tax credit if they meet the requisite criteria and qualifications for credit as outlined in this section
1332	1332	1315and subsection (ii) of section 6 of chapter 62 or section 38TT of chapter 63.
1333	1333	1316 (3) The office shall establish criteria for prioritization of credits, which may include
1334	1334	1317anticipated economic impact and other factors at the discretion of the office, including the extent
1335	1335	1318to which credits are refundable. The total cumulative value of the credits authorized pursuant to
1336	1336	1319this section and subsection (ii) of section 6 of chapter 62 or section 38TT of chapter 63 shall not
1337	1337	1320exceed $5,000,000 annually.
1338	1338	1321 (c)(1) The office may certify 1 or more digital interactive media production companies
1339	1339	1322upon timely receipt of an application, on a form prescribed by the office, and any information the
1340	1340	1323office determines, including, but not limited to, information to verify any digital interactive
1341	1341	1324media production expenses. 61 of 227
1342	1342	1325 (2) The office shall review completed applications and determine whether they meet the
1343	1343	1326requisite criteria and qualifications for certification. If a digital interactive media company is
1344	1344	1327determined to be eligible, the office shall issue a certification and coordinate with the department
1345	1345	1328of revenue for the administration of a tax credit. If the office or the department of revenue
1346	1346	1329receives information that is materially inconsistent with representations made in an application,
1347	1347	1330the office may rescind the certification.
1348	1348	1331 (3) The office may impose a fee for the processing of applications under this section.
1349	1349	1332 (d) The office may promulgate regulations as necessary for the administration of this
1350	1350	1333section.
1351	1351	1334 SECTION 32. Section 62 of said chapter 23A is hereby repealed.
1352	1352	1335 SECTION 33. Said chapter 23A is hereby further amended by striking out section 66 and
1353	1353	1336inserting in place thereof the following 2 sections:-
1354	1354	1337 Section 66. (a) For purposes of this section and section 66A, “rural community” shall
1355	1355	1338mean a municipality with a population density of less than 500 persons per square mile or a
1356	1356	1339population of less than 7,000 persons, in each case as shown in the most recent U.S. decennial
1357	1357	1340census.
1358	1358	1341 (b) There shall be a rural policy advisory commission within, but not subject to the
1359	1359	1342supervision or control of, the executive office of economic development. The mission of the
1360	1360	1343commission shall be to enhance the economic vitality of rural communities and advance the
1361	1361	1344health and well-being of rural residents. 62 of 227
1362	1362	1345 (c) The commission shall consist of the following 15 members: the speaker of the house
1363	1363	1346of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee;
1364	1364	1347the secretary of economic development, ex officio, or a designee; and 12 persons to be appointed
1365	1365	1348by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of
1366	1366	1349whom shall be from the Cape Cod commission, 1 of whom shall be from the central
1367	1367	1350Massachusetts regional planning district commission, 1 of whom shall be from the Franklin
1368	1368	1351regional council of governments, 1 of whom shall be from the Martha’s Vineyard commission, 1
1369	1369	1352of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from
1370	1370	1353the Nantucket planning and economic development commission and 1 of whom shall be from the
1371	1371	1354Pioneer Valley planning commission. Commission members shall be persons with demonstrated
1372	1372	1355interest and experience in advancing the interests of rural residents.
1373	1373	1356 (d) Members of the commission shall serve a maximum of 3 consecutive 3-year terms.
1374	1374	1357Vacancies in the membership of the commission shall be filled for the balance of the unexpired
1375	1375	1358term. The commission shall elect from among its members a chair, a vice chair, a treasurer and
1376	1376	1359any other officers it considers necessary. The members of the commission shall receive no
1377	1377	1360compensation for their services but shall be reimbursed for any usual and customary expenses
1378	1378	1361incurred in the performance of their duties. Members shall be considered special state employees
1379	1379	1362for the purposes of chapter 268A.
1380	1380	1363 (e) The commission shall serve as a research body for issues critical to the welfare and
1381	1381	1364vitality of rural communities and shall: (i) study, review and report on the status of rural
1382	1382	1365communities and residents in the commonwealth; (ii) advise the general court and the executive
1383	1383	1366branch of the impact of existing and proposed state laws, policies and regulations on rural
1384	1384	1367communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate 63 of 227
1385	1385	1368to ensure that rural communities receive a fair share of state investment; (v) promote
1386	1386	1369collaboration among rural communities to improve efficiency in delivery of services; and (vi)
1387	1387	1370develop and support new leadership in rural communities. The executive office shall, subject to
1388	1388	1371appropriation, provide the commission with adequate office space and any research, analysis or
1389	1389	1372other staff support that the commission reasonably requires.
1390	1390	1373 (f) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting
1391	1391	1374locations shall rotate between Boston, Cape Cod and the Islands, central Massachusetts and
1392	1392	1375western Massachusetts. Meetings shall be open to the public pursuant to sections 18 to 25,
1393	1393	1376inclusive, of chapter 30A.
1394	1394	1377 (g) The commission may accept and solicit funds, including any gifts, donations, grants
1395	1395	1378or bequests or any federal funds for any of the purposes of this section. The funds shall be
1396	1396	1379deposited in a separate account with the state treasurer, shall be received by the state treasurer on
1397	1397	1380behalf of the commonwealth and shall be expended by the commission under the law.
1398	1398	1381 (h) The commission shall annually, not later than June 2, report the results of its findings
1399	1399	1382and activities of the preceding year and its recommendations to the governor and to the clerks of
1400	1400	1383the house of representatives and the senate who shall forward the same to the joint committee on
1401	1401	1384economic development and emerging technologies.
1402	1402	1385 Section 66A. (a) The executive office of economic development shall administer a rural
1403	1403	1386development program to promote economic opportunity and prosperity in rural communities.
1404	1404	1387The program shall provide financial assistance on a competitive basis to municipalities, other
1405	1405	1388public entities, community development corporations, regional planning agencies or non-profit
1406	1406	1389entities for infrastructure projects, downtown improvements and other projects that advance 64 of 227
1407	1407	1390economic and community development, stable housing markets and priorities identified by the
1408	1408	1391rural policy advisory commission established in section 66.
1409	1409	1392 (b) The secretary of economic development shall, through guidelines or regulations,
1410	1410	1393establish an application process and criteria to prioritize the distribution of financial assistance,
1411	1411	1394taking into account the diversity of rural communities. The guidelines or regulations shall allow
1412	1412	1395for joint applications by 2 or more rural communities for a single project serving the
1413	1413	1396municipalities.
1414	1414	1397 (c) The secretary of economic development shall report annually to the house and senate
1415	1415	1398committees on ways and means and the joint committee on community development and small
1416	1416	1399businesses on the activities and status of the program.
1417	1417	1400 SECTION 34. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022
1418	1418	1401Official Edition, is hereby amended by striking out the third sentence and inserting in place
1419	1419	1402thereof the following sentence:- For the purposes of this section, the term “micro business” shall
1420	1420	1403mean a business entity with: (i) a principal place of business in the commonwealth; (ii) not more
1421	1421	1404than 10 full-time employees; and (iii) annual net profit of not more than $250,000.
1422	1422	1405 SECTION 34A. Said chapter 23A is hereby further amended by adding the following
1423	1423	1406section:-
1424	1424	1407 Section 70. (a) The terms defined in paragraph (aaa) of section 6 of chapter 64H shall
1425	1425	1408apply to this section unless the context clearly requires otherwise. 65 of 227
1426	1426	1409 (b) The secretary of the executive office of economic development, in consultation with
1427	1427	1410the commissioner of revenue, shall determine qualifications for qualified data centers, to qualify
1428	1428	1411for a sales and use tax exemption pursuant to paragraph (aaa) of section 6 of chapter 64H.
1429	1429	1412 (c) To apply for the sales and use tax exemption pursuant to paragraph (aaa) of section 6
1430	1430	1413of chapter 64H, the owner or operator of a data center shall submit to the secretary of economic
1431	1431	1414development an application on a form prescribed by the commissioner of revenue that shall
1432	1432	1415include:
1433	1433	1416 (i) the name, address and telephone number of the owner or operator;
1434	1434	1417 (ii) the address of the site where the qualified data center is or will be located, including,
1435	1435	1418but not limited to, information sufficient to identify the facility composing the data center, and
1436	1436	1419the expected commercial operations date of each data center building that will be located at the
1437	1437	1420data center facility;
1438	1438	1421 (iii) the anticipated aggregate square feet of the qualified data center for which the sales
1439	1439	1422and use tax exemption is being sought; provided, that in determining whether the facility has the
1440	1440	1423required square footage, the total square footage of the data center facility shall include the space
1441	1441	1424that houses the computer information technology equipment, networking, data processing or data
1442	1442	1425storage, including, but not limited to, servers and routers and the following spaces that support
1443	1443	1426the operation of enterprise information technology equipment including, but not limited to, office
1444	1444	1427space, meeting space, loading dock space and mechanical and other support facilities;
1445	1445	1428 (iv) the anticipated investment associated with the qualified data center for which the
1446	1446	1429sales and use tax exemption is being sought; 66 of 227
1447	1447	1430 (v) the anticipated number of jobs that the data center will create and maintain within 1
1448	1448	1431year, 5 years and 10 years of operations after certification; and
1449	1449	1432 (vi) an affirmation, signed by an authorized executive representing the owner or operator,
1450	1450	1433that the data center is expected to satisfy the certification requirements in this section as a
1451	1451	1434qualified data center.
1452	1452	1435 (d)(1) Within 60 days after receiving a completed application, the secretary of economic
1453	1453	1436development shall review the application submitted by the owner or operator of a data center and
1454	1454	1437certify the data center as a certified qualified data center if the data center meets all requirements
1455	1455	1438of this section.
1456	1456	1439 (2) The secretary shall issue a written certification that the data center qualifies for the
1457	1457	1440sales and use tax exemption or provide written reasons for its denial and an opportunity for the
1458	1458	1441applicant to cure any deficiencies.
1459	1459	1442 (3) Failure to approve or deny the application within 60 days after the date the owner or
1460	1460	1443operator submits the application to the secretary shall constitute approval of the qualified data
1461	1461	1444center and the secretary shall issue written certification to the owner or operator within 14 days.
1462	1462	1445 (4) The certification shall provide the following information related to each data center:
1463	1463	1446 (i) the effective date of the certification;
1464	1464	1447 (ii) the total square footage of the qualified data center;
1465	1465	1448 (iii) the total amount of land costs, construction costs, refurbishment costs and eligible
1466	1466	1449data center equipment; and 67 of 227
1467	1467	1450 (iv) the beginning and ending dates of the sales and use tax exemption for the first data
1468	1468	1451center building, which shall begin on the effective date of the certification and be valid for
1469	1469	1452qualification period, and for a qualified data center that is comprised of more than 1 data center
1470	1470	1453building, the expected commercial operations dates and expected qualification periods for
1471	1471	1454subsequent data center buildings expected to be located at the qualified data center.
1472	1472	1455 (5) The secretary shall send a copy of the certification to the commissioner of revenue.
1473	1473	1456 (e) The effective date of the certification shall be the date on which the application was
1474	1474	1457submitted to the secretary or a prospective date stated in the application that does not exceed 5
1475	1475	1458years after the date on which the application was submitted; provided, that the certification shall
1476	1476	1459be valid through the qualification period.
1477	1477	1460 (f) The secretary and commissioner shall review the certification after 10 years.
1478	1478	1461 (g)(1) For the purposes of this section, the term “material noncompliance” shall mean the
1479	1479	1462failure of a qualified data center to substantially achieve the investment requirements and
1480	1480	1463minimum number of jobs pursuant to paragraph (aaa) of section 6 of chapter 64H.
1481	1481	1464 (2) The secretary may revoke the certification of a qualified data center after an
1482	1482	1465investigation by the executive office of economic development, in consultation with the
1483	1483	1466department of revenue, and a written determination that the qualified data center is in material
1484	1484	1467noncompliance with this section, paragraph (aaa) of section 6 of chapter 64H or the certification.
1485	1485	1468 (3) Revocation shall take effect on the first day of the tax year in which the executive
1486	1486	1469office of economic development determines the qualified data center to be in material
1487	1487	1470noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, 68 of 227
1488	1488	1471disallow any credits, exemptions or other tax benefits allowed by the original certification of tax
1489	1489	1472benefits pursuant to paragraph (aaa) of section 6 of chapter 64H.
1490	1490	1473 (h) Each qualified data center shall file a report with the secretary and commissioner prior
1491	1491	1474to the end of the tenth year of the qualification period detailing whether it has met the specific
1492	1492	1475investment requirements pursuant to paragraph (aaa) of section 6 of chapter 64H.
1493	1493	1476 (i) The secretary, in consultation with the commissioner of revenue, shall promulgate
1494	1494	1477regulations and shall issue instructions or forms necessary for the implementation of this section.
1495	1495	1478 SECTION 35. Section 27 of chapter 23G of the General Laws, as so appearing, is hereby
1496	1496	1479amended by striking out, in line 103, the words “clean and renewable energy technology” and
1497	1497	1480inserting in place thereof the following words:- climatetech, as defined in section 1 of chapter
1498	1498	148123J.
1499	1499	1482 SECTION 36. Chapter 23I of the General Laws is hereby amended by striking out
1500	1500	1483section 1 and inserting in place thereof the following section:-
1501	1501	1484 Section 1. The general court finds and declares that:
1502	1502	1485 (1) research in the life sciences and regenerative and preventative medicine presents a
1503	1503	1486significant opportunity of yielding fundamental biological knowledge from which may emanate
1504	1504	1487therapies to relieve, on a large scale, human suffering from disease and injury;
1505	1505	1488 (2) the extraordinary biomedical scientists working within institutions of higher
1506	1506	1489education, research institutes, hospitals and life sciences companies can contribute significantly
1507	1507	1490to the welfare of mankind by performing outstanding research in these fields; 69 of 227
1508	1508	1491 (3) promoting the health of residents of the commonwealth is a fundamental purpose of
1509	1509	1492state government;
1510	1510	1493 (4) promoting life sciences research to foster the development of the next generation of
1511	1511	1494health-related innovations, to enhance the competitive position of the commonwealth in this vital
1512	1512	1495sector of the economy and to improve the quality and delivery of health care for the people of the
1513	1513	1496commonwealth is a clear public purpose and governmental function;
1514	1514	1497 (5) public support for, and promotion of, the life sciences will benefit the commonwealth
1515	1515	1498and its residents through improved health status and health outcomes, economic development
1516	1516	1499and contributions to scientific knowledge, and such research will lead to breakthroughs and
1517	1517	1500improvements that might not otherwise be discovered due to the lack of existing market
1518	1518	1501incentives, especially in the area of regenerative and preventative medicine, such as stem cell
1519	1519	1502research;
1520	1520	1503 (6) public support for, and promotion of, life sciences research has the potential to
1521	1521	1504provide cures or new treatments for many debilitating diseases that cause tremendous human
1522	1522	1505suffering and cost the commonwealth millions of dollars each year;
1523	1523	1506 (7) it is imperative for the purposes of the commonwealth’s competitiveness to invest in
1524	1524	1507life sciences research, biotechnology, nanotechnology, bio-security and health-related artificial
1525	1525	1508intelligence to leverage revenues and to encourage cooperation and innovation among public and
1526	1526	1509private institutions involved in life sciences research and related applications;
1527	1527	1510 (8) the purpose of this chapter is to continue the establishment of the Massachusetts Life
1528	1528	1511Sciences Center, to grant that center the power to contract with other entities to receive other
1529	1529	1512funds and to disburse those funds consistent with the purpose of this chapter; 70 of 227
1530	1530	1513 (9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available
1531	1531	1514research in life sciences disciplines through diverse institutions and to build upon existing
1532	1532	1515strengths in the area of biosciences in order to spread the economic benefits across the
1533	1533	1516commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the
1534	1534	1517world; and
1535	1535	1518 (10) the investments of the Massachusetts Life Sciences Center are intended to support
1536	1536	1519future statewide, comprehensive strategies to lead the nation in life sciences-related research,
1537	1537	1520innovations and employment.
1538	1538	1521 SECTION 37. Section 2 of said chapter 23I, as appearing in the 2022 Official Edition, is
1539	1539	1522hereby amended by inserting after the definition of “Equity investment” the following
1540	1540	1523definition:-
1541	1541	1524 “Health equity”, addressing the preventable disproportion and differences in the burden
1542	1542	1525of disease, experienced by populations that have been disadvantaged by their social or economic
1543	1543	1526status, geographic location or environment.
1544	1544	1527 SECTION 38. Said section 2 of said chapter 23I, as so appearing, is hereby further
1545	1545	1528amended by striking out the definition of “Life sciences” and inserting in place thereof the
1546	1546	1529following definition:-
1547	1547	1530 “Life sciences”, advanced and applied sciences that expand the understanding of human
1548	1548	1531physiology and have the potential to lead to medical advances or therapeutic applications,
1549	1549	1532including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
1550	1550	1533engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
1551	1551	1534intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 71 of 227
1552	1552	1535marine biology, marine technology, medical technology, medical devices, nanotechnology,
1553	1553	1536natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
1554	1554	1537interference, stem cell research and veterinary science.
1555	1555	1538 SECTION 39. Section 3 of said chapter 23I, as amended by section 133 of chapter 7 of
1556	1556	1539the acts of 2023, is hereby further amended by striking out subsection (b) and inserting in place
1557	1557	1540thereof the following subsection:-
1558	1558	1541 (b)(1) The center shall be governed and its corporate powers exercised by a board of
1559	1559	1542directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance
1560	1560	1543or their designee; 1 of whom shall be the secretary of economic development or their designee; 1
1561	1561	1544of whom shall be the president of the University of Massachusetts or their designee; and 6 of
1562	1562	1545whom shall be appointed by the governor, 1 of whom shall be a chief executive officer of a
1563	1563	1546Massachusetts-based life sciences corporation that is a member of the board of directors of the
1564	1564	1547Massachusetts Biotechnology Council, 1 of whom shall be a researcher involved in the
1565	1565	1548commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic
1566	1566	1549products, 1 of whom shall have significant experience in the medical device sector and shall be a
1567	1567	1550member of the Massachusetts Medical Device Industry Council board of directors, 1 of whom
1568	1568	1551shall have significant experience in the health equity subsector of the life sciences sector, 1 of
1569	1569	1552whom shall have significant experience in the digital health subsector of the life sciences sector
1570	1570	1553and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital
1571	1571	1554Association.
1572	1572	1555 (2) Each appointed member shall serve a term of 5 years; provided, however, that in
1573	1573	1556making initial appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 72 of 227
1574	1574	1557director to serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to
1575	1575	1558serve for a term of 4 years. The secretary of the executive office of administration and finance
1576	1576	1559and the secretary of economic development, or their designees, shall serve as co-chairs of the
1577	1577	1560board. Any person appointed to fill a vacancy in the office of an appointed director of the board
1578	1578	1561shall be appointed in a like manner and shall serve for only the unexpired term of such director.
1579	1579	1562Any director shall be eligible for reappointment. Any director may be removed from their
1580	1580	1563appointment by the governor for cause.
1581	1581	1564 SECTION 40. Said section 3 of said chapter 23I is hereby further amended by striking
1582	1582	1565out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place
1583	1583	1566thereof the following word:- Six.
1584	1584	1567 SECTION 41. Said section 3 of said chapter 23I is hereby further amended by inserting
1585	1585	1568after the word “center”, in line 71, as so appearing, the following words:- ; provided, however,
1586	1586	1569that the president may, in their discretion, elect to appoint and employ a chief administrative and
1587	1587	1570operational officer.
1588	1588	1571 SECTION 42. Section 4 of said chapter 23I is hereby amended by striking out the word
1589	1589	1572“Investment”, in line 64, as so appearing, and inserting in place thereof the following word:-
1590	1590	1573Breakthrough.
1591	1591	1574 SECTION 43. Subsection (a) of said section 4 of said chapter 23I, as amended by section
1592	1592	1575134 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (23) the
1593	1593	1576following clause:-
1594	1594	1577 (23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of
1595	1595	1578higher education, nonprofit organizations, other public or quasi-public entities in the 73 of 227
1596	1596	1579commonwealth and certified life sciences companies; provided, that eligible grantees shall
1597	1597	1580include private businesses; provided further, that grants shall be awarded and administered
1598	1598	1581consistent with the strategic goals and priorities of the center; provided further, that grants
1599	1599	1582administered for the purchase of equipment to be owned by, leased to or located within the
1600	1600	1583premises of a private business shall be administered in support of a partnership with an
1601	1601	1584institution of higher education or nonprofit corporation with a mission of supporting the life
1602	1602	1585sciences in the commonwealth; provided further, that a private university or business entity shall
1603	1603	1586not be eligible for a grant unless the center determines that a grant to such university or entity
1604	1604	1587will result in a significant public benefit and any private benefit is incidental to a legitimate
1605	1605	1588public purpose; and provided further, that grants shall be administered in a manner that promotes
1606	1606	1589geographic, social, racial and economic equity;.
1607	1607	1590 SECTION 44. Said section 4 of said chapter 23I is hereby further amended by striking
1608	1608	1591out the word “Investment”, in line 159, as appearing in the 2022 Official Edition, and inserting in
1609	1609	1592place thereof the following word:- Breakthrough.
1610	1610	1593 SECTION 45. Said subsection (a) of said section 4 of said chapter 23I, as amended by
1611	1611	1594section 134 of chapter 7 of the acts of 2023, is hereby further amended by striking out clauses
1612	1612	1595(31) and (32) and inserting in place thereof the following 3 clauses:-
1613	1613	1596 (31) to track and report to the general court on federal initiatives that have an impact on
1614	1614	1597life sciences companies doing business in the commonwealth;
1615	1615	1598 (32) to create award programs to acknowledge successful companies, public and private
1616	1616	1599institutions and programs in industry-specific areas, as determined by the center; and 74 of 227
1617	1617	1600 (33) to convene an advisory board as may be necessary in its judgment to carry out the
1618	1618	1601purposes of this chapter.
1619	1619	1602 SECTION 46. Subsection (c) of section 5 of said chapter 23I, as appearing in the 2022
1620	1620	1603Official Edition, is hereby amended by striking out, in line 64, the word “Investment” and
1621	1621	1604inserting in place thereof the following word:- Breakthrough.
1622	1622	1605 SECTION 47. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is
1623	1623	1606hereby amended by striking out, in line 92, the figure “$30,000,000” and inserting in place
1624	1624	1607thereof the following figure:- $50,000,000.
1625	1625	1608 SECTION 48. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is
1626	1626	1609hereby amended by striking out, in line 107, the figure “5” and inserting in place thereof the
1627	1627	1610following figure:- 3.
1628	1628	1611 SECTION 49. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is
1629	1629	1612hereby further amended by striking out, in line 120, the word “shall” and inserting in place
1630	1630	1613thereof the following word:- may.
1631	1631	1614 SECTION 50. Said chapter 23I is hereby further amended by striking out section 6 and
1632	1632	1615inserting in place thereof the following section:-
1633	1633	1616 Section 6. (a) There shall be established and placed within the center a fund to be known
1634	1634	1617as the Massachusetts Life Sciences Breakthrough Fund to finance the activities of the center. The
1635	1635	1618fund shall be credited with: (i) any appropriations or other money authorized by the general court
1636	1636	1619and specifically designated to be credited thereto; (ii) additional funds subject to the direction
1637	1637	1620and control of the center; (iii) pension funds; (iv) federal grants or loans; (v) royalties or private 75 of 227
1638	1638	1621investment capital which may properly be applied in furtherance of the objectives of the fund;
1639	1639	1622(vi) any proceeds from the sale of qualified investments secured or held by the fund; (vii) fees
1640	1640	1623and charges imposed relative to the making of qualified investments as defined by the center,
1641	1641	1624secured or held by the fund; and (viii) any other money which may be available to the center for
1642	1642	1625the purposes of the fund from any other source. Any funds deposited in the fund shall be
1643	1643	1626available to the center for the purposes described in this section without further appropriation.
1644	1644	1627All available money in the fund that is unexpended at the end of each fiscal year shall not revert
1645	1645	1628to the General Fund and shall be made available for expenditure in the subsequent fiscal year.
1646	1646	1629 (b) The center shall invest and reinvest the fund and the income thereof only as follows:
1647	1647	1630 (i) making qualified investments pursuant to subsection (c);
1648	1648	1631 (ii) defraying the ordinary and necessary expenses of administration and operation
1649	1649	1632associated with the center; provided, however, that said administrative and operational expenses
1650	1650	1633shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in
1651	1651	1634a fiscal year;
1652	1652	1635 (iii) investing any funds not required for immediate disbursement in the purchase of such
1653	1653	1636securities as may be lawful investments for fiduciaries in the commonwealth;
1654	1654	1637 (iv) paying binding obligations associated with such qualified investments which shall be
1655	1655	1638secured by the fund as the same become payable; or
1656	1656	1639 (v) paying principal or interest on qualified investments secured by the fund or paying
1657	1657	1640any redemption premium required to be paid when such qualified investments shall be redeemed
1658	1658	1641prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time 76 of 227
1659	1659	1642in such an amount as would reduce the amount of the fund to less than the minimum requirement
1660	1660	1643thereof established by the board, except for the purpose of paying binding obligations associated
1661	1661	1644with qualified investments which shall be secured by the fund as the same become payable.
1662	1662	1645 (c) The fund shall be held and applied by the center, subject to the approval of the board,
1663	1663	1646to make qualified investments, grants, research and other funding and loans designed to advance
1664	1664	1647the following public purposes for the life sciences in the commonwealth:
1665	1665	1648 (i) to stimulate increased financing for the expansion of research and development by
1666	1666	1649leveraging private financing for highly productive state-of-the-art research and development
1667	1667	1650facilities, equipment and instrumentation and by providing financing related thereto, including,
1668	1668	1651but not limited to, financing for the construction or expansion of such new facilities;
1669	1669	1652 (ii) to make targeted investments, including, but not limited to, research funding, proof of
1670	1670	1653concept funding and funding for the development of devices, drugs or therapeutics and to
1671	1671	1654promote manufacturing activities for new or existing advanced technologies and life sciences
1672	1672	1655research; provided, that funding provided for the purchase of equipment to be owned by, leased
1673	1673	1656to or located within the premises of a private businesses shall be made in support of a partnership
1674	1674	1657with an institution of higher education or nonprofit corporation with a mission of supporting the
1675	1675	1658life sciences in the commonwealth; provided further, that a private university or business entity
1676	1676	1659shall not be eligible for funding unless the center determines that such funding will result in a
1677	1677	1660significant public benefit and any private benefit is incidental to a legitimate public purpose; and
1678	1678	1661provided further, that grants shall be awarded in a manner that promotes geographic, social,
1679	1679	1662racial and economic equity; 77 of 227
1680	1680	1663 (iii) to make matching grants to colleges, universities, independent research institutions,
1681	1681	1664nonprofit entities, public instrumentalities, companies and other entities in connection with
1682	1682	1665support from the federal government, industry and other grant-funding sources related to the
1683	1683	1666expansion of research and development and to increase and strengthen economic development,
1684	1684	1667employment opportunities and commercial and industrial sectors in the field of life sciences;
1685	1685	1668 (iv) to provide bridge financing to colleges, universities, independent research
1686	1686	1669institutions, nonprofit entities, public instrumentalities, companies and other entities for the
1687	1687	1670receipt of grants as described in clause (iii) awarded or to be awarded by the federal government,
1688	1688	1671industry or other sources;
1689	1689	1672 (v) to provide fellowships, co-ops, high school internships, for which additional
1690	1690	1673consideration shall be given to minority students at schools where at least 80 per cent of the
1691	1691	1674student population is eligible for free or reduced lunch, college internships, for which additional
1692	1692	1675consideration shall be given to minority students enrolled full-time or part-time at a community
1693	1693	1676college, loans and grants;
1694	1694	1677 (vi) to provide workforce training grants to prepare individuals for life sciences careers;
1695	1695	1678 (vii) to provide funding for development, coordination and marketing of higher education
1696	1696	1679programs; and
1697	1697	1680 (viii) to make qualified grants to certified life sciences companies for site remediation,
1698	1698	1681preparation and ancillary infrastructure improvement projects.
1699	1699	1682 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives,
1700	1700	1683including, but not limited to: 78 of 227
1701	1701	1684 (i) international trade initiatives;
1702	1702	1685 (ii) qualified grants and equity investments to further workforce development and
1703	1703	1686education in the life sciences and to promote a diverse life sciences workforce in the
1704	1704	1687commonwealth;
1705	1705	1688 (iii) activities that facilitate the transfer of technology from the commonwealth’s research
1706	1706	1689institutions to the commonwealth’s life science industries for productive use by such industries
1707	1707	1690and to make targeted investments in proof of concept funding for emerging technologies;
1708	1708	1691 (iv) a program to promote the research and development of plant-made pharmaceuticals
1709	1709	1692and industrial products through field trials, in collaboration with the department of agricultural
1710	1710	1693resources;
1711	1711	1694 (v) initiatives to promote the research, development, adoption and productive application
1712	1712	1695of artificial intelligence within the commonwealth’s life science industries;
1713	1713	1696 (vi) initiatives to promote health equity, including programs that help identify and
1714	1714	1697address preventable disproportion and differences in the burden of disease or opportunities to
1715	1715	1698achieve optimal health, experienced by populations that have been disadvantaged by their social
1716	1716	1699or economic status, geographic location or environment;
1717	1717	1700 (vii) initiatives to promote the efficient collection, storage and sharing of biological
1718	1718	1701samples and health information to assist with research and development of new treatments for
1719	1719	1702disease or otherwise improve patient outcomes;
1720	1720	1703 (viii) initiatives to promote biomanufacturing and supply chain resiliency in the life
1721	1721	1704sciences in the commonwealth; 79 of 227
1722	1722	1705 (ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and
1723	1723	1706 (x) a program to make qualified equity investments in early-stage life sciences companies
1724	1724	1707and enterprises seeking to raise seed capital; provided, however, that qualified equity
1725	1725	1708investments shall not exceed $250,000 in any 1 enterprise; and provided further, that the center
1726	1726	1709shall not make such qualified equity investments unless the investment has been approved by a
1727	1727	1710majority vote of the board, the recipient is a life sciences company certified pursuant to section 5
1728	1728	1711and the center finds, to the extent possible, that a definite benefit to the commonwealth’s
1729	1729	1712economy may reasonably be expected from the qualified investment. In evaluating a request or
1730	1730	1713application for a qualified equity investment, the center shall consider whether:
1731	1731	1714 (A) the proceeds of the equity investment shall only be used to cover the seed capital
1732	1732	1715needs of the enterprise except as hereinafter authorized;
1733	1733	1716 (B) the enterprise has a reasonable chance of success;
1734	1734	1717 (C) the center’s participation is necessary to the success of the enterprise because funding
1735	1735	1718for the enterprise is unavailable in the traditional capital markets or contingent upon matching
1736	1736	1719funds or because funding has been offered on terms that would substantially hinder the success
1737	1737	1720of the enterprise;
1738	1738	1721 (D) the enterprise has reasonable potential to create a substantial amount of primary
1739	1739	1722employment in the commonwealth;
1740	1740	1723 (E) the enterprise’s principals have made or are prepared to make a substantial financial
1741	1741	1724and time commitment to the enterprise; and 80 of 227
1742	1742	1725 (F) a reasonable effort has been made to find a professional investor to invest in the
1743	1743	1726enterprise and such effort was successful.
1744	1744	1727 (e)(1) The center shall not make a qualified investment pursuant to subsection (c) unless:
1745	1745	1728 (i) the investment has been approved by a majority vote of the board;
1746	1746	1729 (ii) the recipient is a certified life sciences company pursuant to section 5 or a project or
1747	1747	1730initiative listed in subsection (d);
1748	1748	1731 (iii) the securities to be purchased shall be qualified securities;
1749	1749	1732 (iv) there shall be a reasonable possibility that the center shall, at a minimum, recoup its
1750	1750	1733initial investment;
1751	1751	1734 (v) binding commitments have been made to the center by the enterprise for adequate
1752	1752	1735reporting of financial data to the center, including, but not limited to, a requirement for an annual
1753	1753	1736or other periodic audit of the books of the enterprise, and for such control on the part of the
1754	1754	1737center as the board shall consider prudent over the management of the enterprise, to protect the
1755	1755	1738investment of the center, including, but not limited to, the board’s right to access financial and
1756	1756	1739other records of the enterprise; and
1757	1757	1740 (vi) the center finds, to the extent possible, that a definite benefit to the commonwealth’s
1758	1758	1741economy may reasonably be expected from the qualified investment; provided, that in evaluating
1759	1759	1742a request or application for funding, the center shall consider the following:
1760	1760	1743 (A) the appropriateness of the project;
1761	1761	1744 (B) whether the project has significant potential to expand employment; 81 of 227
1762	1762	1745 (C) the project’s potential to enhance technological advancements;
1763	1763	1746 (D) the project’s potential to lead to a breakthrough medical treatment for a particular
1764	1764	1747disease or medical condition;
1765	1765	1748 (E) the project’s potential for leveraging additional funding or attracting resources to the
1766	1766	1749commonwealth;
1767	1767	1750 (F) the project’s potential to promote manufacturing in the commonwealth; and
1768	1768	1751 (G) evidence of potential royalty income and contractual means to recapture such income
1769	1769	1752for the purposes of this chapter, as the center considers appropriate;
1770	1770	1753 (vii) to the extent the investment is a capital investment made pursuant to clause (viii) of
1771	1771	1754subsection (c), the investment has been approved by the secretary of administration and finance
1772	1772	1755upon request of the center; provided, however, that said request shall be submitted to the
1773	1773	1756secretary of administration and finance in writing and shall include, but shall not be limited to:
1774	1774	1757 (A) a description of the project or program to be funded;
1775	1775	1758 (B) the economic benefits to the commonwealth which can reasonably be expected from
1776	1776	1759the project or program;
1777	1777	1760 (C) a copy of the proposed contract or other document executing the transaction between
1778	1778	1761the center and the recipient of the funds;
1779	1779	1762 (D) a description of the contractual or other legal remedies available to the center upon
1780	1780	1763non-performance of the contract or other document executing the transaction by the recipient, 82 of 227
1781	1781	1764including, but not limited to, any provisions for restitution or reimbursement of the funds
1782	1782	1765granted, loaned or otherwise invested in or with the recipient; and
1783	1783	1766 (E) any other information as the secretary of administration and finance may determine;
1784	1784	1767and
1785	1785	1768 (viii) the qualified investment conforms with the rules approved by the board.
1786	1786	1769 (2) Rules approved by the board shall set the terms and conditions for investments that
1787	1787	1770shall constitute qualified investments, including, but not limited to, loans, guarantees, loan
1788	1788	1771insurance or reinsurance, equity investments, grants awarded pursuant to clause (iii) of
1789	1789	1772subsection (c), other financing or credit enhancing devices, as established by the center directly
1790	1790	1773or on its own behalf or in conjunction with other public instrumentalities, or private institutions
1791	1791	1774or the federal government. The rules shall provide that qualified investments made pursuant to
1792	1792	1775clauses (i) and (ii) of said subsection (c) shall involve a transaction with the participation of at
1793	1793	1776least 1 at-risk private party; provided, that the rules approved by the board shall establish the
1794	1794	1777terms, procedures, standards and conditions which the center shall employ to identify qualified
1795	1795	1778applications, process applications, make investment determinations, safeguard the fund, advance
1796	1796	1779the objective of increasing employment opportunities, oversee the progress of qualified
1797	1797	1780investments and secure the participation of other public instrumentalities, private institutions or
1798	1798	1781the federal government in qualified investments; and provided further, that the rules shall provide
1799	1799	1782for negotiated intellectual property agreements between the center and a qualified investment
1800	1800	1783recipient which shall include, but shall not be limited to, the terms and conditions by which the
1801	1801	1784fund’s support may be reduced or withdrawn. 83 of 227
1802	1802	1785 (f) The center may solicit investments by private institutions or investors in the activities
1803	1803	1786of the fund and may reach agreements with such private institutions or investors regarding the
1804	1804	1787terms of any such investments, including, but not limited to, the rights of such investors to
1805	1805	1788participate in the income or appropriation of the fund. To further the objective of securing
1806	1806	1789investments by private institutions or investors in the activities of the fund pursuant to the
1807	1807	1790preceding sentence, the center may develop a proposal creating a separate investment entity
1808	1808	1791which shall permit the commingling of the fund’s resources with the maximum participation by
1809	1809	1792such private institutions or investors in a manner consistent with the public purpose of the fund
1810	1810	1793and under the terms and conditions established to protect and preserve the assets of the fund.
1811	1811	1794 (g) Copies of the approved rules, and any modifications, shall be submitted to the clerks
1812	1812	1795of the house of representatives and the senate, who shall forward the same to the house and
1813	1813	1796senate committees on ways and means and the joint committee on economic development and
1814	1814	1797emerging technologies.
1815	1815	1798 (h) Qualified investment transactions made by the center pursuant to this section shall
1816	1816	1799not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and
1817	1817	1800shall be payable solely from the fund and shall not constitute a debt or pledge of the full faith and
1818	1818	1801credit of the commonwealth, the center or any subdivision of the commonwealth.
1819	1819	1802 (i) The center shall not make expenditures from or a commitment of the assets of the
1820	1820	1803fund, including, but not limited to, the making of qualified investments secured by the fund, if
1821	1821	1804following the making of said qualified investment, the amount of the fund shall be less than the
1822	1822	1805minimum requirement established by the board. 84 of 227
1823	1823	1806 SECTION 51. Subsection (a) of section 7 of said chapter 23I, as appearing in the 2022
1824	1824	1807Official Edition, is hereby amended by adding the following sentence:- The center may, in its
1825	1825	1808discretion, transfer funds from the Massachusetts Life Sciences Breakthrough Fund established
1826	1826	1809in section 6 to the Dr. Craig C. Mello Small Business Equity Investment Fund to advance the
1827	1827	1810purposes of this section.
1828	1828	1811 SECTION 52. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby
1829	1829	1812amended by adding the following sentence:- The center may, in its discretion, transfer funds
1830	1830	1813from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr.
1831	1831	1814Judah Folkman Higher Education Grant Fund to advance the purposes of this section.
1832	1832	1815 SECTION 53. Sections 9, 10 and 12 of said chapter 23I are hereby repealed.
1833	1833	1816 SECTION 54. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is
1834	1834	1817hereby amended by striking out, in line 18, the words “October 1”, and inserting in place thereof
1835	1835	1818the following words:- December 31.
1836	1836	1819 SECTION 55. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
1837	1837	1820amended by inserting after the definition of “Clean energy research” the following 3 definitions:-
1838	1838	1821 “Certified climatetech company”, climatetech company certified pursuant to subsection
1839	1839	1822(b) of section 16.
1840	1840	1823 “Climatetech”, clean energy and other advanced and applied technologies that contribute
1841	1841	1824to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions, or
1842	1842	1825mitigate the impacts of climate change through adaptation, resiliency and environmental
1843	1843	1826sustainability. 85 of 227
1844	1844	1827 “Climatetech company”, a business corporation, partnership, firm, unincorporated
1845	1845	1828association or other entity engaged in research, development, innovation, manufacturing,
1846	1846	1829deployment or commercialization of climatetech technologies in the commonwealth and any
1847	1847	1830affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63,
1848	1848	183164H or 64I.
1849	1849	1832 “Climatetech research”, clean energy research, advanced and applied research in new
1850	1850	1833climatetech technologies.
1851	1851	1834 SECTION 56. Section 2 of said chapter 23J is hereby amended by striking out, in lines
1852	1852	183516, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words
1853	1853	1836“clean energy”, each time they appear, and inserting in place thereof, in each instance, the
1854	1854	1837following word:- climatetech.
1855	1855	1838 SECTION 57. Said section 2 of said chapter 23J is hereby further amended by striking
1856	1856	1839out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following
1857	1857	1840word:- climatetech.
1858	1858	1841 SECTION 58. Section 3 of said chapter 23J, as so appearing, is hereby amended by
1859	1859	1842striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 to 132, 136, 141, 169, 170 to 171,
1860	1860	1843171, 177, 179, the words “clean energy”, each time they appear, and inserting in place thereof, in
1861	1861	1844each instance, the following word:- climatetech.
1862	1862	1845 SECTION 59. Section 5 of said chapter 23J, as so appearing, is hereby amended by
1863	1863	1846striking out, in lines 26 and 28, the words “clean energy”, each time they appear, and inserting in
1864	1864	1847place thereof, in each instance, the following word:- climatetech. 86 of 227
1865	1865	1848 SECTION 60. Section 7 of said chapter 23J, as so appearing, is hereby amended by
1866	1866	1849striking out, in lines 2, 3 and 7, the words “clean energy”, each time they appear, and inserting in
1867	1867	1850place thereof, in each instance, the following word:- climatetech.
1868	1868	1851 SECTION 61. Section 8 of said chapter 23J, as so appearing, is hereby amended by
1869	1869	1852striking out, in lines 10, 14, 32 and 34, the words “clean energy”, each time they appear, and
1870	1870	1853inserting in place thereof, in each instance, the following word:- climatetech.
1871	1871	1854 SECTION 62. Section 9 of said chapter 23J, as so appearing, is hereby amended by
1872	1872	1855inserting after the words “renewable energy”, in lines 24, 26, 28, 29, 31, 32, 36, 41 54, 97, 105
1873	1873	1856and 134, each time they appear, the following words:- and climatetech.
1874	1874	1857 SECTION 63. Said section 9 of said chapter 23J, as so appearing, is hereby further
1875	1875	1858amended by inserting after the words “clean energy”, in lines 52 and 58, each time they appear,
1876	1876	1859the following words:- and climatetech.
1877	1877	1860 SECTION 64. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is
1878	1878	1861hereby amended by striking out, in lines 78 to 86, inclusive, the words “industry; (ii) the use of
1879	1879	1862renewable energy by electricity customers in the commonwealth; (iii) public education and
1880	1880	1863training regarding renewable energy including, but not limited to, promoting programs and
1881	1881	1864investments that lead to pathways toward economic self-sufficiency for low- and moderate-
1882	1882	1865income individuals and communities in the clean energy industry; (iv) product and market
1883	1883	1866development; (v) pilot and demonstration projects and other activities designed to increase the
1884	1884	1867use and affordability of renewable energy” and inserting in place thereof the following words:-
1885	1885	1868and climatetech industry; (ii) the use of renewable energy by electricity customers in the
1886	1886	1869commonwealth; (iii) public education and training regarding renewable energy and climatetech, 87 of 227
1887	1887	1870including, but not limited to, promoting programs and investments that lead to pathways toward
1888	1888	1871economic self-sufficiency for low- and moderate-income individuals and communities in the
1889	1889	1872clean energy and climatetech industry; (iv) product and market development; (v) pilot and
1890	1890	1873demonstration projects and other activities designed to increase the use and affordability of
1891	1891	1874renewable energy and climatetech.
1892	1892	1875 SECTION 65. Said section 9 of said chapter 23J, as so appearing, is hereby further
1893	1893	1876amended by inserting after the word “projects”, in line 123, the following words:- ; provided,
1894	1894	1877that climatetech technologies eligible for assistance shall be consistent with the definition of
1895	1895	1878climatetech as set forth in section 1.
1896	1896	1879 SECTION 66. Section 9A of said chapter 23J, as so appearing, is hereby amended by
1897	1897	1880striking out, in line 84, the word “and”.
1898	1898	1881 SECTION 67. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is
1899	1899	1882hereby amended by striking out clause (12) and inserting in place thereof the following 3
1900	1900	1883clauses:-
1901	1901	1884 (12) promote jobs, economic and workforce development through capital grants to
1902	1902	1885companies and governmental entities for the purpose of supporting and stimulating research, and
1903	1903	1886development, innovation, manufacturing, commercialization and deployment of offshore wind in
1904	1904	1887the commonwealth;
1905	1905	1888 (13) provide for the necessary and reasonable administrative and personnel costs of the
1906	1906	1889center or of the executive office of energy and environmental affairs related to administering the
1907	1907	1890fund; and 88 of 227
1908	1908	1891 (14) otherwise further the public purposes set forth in this section.
1909	1909	1892 SECTION 68. Section 10 of said chapter 23J, as so appearing, is hereby amended by
1910	1910	1893striking out, in lines 3 and 6, the words “clean energy”, each time they appear, and inserting in
1911	1911	1894place thereof, in each instance, the following word:- climatetech.
1912	1912	1895 SECTION 69. Section 13 of said chapter 23J, as so appearing, is hereby amended by
1913	1913	1896striking out, in lines 1, 6, 7, 13, 14 to 15, 17, 18, 20, 23 to 24, 24, 26, 33 to 34, 34, 36 to 37, 42,
1914	1914	189744, 49, 56, 64 and 75, the words “clean energy”, each time they appear, and inserting in place
1915	1915	1898thereof, in each instance, the following word:- climatetech.
1916	1916	1899 SECTION 70. Section 15 of said chapter 23J, as so appearing, is hereby amended by
1917	1917	1900striking out, in lines 2 and 71, the words “Clean Energy”, each time they appear, and inserting in
1918	1918	1901place thereof in each instance the following word:- Climatetech.
1919	1919	1902 SECTION 71. Said section 15 of said chapter 23J, as so appearing, is hereby further
1920	1920	1903amended by striking out, in lines 8, 18, 21, 22, 25, 30 to 31, 35 to 36, 38, 40, 42, 44 to 45 and 47,
1921	1921	1904the words “clean energy”, each time they appear, and inserting in place thereof in each instance
1922	1922	1905the following word:- climatetech.
1923	1923	1906 SECTION 72. Said section 15 of said chapter 23J, as so appearing, is hereby further
1924	1924	1907amended by striking out, in line 47, the word “and”.
1925	1925	1908 SECTION 73. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is
1926	1926	1909hereby amended by striking out clause (x) and inserting in place thereof the following 2 clauses:-
1927	1927	1910 (x) promoting jobs, economic and workforce development through capital grants to
1928	1928	1911companies and governmental entities for the purpose of supporting and stimulating research and 89 of 227
1929	1929	1912development, innovation, manufacturing, commercialization and deployment of climatetech
1930	1930	1913technologies in the commonwealth; and
1931	1931	1914 (xi) providing for the necessary and reasonable administrative and personnel costs of the
1932	1932	1915center or of the executive office of energy and environmental affairs related to administering the
1933	1933	1916fund.
1934	1934	1917 SECTION 74. Said chapter 23J is hereby further amended by adding the following
1935	1935	1918section:-
1936	1936	1919 Section 16. (a) There shall be established and placed within the center a climatetech tax
1937	1937	1920incentive program that shall be administered by the center. The purpose of the program shall be
1938	1938	1921to develop and expand climatetech related employment opportunities in the commonwealth and
1939	1939	1922to promote climatetech related economic development in the commonwealth by supporting and
1940	1940	1923stimulating research, development, innovation, manufacturing and deployment in the climatetech
1941	1941	1924sector. A climatetech company certified pursuant to subsection (b) shall be eligible for
1942	1942	1925participation in the program.
1943	1943	1926 (b) The center may, upon a majority vote of the board, certify a climatetech company as
1944	1944	1927eligible upon: (i) the timely receipt, as determined by the center, of a certification proposal
1945	1945	1928supported by independently verifiable information, signed under the pains and penalties of
1946	1946	1929perjury by a person expressly authorized to contract on behalf of the climatetech company and
1947	1947	1930shall include, but shall not be limited to, an estimate of the projected new state revenue the
1948	1948	1931climatetech company expects to generate during the period for which the company seeks
1949	1949	1932certification, together with a plan that shall include, but shall not be limited to: (A) precise goals
1950	1950	1933and objectives, by which the climatetech company proposes to achieve the projected new state 90 of 227
1951	1951	1934revenue; (B) an estimate of the number of permanent full-time employees to be hired or retained;
1952	1952	1935(C) an estimate of the year in which the company expects to hire or retain the employees; (D) an
1953	1953	1936estimate of the projected average salaries of said employees; (E) an estimate of the projected
1954	1954	1937taxable income pursuant to chapter 62 generated by said employees; (F) an estimate of the
1955	1955	1938methods by which the company shall obtain new employees and pursue a diverse workforce; and
1956	1956	1939(G) if applicable, an estimate of the company’s planned capital investment in the commonwealth;
1957	1957	1940and (ii) findings made by the center, based on the certification proposal, documents submitted
1958	1958	1941therewith and any additional investigation by the center that shall be incorporated in its approval,
1959	1959	1942that: (1) the climatetech company is likely to contribute substantially to research, development,
1960	1960	1943innovation, manufacturing, commercialization or deployment of  climatetech  in the
1961	1961	1944commonwealth; (2) the climatetech company has a substantial likelihood of meeting all statutory
1962	1962	1945requirements and any other criteria that the center may prescribe, including, but not limited to,
1963	1963	1946criteria in the following areas: (A) leveraging additional funding or attracting additional
1964	1964	1947resources to the commonwealth; (B) increasing research, development, innovation,
1965	1965	1948manufacturing, commercialization or deployment of climate technologies within the
1966	1966	1949commonwealth; and (C) creating employment in the commonwealth; and (3) the climatetech
1967	1967	1950company has a substantial likelihood of meeting its state revenue, employment growth and
1968	1968	1951applicable capital investment projections, as specified in the certification proposal, over the
1969	1969	1952period for which it receives benefits.
1970	1970	1953 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting
1971	1971	1954with the tax year in which certification is granted. Each certified climatetech company shall file
1972	1972	1955an annual report with the center certifying whether it has met the specific targets established in 91 of 227
1973	1973	1956the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards
1974	1974	1957those targets.
1975	1975	1958 (2) The certification of a climatetech company may be revoked by the center after an
1976	1976	1959investigation by the center and a determination that the climatetech company is in material
1977	1977	1960noncompliance with its certification proposal; provided, however, that the center shall review
1978	1978	1961said certified climatetech company at least annually. Revocation shall take effect on the first day
1979	1979	1962of the tax year in which the center determines the certified climatetech company to be in material
1980	1980	1963noncompliance. The commissioner of revenue shall, as of the effective date of the revocation,
1981	1981	1964disallow any credits allowed by the original certification of tax benefits under this section. The
1982	1982	1965commissioner of revenue shall issue regulations to establish a process to recapture the value of
1983	1983	1966any credits allowed by the certification under this section. For the purposes of this paragraph,
1984	1984	1967“material noncompliance” shall mean the failure of a certified climatetech company to
1985	1985	1968substantially achieve the new state revenue, job growth and capital investment projections set
1986	1986	1969forth in its certification proposal or any other act, omission or misrepresentation by the certified
1987	1987	1970climatetech company that frustrates the public purpose of the climatetech tax incentive program.
1988	1988	1971 (3) Nothing in this subsection shall limit any legal remedies available to the
1989	1989	1972commonwealth against any certified climatetech company.
1990	1990	1973 (d)(1) The center, in consultation with the department of revenue, may annually authorize
1991	1991	1974incentives, including those established in subsections (ff) and (gg) of section 6 of chapter 62,
1992	1992	1975subsection (j) of section 38M of chapter 63, section 38PP of said chapter 63, section 38QQ of
1993	1993	1976said chapter 63, section 38RR of said chapter 63, the second paragraph of subsection (c) of
1994	1994	1977section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not 92 of 227
1995	1995	1978exceed $30,000,000 annually. The center, in consultation with the department of revenue, may
1996	1996	1979limit the incentives to a specific dollar amount or time duration or in any other manner deemed
1997	1997	1980appropriate by the department of revenue; provided, however, that the department of revenue
1998	1998	1981shall only allocate the incentives among certified climatetech companies.
1999	1999	1982 (2) The center, in consultation with the department of revenue, shall provide an estimate
2000	2000	1983to the secretary of administration and finance of the tax cost of extending benefits to a proposed
2001	2001	1984project before certification, as approved by the commissioner of revenue, based on reasonable
2002	2002	1985projections of project activities and costs. Tax incentives shall not be available to a certified
2003	2003	1986climatetech company unless expressly granted by the secretary of administration and finance in
2004	2004	1987writing.
2005	2005	1988 SECTION 75. Section 18 of chapter 23N of the General Laws, as most recently amended
2006	2006	1989by section 137 of chapter 7 of the acts of 2023, is hereby further amended by striking out
2007	2007	1990subsections (b) and (c) and inserting in place thereof the following subsections:-
2008	2008	1991 (b) The fund shall be administered by the secretary of economic development. Money in
2009	2009	1992the fund shall be competitively granted pursuant to existing workforce development programs
2010	2010	1993that develop and strengthen workforce opportunities for low-income communities or vulnerable
2011	2011	1994youth and young adults in the commonwealth, including providing opportunities and strategies to
2012	2012	1995promote stable employment and wage growth, or competitively granted to eligible recipients
2013	2013	1996described in subsection (c).
2014	2014	1997 (c) Eligible grant recipients shall provide opportunities that: (i) target at risk youth,
2015	2015	1998including resources to empower youth to succeed in the workforce; (ii) provide job skills
2016	2016	1999trainings, including programs offering trainings in multiple languages and areas for development, 93 of 227
2017	2017	2000including education and hands on skills; (iii) promote adult literacy, including strategies to
2018	2018	2001master reading and writing and providing digital formats to increase accessibility; and (iv)
2019	2019	2002provide English language learning programs to promote access to the workforce; provided,
2020	2020	2003however, that as an alternative, eligible grant recipients may provide opportunities that: (A)
2021	2021	2004provide job skills trainings, including education and hands-on skills for individuals with
2022	2022	2005intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional
2023	2023	2006credentialing or other workforce opportunities for non-citizens permanently residing under color
2024	2024	2007of law or otherwise lawfully present in the commonwealth. The secretary of economic
2025	2025	2008development shall establish criteria to evaluate applications for the grant program; provided, that
2026	2026	2009the criteria shall include, but shall not be limited to, at risk populations; provided further, that
2027	2027	2010preference shall be given to eligible grant recipients providing opportunities for individuals who
2028	2028	2011meet at least 2 of the following: (i) is under 30 years of age; (ii) is a victim of violence; (iii) is
2029	2029	2012over 18 years of age and does not have a high school diploma; (iv) has been convicted of a
2030	2030	2013felony; (v) has been unemployed or has had a family income below 250 per cent of the federal
2031	2031	2014poverty level for not less than 6 months; (vi) lives in a census tract where over 20 per cent of the
2032	2032	2015populations fall below the federal poverty line; (vii) is an immigrant, refugee or person of color;
2033	2033	2016or (viii) is an individual with an intellectual, developmental or physical disability.
2034	2034	2017 SECTION 76. Chapter 29 of the General Laws is hereby amended by striking out section
2035	2035	20182AAAA and inserting in place thereof the following section:-
2036	2036	2019 Section 2AAAA. There shall be established and set up on the books of the
2037	2037	2020commonwealth a separate fund to be known as the State Athletic Commission Fund to be
2038	2038	2021administered by the commissioner of occupational licensure. The fund shall consist of any
2039	2039	2022money from licensing fees or other fees and fines collected under sections 32 to 35, inclusive, 94 of 227
2040	2040	2023sections 40, 40A and 42 of chapter 147 and section 12 of chapter 265. Not more than $500,000
2041	2041	2024in each fiscal year shall be expended, without further appropriation, by the commissioner of
2042	2042	2025occupational licensure for the costs of operating and administering the state athletic commission.
2043	2043	2026Any amount credited to the fund that exceeds $500,000 shall be deposited into the General Fund.
2044	2044	2027For the purposes of accommodating discrepancies between the receipt of retained revenues and
2045	2045	2028related expenditures, the division of occupational licensure may incur expenses and the
2046	2046	2029comptroller may certify for payment amounts not to exceed the lower of this authorization or the
2047	2047	2030most recent revenue estimate as reported in the state accounting system.
2048	2048	2031 SECTION 77. Section 29K of said chapter 29, as appearing in the 2022 Official Edition,
2049	2049	2032is hereby amended by adding the following subsection:-
2050	2050	2033 (h) Notwithstanding any general or special law to the contrary, the board of directors of a
2051	2051	2034state authority may meet independently of management or in executive session to discuss matters
2052	2052	2035pertaining to the audit or compensation committees.
2053	2053	2036 SECTION 78. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby
2054	2054	2037amended by adding the following subsection:-
2055	2055	2038 (g) Notwithstanding section 39M of chapter 30, or any general or special law to the
2056	2056	2039contrary, a governmental body may, in a single procurement in accordance with section 5,
2057	2057	2040procure: (i) broadband internet service; (ii) the design, installation, maintenance and operation of
2058	2058	2041fiber optic cables and other equipment to provide broadband internet service to a public building
2059	2059	2042or buildings; (iii) the design, installation, maintenance and operation of a wireless
2060	2060	2043communication network for a public building or public land; or (iv) any combination of the
2061	2061	2044foregoing. All such fiber optic cables, wireless network equipment and other physical 95 of 227
2062	2062	2045improvements designed, installed, maintained and operated pursuant to such procurement shall
2063	2063	2046be considered supplies.
2064	2064	2047 SECTION 78A. Section 1 of chapter 31 of the General Laws, as so appearing, is hereby
2065	2065	2048amended by striking out, in lines 4 to 6, inclusive, the words “personnel administrator of the
2066	2066	2049human resources division within the executive office for administration and finance” and
2067	2067	2050inserting in place thereof the following words:- agency head or chief human resources officer of
2068	2068	2051the human resources division within the executive office for administration and finance or a
2069	2069	2052delegated agent.
2070	2070	2053 SECTION 78B. Said section 1 of said chapter 31, as so appearing, is hereby further
2071	2071	2054amended by striking out, in lines 18 to 21, inclusive, the words “(e) assuring fair treatment of all
2072	2072	2055applicants and employees in all aspects of personnel administration without regard to political
2073	2073	2056affiliation, race, color, age, national origin, sex, marital status, handicap,” and inserting in place
2074	2074	2057thereof the following words:- (e) notwithstanding potential remedies provided by any other laws
2075	2075	2058that prohibit discrimination in employment, assuring fair treatment of all applicants and
2076	2076	2059employees in all aspects of personnel administration without regard to political affiliation, race,
2077	2077	2060color, age, national origin, sex, marital status, military status, disability, sexual orientation,
2078	2078	2061gender identity.
2079	2079	2062 SECTION 78C. Said section 1 of said chapter 31, as so appearing, is hereby further
2080	2080	2063amended by striking out, in line 44, the words ““Department” or “division”” and inserting in
2081	2081	2064place thereof the following word:- “Division”.
2082	2082	2065 SECTION 78D. Said section 1 of said chapter 31, as so appearing, is hereby further
2083	2083	2066amended by inserting after the definition “Departmental unit” the following definition:- 96 of 227
2084	2084	2067 “Disability”, any condition or characteristic, physical or mental, which substantially
2085	2085	2068limits one or more major life activities; or a record of such impairment; or the external
2086	2086	2069manifestations of such impairment.
2087	2087	2070 SECTION 78E. Said section 1 of said chapter 31, as so appearing, is hereby further
2088	2088	2071amended by inserting after the word “examination”, in line 71, the following words:- , where
2089	2089	2072required by the rules of the administrator,.
2090	2090	2073 SECTION 78F. Said section 1 of said chapter 31, as so appearing, is hereby further
2091	2091	2074amended by striking out, in line 82 to 85, inclusive, the definition of “Handicap”.
2092	2092	2075 SECTION 78G. Said section 1 of said chapter 31, as so appearing, is hereby further
2093	2093	2076amended, by striking out, in lines 94 and 95 the words “six or section twenty-eight” and inserting
2094	2094	2077in place thereof the following words:- 6, 6D or 28.
2095	2095	2078 SECTION 78H. Subsection (b) of section 2 of said chapter 31, as so appearing, is hereby
2096	2096	2079amended by striking out the third and fourth paragraphs and inserting in place thereof the
2097	2097	2080following 2 paragraphs:-
2098	2098	2081 The appeal shall be accompanied by such form as the commission may prescribe
2099	2099	2082containing a statement of the allegations that form the basis of the aggrieved person’s appeal
2100	2100	2083with specific reference to the provisions of this chapter or the rules of the administrator or basic
2101	2101	2084merit principles that have been violated, together with an explanation of how the person has been
2102	2102	2085harmed.
2103	2103	2086 Hearings on any appeal pending before the commission may be held before any member
2104	2104	2087thereof, who shall report their findings of fact and recommendations to the commission for its 97 of 227
2105	2105	2088action. Alternatively, the chair of the commission may appoint as hearing officer any other
2106	2106	2089disinterested person who is experienced in adjudication or well-versed in the provisions of this
2107	2107	2090chapter; provided, that upon the conclusion of any such hearing, and consistent with the
2108	2108	2091provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice
2109	2109	2092and Procedure, the assigned hearing officer shall report their findings of fact and
2110	2110	2093recommendations to the commission for its action.
2111	2111	2094 SECTION 78I. Said section 2 of said chapter 31, as so appearing, is hereby further
2112	2112	2095amended by inserting after the figure “31A”, in line 49, the following words:- or this chapter.
2113	2113	2096 SECTION 78J. Said section 2 of said chapter 31, as so appearing, is hereby further
2114	2114	2097amended by striking out subsections (d) to (g), inclusive, and inserting in place thereof the
2115	2115	2098following 5 subsections:-
2116	2116	2099 (d) To hear and decide appeals concerning performance evaluations or performance
2117	2117	2100audits conducted by the administrator, as provided by this chapter or chapter 31A.
2118	2118	2101 (e) To award reasonable attorneys’ fees and costs up to $25,000 to an appellant who
2119	2119	2102prevails in an appeal brought under this chapter, upon an express finding of either bad faith on
2120	2120	2103the part of the appointing authority or an egregious or willfully repeated violation of this chapter,
2121	2121	2104unless special circumstances would render such an award in full unjust.
2122	2122	2105 (f) To recommend any proposed rule changes to the administrator it feels would be
2123	2123	2106consistent with basic merit principles outlined in this chapter and would be in the public interest.
2124	2124	2107 (g) To adopt such rules of procedure as necessary for the conduct of its proceedings. 98 of 227
2125	2125	2108 (h) To close all or a portion of a hearing or proceeding conducted by the commission
2126	2126	2109pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a
2127	2127	2110person’s health or other acutely sensitive or confidential information.
2128	2128	2111 SECTION 78K. Section 4 of said chapter 31, as so appearing, is hereby amended by
2129	2129	2112striking out, in lines 12 and 13 and 27, the words “in one or more newspapers” and inserting in
2130	2130	2113place thereof the following words:- on the websites of the administrator and the commission.
2131	2131	2114 SECTION 78L. Said section 4 of said chapter 31, as so appearing, is hereby further
2132	2132	2115amended by inserting after the word “copy”, in line 23, the following words:- or transmit the
2133	2133	2116entire revised set of rules via electronic media.
2134	2134	2117 SECTION 78M. Section 5 of said chapter 31, as so appearing, is hereby amended by
2135	2135	2118striking out, in line 30, the words “handicapped persons” and inserting in place thereof the
2136	2136	2119following words:- persons with disabilities.
2137	2137	2120 SECTION 78N. Said section 5 of said chapter 31, as so appearing, is hereby further
2138	2138	2121amended by striking out, in line 33, the word “handicapped” and inserting in place thereof the
2139	2139	2122following words:- persons with disabilities.
2140	2140	2123 SECTION 78O. Section 6 of said chapter 31, as so appearing, is hereby amended by
2141	2141	2124striking out, in lines 10 and 11, the words “twenty-six, forty, forty-seven, fifty-six, and sixty”
2142	2142	2125and inserting in place thereof the following words:- 6D, 26, 40, 47, 56 and 60.
2143	2143	2126 SECTION 78P. Section 6A of said chapter 31, as so appearing, is hereby amended by
2144	2144	2127striking out, in line 15, the word “department” and inserting in place thereof the following word:-
2145	2145	2128division. 99 of 227
2146	2146	2129 SECTION 78Q. Said chapter 31 is hereby further amended by inserting after section 6C
2147	2147	2130the following section:-
2148	2148	2131 Section 6D. Notwithstanding any general or special law to the contrary, the administrator
2149	2149	2132may approve the original appointments of a municipal appointing authority sanctioned by
2150	2150	2133sections 59A, 59B or 59C; provided, that the administrator’s role in facilitating such alternative
2151	2151	2134original appointments shall not serve as the predicate for any claim asserted against the
2152	2152	2135administrator under chapter 151B.
2153	2153	2136 SECTION 78R. Section 6D of said chapter 31, as inserted by section 78Q, is hereby
2154	2154	2137repealed.
2155	2155	2138 SECTION 78S. Section 20 of said chapter 31, as appearing in the 2022 Official Edition,
2156	2156	2139is hereby amended by striking out, in lines 5 and 6, the words “not exceeding ten dollars,”.
2157	2157	2140 SECTION 78T. Said section 20 of said chapter 31, as so appearing, is hereby further
2158	2158	2141amended by striking out the second through fourth paragraphs, inclusive.
2159	2159	2142 SECTION 78U. The fourth paragraph of section 21 of said chapter 31, as so appearing, is
2160	2160	2143hereby amended by striking out the last sentence and inserting in place thereof the following
2161	2161	2144sentence:- The administrator shall notify the Massachusetts commission against discrimination
2162	2162	2145when it issues a certification with this limitation.
2163	2163	2146 SECTION 78V. Said section 21 of said chapter 31, as so appearing, is hereby further
2164	2164	2147amended by adding the following paragraph:-
2165	2165	2148 The administrator may limit eligibility to appear on a certification for an original
2166	2166	2149appointment to persons who are fluent in a specified foreign language commonly spoken among 100 of 227
2167	2167	2150the constituency to be served if the appointing authority requests such limitation in its
2168	2168	2151requisition. For public safety departments that have entered into an agreement with the
2169	2169	2152administrator to facilitate alternative pathway appointments under section 59A, at the end of the
2170	2170	2153hiring cycle as defined by such agreement, any appointment to a municipal public safety position
2171	2171	2154that resulted in the non-selection of another candidate entitled to a preference under section 26
2172	2172	2155and such other candidate would have been appointed but for the limitation of the special
2173	2173	2156certification requiring foreign language fluency, the appointment shall be deemed by the local
2174	2174	2157appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of
2175	2175	2158foreign language fluency yielded an appointment of a candidate not entitled to any statutory
2176	2176	2159preference.
2177	2177	2160 SECTION 78W. Section 24 of said chapter 31, as so appearing, is hereby amended by
2178	2178	2161inserting after the word “questions”, in lines 3 to 4, the following words:- or training and
2179	2179	2162experience sheet.
2180	2180	2163 SECTION 78X. Said section 24 of said chapter 31, as so appearing, is hereby further
2181	2181	2164amended by striking out, in line 14, the words “, within thirty days,” and inserting in place
2182	2182	2165thereof the following words:- shall forthwith.
2183	2183	2166 SECTION 78Y. Section 25 of said chapter 31, as so appearing, is hereby amended by
2184	2184	2167striking out, in line 21, the words “last examination taken” and inserting in place thereof the
2185	2185	2168following words:- highest examination score achieved.
2186	2186	2169 SECTION 78Z. Said section 25 of said chapter 31, as so appearing, is hereby further
2187	2187	2170amended by striking out, in line 51, the words “shall nullify an appointment of such person” and
2188	2188	2171inserting in place thereof the following words:- may, in the administrator’s discretion, nullify an 101 of 227
2189	2189	2172appointment of such person; provided, however, that the name of a person who has been certified
2190	2190	2173to an appointing authority for an entry-level position and who is under consideration for
2191	2191	2174appointment shall remain in effect until the hiring process is completed by the appointing
2192	2192	2175authority and any notice of appointment submitted to the administrator.
2193	2193	2176 SECTION 78AA. Section 27 of said chapter 31, as so appearing, is hereby amended by
2194	2194	2177inserting after the word “accept”, in line 3, the following words:- a promotional.
2195	2195	2178 SECTION 78BB. Said section 27 of said chapter 31, as so appearing, is hereby further
2196	2196	2179amended by striking out, in line 5, the word “If” and inserting in place there of the following
2197	2197	2180words:- In the case of either an original or promotional vacancy, if.
2198	2198	2181 SECTION 78CC. The first paragraph of said section 27 of said chapter 31, as so
2199	2199	2182appearing, is hereby further amended by adding the following sentence:- If the administrator or
2200	2200	2183an appointing authority delegated by the administrator, applying the formula for original
2201	2201	2184appointments set out in the rules of the administrator, certifies from an eligible list the names of
2202	2202	2185persons who are qualified and willing to accept an original appointment, the appointing
2203	2203	2186authority, pursuant to the civil service law and rules, may appoint only from among such
2204	2204	2187persons; provided, however, that for each such person, if any, who is bypassed or rejected as not
2205	2205	2188being in compliance with applicable entrance requirements or who withdraws from the
2206	2206	2189application process, the appointing authority may appoint from among a group that includes the
2207	2207	2190next highest-ranked person on the certification; and provided further, that the administrator or an
2208	2208	2191appointing authority delegated by the administrator shall not include the name of any person who
2209	2209	2192has been so bypassed or rejected on any future certification from the same original appointment
2210	2210	2193eligible list unless directed to do so by the commission. 102 of 227
2211	2211	2194 SECTION 78DD. Said section 27 of said chapter 31, as so appearing, is hereby further
2212	2212	2195amended by striking out the second paragraph and inserting in place thereof the following
2213	2213	2196paragraph:-
2214	2214	2197 If an appointing authority makes an original or promotional appointment from a
2215	2215	2198certification of any qualified person other than the qualified person whose name appears highest,
2216	2216	2199and the person whose name ranks highest on the certification is willing to accept such
2217	2217	2200appointment, the appointing authority shall immediately provide to the person who ranked
2218	2218	2201highest a written statement of the reasons for appointing the person whose name was not highest
2219	2219	2202and such appointment shall be effective only when such statement of reasons has been provided.
2220	2220	2203This written statement shall notify the bypassed individual of their right to appeal to the
2221	2221	2204commission, should the reasons proffered not be deemed by the individual sound and sufficient,
2222	2222	2205within 60 days of issuance of the statement of reasons. In response to a public records request,
2223	2223	2206the appointing authority shall make a copy of such statement available for inspection.
2224	2224	2207 SECTION 78EE. Section 33 of said chapter 31, as so appearing, is hereby amended by
2225	2225	2208striking out, in lines 5 to 6, the word “department” and inserting in place thereof the following
2226	2226	2209word:- departmental.
2227	2227	2210 SECTION 78FF. Section 41A of said chapter 31, as so appearing, is hereby amended by
2228	2228	2211striking out, in line 4, the word “chairman” and inserting in place thereof the following word:-
2229	2229	2212chair.
2230	2230	2213 SECTION 78GG. The first paragraph of section 42 of said chapter 31, as so appearing, is
2231	2231	2214hereby further amended by striking out the third sentence and inserting in place thereof the
2232	2232	2215following sentence:- If the commission finds that the appointing authority has failed to follow 103 of 227
2233	2233	2216said requirements and that the rights of said person have been prejudiced thereby, the
2234	2234	2217commission may order the appointing authority to restore said person to employment
2235	2235	2218immediately with or without loss of compensation or other rights.
2236	2236	2219 SECTION 78HH. The first paragraph of section 43 of said chapter 31, as so appearing, is
2237	2237	2220hereby amended by striking out the first 2 sentences and inserting in place thereof the following
2238	2238	22212 sentences:- If a person aggrieved by a decision of an appointing authority made pursuant to
2239	2239	2222section 41 shall, within 10 days after receiving written notice of such decision, appeal in writing
2240	2240	2223to the commission, they shall be given a preliminary hearing before a member of the commission
2241	2241	2224or some other disinterested person designated by the chair of the commission. The preliminary
2242	2242	2225hearing shall occur within 60 days after docketing the appeal and, if required, a full evidentiary
2243	2243	2226hearing shall commence within 180 days after docketing the appeal, unless the parties otherwise
2244	2244	2227agree or unless a commission member determines, as a matter of discretion, that a continuance is
2245	2245	2228necessary.
2246	2246	2229 SECTION 78II. The second paragraph of said section 43 of said chapter 31 is hereby
2247	2247	2230amended by striking out the first sentence and inserting in place thereof the following sentence:-
2248	2248	2231If the commission by a preponderance of the evidence determines that there was just cause for an
2249	2249	2232action taken against such person, it shall affirm the action of the appointing authority and deny
2250	2250	2233the appeal; provided, however, that if the commission does not so determine, it shall reverse the
2251	2251	2234action and allow the appeal, in whole or in part, and the person concerned may be returned to
2252	2252	2235their position with or without loss of compensation or other benefits and subject to such other
2253	2253	2236orders as the commission may deem appropriate to restore and protect the rights provided to such
2254	2254	2237person under this chapter; provided, further, that if the preponderance of the evidence establishes
2255	2255	2238that the action was based upon harmful error in the application of the appointing authority’s 104 of 227
2256	2256	2239procedure, an error of law or upon any factor or conduct on the part of the employee not
2257	2257	2240reasonably related to the fitness of the employee to perform in the position, the commission shall
2258	2258	2241allow the appeal, in whole or in part, and the person concerned may be returned to their position
2259	2259	2242with or without loss of compensation or other benefits.
2260	2260	2243 SECTION 78JJ. Section 45 of said chapter 31, as so appearing, is hereby amended by
2261	2261	2244striking out the first paragraph and inserting in place thereof the following paragraph:-
2262	2262	2245 Each aggrieved individual who has prevailed in any appeal brought under this chapter
2263	2263	2246shall be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a
2264	2264	2247state official, by the comptroller of the commonwealth, the following expenditures: (i) the filing
2265	2265	2248fee paid to the commission; (ii) an amount not to exceed $1,500 for attorneys’ fees actually
2266	2266	2249incurred in conjunction with each of the following: (A) an appointing authority hearing; (B) a
2267	2267	2250hearing before the commission; and (C) an action for judicial review pursuant to section 44; and
2268	2268	2251(iii) an amount not to exceed $500 for summons to witnesses and any other expenses actually
2269	2269	2252incurred in such successful appeal. In addition to the amounts stated above, the commission may
2270	2270	2253award such additional reasonable attorneys’ fees and costs up to $25,000 to an appellant who
2271	2271	2254prevails in an appeal brought under this chapter, upon an express finding of either bad faith on
2272	2272	2255the part of the appointing authority or an egregious or willfully repeated violation of this chapter,
2273	2273	2256unless special circumstances would render such additional award unjust.
2274	2274	2257 SECTION 78KK. Section 47A of said chapter 31, as so appearing, is hereby amended by
2275	2275	2258striking out, in line 50, the word “handicapped” and inserting in place thereof the following
2276	2276	2259word:- disabled. 105 of 227
2277	2277	2260 SECTION 78LL. Section 48 of said chapter 31, as so appearing, is hereby amended by
2278	2278	2261striking out, in line 38, the word “selectmen” and inserting in place thereof the following words:-
2279	2279	2262select boards.
2280	2280	2263 SECTION 78MM. Said section 48 of said chapter 31, as so appearing, is hereby further
2281	2281	2264amended by striking out, in line 74, the word “men” and inserting in place thereof the following
2282	2282	2265word:- persons.
2283	2283	2266 SECTION 78NN. Section 53 of said chapter 31, as so appearing, is hereby amended by
2284	2284	2267striking out, in line 17, the words “board of selectmen” and inserting in place thereof the
2285	2285	2268following words:- select board.
2286	2286	2269 SECTION 78OO. Section 58 of said chapter 31, as so appearing, is hereby amended by
2287	2287	2270striking out the third paragraph and inserting in place thereof the following 3 paragraphs:-
2288	2288	2271 No applicant for examination for original appointment to the police force or fire force of
2289	2289	2272a city or town shall be required, by rule or otherwise, to be a resident of such city or town at the
2290	2290	2273time of filing an application for examination. If any person who has resided in a city or town for
2291	2291	22741 year immediately prior to the date of examination for original appointment to the police force
2292	2292	2275or fire force of the city or town has the same standing on the eligible list established as the result
2293	2293	2276of the examination as another person who has not resided in the city or town, the administrator,
2294	2294	2277when certifying names to the appointing authority for the police force or the fire force of the city
2295	2295	2278or town, shall place the name of the person who has so resided ahead of the name of the person
2296	2296	2279who has not so resided; provided, that upon written request of the appointing authority to the
2297	2297	2280administrator, the administrator shall, when certifying names from the eligible list for original
2298	2298	2281appointment to the police force or fire force of a city or town, place the names of all persons who 106 of 227
2299	2299	2282have resided in the city or town for 1 year immediately prior to the date of examination ahead of
2300	2300	2283the name of any person who has not so resided; provided further, that any applicant who earned a
2301	2301	2284high school diploma from a public school located within the geographical confines of the city or
2302	2302	2285town or so resided in the city or town when they received their public high school diploma shall
2303	2303	2286have the same claim to preferential placement on the certification as those persons who have
2304	2304	2287resided in the city or town for 1 year immediately prior to the date of examination.
2305	2305	2288 In the case of a municipality, with a population of less than 75,000 inhabitants, seeking to
2306	2306	2289draw from a regional pool of candidates, the administrator may, upon written request of the
2307	2307	2290hiring authority, when certifying names from the eligible list for original appointment, place the
2308	2308	2291names of all persons who have resided in another municipality within 10 miles of the perimeter
2309	2309	2292of the requisitioning municipality ahead of the name of any person who has not so resided in or
2310	2310	2293adjacent to the requisitioning municipality. In the case of a municipality with a population of
2311	2311	2294greater than 75,000 inhabitants, a public safety department appointing authority from that city
2312	2312	2295and its counterpart from any other municipality may jointly petition the administrator to include
2313	2313	2296on the portion of the eligible list of individuals seeking original appointment that are preferred on
2314	2314	2297the basis of residency the names of candidates residing in those specifically-identified
2315	2315	2298municipalities if the city appointing authority is so authorized to petition for expansion of the
2316	2316	2299residency preference by a vote of the legislative body of the hiring municipality. Whenever the
2317	2317	2300residency preference to be applied to eligible lists extends beyond the perimeter of the
2318	2318	2301requisitioning municipality, the administrator shall specify the contours of the preference-eligible
2319	2319	2302geographical zone on the administrator’s website. Thereafter, upon written request of the
2320	2320	2303appointing authority to the administrator, the administrator shall, when certifying names from an
2321	2321	2304eligible list for original appointment to the police or fire force of the municipality, place the 107 of 227
2322	2322	2305names of all persons who satisfy the published criteria for residency preference ahead of the
2323	2323	2306name of any person who does not satisfy the criteria.
2324	2324	2307 Notwithstanding the provisions of any general or special law to the contrary, any person
2325	2325	2308who receives an appointment to the police force or fire force of a city or town shall within 9
2326	2326	2309months after appointment establish residence within such city or town or at any other place in the
2327	2327	2310commonwealth that is within 10 miles of the perimeter of such city or town; provided, however,
2328	2328	2311that a city or town may increase the 10-mile residency limit under a collective bargaining
2329	2329	2312agreement negotiated under chapter 150E.
2330	2330	2313 SECTION 78PP. Section 59 of said chapter 31, as so appearing, is hereby amended by
2331	2331	2314striking out, in lines 6 to 7, the words “sixty and by sections thirty-six and thirty-six A of chapter
2332	2332	2315forty-eight” and inserting in place thereof the following words:- 59A, 60 and by sections 36 and
2333	2333	231636A of chapter 48.
2334	2334	2317 SECTION 78QQ. Said section 59 of said chapter 31, as so appearing, is hereby further
2335	2335	2318amended by striking out, in lines 12 and 14, the word “four”, both times it appears, and inserting
2336	2336	2319in place thereof, in each instance, the following figure:- 2.
2337	2337	2320 SECTION 78RR. Said section 59 of said chapter 31, as so appearing, is hereby further
2338	2338	2321amended by striking out, in line 18, the words “one year after certification” and inserting in place
2339	2339	2322thereof the following words:- 1 year after appointment and performance of the job duties.
2340	2340	2323 SECTION 78SS. Said chapter 31 is hereby further amended by inserting after section 59
2341	2341	2324the following 4 sections:- 108 of 227
2342	2342	2325 Section 59A. (a) Notwithstanding the provisions of any general or special law to the
2343	2343	2326contrary, the administrator may authorize an appointing authority to create its own registers of
2344	2344	2327entry-level municipal police and firefighter candidates after the appointing authority has entered
2345	2345	2328into a written agreement with the administrator to adhere in the hiring process to basic merit
2346	2346	2329principles and to commit to recruiting and considering candidates of diverse backgrounds, and
2347	2347	2330upon submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the
2348	2348	2331administrator.
2349	2349	2332 (b) An appointing authority that has entered into a written agreement with the
2350	2350	2333administrator pursuant to subsection (a) may designate candidates to appear on a local public
2351	2351	2334safety register from which candidates may be considered for original appointment to permanent
2352	2352	2335police officer or firefighter. Sections 26 and 27 shall not apply to candidates designated by the
2353	2353	2336appointing authority to be considered from the local public safety register.
2354	2354	2337 (c) A candidate may be appointed as a permanent police officer from a local public safety
2355	2355	2338register without having first passed the entry examination required by section 6 if they meet the
2356	2356	2339minimum educational attainment and age requirements for appointment set forth in the second
2357	2357	2340paragraph of section 58 and the health and physical fitness standards set forth in section 61A,
2358	2358	2341and also satisfy 1 of the following conditions: (i) future successful completion of a prescribed
2359	2359	2342course of study at a police academy approved by the municipal police training committee
2360	2360	2343pursuant to section 96B of chapter 41; (ii) receipt of a passing mark, within the past 5 years, on:
2361	2361	2344(A) a civil service examination for police officer administered by the administrator; (B) a
2362	2362	2345qualifying examination administered by the appointing authority that has been validated by a
2363	2363	2346test-development expert and that tests the knowledge, skills and abilities to perform the primary
2364	2364	2347or dominant duties of the position; or (C) any other examination approved by the administrator in 109 of 227
2365	2365	2348consultation with individuals deemed to be subject matter experts in the policing profession; (iii)
2366	2366	2349current service in the commonwealth as a salaried police officer certified by the peace officer
2367	2367	2350standards and training commission; (iv) graduation within the past 5 years from a police
2368	2368	2351academy approved by the municipal police training committee; or (v) receipt of a waiver from
2369	2369	2352the municipal police training committee excusing the named candidate from further academy
2370	2370	2353training.
2371	2371	2354 (d) No individual appointed as a police officer may perform the duties of a sworn police
2372	2372	2355officer prior to completion of the prescribed course of study approved by the Massachusetts
2373	2373	2356police training committee pursuant to section 96B of chapter 41 or receipt of a waiver of such
2374	2374	2357training requirement from the committee.
2375	2375	2358 (e) A candidate may be appointed from a local public safety register as a permanent
2376	2376	2359firefighter without having first passed the entry examination required by section 6 if they meet
2377	2377	2360the minimum educational attainment and age requirements for appointment set forth in the
2378	2378	2361second paragraph of section 58 and the health and physical fitness standards set forth in section
2379	2379	236261A, and satisfy 1 of the following conditions: (i) prior or proximately anticipated graduation
2380	2380	2363from a fire academy, or anticipated completion within the next 12 months of another prescribed
2381	2381	2364course of study culminating in certification, approved by the Massachusetts fire training council
2382	2382	2365pursuant to section 165 of chapter 6; (ii) receipt of a passing mark, within the past 5 years, on:
2383	2383	2366(A) a civil service examination for firefighter administered by the administrator; (B) a qualifying
2384	2384	2367examination administered by the appointing authority that has been validated by a test-
2385	2385	2368development expert and that tests the knowledge, skills and abilities to perform the primary or
2386	2386	2369dominant duties of the position; or (C) any other examination approved by the administrator in
2387	2387	2370consultation with individuals deemed to be subject matter experts in the firefighting profession; 110 of 227
2388	2388	2371or (iii) current service, for a minimum of 6 months, in the commonwealth as a salaried
2389	2389	2372firefighter; or (iv) past service as a salaried firefighter in another jurisdiction together with
2390	2390	2373certification acceptable to the Massachusetts fire training council.
2391	2391	2374 (f) In all cases, whether involving either police or fire position candidacies under this
2392	2392	2375section, no appointment shall be deemed effective for civil service purposes until notification of
2393	2393	2376same to the administrator in a manner prescribed by the administrator. Nothing in this section
2394	2394	2377regarding the appointment of candidates from a local public safety register shall be construed to
2395	2395	2378apply to any municipal public safety personnel ranked above the entry-level position of police
2396	2396	2379officer or firefighter.
2397	2397	2380 (g) Upon investigation and substantiation by the commission of allegations that an
2398	2398	2381appointing authority has violated material terms of the written agreement entered into with the
2399	2399	2382administrator, the commission, in consultation with the administrator, may order modifications,
2400	2400	2383suspension or termination of the agreement.
2401	2401	2384 Section 59B. (a) Notwithstanding any general or special law to the contrary, the
2402	2402	2385administrator may authorize an appointing authority to establish an entry-level police cadet
2403	2403	2386program leading to civil service tenure. The cadet program shall be established by the appointing
2404	2404	2387authority, in accordance with basic merit principles and section 21A of chapter 147, except that a
2405	2405	2388person appointed as a police cadet shall not be required to reside in the municipality making the
2406	2406	2389appointment and may be of any age once the person’s eighteenth birthday has transpired. Cadet
2407	2407	2390program requirements shall be approved by both the administrator and an authorized designee of
2408	2408	2391the municipal police training committee established in section 116 of chapter 6. A cadet shall not
2409	2409	2392be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction 111 of 227
2410	2410	2393be made from their compensation for the purpose thereof, but a cadet who satisfies all
2411	2411	2394prerequisites for appointment to the police force of such city or town, and is appointed a
2412	2412	2395permanent full-time police officer, shall have their police cadet service considered as creditable
2413	2413	2396service for purposes of retirement, provided the person pays into the annuity savings fund of the
2414	2414	2397retirement system such amount as the retirement board determines equal to that which they
2415	2415	2398would have paid had they been a member of the retirement system during the period of training
2416	2416	2399as a police cadet.
2417	2417	2400 (b) A cadet may be appointed to fill a vacancy in a position in the lowest grade of a
2418	2418	2401municipal police force through a cadet appointment without certification from an eligible list. In
2419	2419	2402order to maintain cadet-appointment status, the cadet shall pass a qualifying exam and be a
2420	2420	2403member in good standing in the appointing authority-sponsored cadet program for a time period
2421	2421	2404specified by the administrator but not less than 12 months. Upon successful completion of the
2422	2422	2405cadet program and contingent upon graduation from a police academy approved by the
2423	2423	2406municipal police training committee, the appointing authority may effectuate a civil service
2424	2424	2407appointment of the cadet to the permanent police force via notification to the administrator. The
2425	2425	2408appointee shall then serve the probationary period specified in section 61 before gaining tenure
2426	2426	2409status. The appointing authority shall report in writing to the administrator any such permanent
2427	2427	2410original appointment.
2428	2428	2411 Section 59C. (a) Notwithstanding any general or special law to the contrary, any person
2429	2429	2412who has completed not less than 24 months of service as a fire cadet may, subject to a program
2430	2430	2413established by the head of the fire department as defined in section 1 of chapter 148, on behalf of
2431	2431	2414a municipality accepting of the provisions of this chapter, which program has been approved by
2432	2432	2415both the administrator and the Massachusetts fire training council established in section 164 of 112 of 227
2433	2433	2416chapter 6, be appointed to fill a vacancy in a position in the lowest grade in the civil service fire
2434	2434	2417force of the city or town without certification from an eligible list prepared under this chapter;
2435	2435	2418provided, however, that such person shall be on a fire entrance eligible list prepared under this
2436	2436	2419chapter or shall have passed another qualifying examination approved by the administrator.
2437	2437	2420 (b) Any change in working conditions for incumbent firefighters directly precipitated by
2438	2438	2421the employment of fire cadets shall trigger the bargaining obligations set forth in section 6 of
2439	2439	2422chapter 150E. A cadet shall not be subject to or entitled to the benefits of any retirement or
2440	2440	2423pension law nor shall any deduction be made from their compensation for the purpose thereof;
2441	2441	2424provided, however, that a cadet who satisfies all prerequisites for appointment to the firefighting
2442	2442	2425force of such city or town, and is appointed a permanent full-time firefighter, shall have their fire
2443	2443	2426cadet service considered as creditable service for purposes of retirement; provided further, that
2444	2444	2427the cadet pays into the annuity savings fund of the retirement system such amount as the
2445	2445	2428retirement board determines equal to that which they would have paid had they been a member
2446	2446	2429of the retirement system during the period of training as a fire cadet.
2447	2447	2430 Section 59D. The percentage of candidates appointed to a permanent position from a
2448	2448	2431local public safety service register or a cadet program, pursuant to sections 59A through 59C,
2449	2449	2432inclusive, shall not exceed, in the aggregate, more than 50 per cent of the appointing authority’s
2450	2450	2433overall appointments to the entry-level police and firefighter ranks during the time period
2451	2451	2434established by the written agreement consummated between the administrator and the appointing
2452	2452	2435authority that authorizes the alternative appointment methodologies permitted by this chapter.
2453	2453	2436 SECTION 78TT. Sections 59A, 59C and 59D of chapter 31 of the General Laws, inserted
2454	2454	2437by section 78SS, are hereby repealed. 113 of 227
2455	2455	2438 SECTION 78UU. Section 60A of said chapter 31, as appearing in the 2022 Official
2456	2456	2439Edition, is hereby amended by striking out, in line 4, the word “selectmen” and inserting in place
2457	2457	2440thereof the following words:- select board.
2458	2458	2441 SECTION 78VV. Section 61 of said chapter 31, as so appearing, is hereby amended by
2459	2459	2442adding the following sentence:- Unless otherwise provided by civil service rule, and with
2460	2460	2443appropriate adjustments to the timing of performance evaluations called for therein, the second
2461	2461	2444paragraph of section 34 shall apply to persons covered by this section.
2462	2462	2445 SECTION 78WW. Section 63 of said chapter 31, as so appearing, is hereby amended by
2463	2463	2446striking out, in line 25, the word “handicapping” and inserting in place thereof the following
2464	2464	2447word:- disabling.
2465	2465	2448 SECTION 78XX. Section 65 of said chapter 31, as so appearing, is hereby amended by
2466	2466	2449striking out, in lines 8 and 10, the word “four”, both times it appears, and inserting in place
2467	2467	2450thereof, in each instance, the following figure:- 2.
2468	2468	2451 SECTION 78YY. Said section 65 of said chapter 31, as so appearing, is hereby further
2469	2469	2452amended by adding the following paragraph:-
2470	2470	2453 Unless otherwise provided by civil service rule, and with appropriate adjustments to the
2471	2471	2454timing of performance evaluations called for therein, the second paragraph of section 34 shall
2472	2472	2455apply to persons covered by this section.
2473	2473	2456 SECTION 78ZZ. Section 67 of said chapter 31, as so appearing, is hereby amended by
2474	2474	2457striking out, in lines 6 to 7, the words “and the seniority of such employee as determined
2475	2475	2458pursuant to section thirty-three” and inserting in place thereof the following words:- , the 114 of 227
2476	2476	2459seniority of such employee as determined pursuant to section 33 and available demographic data,
2477	2477	2460in aggregate form, regarding the complement of civil service employees in each department.
2478	2478	2461 SECTION 78AAA. Said section 67 of said chapter 31, as so appearing, is hereby further
2479	2479	2462amended by inserting after the word “the”, in line 21, the following words:- commission or the.
2480	2480	2463 SECTION 78BBB. Said section 67 of said chapter 31, as so appearing, is hereby further
2481	2481	2464amended by striking out, in lines 23 to 24, the words “one hundred dollars” and inserting in place
2482	2482	2465thereof the following figure:- $500.
2483	2483	2466 SECTION 78CCC. The second paragraph of section 72 of said chapter 31, as so
2484	2484	2467appearing, is hereby amended by striking out the third sentence and inserting in place thereof the
2485	2485	2468following sentence:- After conducting an inquiry pursuant to this paragraph, the commission or
2486	2486	2469administrator may recommend to or order the appointing authority that such employee be
2487	2487	2470removed or may make other appropriate recommendations or orders.
2488	2488	2471 SECTION 78DDD. Said section 72 of said chapter 31, as so appearing, is hereby further
2489	2489	2472amended by inserting after the word “witnesses”, in line 18, the following words:- , demand to
2490	2490	2473inspect documents.
2491	2491	2474 SECTION 78EEE. Section 73 of said chapter 31, as so appearing, is hereby amended by
2492	2492	2475inserting after the word “of”, in line 1, the following words:- the commission or the.
2493	2493	2476 SECTION 78FFF. Section 74 of said chapter 31 is hereby amended by striking out the
2494	2494	2477third and fourth paragraphs and inserting in place thereof the following 2 paragraphs:- 115 of 227
2495	2495	2478 No person making an appointment to any civil service position shall receive or consider a
2496	2496	2479recommendation of an applicant for such appointment given by any member of the general court,
2497	2497	2480board of alders or city council, except as to the character or residence of the applicant.
2498	2498	2481 Any person who has been elected to public office by popular vote or by the board of
2499	2499	2482alders or city council of a city or the select board of a town shall not be eligible to be designated
2500	2500	2483as a representative of civil service.
2501	2501	2484 SECTION 78GGG. Said chapter 31 is hereby further amended by striking out section 75
2502	2502	2485and inserting in place thereof the following section:-
2503	2503	2486 Section 75. No person shall deny or interfere with the right of civil service employees
2504	2504	2487employed by any city or town to petition, individually or collectively, the city or town
2505	2505	2488government or any member thereof, to furnish information to the mayor, city or town manager,
2506	2506	2489city council, board of alders or select board or to appear before any committee of such council or
2507	2507	2490boards, or deny or interfere with the right of any civil service employees to petition, individually
2508	2508	2491or collectively, the general court or any member thereof, to furnish information to either branch
2509	2509	2492of the general court, or to appear before any of its committees, or to furnish information to, or
2510	2510	2493cooperate with, law enforcement authorities. This section shall not be construed to authorize an
2511	2511	2494employee who is not on leave to be absent from employment without permission during regular
2512	2512	2495working hours.
2513	2513	2496 SECTION 78HHH. Section 77 of said chapter 31, as appearing in the 2022 Official
2514	2514	2497Edition, is hereby amended by inserting after the word “The”, in line 1, the following words:-
2515	2515	2498commission or the. 116 of 227
2516	2516	2499 SECTION 78III. Said chapter 31 is hereby further amended by adding the following
2517	2517	2500section:-
2518	2518	2501 Section 78. (a) There shall be a permanent commission on recruitment, hiring and
2519	2519	2502retention of municipal police officers and firefighters in the commonwealth to be co-chaired by 1
2520	2520	2503member appointed by the speaker of the house of representatives, 1 member appointed by the
2521	2521	2504president of the senate and 1 member appointed by the governor; and consisting of the following
2522	2522	2505members or their designees: the chairs of the joint committee on public service and the chairs of
2523	2523	2506the joint committee on public safety and homeland security, who may serve as vice chairs of the
2524	2524	2507commission; the secretary of administration and finance; the chief human resources officer for
2525	2525	2508the commonwealth; the chair of the civil service commission; the attorney general; the secretary
2526	2526	2509of public safety and security; the chair of the Massachusetts peace officer standards and training
2527	2527	2510commission; the executive director of the municipal police training committee; the president of
2528	2528	2511the Massachusetts Chiefs of Police Association; the president of the Massachusetts major city
2529	2529	2512chiefs of police; the chair of the Massachusetts Law Enforcement Policy Group, Inc.; a
2530	2530	2513representative of police officers selected by the co-chairs from candidates recommended from a
2531	2531	2514major federation of police officer unions in the commonwealth; a member of a correctional
2532	2532	2515officers’ union; the president of the Massachusetts Association of Minority Law Enforcement
2533	2533	2516Officers, Inc.; the president of the Massachusetts Association of Women in Law Enforcement,
2534	2534	2517Inc.; the chair of the Massachusetts fire training council; the state fire marshal; the president of
2535	2535	2518the Fire Chiefs’ Association of Massachusetts, Inc.; the president of the professional firefighters
2536	2536	2519association of Massachusetts; the secretary of veterans affairs; the president of the Massachusetts
2537	2537	2520veteran service agents; the commander of the disabled veterans of Massachusetts; the executive
2538	2538	2521director of the Massachusetts Municipal Association, Inc.; the president of the Massachusetts 117 of 227
2539	2539	2522Mayors’ Association, Inc.; the chair of the Massachusetts municipal human resources
2540	2540	2523association; the executive director of the Massachusetts chapter of the ACLU; the president of
2541	2541	2524the Boston chapter of the NAACP’s New England conference; and the chair of the
2542	2542	2525Massachusetts commission against discrimination.
2543	2543	2526 (b) The co-chairs may appoint a steering committee and subcommittees to carry out the
2544	2544	2527mandate of the commission. Members of the commission shall be subject to chapter 268A as it
2545	2545	2528applies to special state employees and shall receive no compensation for their services.
2546	2546	2529 (c) The commission shall be a resource to the commonwealth and municipalities on
2547	2547	2530issues related to the recruitment, hiring and retention of highly qualified candidates of diverse
2548	2548	2531backgrounds for municipal police officer and firefighter positions across Massachusetts. In
2549	2549	2532support of this objective, the commission may: (i) obtain, interpret, and apply current research
2550	2550	2533and evaluation data, including information reported pursuant to section 67, to program initiatives
2551	2551	2534and policy development and identify and advocate for solutions to address gaps in strategies for
2552	2552	2535employment of highly qualified and diverse municipal public safety personnel; and (ii)
2553	2553	2536recommend measures to increase, where appropriate, representation within municipal public
2554	2554	2537safety departments of historically under-represented populations, including females and persons
2555	2555	2538of color, and monitor the compliance by municipal public safety departments with any
2556	2556	2539commitments they may have entered into to diversify their workforces.
2557	2557	2540 (d) The commission may examine and evaluate the implementation of all reforms related
2558	2558	2541to the recruitment, hiring and retention of municipal police officers and firefighters in the
2559	2559	2542commonwealth made by the special legislative commission to study and examine the civil
2560	2560	2543service law, personnel administration rules, hiring procedures and by-laws for municipalities not 118 of 227
2561	2561	2544subject to the civil service law and state police hiring practices, established in section 107 of
2562	2562	2545chapter 253 of the acts of 2020, by: (i) studying, reviewing and reporting on: (A) the hiring
2563	2563	2546outcomes of any civil service appointments facilitated by sections 59A through 59C, inclusive;
2564	2564	2547(B) the hiring outcomes of reforms made to civil service residency preference provisions of
2565	2565	2548section 58; and (C) the hiring outcomes of any other civil service reforms implemented,
2566	2566	2549including, but not limited to, the increased frequency of civil service examinations and the
2567	2567	2550lowering of examination fees; and (ii) making recommendations: (A) to ensure that adopted
2568	2568	2551reforms are being implemented consistent with the intent of the special legislative commission;
2569	2569	2552and (B) for further legislation in furtherance of the commission’s mandate.
2570	2570	2553 (e) The commission may examine and evaluate all aspects of the recruitment, hiring and
2571	2571	2554retention of municipal police officers and firefighters in all municipalities in the commonwealth
2572	2572	2555and make pertinent recommendations to agencies and officers of the commonwealth and local
2573	2573	2556subdivisions of government not governed by this chapter that advance basic merit principles in
2574	2574	2557the recruitment, hiring and retention of highly qualified police officers and firefighters of diverse
2575	2575	2558backgrounds across the commonwealth.
2576	2576	2559 (f) The commission may obtain from all state agencies and municipalities such
2577	2577	2560information and assistance as the commission may require.
2578	2578	2561 (g) Not later than July 1 of each year, the commission shall submit an annual report on its
2579	2579	2562activities and findings, including any recommendations, to the governor, the clerks of the house
2580	2580	2563of representatives and the senate, the joint committee on public service and the joint committee
2581	2581	2564on public safety and homeland security. 119 of 227
2582	2582	2565 SECTION 79. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby
2583	2583	2566amended by striking out, in lines 5 and 6, the words “and pursuant to regulations issued by the
2584	2584	2567economic assistance coordinating council established under section 3B of chapter 23A,”.
2585	2585	2568 SECTION 80. Said section 59 of said chapter 40, as so appearing, is hereby further
2586	2586	2569amended by striking out clause (i) and inserting in place thereof the following clause:- (i)
2587	2587	2570includes a description of the parcels to be included in the agreement;.
2588	2588	2571 SECTION 81. Said section 59 of said chapter 40, as so appearing, is hereby further
2589	2589	2572amended by striking out, in line 30, the words “within such TIF area”.
2590	2590	2573 SECTION 82. Said section 59 of said chapter 40, as so appearing, is hereby further
2591	2591	2574amended by striking out, in lines 32 to 33, the words “as required by said regulations”.
2592	2592	2575 SECTION 83. Said section 59 of said chapter 40, as so appearing, is hereby further
2593	2593	2576amended by striking out clause (vii).
2594	2594	2577 SECTION 84. Said section 59 of said chapter 40, as so appearing, is hereby further
2595	2595	2578amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following
2596	2596	2579figure:- (vii).
2597	2597	2580 SECTION 85. Said section 59 of said chapter 40, as so appearing, is hereby further
2598	2598	2581amended by striking out, in lines 91 to 92, the words “and the economic assistance coordinating
2599	2599	2582council”.
2600	2600	2583 SECTION 86. Section 6 of chapter 40A of the General Laws, as so appearing, is hereby
2601	2601	2584amended by striking out the second paragraph and inserting in place thereof the following
2602	2602	2585paragraph:- 120 of 227
2603	2603	2586 A zoning ordinance or by-law shall provide that construction or operations under a
2604	2604	2587building permit shall conform to any subsequent amendment of the ordinance or by-law unless
2605	2605	2588the use or construction is commenced within a period of not more than 12 months after the
2606	2606	2589issuance of the permit and, in cases involving construction, unless such construction is continued
2607	2607	2590through to completion as continuously and expeditiously as is reasonable. Construction or
2608	2608	2591operations under a special permit issued pursuant to section 9 or site plan approval pursuant to
2609	2609	2592the local ordinance or by-law shall conform to any subsequent amendment of the zoning
2610	2610	2593ordinance or by-law or of any other local land use regulations unless the use or construction is
2611	2611	2594commenced within a period of 3 years after the issuance of the special permit or site plan
2612	2612	2595approval and, in cases involving construction, unless such construction is continued through to
2613	2613	2596completion as continuously and expeditiously as is reasonable. For the purpose of the prior
2614	2614	2597sentence, construction involving the redevelopment of previously disturbed land shall be deemed
2615	2615	2598to have commenced upon substantial investment in site preparation or infrastructure
2616	2616	2599construction, and construction of developments intended to proceed in phases shall proceed
2617	2617	2600expeditiously, but not continuously, among phases.
2618	2618	2601 SECTION 87. Subsection (a) of section 4G of chapter 40J of the General Laws, as so
2619	2619	2602appearing, is hereby amended by inserting after the word “granted”, in line 21, the following
2620	2620	2603words:- ; provided, however, that the University of Massachusetts may leverage funding sourced
2621	2621	2604from an agency to meet the match requirement.
2622	2622	2605 SECTION 88. Subsection (c) of said section 4G of said chapter 40J, as so appearing, is
2623	2623	2606hereby amended by inserting after the word “blockchain”, in line 61, the following words:- , non-
2624	2624	2607therapeutic biomanufacturing. 121 of 227
2625	2625	2608 SECTION 89. Subsection (c) of section 6B of said chapter 40J, as most recently amended
2626	2626	2609by section 179 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last
2627	2627	2610sentence.
2628	2628	2611 SECTION 90. Section 2 of chapter 43D of the General Laws, as appearing in the 2022
2629	2629	2612Official Edition, is hereby amended by striking out the definition of “Interagency permitting
2630	2630	2613board”.
2631	2631	2614 SECTION 91. Said section 2 of said chapter 43D, as so appearing, is hereby further
2632	2632	2615amended by striking out the definition of “Priority development site” and inserting in place
2633	2633	2616thereof the following 2 definitions:-
2634	2634	2617 “Permit regulatory office”, the office within the executive office of economic
2635	2635	2618development established pursuant to section 3H of chapter 23A.
2636	2636	2619 “Priority development site”, a privately or publicly owned property that is: (i) eligible
2637	2637	2620under applicable zoning provisions, including special permits or other discretionary permits, for
2638	2638	2621the development or redevelopment of a building at least 50,000 square feet of gross floor area in
2639	2639	2622new or existing buildings or structures; and (ii) designated as a priority development site by the
2640	2640	2623permit regulatory office. Several parcels or projects may be included within a single priority
2641	2641	2624development site.
2642	2642	2625 SECTION 92. Said chapter 43D is hereby further amended by striking out section 3 and
2643	2643	2626inserting in place thereof the following section:-
2644	2644	2627 Section 3. (a) A governing body seeking designation of a priority development site shall
2645	2645	2628file a formal proposal with the permit regulatory office. If the proposal includes an intention to 122 of 227
2646	2646	2629develop housing within the priority development site, the governing body shall provide a copy of
2647	2647	2630the proposal to the secretary of housing and livable communities. The proposal shall include: (i)
2648	2648	2631a detailed description of the property; (ii) a good faith commitment to comply with this chapter;
2649	2649	2632(iii) a description of the uses that could be developed within the priority development site; and
2650	2650	2633(iv) such other information as the secretary shall require by regulation or program guidelines,
2651	2651	2634after consultation with the secretary of energy and environmental affairs, the secretary of housing
2652	2652	2635and livable communities and the secretary of transportation.
2653	2653	2636 (b) The secretary shall by regulation or program guidelines establish criteria for
2654	2654	2637designating priority development sites. These criteria shall include a preference for areas that
2655	2655	2638include 1 or more of the following: (i) underutilized buildings or facilities; (ii) adequate utilities
2656	2656	2639for the types of development anticipated to occur; (iii) convenient access to a public transit
2657	2657	2640station; or (iv) areas in which electric grid capacity can satisfy new all electric buildings. Priority
2658	2658	2641development sites shall not include areas containing highly sensitive natural resources or areas in
2659	2659	2642which development would be at significant risk from rising sea levels or other flood risk caused
2660	2660	2643or exacerbated by climate change.
2661	2661	2644 SECTION 93. Section 11 of said chapter 43D, as appearing in the 2022 Official Edition,
2662	2662	2645is hereby amended by striking out, in lines 2 to 3, the words “unless the permit expressly allows
2663	2663	2646the transfer without the approval of the issuing authority” and inserting in place thereof the
2664	2664	2647following words:- except as provided in a local ordinance or bylaw or in an applicable state law
2665	2665	2648or regulation.
2666	2666	2649 SECTION 94. Said chapter 43D is hereby further amended by striking out section 12 and
2667	2667	2650inserting in place thereof the following section:- 123 of 227
2668	2668	2651 Section 12. A municipality that has a priority development site shall be eligible for
2669	2669	2652priority consideration for: (i) any grant program administered by the executive office of
2670	2670	2653economic development; (ii) other state resources for business development such as quasi-public
2671	2671	2654financing and training programs; (iii) brownfields remediation assistance administered by the
2672	2672	2655Massachusetts Development Finance Agency; and (iv) technical assistance provided by the
2673	2673	2656regional planning council; provided, that the state financial assistance or technical assistance
2674	2674	2657shall be intended to facilitate development within the priority development site; and provided
2675	2675	2658further that priority consideration for such grants and other financial assistance shall apply only
2676	2676	2659to a municipality that is in compliance with the multifamily zoning requirements of section 3A of
2677	2677	2660chapter 40A, if applicable.
2678	2678	2661 SECTION 95. Section 13 of said chapter 43D is hereby repealed.
2679	2679	2662 SECTION 96. Section 6 of chapter 62 of the General Laws is hereby amended by striking
2680	2680	2663out, in line 149, as appearing in the 2022 Official Edition, the words ““EDIP contract” and
2681	2681	2664“proposed project”” and inserting in place thereof the following words:- “EDIP contract”,
2682	2682	2665“proportion of compliance”, “proposed project” and “refundable credit”.
2683	2683	2666 SECTION 97. Said section 6 of said chapter 62 is hereby further amended by striking
2684	2684	2667out, in lines 154 to 157, inclusive, as so appearing, the words “, up to an amount equal to 50 per
2685	2685	2668cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not
2686	2686	2669apply where the credit is refundable under paragraph (6)”.
2687	2687	2670 SECTION 98. Said section 6 of said chapter 62 is hereby further amended by striking
2688	2688	2671out, in lines 159 to 163, inclusive, as so appearing, the words “; provided further, that a credit
2689	2689	2672awarded in connection with a certified project that will retain permanent full-time employees in a 124 of 227
2690	2690	2673gateway municipality without creating a net increase in permanent full-time employees shall not
2691	2691	2674exceed $5,000 per retained employee”.
2692	2692	2675 SECTION 99. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as
2693	2693	2676most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further
2694	2694	2677amended by striking out the last sentence and inserting in place thereof the following 2
2695	2695	2678sentences:- The EACC shall provide the commissioner with the documentation that the
2696	2696	2679commissioner deems necessary to confirm compliance with the annual cap and the commissioner
2697	2697	2680shall provide a report confirming compliance to the secretary of administration and finance and
2698	2698	2681the secretary of economic development. Notwithstanding section 21 of chapter 62C, the
2699	2699	2682department of revenue shall provide the EACC with documentation confirming tax credits
2700	2700	2683claimed under this subsection by the owner or lessee of a certified project.
2701	2701	2684 SECTION 100. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62,
2702	2702	2685as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and
2703	2703	2686inserting in place thereof the following sentence:- The amount of credits subject to recapture
2704	2704	2687shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of
2705	2705	2688its revocation process and reported to the taxpayer and the department of revenue at the time that
2706	2706	2689certification is revoked.
2707	2707	2690 SECTION 101. Subsection (r) of said section 6 of said chapter 62, as so appearing, is
2708	2708	2691hereby amended by striking out, in line 949, the figure “$30,000,000” and inserting in place
2709	2709	2692thereof the following figure:- $50,000,000.
2710	2710	2693 SECTION 102. Said section 6 of said chapter 62, as most recently amended by chapter
2711	2711	269488 of the acts of 2024, is hereby further amended by striking out subsection (t). 125 of 227
2712	2712	2695 SECTION 103. Said section 6 of said chapter 62, as so amended, is hereby further
2713	2713	2696amended by adding the following 5 subsections:-
2714	2714	2697 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
2715	2715	2698requires otherwise, have the following meanings:
2716	2716	2699 “Advertising and public relations expenditure”, a cost incurred within the commonwealth
2717	2717	2700by an eligible theater production for goods or services related to the marketing, public relations,
2718	2718	2701creation and placement of print, electronic, television, billboards or other forms of advertising to
2719	2719	2702promote the eligible theater production.
2720	2720	2703 “Eligible theater production”, a live stage musical, dance or theatrical production or tour
2721	2721	2704being presented in a qualified production facility that is either: (i) a pre-Broadway production;
2722	2722	2705(ii) a pre-off Broadway production; (iii) a national tour launch; or (iv) a regional professional
2723	2723	2706theater production.
2724	2724	2707 “Eligible theater production certificate”, a certificate issued by the office, in consultation
2725	2725	2708with the commissioner, certifying that a production is an eligible theater production that meets
2726	2726	2709the rules or regulations of the office, and that it has been awarded a tax credit in a specified
2727	2727	2710amount, pursuant to section 3M of chapter 23A.
2728	2728	2711 “National tour launch”, a live stage production that, in its original or adaptive version, is
2729	2729	2712performed in a qualified production facility and opens its national tour in the commonwealth.
2730	2730	2713 “Office”, the Massachusetts office of business development established in section 1
2731	2731	2714of chapter 23A, or any constituent office thereof. 126 of 227
2732	2732	2715 “Payroll”, all salaries, wages, fees and other compensation from sources within the
2733	2733	2716commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred
2734	2734	2717or paid to talent and non-talent employees of the applicant for services rendered within the
2735	2735	2718commonwealth to and on behalf of an eligible theater production; provided, that the payroll
2736	2736	2719expenditure shall be incurred or paid by the applicant for services related to any portion of an
2737	2737	2720eligible theater production from its pre-production stages, including, but not limited to: (i) the
2738	2738	2721writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from
2739	2739	2722vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x)
2740	2740	2723performances; (xi) other eligible theater production related activities; and (xii) load out; and
2741	2741	2724provided further, that the payroll expenditure shall be directly attributable to the eligible theater
2742	2742	2725production and shall be limited to the first $100,000 of wages incurred or paid to each
2743	2743	2726employee of an eligible theater production in each tax year.
2744	2744	2727 “Pre-Broadway production”, a live stage production that, in its original or adaptive
2745	2745	2728version, is performed in a qualified production facility having a presentation scheduled for
2746	2746	2729the city of New York’s Broadway theater district within 24 months after its presentation in
2747	2747	2730the commonwealth.
2748	2748	2731 “Pre-off Broadway production”, a live stage production that, in its original or adaptive
2749	2749	2732version, is performed in a qualified production facility having a presentation scheduled for the
2750	2750	2733city of New York’s off-Broadway theater district within 24 months after its presentation in
2751	2751	2734the commonwealth.
2752	2752	2735 “Production and performance expenditures”, a contemporaneous exchange of cash or
2753	2753	2736cash equivalent for goods or services related to development, production, performance or  127 of 227
2754	2754	2737operating expenditures incurred in the commonwealth for a qualified theater production,
2755	2755	2738including, but not limited to, expenditures for design, construction and operation, including sets,
2756	2756	2739special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with
2757	2757	2740sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals,
2758	2758	2741per diems, accommodations and other related costs.
2759	2759	2742 “Qualified production facility”, a facility located in the commonwealth in which live
2760	2760	2743theater productions are, or are intended to be, exclusively presented that contains at least 1 stage,
2761	2761	2744a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary
2762	2762	2745amenities necessary for the eligible theater production.
2763	2763	2746 “Regional professional theater production”, a live stage production that is performed in a
2764	2764	2747qualified production facility with a professional cast and crew.
2765	2765	2748 “Transportation expenditures”, expenses incurred in the commonwealth for the
2766	2766	2749packaging, crating and transportation both to the commonwealth for use in a qualified theater
2767	2767	2750production of  sets, costumes or other tangible property constructed or manufactured outside the
2768	2768	2751commonwealth, or from the commonwealth after use in a qualified theater production of sets,
2769	2769	2752costumes or other tangible property constructed or manufactured in the commonwealth and the
2770	2770	2753transportation of the cast and crew to and from the commonwealth; provided, that “transportation
2771	2771	2754expenditures” shall include any portion performed in the commonwealth of the packaging,
2772	2772	2755crating and transporting of property and equipment used for special and visual effects, sound,
2773	2773	2756lighting and staging, costumes, wardrobes, make-up and related accessories and materials and
2774	2774	2757any other performance or production-related property and equipment.  128 of 227
2775	2775	2758 (2) Any taxpayer that has been awarded an eligible theater production certificate and has
2776	2776	2759completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be
2777	2777	2760allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed
2778	2778	2761$7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent
2779	2779	2762of the production and performance expenditures; and (iii) 25 per cent of transportation
2780	2780	2763expenditures. Additionally, the credit shall not exceed the amount of credit specified in the
2781	2781	2764eligible theater production certificate.
2782	2782	2765 (3) The tax credit shall be allowed against the tax for the taxable period in which the
2783	2783	2766credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year
2784	2784	2767may be carried forward for not more than 5 succeeding tax years.
2785	2785	2768 (4) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible for
2786	2786	2769the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or
2787	2787	2770otherwise to any individual or entity and such assignee of the tax credits that have not
2788	2788	2771claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in
2789	2789	2772whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits
2790	2790	2773may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed
2791	2791	2774pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the
2792	2792	2775assignee for not more than 5 succeeding tax years from the date an eligible theater production
2793	2793	2776certificate is first issued by the office. The assignor shall perfect the transfer by notifying the
2794	2794	2777commissioner, in writing, within 30 calendar days following the effective date of the transfer and
2795	2795	2778shall provide any information as may be required by the commissioner to administer and carry
2796	2796	2779out this subsection.  129 of 227
2797	2797	2780 (5) The commissioner shall promulgate such rules and regulations necessary for the
2798	2798	2781administration of this subsection.
2799	2799	2782 (ff)(1) As used in this subsection, the following words shall, unless the context clearly
2800	2800	2783requires otherwise, have the following meanings:
2801	2801	2784 “Capital investment”, expenses incurred for the site preparation and construction, repair,
2802	2802	2785renovation, improvement or equipping of a building, structure, facility or other improvements to
2803	2803	2786real property, including, but not limited to, site-related utility and transportation infrastructure
2804	2804	2787improvements.
2805	2805	2788 “Center”, the Massachusetts clean energy technology center established in section 2 of
2806	2806	2789chapter 23J.
2807	2807	2790 “Certified climatetech company”, a climatetech company, as defined in section 1 of
2808	2808	2791chapter 23J.
2809	2809	2792 “Climatetech facility”, any building, complex of buildings or structural components of
2810	2810	2793buildings, including access infrastructure, and all machinery and equipment used in the research,
2811	2811	2794manufacturing, assembly, development, provision, or administration of goods or services in the
2812	2812	2795climatetech sector.
2813	2813	2796 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech
2814	2814	2797facility; or (ii) ground leases the land underlying a climatetech facility for at least 50 years.
2815	2815	2798 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech
2816	2816	2799facility. 130 of 227
2817	2817	2800 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive program
2818	2818	2801established in section 16 of chapter 23J, may be allowed a refundable credit against the taxes
2819	2819	2802imposed under this chapter in an amount up to 50 per cent of the owner’s total capital investment
2820	2820	2803in a climatetech facility. The total amount of tax credit awarded pursuant to this subsection shall
2821	2821	2804be distributed in equal parts over the 5 taxable years that correspond to the period in which the
2822	2822	2805owner or tenant is certified pursuant to said section 16 of said chapter 23J.
2823	2823	2806 (3) An owner shall be eligible for a tax credit authorized under this subsection if the
2824	2824	2807owner demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the
2825	2825	2808owner’s total capital investment in the climatetech facility equals not less than $5,000,000; and
2826	2826	2809(iii) the climatetech facility shall employ not less than 50 new full-time employees by the fifth
2827	2827	2810year of the owner’s certification period under section 16 of chapter 23J. Upon verification, the
2828	2828	2811center shall provide this information to the department of revenue for the purpose of
2829	2829	2812administering the credit.
2830	2830	2813 (4) A tenant shall be eligible for a tax credit authorized pursuant to this subsection if the
2831	2831	2814tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the
2832	2832	2815owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) the
2833	2833	2816tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent
2834	2834	2817of the total leasable square footage of the facility; and (iv) the tenant shall employ not less than
2835	2835	281813 full-time employees by the fifth year of the tenant’s certification period under section 16 of
2836	2836	2819chapter 23J. Upon verification, the center shall provide this information to the department of
2837	2837	2820revenue for the purpose of administering the credit. The amount of tax credits awarded under this
2838	2838	2821subsection to a tenant for a taxable year shall not exceed the tenant’s total lease payments for
2839	2839	2822occupancy of the climatetech facility for the taxable year. 131 of 227
2840	2840	2823 (5) The department of revenue shall issue the refundable portion of the credit without
2841	2841	2824further appropriation and in accordance with the cumulative amount, including the current year
2842	2842	2825costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
2843	2843	2826forth in subsection (d) of section 16 of chapter 23J.
2844	2844	2827 (6) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2845	2845	2828partners or members of the legal entity entitled to the credit under this subsection and shall be
2846	2846	2829allowed as a credit against the tax due under this chapter from such owners, partners or members
2847	2847	2830in a manner determined by the commissioner.
2848	2848	2831 (7) The department of revenue shall promulgate such rules and regulations as are
2849	2849	2832necessary to administer the credit established in this subsection.
2850	2850	2833 (gg)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program
2851	2851	2834established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax
2852	2852	2835liability imposed under this chapter in an amount determined by the Massachusetts clean energy
2853	2853	2836technology center established in section 2 of said chapter 23J, in consultation with the
2854	2854	2837department of revenue.
2855	2855	2838 (2) A taxpayer taking a credit under this subsection shall commit to the creation of not
2856	2856	2839less than 5 net new permanent full-time employees in the commonwealth.
2857	2857	2840 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer under
2858	2858	2841this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds
2859	2859	2842the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per
2860	2860	2843cent of such excess credit, to the extent authorized by the climatetech tax incentive program, 132 of 227
2861	2861	2844shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other
2862	2862	2845taxable years.
2863	2863	2846 (4) The department of revenue shall issue the refundable portion of the jobs credit
2864	2864	2847without further appropriation and in accordance with the cumulative amount, including the
2865	2865	2848current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
2866	2866	2849annually as set forth in subsection (d) of section 16 of chapter 23J.
2867	2867	2850 (5) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2868	2868	2851partners or members of the legal entity entitled to the credit under this subsection and shall be
2869	2869	2852allowed as a credit against the tax due under this chapter from such owners, partners or members
2870	2870	2853in a manner determined by the commissioner.
2871	2871	2854 (hh)(1) An employer engaged in business in the commonwealth, which is not a business
2872	2872	2855corporation subject to the excise under chapter 63, may be allowed a credit in each taxable year
2873	2873	2856against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid
2874	2874	2857to each net-new qualified intern employed in the taxable year, whichever is less. If a credit
2875	2875	2858allowed pursuant to this subsection exceeds the tax otherwise due under this chapter, 100 per
2876	2876	2859cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
2877	2877	2860 (2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be
2878	2878	2861enrolled in or a recent graduate of a public or private institution of higher education located in
2879	2879	2862the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer
2880	2880	2863for at least 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer
2881	2881	2864shall demonstrate that the total number of interns employed in the taxable year exceeds the
2882	2882	2865average number of interns employed by the taxpayer per year over the previous 3 years. An 133 of 227
2883	2883	2866intern shall not be qualified if the intern participating in another internship or apprenticeship
2884	2884	2867program for which an employer has claimed a credit in the taxable year under this subsection or
2885	2885	2868chapter 63.
2886	2886	2869 (3) The total cumulative value of the credits authorized pursuant to this subsection and
2887	2887	2870section 38SS of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim
2888	2888	2871more than $100,000 in credits under this subsection for any taxable year. A credit allowed under
2889	2889	2872this subsection shall not be transferable.
2890	2890	2873 (4) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2891	2891	2874partners or members of the legal entity entitled to the credit under this subsection and shall be
2892	2892	2875allowed as a credit against the tax due under this chapter of such owners, partners or members, in
2893	2893	2876a manner determined by the commissioner.
2894	2894	2877 (5) The executive office of economic development, in consultation with the
2895	2895	2878commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to
2896	2896	2879this subsection and section 38SS of chapter 63 and shall allocate the credit in accordance with
2897	2897	2880the standards and requirements set forth in regulations promulgated pursuant to this subsection.
2898	2898	2881The secretary of economic development, in consultation with the commissioner, shall
2899	2899	2882promulgate regulations establishing an application process for the credit.
2900	2900	2883 (6) The secretary of economic development shall annually file a report with the house and
2901	2901	2884senate committees on ways and means, the joint committee on economic development and
2902	2902	2885emerging technologies and the joint committee on labor and workforce development identifying
2903	2903	2886the following: (i) total amount of tax credits claimed pursuant to this subsection and section
2904	2904	288738SS of chapter 63; (ii) the number of participating interns; and (iii) the number of participating 134 of 227
2905	2905	2888employers. In the fourth submission of said annual report, the secretary of economic
2906	2906	2889development shall provide an assessment of the effectiveness of the credit offered under this
2907	2907	2890subsection and section 38SS of chapter 63 in achieving the goal of retaining graduating talent in
2908	2908	2891the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may
2909	2909	2892provide to the secretary of economic development de-identified, statistical tax return information
2910	2910	2893related to the tax filings of former participating interns for the 5 tax years beginning after the
2911	2911	2894conclusion of the internship to evaluate whether former interns are employed and domiciled in
2912	2912	2895the commonwealth after the internship; provided, that such information shall be shared in a
2913	2913	2896manner that prevents the identification of particular tax returns.
2914	2914	2897 (ii)(1) As used in this subsection, the following words shall, unless the context clearly
2915	2915	2898requires otherwise, have the following meanings:
2916	2916	2899 “Digital”, a system that uses discrete, or discontinuous, values ordinarily symbolized
2917	2917	2900numerically to represent information for input, processing, transmission and storage. A digital
2918	2918	2901system shall be contrasted with an “analog” system, which uses a continuous range of values to
2919	2919	2902represent information. The term “digital” shall include, but shall not be limited to, information
2920	2920	2903input, processed, transmitted and stored via the Internet.
2921	2921	2904 “Digital interactive media”, products or platforms that: (i) are intended for commercial
2922	2922	2905production, use or distribution; (ii) contain at least 2 of the following types of data: text, sound,
2923	2923	2906fixed images, animated images, video, video effects or 3D geometry; and (iii) are digital,
2924	2924	2907interactive and media. Digital interactive media shall not include: (A) software development
2925	2925	2908designed and developed primarily for internal or operational purposes of the company; (B)
2926	2926	2909largely static Internet sites designed to provide information about a person, business, company or 135 of 227
2927	2927	2910firm; (C) products regulated under the applicable gambling law; or (D) obscene material or
2928	2928	2911performance or a game designed primarily for private, political, industrial, corporate or
2929	2929	2912institutional purposes.
2930	2930	2913 “Digital interactive media production company”, a company, including any subsidiaries,
2931	2931	2914engaged in the business of producing digital interactive media. A digital interactive media
2932	2932	2915production company shall not include any company which is more than 25 per cent owned,
2933	2933	2916affiliated or controlled, by any company or person that is in default on a loan made by the
2934	2934	2917commonwealth or a loan guaranteed by the commonwealth.
2935	2935	2918 “Digital interactive media production expense”, all expenditures that clearly and
2936	2936	2919demonstrably occurred in the commonwealth directly relating to digital interactive media
2937	2937	2920production to be used in the production of the end product under development, including, but not
2938	2938	2921limited to, testing software, source code development, patches, updates, sprites, 3-dimensional
2939	2939	2922models, engine development and other back-end programming activities, performance and
2940	2940	2923motion capture, audio production, tool development, original scoring, and level design; costs
2941	2941	2924associated with photography and sound synchronization, lighting and related services; live
2942	2942	2925operations, information technology support, data analysis and activities related to a community
2943	2943	2926of users; rental of facilities and equipment; purchase of prepackaged audio files, video files,
2944	2944	2927photographic files or libraries; purchase of licenses to use pre-recorded audio files, video or
2945	2945	2928photographic files; development costs associated with producing audio files and video files;
2946	2946	2929provided, that digital interactive media production expenses shall include all professionals whose
2947	2947	2930work is directly related to the digital interactive media, including accountants and lawyers.
2948	2948	2931Digital interactive media production expenses shall not include: (i) expenditures for or related to
2949	2949	2932marketing, promotion and distribution; (ii) administrative, payroll and management services 136 of 227
2950	2950	2933which are not directly related to digital interactive media management or production; (iii)
2951	2951	2934amounts that are later reimbursed by the commonwealth, (iv) costs related to the transfer of tax
2952	2952	2935credits; and (v) amounts that are paid to persons or entities as a result of their participation in
2953	2953	2936profits from the exploitation of the production.
2954	2954	2937 “Interactive”, a digital media system for inputting, processing, transmitting or storing
2955	2955	2938information or data in which users of the system are able to respond to the digital media system
2956	2956	2939by inputting, transmitting, processing or storing information or data in response to the
2957	2957	2940information or data provided to them through the digital media system. Digital media system
2958	2958	2941shall include communications delivered via electronic energy where the information stored,
2959	2959	2942transmitted or received is in digital form.
2960	2960	2943 “Media”, communication tools used to store, transmit, distribute and deliver information
2961	2961	2944and data, including methods and mechanisms for information distribution through distributed
2962	2962	2945networks, such as the Internet, and through physical media including compact disc, CD-ROM,
2963	2963	2946various types of DVD and other removable storage drives and devices.
2964	2964	2947 (2) A taxpayer engaged in the making of digital interactive media shall be allowed a
2965	2965	2948credit against the taxes imposed by this chapter for the employment of persons within the
2966	2966	2949commonwealth in connection with the production of digital interactive media in the
2967	2967	2950commonwealth within any consecutive 12-month period. The credit shall be equal to an amount
2968	2968	2951not more than 25 per cent of the total aggregate payroll paid by a digital interactive media
2969	2969	2952production company that constitutes Massachusetts source income, when total digital interactive
2970	2970	2953media production expenses incurred in the commonwealth equal or exceed $50,000 during the 137 of 227
2971	2971	2954taxable year. For purposes of this subsection, the term “total aggregate payroll” shall not include
2972	2972	2955the salary of any employee whose salary is equal to or greater than $1,000,000.
2973	2973	2956 (3) A taxpayer shall be allowed an additional credit against the taxes imposed by this
2974	2974	2957chapter equal to 25 per cent of all digital interactive media production expenses, not including
2975	2975	2958the payroll expenses used to claim a credit pursuant to paragraph (2), where the production takes
2976	2976	2959place in a gateway municipality.
2977	2977	2960 (4) The tax credit shall be taken against the taxes imposed under this chapter and shall, at
2978	2978	2961the election of the taxpayer, be refundable to the extent provided for in section 3N of chapter
2979	2979	296223A. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried
2980	2980	2963forward by the taxpayer to any of the 5 subsequent taxable years.
2981	2981	2964 (5)(1) All or any portion of tax credits issued in accordance with this subsection may be
2982	2982	2965transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter
2983	2983	296663. Any tax credit that is transferred, sold or assigned and taken against taxes imposed by this
2984	2984	2967chapter or said chapter 63 shall not be refundable. Any amount of the tax credit that exceeds the
2985	2985	2968tax due for a taxable year may be carried forward by the transferee, buyer or assignee to any of
2986	2986	2969the 5 subsequent taxable years from which a certificate is initially issued by the department of
2987	2987	2970revenue.
2988	2988	2971 (2) An owner or transferee desiring to make a transfer, sale or assignment shall submit to
2989	2989	2972the commissioner a statement which describes the amount of tax credit for which the transfer,
2990	2990	2973sale or assignment of tax credit is eligible. The owner or transferee shall provide to the
2991	2991	2974commissioner information as the commissioner may require for the proper allocation of the
2992	2992	2975credit. The commissioner shall provide to the taxpayer a certificate of eligibility to transfer, sell 138 of 227
2993	2993	2976or assign the tax credits. The commissioner shall not issue a certificate to a taxpayer that has an
2994	2994	2977outstanding tax obligation with the commonwealth in connection with any digital interactive
2995	2995	2978media for any prior taxable year. A tax credit shall not be transferred, sold or assigned without a
2996	2996	2979certificate.
2997	2997	2980 (6) The commissioner, in consultation with the Massachusetts office of business
2998	2998	2981development, shall promulgate regulations necessary for the administration of this subsection.
2999	2999	2982 SECTION 104. Subsection (a) of section 31M of chapter 63 of the General Laws, as so
3000	3000	2983appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in
3001	3001	2984place thereof the following definition:-
3002	3002	2985 “Life sciences”, advanced and applied sciences that expand the understanding of human
3003	3003	2986physiology and have the potential to lead to medical advances or therapeutic applications,
3004	3004	2987including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
3005	3005	2988engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
3006	3006	2989intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
3007	3007	2990marine biology, marine technology, medical technology, medical devices, nanotechnology,
3008	3008	2991natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
3009	3009	2992interference, stem cell research and veterinary science.
3010	3010	2993 SECTION 105. Subsection (j) of section 38M of said chapter 63, as so appearing, is
3011	3011	2994hereby amended by striking out, in lines 120 to 121, the words “and (ii) equipment for the
3012	3012	2995federal National Aeronautics and Space Administration”, and inserting in place thereof the
3013	3013	2996following words:- 139 of 227
3014	3014	2997 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii)
3015	3015	2998medical countermeasures, including, but not limited to: (A) medicines and medical supplies that
3016	3016	2999can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or
3017	3017	3000nuclear threats; (B) biologic products, vaccines, blood products and antibodies; and (C)
3018	3018	3001antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective
3019	3019	3002equipment.
3020	3020	3003 SECTION 106. Paragraph (1) of subsection (k) of said section 38M of said chapter 63, as
3021	3021	3004so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in
3022	3022	3005place thereof the following 3 definitions:-
3023	3023	3006 “Climatetech”, as defined in section 1 of chapter 23J.
3024	3024	3007 “Climatetech company”, as defined in section 1 of chapter 23J.
3025	3025	3008 “Life sciences”, advanced and applied sciences that expand the understanding of human
3026	3026	3009physiology and have the potential to lead to medical advances or therapeutic applications,
3027	3027	3010including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
3028	3028	3011engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
3029	3029	3012intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
3030	3030	3013marine biology, marine technology, medical technology, medical devices, nanotechnology,
3031	3031	3014natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
3032	3032	3015interference, stem cell research and veterinary science.
3033	3033	3016 SECTION 107. Said paragraph (1) of said subsection (k) of said section 38M of said
3034	3034	3017chapter 63, as so appearing, is hereby further amended by striking out the definition of
3035	3035	3018“Taxpayer” and inserting in place thereof the following definition:- 140 of 227
3036	3036	3019 “Taxpayer”, a person, certified life sciences company or certified climatetech company
3037	3037	3020subject to the taxes imposed by this chapter or chapters 62, 64H or 64I.
3038	3038	3021 SECTION 108. Paragraph (2) of said subsection (k) of said section 38M of said chapter
3039	3039	302263, as so appearing, is hereby amended by inserting after the figure “23I”, in line 144, the
3040	3040	3023following words:- or the climatetech tax incentive program established in subsection (d) of
3041	3041	3024section 16 of chapter 23J.
3042	3042	3025 SECTION 109. Section 38N of said chapter 63, as amended by section 229 of chapter 7
3043	3043	3026of the acts of 2023, is hereby further amended by striking out subsection (a) and inserting in
3044	3044	3027place thereof the following subsection:-
3045	3045	3028 (a) As used in this section, “Certified project”, “EDIP contract”, “Proportion of
3046	3046	3029compliance” and “Refundable credit” shall have the same meanings as ascribed to them in
3047	3047	3030section 3A of chapter 23A.
3048	3048	3031 SECTION 110. Said section 38N of said chapter 63 is hereby further amended by striking
3049	3049	3032out, in lines 7 to 10, inclusive, as appearing in the 2022 Official Edition, the words “, up to an
3050	3050	3033amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per
3051	3051	3034cent limitation shall not apply where the credit is refundable under subsection (d)”.
3052	3052	3035 SECTION 111. Said section 38N of said chapter 63 is hereby further amended by striking
3053	3053	3036out, in lines 13 to 17, inclusive, as so appearing, the words “; provided, however, that a credit
3054	3054	3037awarded in connection with a certified project that will retain permanent full-time employees in a
3055	3055	3038gateway municipality without creating a net increase in permanent full-time employees shall not
3056	3056	3039exceed $5,000 per retained employee”. 141 of 227
3057	3057	3040 SECTION 112. Said section 38N of said chapter 63 is hereby further amended by striking
3058	3058	3041out, in line 27, as so appearing, the word “or”, the second time it appears, and inserting in place
3059	3059	3042thereof the following word:- of.
3060	3060	3043 SECTION 113. Said section 38N of said chapter 63 is hereby further amended by striking
3061	3061	3044out, in line 29, as so appearing, the word “or”, the second time it appears, and inserting in place
3062	3062	3045thereof the following word:- of.
3063	3063	3046 SECTION 114. The second paragraph of said subsection (c) of said section 38N of said
3064	3064	3047chapter 63, as so appearing, is hereby further amended by adding the following sentence:-
3065	3065	3048Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC
3066	3066	3049with documentation confirming credits claimed under this section by a corporation subject to tax
3067	3067	3050under this chapter that is the controlling business of a certified project or an affiliate of a
3068	3068	3051controlling business.
3069	3069	3052 SECTION 115. Said section 38N of said chapter 63 is hereby further amended by striking
3070	3070	3053out, in line 46, as so appearing, the words “31A or”.
3071	3071	3054 SECTION 116. Subsection (i) of said section 38N of said chapter 63, as so appearing, is
3072	3072	3055hereby amended by striking out the last sentence and inserting in place thereof the following
3073	3073	3056sentence:- The amount of credits subject to recapture shall be equal to the corporation’s
3074	3074	3057proportion of compliance, as determined by the EACC as part of its revocation process and
3075	3075	3058reported to the corporation and the department of revenue at the time certification is revoked.
3076	3076	3059 SECTION 117. Subsection (a) of section 38U of said chapter 63, as so appearing, is
3077	3077	3060hereby amended by striking out the definition of “Life sciences” and inserting in place thereof
3078	3078	3061the following definition:- 142 of 227
3079	3079	3062 “Life sciences”, advanced and applied sciences that expand the understanding of human
3080	3080	3063physiology and have the potential to lead to medical advances or therapeutic applications,
3081	3081	3064including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
3082	3082	3065engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
3083	3083	3066intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
3084	3084	3067marine biology, marine technology, medical technology, medical devices, nanotechnology,
3085	3085	3068natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
3086	3086	3069interference, stem cell research and veterinary science.
3087	3087	3070 SECTION 118. Said chapter 63 is hereby further amended by inserting after section
3088	3088	307138NN the following 6 sections:-
3089	3089	3072 Section 38OO. (a) As used in this section, the following words shall, unless the context
3090	3090	3073clearly requires otherwise, have the following meanings:
3091	3091	3074 “Advertising and public relations expenditure”, a cost incurred within the
3092	3092	3075commonwealth by an eligible theater production for goods or services related to the marketing,
3093	3093	3076public relations, creation and placement of print, electronic, television, billboards or other forms
3094	3094	3077of advertising to promote the eligible theater production.
3095	3095	3078 “Eligible theater production”, a live stage musical, dance or theatrical production or tour
3096	3096	3079being presented in a qualified production facility that is either: (a) a pre-Broadway production;
3097	3097	3080(b) a pre-off Broadway production; or (c) a national tour launch; or (d) a regional professional
3098	3098	3081theater production.
3099	3099	3082 “Eligible theater production certificate”, a certificate issued by the office, in
3100	3100	3083consultation with the commissioner, certifying that a production is an eligible theater production 143 of 227
3101	3101	3084that meets the rules or regulations of the office, and that it has been awarded a tax credit in a
3102	3102	3085specified amount, pursuant to section 3M of chapter 23A.
3103	3103	3086 “National tour launch”, a live stage production that, in its original or adaptive version, is
3104	3104	3087performed in a qualified production facility and opens its national tour in the commonwealth.
3105	3105	3088 “Office”, the Massachusetts office of business development established in section 1 of
3106	3106	3089chapter 23A, or any constituent office thereof.
3107	3107	3090 “Payroll”, all salaries, wages, fees and other compensation from sources within the
3108	3108	3091commonwealth, including, but not limited to, taxes, benefits and any other consideration
3109	3109	3092incurred or paid to talent and non-talent employees of the applicant for services rendered within
3110	3110	3093the commonwealth to and on behalf of an eligible theater production; provided, that the payroll
3111	3111	3094expenditure shall be incurred or paid by the applicant for services related to any portion of an
3112	3112	3095eligible theater production from its pre-production stages, including, but not limited to: (i) the
3113	3113	3096writing of the script, (ii) casting, (iii) hiring of service providers, (iv) purchases from vendors,
3114	3114	3097(v) marketing, (vi) advertising, (vii) public relations, (viii) load in, (ix) rehearsals, (x)
3115	3115	3098performances, (xi) other eligible theater production related activities, and (xii) load out; and
3116	3116	3099provided further, that the payroll expenditure shall be directly attributable to the eligible theater
3117	3117	3100production and shall be limited to the first $100,000 of wages incurred or paid to each employee
3118	3118	3101of an eligible theater production in each tax year.
3119	3119	3102 “Pre-Broadway production”, a live stage production that, in its original or
3120	3120	3103adaptive version, is performed in a qualified production facility having a presentation scheduled
3121	3121	3104for the city of New York’s Broadway theater district within 24 months after its presentation in
3122	3122	3105the  commonwealth. 144 of 227
3123	3123	3106 “Pre-off Broadway production”, a live stage production that, in its original or adaptive
3124	3124	3107version, is performed in a qualified production facility having a presentation scheduled for the
3125	3125	3108city of New York’s off-Broadway theater district within 24 months after its presentation in the
3126	3126	3109commonwealth.
3127	3127	3110 “Production and performance expenditures”, a contemporaneous exchange of cash or
3128	3128	3111cash equivalent for goods or services related to development, production, performance or
3129	3129	3112operating expenditures incurred in the commonwealth for a qualified theater production,
3130	3130	3113including, but not limited to, expenditures for design, construction and operation, including
3131	3131	3114sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated
3132	3132	3115with sound, lighting, staging, advertising and public relations expenditures, facility expenses,
3133	3133	3116rentals, per diems, accommodations and other related costs.
3134	3134	3117 “Qualified production facility”, a facility located in the commonwealth in which
3135	3135	3118live theater productions are, or are intended to be, exclusively presented that contains at least 1
3136	3136	3119stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other
3137	3137	3120ancillary amenities necessary for the eligible theater production.
3138	3138	3121 “Regional professional theater production”, a live stage production that is performed in a
3139	3139	3122qualified production facility with a professional cast and crew.
3140	3140	3123 “Transportation expenditures”, expenses incurred in the commonwealth for the
3141	3141	3124packaging, crating and transportation both to the commonwealth for use in a qualified theater
3142	3142	3125production of  sets, costumes or other tangible property constructed or manufactured outside the
3143	3143	3126commonwealth, or from the  commonwealth after use in a qualified theater production of sets,
3144	3144	3127costumes or other tangible property constructed or manufactured in the commonwealth and the 145 of 227
3145	3145	3128transportation of the cast and crew to and from the commonwealth; provided, that “transportation
3146	3146	3129expenditures” shall include any portion performed in the commonwealth of the packaging,
3147	3147	3130crating and transporting of property and equipment used for special and visual effects, sound,
3148	3148	3131lighting and staging, costumes, wardrobes, make-up and related accessories and materials and
3149	3149	3132any other performance or production-related property and equipment.
3150	3150	3133 (b) Any taxpayer that has been awarded an eligible theater production certificate and has
3151	3151	3134completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be
3152	3152	3135allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed
3153	3153	3136$7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent
3154	3154	3137of the production and performance expenditures; and (iii) 25 per cent of transportation
3155	3155	3138expenditures. Additionally, the credit shall not exceed the amount of credit specified in the
3156	3156	3139eligible theater production certificate.
3157	3157	3140 (c) The tax credit shall be allowed against the tax for the taxable period in which the
3158	3158	3141credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year
3159	3159	3142may be carried forward for not more than 5 succeeding tax years.
3160	3160	3143 (d) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible
3161	3161	3144for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or
3162	3162	3145otherwise to any individual or entity and such assignee of the tax credits that have not
3163	3163	3146claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in
3164	3164	3147whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits
3165	3165	3148may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed
3166	3166	3149pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the 146 of 227
3167	3167	3150assignee for not more than 5 succeeding tax years from the date an eligible theater production
3168	3168	3151certificate is first issued by the office. The assignor shall perfect the transfer by notifying the
3169	3169	3152commissioner, in writing, within 30 calendar days following the effective date of the transfer and
3170	3170	3153shall provide any information as may be required by the commissioner to administer and carry
3171	3171	3154out this section.
3172	3172	3155 (e) Credits allowed to corporations that are included in a combined group within
3173	3173	3156the meaning of section 32B may be shared with other corporations within such group that are
3174	3174	3157also doing business in the commonwealth, to the extent those corporations are engaged in a
3175	3175	3158unitary business.
3176	3176	3159 (f) Credits allowed to a company that is an S corporation, as defined in section 1361 of
3177	3177	3160the Code, partnership or a limited liability company that is taxed as a partnership shall be
3178	3178	3161passed through respectively to persons designated as partners, members or owners of such
3179	3179	3162companies on a pro rata basis or pursuant to an executed agreement among such persons
3180	3180	3163designated as S corporation shareholders, partners or members documenting an alternate
3181	3181	3164distribution method without regard to their sharing of other tax or economic attributes of such
3182	3182	3165entity.
3183	3183	3166 (g) The commissioner shall promulgate such rules and regulations necessary for
3184	3184	3167the administration of this section.
3185	3185	3168 Section 38PP. (a) As used in this section, the following words shall, unless the context
3186	3186	3169clearly requires otherwise, have the following meanings:
3187	3187	3170 “Capital investment”, expenses incurred for the site preparation and construction, repair,
3188	3188	3171renovation, improvement or equipping of a building, structure, facility or other improvements to 147 of 227
3189	3189	3172real property, including, but not limited to, site-related utility and transportation infrastructure
3190	3190	3173improvements.
3191	3191	3174 “Center”, the Massachusetts clean energy technology center established in section 2 of
3192	3192	3175chapter 23J.
3193	3193	3176 “Certified climatetech company”, a climatetech company, as defined in section 1 of
3194	3194	3177chapter 23J.
3195	3195	3178 “Climatetech facility”, any building, complex of buildings or structural components of
3196	3196	3179buildings, including access infrastructure, and all machinery and equipment used in the research,
3197	3197	3180manufacturing, assembly, development, provision, or administration of goods or services in the
3198	3198	3181climatetech sector.
3199	3199	3182 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds
3200	3200	3183title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for at
3201	3201	3184least 50 years.
3202	3202	3185 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech
3203	3203	3186facility.
3204	3204	3187 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive program
3205	3205	3188established in section 16 of chapter 23J, may be allowed a refundable credit against the taxes
3206	3206	3189imposed under this chapter, in an amount up to 50 per cent of the owner’s total capital
3207	3207	3190investment in a climatetech facility. The total amount of tax credit awarded pursuant to this
3208	3208	3191section shall be distributed in equal parts over the 5 taxable years that correspond to the period in
3209	3209	3192which the owner or tenant is certified pursuant to said section 16 of said chapter 23J. 148 of 227
3210	3210	3193 (c) An owner shall be eligible for a tax credit authorized under this section if the owner
3211	3211	3194demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the owner’s
3212	3212	3195total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) the
3213	3213	3196climatetech facility shall employ not less than 50 new full-time employees by the fifth year of the
3214	3214	3197owner’s certification period under section 16 of chapter 23J. Upon verification, the center shall
3215	3215	3198provide this information to the department of revenue for the purpose of administering the credit.
3216	3216	3199 (d) A tenant shall be eligible for a tax credit authorized pursuant to this section if the
3217	3217	3200tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the
3218	3218	3201owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) the
3219	3219	3202tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent
3220	3220	3203of the total leasable square footage of the facility; and (iv) the tenant shall employ not less than
3221	3221	320413 full-time employees by the fifth year of the tenant’s certification period under section 16 of
3222	3222	3205chapter 23J. Upon verification, the center shall provide this information to the department of
3223	3223	3206revenue for the purpose of administering the credit. The amount of tax credits awarded under this
3224	3224	3207section to a tenant for a taxable year shall not exceed the tenant's total lease payments for
3225	3225	3208occupancy of the climatetech facility for the taxable year.
3226	3226	3209 (e) The department of revenue shall issue the refundable portion of the credit without
3227	3227	3210further appropriation and in accordance with the cumulative amount, including the current year
3228	3228	3211costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
3229	3229	3212forth in subsection (d) of section 16 of chapter 23J.
3230	3230	3213 (f) The department of revenue shall promulgate such rules and regulations as are
3231	3231	3214necessary to administer the credit established in this section. 149 of 227
3232	3232	3215 Section 38QQ. (a) For the purposes of this section, unless the context clearly requires
3233	3233	3216otherwise, the terms “qualified research expenses”, “base amount”, “qualified organization base
3234	3234	3217period amount”, “basic research” and any other terms affecting the calculation of the credit shall
3235	3235	3218have the same meanings as under section 41(e)(1)(A) of the Internal Revenue Code as amended
3236	3236	3219and in effect on August 12, 1991.
3237	3237	3220 (b)(1) A taxpayer may, to the extent authorized pursuant to the climatetech tax incentive
3238	3238	3221program established by section 16 of chapter 23J, be allowed a credit against its excise due under
3239	3239	3222this chapter equal to the sum of 10 per cent of the excess, if any, of the qualified research
3240	3240	3223expenses for the taxable year, over the base amount, and 15 per cent of the basic research
3241	3241	3224payments determined pursuant to section 41(e)(1)(A) of said Code.
3242	3242	3225 (2) In determining the amount of the credit allowable under this section, the
3243	3243	3226commissioner may aggregate the activities of all corporations that are members of a controlled
3244	3244	3227group of corporations, as defined in section 41(f)(1)(A) of said Code, and may aggregate the
3245	3245	3228activities of all entities, whether or not incorporated, that are under common control, as defined
3246	3246	3229in section 41(f)(1)(B) of said Code.
3247	3247	3230 (c) For a qualified climatetech company, research and development costs, within the
3248	3248	3231meaning of section 41 of the Code, shall include, those qualified research expenditures that are
3249	3249	3232performed both inside and outside of the commonwealth.
3250	3250	3233 (d) For purposes of section 30, the deduction from gross income that may be taken with
3251	3251	3234respect to any expenditures qualifying for a credit under said section 41 of said Code shall be
3252	3252	3235based upon its cost less the credit allowable under this section; provided, however, that section
3253	3253	3236280C(c) of the Code shall not apply. 150 of 227
3254	3254	3237 (e) The credit allowed hereunder for any taxable year shall not reduce the excise to less
3255	3255	3238than the amount due under subsection (b) of section 32, subsection (b) of section 39, section 67
3256	3256	3239or under any other general or special law.
3257	3257	3240 (f) The credit allowed under this section shall be limited to 100 per cent of a
3258	3258	3241corporation’s first $25,000 of excise, as determined before the allowance of any credits, plus 75
3259	3259	3242per cent of the corporation’s excise, as so determined in excess of $25,000. The commissioner of
3260	3260	3243revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the
3261	3261	3244Code for purposes of apportioning the $25,000 amount among members of a controlled group.
3262	3262	3245Nothing in this section shall alter section 32C, as it affects other credits under this chapter.
3263	3263	3246 (g) If a corporation files a combined return of income under section 32B, a credit
3264	3264	3247generated by an individual member corporation under this section shall first be applied against
3265	3265	3248the excise attributable to that company under sections 32 or 39, subject to the limitations of
3266	3266	3249subsections (d) and (e). A member corporation with an excess research and development credit
3267	3267	3250may apply its excess credit against the excise of another group member if such other member
3268	3268	3251corporation may use additional credits under the limitations of subsections (e) and (f). Unused,
3269	3269	3252unexpired credits generated by a member corporation shall be carried over from year to year by
3270	3270	3253the individual corporation that generated the credit and shall not be refundable. Nothing in this
3271	3271	3254section shall alter subsection (h) of section 31A.
3272	3272	3255 (h) A corporation entitled to a credit under this section for any taxable year may carry
3273	3273	3256over and apply to its excise for any of the next succeeding 15 taxable years that portion, as
3274	3274	3257reduced from year to year, of its credit which exceeds its excise for the taxable year. A 151 of 227
3275	3275	3258corporation may carry over and apply to its excise for any subsequent taxable year that portion,
3276	3276	3259as reduced from year to year, of those credits which were not allowed by subsection (g).
3277	3277	3260 (i) The commissioner of revenue shall promulgate regulations necessary to carry out this
3278	3278	3261section.
3279	3279	3262 Section 38RR. (a) A taxpayer, to the extent authorized by the climatetech tax incentive
3280	3280	3263program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable
3281	3281	3264jobs credit against the tax liability imposed under this chapter in an amount determined by the
3282	3282	3265Massachusetts clean energy technology center established in section 2 of said chapter 23J, in
3283	3283	3266consultation with the department of revenue.
3284	3284	3267 (b) A taxpayer taking a credit under this section shall commit to the creation of not less
3285	3285	3268than 5 net new permanent full-time employees in the commonwealth.
3286	3286	3269 (c) A credit allowed under this section shall reduce the liability of the taxpayer under this
3287	3287	3270chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the
3288	3288	3271taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of
3289	3289	3272such excess credit, to the extent authorized by the climatetech tax incentive program, shall be
3290	3290	3273refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable
3291	3291	3274years.
3292	3292	3275 (d) The department of revenue shall issue the refundable portion of the jobs credit
3293	3293	3276without further appropriation and in accordance with the cumulative amount, including the
3294	3294	3277current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
3295	3295	3278annually as set forth in subsection (d) of section 16 of chapter 23J. 152 of 227
3296	3296	3279 Section 38SS. (a) A business corporation engaged in business in the commonwealth may
3297	3297	3280be allowed a credit each taxable year against the liability imposed by this chapter in an amount
3298	3298	3281equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the
3299	3299	3282taxable year, whichever is less. If a credit allowed pursuant to this section exceeds the tax
3300	3300	3283otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of
3301	3301	3284the taxpayer, be refunded to the taxpayer.
3302	3302	3285 (b) For an employer to be eligible for a credit under this section: (i) the intern shall be
3303	3303	3286enrolled in or a recent graduate of a public or private institution of higher education located in
3304	3304	3287the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer
3305	3305	3288for at least 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer
3306	3306	3289shall demonstrate that the total number of interns employed in the taxable year exceeds the
3307	3307	3290average number of interns employed by the taxpayer per year over the previous 3 years. An
3308	3308	3291intern shall not be qualified if the intern is participating in another internship or apprenticeship
3309	3309	3292program for which an employer has claimed a credit in the taxable year under this chapter or
3310	3310	3293subsection (hh) of section 6 of chapter 62.
3311	3311	3294 (c) The total cumulative value of the credits authorized pursuant to this section and
3312	3312	3295subsection (hh) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer
3313	3313	3296shall not claim more than $100,000 in credits under this section for any taxable year. A credit
3314	3314	3297allowed under this section shall not be transferable.
3315	3315	3298 (d) The executive office of economic development, in consultation with the
3316	3316	3299commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to
3317	3317	3300this section and subsection (hh) of section 6 chapter 62 and shall allocate the credit in accordance 153 of 227
3318	3318	3301with the standards and requirements set forth in regulations promulgated pursuant to this section.
3319	3319	3302The secretary of economic development, in consultation with the commissioner, shall
3320	3320	3303promulgate regulations establishing an application process for the credit.
3321	3321	3304 (e) The secretary of economic development shall annually file a report with the house and
3322	3322	3305senate committees on ways and means, the joint committee on economic development and
3323	3323	3306emerging technologies and the joint committee on labor and workforce development identifying
3324	3324	3307the following: (i) total amount of tax credits claimed pursuant to this section and subsection (hh)
3325	3325	3308of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of
3326	3326	3309participating employers. In the fourth submission of said annual report, the secretary of
3327	3327	3310economic development shall provide an assessment of the effectiveness of the credit offered
3328	3328	3311under this section and subsection (hh) of section 6 of chapter 62 in achieving the goal of
3329	3329	3312retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the
3330	3330	3313department of revenue may provide to the secretary of economic development de-identified,
3331	3331	3314statistical tax return information related to the tax filings of former participating interns for the 5
3332	3332	3315tax years beginning after the conclusion of the internship to evaluate whether former interns are
3333	3333	3316employed and domiciled in the commonwealth after the internship; provided, that such
3334	3334	3317information shall be shared in a manner that prevents the identification of particular tax returns.
3335	3335	3318 Section 38TT. (a) As used in this section, the following words shall, unless the context
3336	3336	3319clearly requires otherwise, have the following meanings:
3337	3337	3320 “Digital”, a system that uses discrete, or discontinuous, values ordinarily symbolized
3338	3338	3321numerically to represent information for input, processing, transmission and storage. A digital
3339	3339	3322system shall be contrasted with an analog system, which uses a continuous range of values to 154 of 227
3340	3340	3323represent information. The term “digital” shall include, but shall not be limited to, information
3341	3341	3324input, processed, transmitted and stored via the Internet.
3342	3342	3325 “Digital interactive media”, products or platforms that: (i) are intended for commercial
3343	3343	3326production, use or distribution; (ii) contain at least 2 of the following types of data: text, sound,
3344	3344	3327fixed images, animated images, video, video effects or 3D geometry; and (iii) are digital,
3345	3345	3328interactive and media. Digital interactive media shall not include: (A) software development
3346	3346	3329designed and developed primarily for internal or operational purposes of the company; (B)
3347	3347	3330largely static Internet sites designed to provide information about a person, business, company or
3348	3348	3331firm; (C) products regulated under the applicable gambling law; or (D) obscene material or
3349	3349	3332performance or a game designed primarily for private, political, industrial, corporate or
3350	3350	3333institutional purposes.
3351	3351	3334 “Digital interactive media production company”, a company, including any subsidiaries,
3352	3352	3335engaged in the business of producing digital interactive media. A digital interactive media
3353	3353	3336production company shall not include any company which is more than 25 per cent owned,
3354	3354	3337affiliated or controlled, by any company or person that is in default on a loan made by the
3355	3355	3338commonwealth or a loan guaranteed by the commonwealth.
3356	3356	3339 “Digital interactive media production expense”, all expenditures that clearly and
3357	3357	3340demonstrably occurred in the commonwealth directly relating to digital interactive media
3358	3358	3341production to be used in the production of the end product under development, including, but not
3359	3359	3342limited to, testing software, source code development, patches, updates, sprites, 3-dimensional
3360	3360	3343models, engine development and other back-end programming activities, performance and
3361	3361	3344motion capture, audio production, tool development, original scoring, and level design; costs 155 of 227
3362	3362	3345associated with photography and sound synchronization, lighting and related services; live
3363	3363	3346operations, information technology support, data analysis and activities related to a community
3364	3364	3347of users; rental of facilities and equipment; purchase of prepackaged audio files, video files,
3365	3365	3348photographic, or libraries; purchase of licenses to use pre-recorded audio files, video, or
3366	3366	3349photographic files; development costs associated with producing audio files and video files;
3367	3367	3350provided, that digital interactive media production expenses shall include all professionals whose
3368	3368	3351work is directly related to the digital interactive media, including accountants and lawyers.
3369	3369	3352Digital interactive media production expenses shall not include: (i) expenditures for or related to
3370	3370	3353marketing, promotion and distribution; (ii) administrative, payroll and management services
3371	3371	3354which are not directly related to digital interactive media management or production; (iii)
3372	3372	3355amounts that are later reimbursed by the commonwealth, (iv) costs related to the transfer of tax
3373	3373	3356credits; and (v) amounts that are paid to persons or entities as a result of their participation in
3374	3374	3357profits from the exploitation of the production.
3375	3375	3358 “Interactive”, a digital media system for inputting, processing, transmitting or storing
3376	3376	3359information or data in which users of the system are able to respond to the digital media system
3377	3377	3360by inputting, transmitting, processing or storing information or data in response to the
3378	3378	3361information or data provided to them through the digital media system. Digital media system
3379	3379	3362shall include communications delivered via electronic energy where the information stored,
3380	3380	3363transmitted or received is in digital form.
3381	3381	3364 “Media”, communication tools used to store, transmit, distribute and deliver information
3382	3382	3365and data, including methods and mechanisms for information distribution through, distributed
3383	3383	3366networks, such as the Internet, and through physical media including compact disc, CD-ROM,
3384	3384	3367various types of DVD and other removable storage drives and devices. 156 of 227
3385	3385	3368 (b) A taxpayer engaged in the making of digital interactive media shall be allowed a
3386	3386	3369credit against the taxes imposed by this chapter for the employment of persons within the
3387	3387	3370commonwealth in connection with the production of digital interactive media in the
3388	3388	3371commonwealth within any consecutive 12-month period. The credit shall be equal to an amount
3389	3389	3372not more than 25 per cent of the total aggregate payroll paid by a digital interactive media
3390	3390	3373production company that constitutes Massachusetts source income, when total digital interactive
3391	3391	3374media production expenses incurred in the commonwealth equal or exceed $50,000 during the
3392	3392	3375taxable year. For purposes of this subsection, the term “total aggregate payroll” shall not include
3393	3393	3376the salary of any employee whose salary is equal to or greater than $1,000,000.
3394	3394	3377 (c) A taxpayer shall be allowed an additional credit against the taxes imposed by this
3395	3395	3378chapter equal to 25 per cent of all digital interactive media production expenses, not including
3396	3396	3379the payroll expenses used to claim a credit pursuant to subsection (b), where the production takes
3397	3397	3380place in a gateway municipality.
3398	3398	3381 (d) The tax credit shall be taken against the taxes imposed under this chapter and shall, at
3399	3399	3382the election of the taxpayer, be refundable to the extent provided for in section 3N of chapter
3400	3400	338323A. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried
3401	3401	3384forward by the taxpayer to any of the 5 subsequent taxable years.
3402	3402	3385 (e)(1) All or any portion of tax credits issued in accordance with this subsection may be
3403	3403	3386transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter
3404	3404	338762. Any tax credit that is transferred, sold or assigned and taken against taxes imposed by this
3405	3405	3388chapter or said chapter 62 shall not be refundable. Any amount of the tax credit that exceeds the
3406	3406	3389tax due for a taxable year may be carried forward by the transferee, buyer or assignee to any of 157 of 227
3407	3407	3390the 5 subsequent taxable years from which a certificate is initially issued by the department of
3408	3408	3391revenue.
3409	3409	3392 (2) An owner or transferee desiring to make a transfer, sale or assignment shall submit to
3410	3410	3393the commissioner a statement which describes the amount of tax credit for which the transfer,
3411	3411	3394sale or assignment of tax credit is eligible. The owner or transferee shall provide to the
3412	3412	3395commissioner information as the commissioner may require for the proper allocation of the
3413	3413	3396credit. The commissioner shall provide to the taxpayer a certificate of eligibility to transfer, sell
3414	3414	3397or assign the tax credits. The commissioner shall not issue a certificate to a taxpayer that has an
3415	3415	3398outstanding tax obligation with the commonwealth in connection with any digital interactive
3416	3416	3399media for any prior taxable year. A tax credit shall not be transferred, sold or assigned without a
3417	3417	3400certificate.
3418	3418	3401 (f) The commissioner, in consultation with the Massachusetts office of business
3419	3419	3402development, shall promulgate regulations necessary for the administration of this section.
3420	3420	3403 SECTION 119. Section 42B of said chapter 63, as appearing in the 2022 Official Edition,
3421	3421	3404is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and
3422	3422	3405inserting in place thereof the following words:- or the climatetech tax incentive program
3423	3423	3406established in section 16 of chapter 23J, a certified.
3424	3424	3407 SECTION 120. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby
3425	3425	3408amended by adding the following 3 paragraphs:-
3426	3426	3409 (yy)(1) Sales of tangible personal property purchased for a certified climatetech
3427	3427	3410company, to the extent authorized pursuant to the climatetech tax incentive program established
3428	3428	3411in section 16 of chapter 23J, for use in connection with the construction, alteration, remodeling, 158 of 227
3429	3429	3412repair or remediation of research, development or manufacturing or other commercial facilities
3430	3430	3413used for the provisions of goods or services in the climatetech sector and utility support systems.
3431	3431	3414Only purchases made on or after the effective date of this paragraph shall be eligible for this
3432	3432	3415exemption.
3433	3433	3416 (2) As used in this subsection, the following words shall, unless the context clearly
3434	3434	3417requires otherwise, have the following meanings:
3435	3435	3418 “Climatetech”, as defined in section 1 of chapter 23J.
3436	3436	3419 “Climatetech company”, as defined in section 1 of chapter 23J.
3437	3437	3420 “Utility support systems”, all areas of utility support systems, including, but not limited
3438	3438	3421to: site, civil, mechanical, electrical and plumbing systems.
3439	3439	3422 (zz)(1) Sales of tangible personal property to a qualifying digital interactive media
3440	3440	3423company, as defined in subsection (ii) of section 6 of chapter 62, or to a digital interactive media,
3441	3441	3424as defined in said subsection (ii), student project at an accredited school, for the production
3442	3442	3425expenses related to a school digital interactive media project.
3443	3443	3426 (2) For the purposes of this paragraph, a qualifying digital interactive media production
3444	3444	3427company shall expend in the aggregate not less than $50,000 within the commonwealth in
3445	3445	3428connection with the production in the commonwealth within any consecutive 12-month period
3446	3446	3429and have the approval of the secretary of economic development and the commissioner.
3447	3447	3430 (3) Any digital interactive media production company that intends to produce all, or parts
3448	3448	3431of, a digital interactive media production in the commonwealth and qualify for the exemption
3449	3449	3432provided by this subsection shall provide an estimate of total expenditures to be made in the 159 of 227
3450	3450	3433commonwealth in connection with the production digital interactive media and shall designate a
3451	3451	3434member or representative of the digital interactive media production company as a primary
3452	3452	3435liaison with the commissioner for the purpose of facilitating the proper reporting of expenditures
3453	3453	3436and other information as required by the commissioner. The estimate of expenditures shall be
3454	3454	3437filed no sooner than the beginning of the tax year for the qualified digital interactive media
3455	3455	3438production company or within 90 days of the start of digital interactive media production
3456	3456	3439expenses and before the end of digital interactive media production expenses or within 1 year
3457	3457	3440after the end of tax year for the qualified digital interactive media production company claiming
3458	3458	3441the tax credit. Any qualifying digital interactive production company that has been approved,
3459	3459	3442which fails to expend $50,000 within a consecutive 12-month period shall be liable for the sales
3460	3460	3443taxes that would have been paid had the approval not been granted. The sales taxes shall be
3461	3461	3444considered due as of the date that taxable expenditures were made.
3462	3462	3445 (4) The commissioner shall promulgate rules for the implementation of this subsection.
3463	3463	3446 (aaa)(1) Sales of: (A) eligible data center equipment for use in a qualified data center; (B)
3464	3464	3447computer software for use in a qualified data center; (C) electricity for use or consumption in the
3465	3465	3448operation of a qualified data center; or (D) construction costs incurred for the construction,
3466	3466	3449renovation or refurbishment of a qualified data center.
3467	3467	3450 (2) If secretary revokes the certification of a qualified data center the commissioner shall,
3468	3468	3451as of the effective date of the revocation, disallow any credits, exemptions or other tax benefits
3469	3469	3452allowed by the original certification of tax benefits under this paragraph. 160 of 227
3470	3470	3453 (3) If the qualified data center is sold to a new owner prior to the expiration of the
3471	3471	3454exemption, tax benefits under this paragraph shall remain in effect and apply to a subsequent
3472	3472	3455owner for the remaining duration of the 20-year qualification period.
3473	3473	3456 (4) As used in this paragraph, the following words shall, unless the context clearly
3474	3474	3457otherwise requires, have the following meanings:
3475	3475	3458 “Colocation tenant”, a person, partnership, company, corporation or other entity that
3476	3476	3459contracts with or leases from the owner or operator of a qualified data center to use or occupy all
3477	3477	3460or part of a qualified data center.
3478	3478	3461 “Computer software”, software purchased, leased, utilized or loaded at a qualified data
3479	3479	3462center, including, but not limited to, maintenance, licensing and software customization.
3480	3480	3463 “Construction costs”, costs of materials, labor, services and equipment purchased or
3481	3481	3464leased to construct a qualified data center facility, including, but not limited to, the cost of data
3482	3482	3465center building, accessory building, building improvement, land development, site improvement,
3483	3483	3466site utility infrastructure, building materials, steel, concrete, gravel, engineering services, heavy
3484	3484	3467equipment, cranes, transportation equipment, excavation, storm water system and management,
3485	3485	3468access roads, bridges, fencing, lighting, landscaping and other costs to construct the facility.
3486	3486	3469 “Eligible data center equipment”, computers and equipment supporting computing,
3487	3487	3470networking, data processing or data storage, including, but not limited to: (i) servers and routers,
3488	3488	3471computer servers and routers, connections, chassis, networking equipment, switches, racks, fiber
3489	3489	3472optic and copper cables, trays, conduits and other enabling machinery, equipment and hardware;
3490	3490	3473(ii) component parts, replacement parts and upgrades; (iii) cooling systems, cooling towers,
3491	3491	3474chillers, mechanical equipment, HVAC equipment, refrigerant piping, fuel piping and storage, 161 of 227
3492	3492	3475adiabatic and free cooling systems, water softeners, air handling units, indoor direct exchange
3493	3493	3476units, fans, ducting, filters and other temperature control infrastructure; (iv) power infrastructure
3494	3494	3477for transformation, generation, distribution, or management of electricity used for the operations
3495	3495	3478and maintenance of a qualified data center, including, but not limited to, substations,
3496	3496	3479switchyards, transformers, generators, uninterruptible power supplies, backup power generation
3497	3497	3480systems, battery systems, energy efficiency measures, supplies, fuel piping and storage, duct
3498	3498	3481banks, switches, switchboards, testing equipment and related utility infrastructure; (v)
3499	3499	3482monitoring and security equipment; (vi) water conservation systems, including, but not limited
3500	3500	3483to, equipment designed to collect, conserve and reuse water; (vii) modular data center equipment
3501	3501	3484and preassembled components of any item described in this paragraph, including, but not limited
3502	3502	3485to, components used in the manufacturing of modular data centers; and (viii) any other personal
3503	3503	3486property or equipment that is used or consumed in the operation and maintenance of the qualified
3504	3504	3487data center.
3505	3505	3488 “Qualified data center costs”, expenditures made for the construction, refurbishment,
3506	3506	3489renovation or improvement of a facility to be used as a qualified data center, including, but not
3507	3507	3490limited to, the cost of land, land development, site improvement, site utility infrastructure,
3508	3508	3491construction, data center building, accessory building, building improvement and eligible data
3509	3509	3492center equipment.
3510	3510	3493 “Qualified data center”, a facility in the commonwealth that:
3511	3511	3494 (A) is owned or leased by: (i) the operator of the data center facility; or (ii) a person,
3512	3512	3495partnership, company, corporation or other entity under common ownership of the operator of
3513	3513	3496the data center facility; 162 of 227
3514	3514	3497 (B) is comprised of 1 or more data center buildings that consist in the aggregate of not
3515	3515	3498less than 100,000 square feet, and that are located on a single parcel, or on contiguous parcels,
3516	3516	3499where the total eligible qualified data center costs of the data center facility are at least
3517	3517	3500$50,000,000 within a 10-year period from the effective date of the certification by the secretary
3518	3518	3501as a qualified data center facility;
3519	3519	3502 (C) is constructed or substantially refurbished;
3520	3520	3503 (D) maintains a minimum of 100 jobs in the commonwealth; and
3521	3521	3504 (E) is used to house computer information technology equipment, networking, data
3522	3522	3505processing or data storage, including, but not limited to, servers and routers for the storage,
3523	3523	3506management, and dissemination of data and information where the facility has the following
3524	3524	3507characteristics: (i) uninterruptible power supplies, generator backup power, or both; (ii)
3525	3525	3508sophisticated fire suppression and prevention systems; and (iii) enhanced security; provided, that
3526	3526	3509a qualified data center shall be considered to have enhanced security if it has restricted access to
3527	3527	3510the facility to selected personnel, permanent security guards, video camera surveillance, an
3528	3528	3511electronic system requiring pass codes, keycards or biometric scans or similar security features.
3529	3529	3512 “Qualification period”, a 20-year period of time beginning on the effective date of the
3530	3530	3513certification by the secretary of the qualified data center for the first data center building, and
3531	3531	3514expiring at the end of the twentieth full calendar year following the calendar year in which the
3532	3532	3515certification became effective; provided, that if the qualified data center is comprised of more
3533	3533	3516than 1 data center building, the qualification period for each subsequent data center building that
3534	3534	3517is constructed at the qualified data center facility shall start when each data center building
3535	3535	3518begins commercial operations, as evidenced by receipt of a certificate of occupancy, and shall 163 of 227
3536	3536	3519continue for a period of 20 full calendar years, expiring at the end of the twentieth full calendar
3537	3537	3520year following the calendar year each respective data center building began commercial
3538	3538	3521operations.
3539	3539	3522 “Secretary”, the secretary of economic development.
3540	3540	3523 “Substantially refurbished”, a rebuild, modification or construction of not less than
3541	3541	3524100,000 square feet of an existing facility that is a qualified data center where the total eligible
3542	3542	3525qualified data center costs are not less than $50,000,000 within a 10-year period from the
3543	3543	3526effective date of the certification by the secretary as a qualified data center facility, including, but
3544	3544	3527not limited to: (i) installation of computer information technology equipment, networking, data
3545	3545	3528processing or data storage, including servers and routers, environmental control, computer
3546	3546	3529software and energy efficiency improvements; and (ii) building improvements.
3547	3547	3530 (3) The commissioner shall promulgate regulations necessary for the administration of
3548	3548	3531this paragraph.
3549	3549	3532 SECTION 120A. Section 1A of chapter 69 of the General Laws, as so appearing, is
3550	3550	3533hereby amended by adding the following paragraph:-
3551	3551	3534 The commissioner shall require each district to: (i) notify students, prior to graduating
3552	3552	3535from high school, of the availability of the free application for federal student aid, known as the
3553	3553	3536FAFSA; (ii) provide students with information on financial aid options for post-secondary
3554	3554	3537education; and (iii) provide students with instructions for completing the FAFSA. The
3555	3555	3538commissioner shall provide guidance to districts related to the implementation of this paragraph
3556	3556	3539regarding the distribution of information concerning the FAFSA and information to parents and 164 of 227
3557	3557	3540guardians related to all options for financial assistance for high school students contemplating a
3558	3558	3541post-secondary education.
3559	3559	3542 SECTION 121. Chapter 98 of the General Laws is hereby amended by adding the
3560	3560	3543following section:-
3561	3561	3544 Section 59. (a) For the purposes of this section, the following words shall, unless the
3562	3562	3545context clearly requires otherwise, have the following meanings:
3563	3563	3546 “Charging session”, an event starting when a customer of an EVSE initiates a purchase of
3564	3564	3547electric vehicle charging services from an EVSE and ends when either the EVSE or the customer
3565	3565	3548ends the continuous transfer of electric vehicle charging services to that customer’s electric
3566	3566	3549vehicle.
3567	3567	3550 “Commercial electric vehicle charging station”, an EVSE, or a group of EVSEs, at a
3568	3568	3551certain location where every EVSE within that group is owned and operated by the same person
3569	3569	3552or entity and which requires users to pay the EVSE owner a fee for electric vehicle charging
3570	3570	3553services.
3571	3571	3554 “Director”, the director of standards in the office of consumer affairs and business
3572	3572	3555regulation.
3573	3573	3556 “Division”, the division of standards in the office of consumer affairs and business
3574	3574	3557regulation.
3575	3575	3558 “Electric vehicle”, a battery electric vehicle that draws propulsion energy solely from an
3576	3576	3559on-board electrical energy storage device during operation that is charged from an external
3577	3577	3560source of electricity or a plug-in hybrid electric vehicle with an on-board electrical energy 165 of 227
3578	3578	3561storage device that can be recharged from an external source of electricity which also has the
3579	3579	3562capability to run on another fuel.
3580	3580	3563 “Electric vehicle charging services”, the transfer of electric energy from an electric
3581	3581	3564vehicle charging station to a battery or other storage device in an electric vehicle and billing
3582	3582	3565services, networking and operation and maintenance.
3583	3583	3566 “Electric vehicle supply equipment” or “EVSE”, a device or system designed and used
3584	3584	3567specifically to transfer electrical energy to an electric vehicle, either as charge transferred
3585	3585	3568through physical or wireless connection, by loading a fully charged battery, or by other means.
3586	3586	3569 “EVSE connector”, a cable and connector combination that carries electrical current from
3587	3587	3570a commercial electric vehicle charging station’s enclosure to the port of an electric vehicle.
3588	3588	3571 “EVSE owner”, any person owning, in whole or in part, a commercial electric vehicle
3589	3589	3572charging station in the commonwealth.
3590	3590	3573 “Network roaming”, the act of a member of 1 electric vehicle charging station billing
3591	3591	3574network using a charging station that is outside of the member’s billing network with the
3592	3592	3575member’s billing network account information.
3593	3593	3576 (b)(1) An EVSE owner shall register, on a form created by the division, a commercial
3594	3594	3577electric vehicle charging station with the division prior to offering electric vehicle charging
3595	3595	3578services to the public. The division shall set the length of the term of the registration by
3596	3596	3579regulation. An applicant for registration shall submit such registration in the manner determined
3597	3597	3580by the division along with the appropriate registration fee established pursuant to subsection (d). 166 of 227
3598	3598	3581 (2) No person shall operate a commercial electric vehicle charging station without first
3599	3599	3582registering the device with the division. An EVSE owner who owns more than 1 commercial
3600	3600	3583electric vehicle charging station in the commonwealth shall separately register each commercial
3601	3601	3584electric vehicle charging station. The registrant shall notify the division within 30 days if the
3602	3602	3585station is sold or ownership is otherwise transferred, if the operator changes or if the station
3603	3603	3586ceases operation.
3604	3604	3587 (c) The registration form may include the commercial electric vehicle charging station’s
3605	3605	3588street address, geographic location, hours of operation, charging level, the number, make and
3606	3606	3589model for each EVSE, the number and type of connectors for each EVSE, hardware
3607	3607	3590compatibility for each EVSE, accepted methods of payment and any other information the
3608	3608	3591division finds necessary.
3609	3609	3592 (d) The division shall establish a fee schedule for registrations, renewals and inspections,
3610	3610	3593including the imposition of late charges when appropriate, by regulation. The division may retain
3611	3611	3594such registration fees and fines it collects to support its operations.
3612	3612	3595 (e) An EVSE owner shall display, on each EVSE clearly visible to a user of that EVSE,
3613	3613	3596the price per kilowatt-hours of the electric vehicle charging services and any other costs a user
3614	3614	3597might encounter when purchasing electric vehicle charging services from the EVSE. The price
3615	3615	3598shown on such display shall display any taxes imposed on the sale of the charging services. No
3616	3616	3599sign, advertising material or other display or product that is placed upon, above or around an
3617	3617	3600EVSE shall directly or indirectly obscure the posted price.
3618	3618	3601 (f) No EVSE owner shall sell electric vehicle charging services at any price other than the
3619	3619	3602price so posted at the time of the sale. Any EVSE owner who sells electric vehicle charging 167 of 227
3620	3620	3603services to a customer from an EVSE shall display on each EVSE, at a location and in a manner
3621	3621	3604clearly visible to a user of that EVSE, the total volume of electricity transferred during each
3622	3622	3605charging session. Any advertisement, statement or display of electric vehicle charging services
3623	3623	3606prices shall display the total price, including any taxes, usage fees and any membership fees
3624	3624	3607required to obtain the price displayed.
3625	3625	3608 (g)(1) The director and the division’s inspectors shall have the power to test, inspect and
3626	3626	3609seal all EVSEs in accordance with standards set forth in the most recent publication of the
3627	3627	3610National Institute of Standards and Technology Handbook 44 as adopted by the National
3628	3628	3611Conference on Weights and Measures. Notwithstanding any other general law or special law to
3629	3629	3612the contrary, said testing, inspection and sealing shall be the sole responsibility of the division.
3630	3630	3613All EVSE connectors and related equipment and systems shall meet all the applicable
3631	3631	3614requirements contained in the most recent publication of the National Institute of Standards and
3632	3632	3615Technology Handbook 44.
3633	3633	3616 (2) All EVSE connectors and related equipment and systems, which the division
3634	3634	3617determines have met the standard contained herein shall be marked in a manner visible to
3635	3635	3618consumers, as determined by the division. The division shall also affix a security seal to said
3636	3636	3619EVSE pursuant to the standards contained in the most recent publication of National Institute of
3637	3637	3620Standards and Technology Handbook 44.
3638	3638	3621 (h) The division may adopt, amend, alter or repeal and shall enforce all such reasonable
3639	3639	3622orders, rules and regulations as may be necessary or suitable for the administration and
3640	3640	3623enforcement of this section and the division may, in such administration and enforcement, at any
3641	3641	3624time cause to be made by its agents or representatives an audit, examination or investigation of 168 of 227
3642	3642	3625the books, records, papers, vouchers, accounts and documents of any EVSE owner, who shall
3643	3643	3626make them available, upon oral or written demand, to the division or any of its duly authorized
3644	3644	3627agents or representatives. Every EVSE owner shall keep such records as may be prescribed by
3645	3645	3628the orders, rules or regulations adopted by the division.
3646	3646	3629 (i) A violation of any provision of this section shall be subject to a penalty of a civil
3647	3647	3630citation of not more than $5,000 pursuant to section 29A. Upon the second violation of this
3648	3648	3631section, the division may, in addition to assessing a civil citation, suspend the right of such
3649	3649	3632registrant to engage in the business of selling electric vehicle charging services for a period not
3650	3650	3633exceeding 3 months and upon the third or subsequent violation, in addition to assessing a civil
3651	3651	3634citation, suspend such right for a period not exceeding 1 year. Any party aggrieved by any action
3652	3652	3635of the division pursuant to this subsection may appeal in accordance with section 29A.
3653	3653	3636 (j) All EVSE connectors and related equipment and systems which cannot be made to
3654	3654	3637conform to the standard described in subsection (g) shall be taken out of service and marked or
3655	3655	3638labelled in a manner by the division until it meets such standard. Whoever removes said mark or
3656	3656	3639label without the consent of the person affixing the same shall be punished by a fine of not more
3657	3657	3640than $5,000 or shall be subject to a civil citation as provided in section 29A.
3658	3658	3641 (k) The owner or operator of a commercial electric vehicle charging station shall provide
3659	3659	3642payment options that allow access to the charging station by the general public. A person shall
3660	3660	3643not be required to pay a subscription fee to use a commercial electrical vehicle charging station
3661	3661	3644or be required to obtain a membership in a club, association or organization as a condition of
3662	3662	3645using the station; provided, however, that owners and operators of a commercial electrical 169 of 227
3663	3663	3646vehicle charging station may have separate price schedules conditioned on a subscription or
3664	3664	3647membership.
3665	3665	3648 (l) The owner or operator of a public electric vehicle charging station or a designee shall
3666	3666	3649disclose on an ongoing basis to the United States Department of Energy National Renewable
3667	3667	3650Energy Laboratory or other publicly available database designated by the division in consultation
3668	3668	3651with the department of energy resources, the station’s geographic location, hours of operation,
3669	3669	3652charging level, hardware compatibility, schedule of fees, accepted methods of payment and the
3670	3670	3653amount of network roaming charges for nonmembers, if any.
3671	3671	3654 SECTION 121A. Chapter 112 of the General Laws is hereby amended by inserting after
3672	3672	3655section 91 the following section:-
3673	3673	3656 Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a
3674	3674	3657registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i)
3675	3675	3658designated by an approved chiropractic school or college as an instructor; and (ii) the
3676	3676	3659chiropractor of record at the chiropractic facility to which a student extern is assigned.
3677	3677	3660 (b) An individual that is a current student enrolled in the final academic year at a
3678	3678	3661chiropractic school or college approved by the board may practice the full scope of chiropractic
3679	3679	3662under the direct supervision of a preceptor chiropractor; provided, that the student extern shall
3680	3680	3663have: (i) completed all academic and clinical class requirements for the degree of doctor of
3681	3681	3664chiropractic from a chiropractic school or college approved by the board; and (ii) passed at least
3682	3682	36653 of the 4 levels of the examinations administered by the National Board of Chiropractic
3683	3683	3666Examiners. 170 of 227
3684	3684	3667 (c) The student extern shall practice under the direct supervision and license of the
3685	3685	3668preceptor chiropractor and shall not be authorized to sign legal documents generally signed by
3686	3686	3669the preceptor chiropractor; provided, however, that the board, in its discretion, may authorize a
3687	3687	3670student extern to practice chiropractic pursuant to this section at more than 1 chiropractic facility.
3688	3688	3671An individual may be authorized by the board to practice chiropractic as a student extern for not
3689	3689	3672less than 4 weeks and not more than 16 weeks during the student’s final academic year.
3690	3690	3673 SECTION 121B. Section 131 of said chapter 112, as appearing in the 2022 Official
3691	3691	3674Edition, is hereby amended by striking out, in lines 6 and 7, the words “has passed an
3692	3692	3675examination prepared by the board for this purpose;”.
3693	3693	3676 SECTION 121C. Said section 131 of said chapter 112, as amended by section 121A, is
3694	3694	3677hereby further amended by inserting after the words “educational institution” the following
3695	3695	3678words:- has passed an examination prepared by the board for this purpose.
3696	3696	3679 SECTION 121D. Section 132 of said chapter 112, as appearing in the 2022 Official
3697	3697	3680Edition, is hereby amended by striking out, in lines 1 and 2, the words “Examinations for
3698	3698	3681licensed certified social workers, including those in independent clinical practice” and inserting
3699	3699	3682in place thereof the following words:- Examinations for licensed independent clinical social
3700	3700	3683workers.
3701	3701	3684 SECTION 121E. Said section 132 of said chapter 112, as amended by section 121C, is
3702	3702	3685hereby further amended by striking out the words “Examinations for licensed independent
3703	3703	3686clinical social workers” and inserting in place thereof the following words:- Examinations for
3704	3704	3687licensed certified social workers, including those in independent clinical practice. 171 of 227
3705	3705	3688 SECTION 121F. Said chapter 112 is hereby further amended by inserting after section
3706	3706	3689135C the following section:-
3707	3707	3690 Section 135D. (a) To ensure a stable, diverse workforce of licensed social workers in the
3708	3708	3691commonwealth and to provide for increased support and retention of practicing licensed social
3709	3709	3692workers, the executive office of health and human services shall establish and administer a field
3710	3710	3693placement grant program. The program shall, subject to appropriation, provide grant funding to
3711	3711	3694designated recipients with a specific focus on recruiting and retaining students obtaining a
3712	3712	3695master’s of social work from historically marginalized and low-income communities. Funds to
3713	3713	3696establish this program shall be allocated from state, federal or other dedicated resources,
3714	3714	3697including, but not limited to, existing trust funds.
3715	3715	3698 (b)(1) Eligible applicants shall attend a school of social work master’s program located in
3716	3716	3699the commonwealth and accredited by the Council on Social Work Education.
3717	3717	3700 (2) Applicants shall submit:
3718	3718	3701 (i) applicant demographic background information, including, but not limited to, race,
3719	3719	3702ethnicity, geographic location in the commonwealth and date of birth for purposes of data
3720	3720	3703collection;
3721	3721	3704 (ii) applicant’s school of social work, type of master’s program and grade point average;
3722	3722	3705 (iii) a stated and signed commitment to working in commonwealth post-graduation for at
3723	3723	3706least 2 years; and
3724	3724	3707 (iv) a 1-page statement on the importance of this stipend to the applicant and how the
3725	3725	3708grant will support their educational goals and the workforce needs of the commonwealth. 172 of 227
3726	3726	3709 (3) Applicant data, including application details submitted, shall be tracked by the
3727	3727	3710executive office to evaluate program efficacy.
3728	3728	3711 (c) The field placement grant program shall prioritize first-generation college students
3729	3729	3712and students from underrepresented communities in the social worker profession. Applications
3730	3730	3713shall be submitted and considered on a rolling basis beginning January 1 and ending March 1 of
3731	3731	3714each year. Recipients of stipends shall be notified not later than April 15.
3732	3732	3715 (d) Stipends shall be allocated as follows:
3733	3733	3716 (i) a current master’s of social work student in good standing completing their first-year
3734	3734	3717field placement of 16 hours per week shall be eligible for a monthly stipend of $1,000, not to
3735	3735	3718exceed $8,000 annually;
3736	3736	3719 (ii) a current master’s of social work student in good standing completing their second-
3737	3737	3720year field placement of 24 hours per week shall be eligible for a monthly stipend of $2,000, not
3738	3738	3721to exceed a total of $16,000 annually; and
3739	3739	3722 (iii) advanced standing students who are only required to conduct 1 field placement shall
3740	3740	3723be eligible for the second-year field placement stipend pursuant to clause (ii).
3741	3741	3724 SECTION 121G. Section 136 of said chapter 112, as appearing in the 2022 Official
3742	3742	3725Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-
3743	3743	3726 Licensed independent clinical social workers engaged in independent clinical practice
3744	3744	3727who provide 1-on-1 supervision to a licensed certified social worker, master’s of social work
3745	3745	3728intern or bachelors of social work intern, shall be eligible to receive up to 8 continuing education
3746	3746	3729credits during a licensing period. 173 of 227
3747	3747	3730 SECTION 122. Section 2 of chapter 128 of the General Laws, as appearing in the 2022
3748	3748	3731Official Edition, is hereby amended by striking out, in line 78, the word “October” and inserting
3749	3749	3732in place thereof the following word:- December.
3750	3750	3733 SECTION 123. Section 5 of chapter 128A of the General Laws, as so appearing, is
3751	3751	3734hereby amended by inserting after the word “racing”, in line 257, the following words:- or
3752	3752	3735simulcasting under chapter 128C.
3753	3753	3736 SECTION 124. Subsection (5) of section 2 of chapter 128C of the General Laws, as most
3754	3754	3737recently amended by section 6 of chapter 26 of the acts of 2023, is hereby further amended by
3755	3755	3738striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- The
3756	3756	3739running horse racing meeting licensee located in Suffolk county and Worcester county may
3757	3757	3740simulcast at any location in Suffolk county or Worcester county, respectively, approved by the
3758	3758	3741commission: (a) unlimited running horse racing; and (b) on any day during the calendar year,
3759	3759	3742unlimited harness horse racing, except during live racing performances of the harness horse
3760	3760	3743racing licensee located in Norfolk county. The Suffolk county and Worcester county horse racing
3761	3761	3744licensee shall simulcast the racing cards of the harness horse racing licensee located in Norfolk
3762	3762	3745county and shall pay a fee of 11 per cent for the intrastate racing cards, and shall pay a 2 per cent
3763	3763	3746premium with respect to any interstate harness horse simulcasts received, over and above the
3764	3764	3747costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk
3765	3765	3748county or Worcester county licensee and identified in its annual application for a racing meeting
3766	3766	3749license, during which no premium need be paid.
3767	3767	3750 SECTION 124A. Said chapter 128C is hereby further amended by adding the following
3768	3768	3751section:- 174 of 227
3769	3769	3752 Section 10. (a) Notwithstanding sections 1 to 8, inclusive, or any other general or special
3770	3770	3753law to the contrary, no racing meeting licensee, including licensees holding racing meetings in
3771	3771	3754connection with a state or county fair as defined in section 1 of chapter 128A, shall be required
3772	3772	3755to pay any fees or other money into the greyhound capital improvements trust fund or the
3773	3773	3756greyhound promotional trust fund.
3774	3774	3757(b) All amounts in the greyhound capital improvements trust fund and the greyhound
3775	3775	3758promotional trust fund attributable to any greyhound dog racing meeting licensees shall be
3776	3776	3759returned by the Massachusetts Gaming Commission to the licensees without further condition.
3777	3777	3760 SECTION 125. Section 19A of chapter 138 of the General Laws, as appearing in the
3778	3778	37612022 Official Edition, is hereby amended by striking out, in line 3, the words “19C or 19D” and
3779	3779	3762inserting in place thereof the following words:- 19C, 19D or 19E.
3780	3780	3763 SECTION 126. Chapter 140 of the General Laws is hereby amended by striking out
3781	3781	3764section 182A and inserting in place thereof the following section:-
3782	3782	3765 Section 182A. (a) Every ticket of admission or other evidence of right of entry to any
3783	3783	3766theatrical exhibition, public show or public amusement or exhibition required to be licensed by
3784	3784	3767sections 181 and 182, for admission to which a price is charged, shall bear on its face the price
3785	3785	3768charged for such ticket or other evidence of right of entry by the person issuing the same or
3786	3786	3769causing the same to be issued. Whoever issues or causes to be issued such a ticket or other
3787	3787	3770evidence of right of entry in violation of this section shall be punished by a fine of not more than
3788	3788	3771$500.
3789	3789	3772 (b)(1) No person, firm, corporation or other entity shall employ a paperless ticketing
3790	3790	3773system unless the consumer is given an option at the time of initial sale to purchase the same 175 of 227
3791	3791	3774paperless tickets in transferable form that the consumer can transfer at any price, and at any time,
3792	3792	3775and without additional fees.
3793	3793	3776 (2) The established price for any given ticket shall be the same regardless of the form or
3794	3794	3777transferability of such ticket.
3795	3795	3778 (3) The ability for a ticket to be transferred shall not constitute a special service for the
3796	3796	3779purpose of imposing a service charge subject to section 185D. It shall be unlawful to penalize,
3797	3797	3780discriminate against or deny access to a ticket buyer on the basis that the ticket was transferred or
3798	3798	3781resold, including if the ticket was transferred or resold independent from the initial sale ticketing
3799	3799	3782system.
3800	3800	3783 (4) Nothing in this subsection shall limit or restrict a venue operator or primary ticket
3801	3801	3784issuer from imposing requirements on the ticketing platform and technology used by ticket
3802	3802	3785holders for entry.
3803	3803	3786 (c) Notwithstanding subsection (b), an operator of any such theatrical exhibition, public
3804	3804	3787show or public amusement or exhibition, or such operator’s agent, may offer paperless tickets
3805	3805	3788that do not allow for transferability; provided, that: (i) those tickets shall be sold or given to
3806	3806	3789individuals or groups as part of a private event or a targeted promotion at a discounted price
3807	3807	3790offered because of the individual’s or group’s status or affiliation with religious or charitable
3808	3808	3791institutions, societies or organizations or civic leagues or organizations not organized for profit
3809	3809	3792but operated exclusively for the promotion of social welfare, associations of veterans of any wars
3810	3810	3793of the United States, students, or groups or individuals characterized by a disability or economic
3811	3811	3794hardship and tickets issued through a non-transferable ticketing system pursuant to the
3812	3812	3795exemption in this subsection shall not be offered promotionally to the general public and shall be 176 of 227
3813	3813	3796clearly marked as a ticket restricted to the specified individual or group; or (ii) such tickets shall
3814	3814	3797be included in a membership pass at a discounted price offered by a professional sports
3815	3815	3798organization for seating in venues or stadiums with a fixed capacity of not less than 19,000 seats
3816	3816	3799that guarantees entry to a specified number of events in a specified time period with seat
3817	3817	3800assignments: (A) assigned not more than 4 hours prior to the commencement of the event; and
3818	3818	3801(B) variable from game to game and not intended for season ticket holders. Tickets provided
3819	3819	3802under a membership pass may be restricted from being transferred or resold, including through
3820	3820	3803the operator or operator’s agents, and shall be clearly marked as such prior to initial offering or
3821	3821	3804sale. Such membership pass shall not mean a subscription or season ticket package offered for
3822	3822	3805sale and shall not result in the sale of more than 5 per cent of the maximum amount of all seats
3823	3823	3806that will be made available at a venue for a particular event to be sold under this subsection.
3824	3824	3807 (d) A ticket of admission to a theatrical exhibition, public show or public amusement or
3825	3825	3808exhibition shall be considered a license. Venue operators, or operators’ agents, may maintain and
3826	3826	3809enforce policies and conditions or requirements for ticket purchase with respect to conduct,
3827	3827	3810behavior, public health and safety or age at the venue or event and may establish limits on the
3828	3828	3811quantity of tickets that may be purchased.
3829	3829	3812 (e) The commissioner of the division of occupational licensure may undertake
3830	3830	3813functionality testing, audits and other measures to ensure that a paperless ticketing system used
3831	3831	3814for entry access to theatrical exhibitions, public shows or public amusements or exhibitions
3832	3832	3815meets reasonable standards of reliability for providing entry to persons with verified authentic
3833	3833	3816paperless tickets. 177 of 227
3834	3834	3817 SECTION 127. Said chapter 140 is hereby further amended further by striking out
3835	3835	3818sections 185A to 185D, inclusive, and inserting in place thereof the following 4 sections:-
3836	3836	3819 Section 185A. (a) No person shall engage in the business of reselling or facilitating a
3837	3837	3820mechanism for 2 or more parties to participate in the resale of any ticket of admission to any
3838	3838	3821theatrical exhibition, public show or public amusement or exhibition required to be licensed
3839	3839	3822under sections 181 and 182 or under chapter 128A, whether such business is conducted on or off
3840	3840	3823the premises on which such ticket or other evidence is to be used, without being licensed by the
3841	3841	3824commissioner of occupational licensure; provided, however, that any primary ticket issuer and
3842	3842	3825any operator or manager of a website or other platform to facilitate resale, or resale through a
3843	3843	3826competitive bidding process, solely between third parties and that does not in any other manner
3844	3844	3827engage in reselling of tickets shall be exempt from said licensing requirements.
3845	3845	3828 (b) A license shall be granted only upon a written application setting forth such
3846	3846	3829information as the commissioner of occupational licensure may require. Each license issued
3847	3847	3830under this section shall be in force until the first day of January next after its date, unless sooner
3848	3848	3831revoked. No such license shall be transferred or assigned except upon written permission of the
3849	3849	3832commissioner of occupational licensure. The sale of a ticket or pass, entitling the holder of said
3850	3850	3833ticket or pass to admission to any such theatrical exhibition, public show or public amusement or
3851	3851	3834exhibition upon payment either of nothing or a sum less than that demanded of the public
3852	3852	3835generally, shall be deemed to be a resale pursuant to subsection (a).
3853	3853	3836 Section 185B. (a) The fee for each license granted under section 185A and for each
3854	3854	3837annual renewal thereof shall be determined annually by the secretary of administration and
3855	3855	3838finance under section 3B of chapter 7 for the filing thereof. 178 of 227
3856	3856	3839 (b) If any licensee demonstrates that their business provides a service to facilitate ticket
3857	3857	3840transactions without charging any fees or surcharges above the established face value ticket
3858	3858	3841price, on every transaction, except a reasonable and actual service charge for the delivery of
3859	3859	3842tickets, then the fees for licensing shall be waived.
3860	3860	3843 (c)(1) The applicant for a license shall file with the application a bond in the penal sum of
3861	3861	3844$25,000, which bond shall be approved by the commissioner of occupational licensure. Each
3862	3862	3845such bond shall be conditioned that the obligor: (i) shall not be guilty of any fraud or extortion;
3863	3863	3846(ii) shall not violate directly or indirectly any of the provisions of sections 185A through 185F,
3864	3864	3847inclusive, or any of the provisions of the license provided for in said sections; (iii) shall comply
3865	3865	3848with the provisions of said sections 185A through 185F, inclusive; and (iv) shall pay all damages
3866	3866	3849occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or
3867	3867	3850any unlawful act or omission that such obligor or their agents or employees, while acting within
3868	3868	3851the scope of their employment, made, committed or omitted in connection with said sections in
3869	3869	3852the business conducted under such license or caused by any other violation in carrying on the
3870	3870	3853business for which such license is granted. One or more recoveries or payments upon such bond
3871	3871	3854shall not vitiate the same but such bond shall remain in full force and effect; provided, however,
3872	3872	3855that the aggregate amount of all such recoveries or payments shall not exceed the penal sum
3873	3873	3856thereof.
3874	3874	3857 (2) Before the commissioner shall draw upon such bond, the commissioner of
3875	3875	3858occupational licensure shall issue a determination in writing which shall include the basis of such
3876	3876	3859action. The commissioner of occupational licensure shall notify in writing the licensee of any
3877	3877	3860such determination and shall afford the licensee an opportunity to respond within 20 days of the
3878	3878	3861receipt of such determination. In no event may the bond be drawn upon in less than 25 days after 179 of 227
3879	3879	3862the service of a determination to the licensee. Such written notice may be served by delivery
3880	3880	3863thereof personally to the licensee or by certified mail to the last known business address of such
3881	3881	3864licensee. Only upon such determination of the commissioner shall money be withdrawn from the
3882	3882	3865bond.
3883	3883	3866 (3) The commencement of any action against the surety upon any such bond for a sum or
3884	3884	3867sums aggregating or exceeding the amount of such bond shall require a new and additional bond
3885	3885	3868in like amount as the original bond, which shall be filed within 30 days after the demand
3886	3886	3869therefor.
3887	3887	3870 (4) Failure to file such bond within such period shall constitute cause for the revocation
3888	3888	3871of the license theretofore issued to the licensee upon whom such demand shall have been made.
3889	3889	3872 (5) Any suit or action against the surety on any bond required by this section shall be
3890	3890	3873commenced within 1 year after the cause of action shall have accrued.
3891	3891	3874 Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean
3892	3892	3875any machine, device, computer program or computer software that, on its own or with human
3893	3893	3876assistance, bypasses security measures or access control systems on a retail ticket purchasing
3894	3894	3877platform, or other controls or measures on a retail ticket purchasing platform that assist in
3895	3895	3878implementing a limit on the number of tickets that can be purchased, to purchase tickets.
3896	3896	3879 (b) The commissioner of occupational licensure, after notice to the licensee and
3897	3897	3880reasonable opportunity to be heard, may revoke a license or may suspend the license for such
3898	3898	3881period as the commissioner may deem proper, upon satisfactory proof that the licensee has
3899	3899	3882violated or permitted a violation of any condition of the license or of any rule or regulation of the 180 of 227
3900	3900	3883commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to
3901	3901	3884receive a license for 1 year after the expiration of the term of the license so revoke.
3902	3902	3885 (c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing
3903	3903	3886software to purchase tickets. Any person, firm, corporation or other entity who knowingly
3904	3904	3887utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty in an
3905	3905	3888amount not less than $500 per violation and shall forfeit all profits made from the sale of any
3906	3906	3889such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee
3907	3907	3890who is adjudicated guilty of the following acts shall have their license revoked and may be
3908	3908	3891barred from licensure for a period not to exceed 3 years if such licensee: (i) knowingly utilized
3909	3909	3892ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a
3910	3910	3893ticket that such licensee knew was obtained using ticket purchasing software; or (iii)
3911	3911	3894intentionally maintained any interest in or maintained any control of the operation of ticket
3912	3912	3895purchasing software to purchase tickets.
3913	3913	3896 (d) Any person, firm, corporation or other entity that has knowledge of the use of ticket
3914	3914	3897purchasing software in violation of this chapter and fails to notify the office of the attorney
3915	3915	3898general within 30 days shall be subject to a civil penalty in the amount of $500 per violation.
3916	3916	3899 Section 185D. (a) For the purpose of this section, “service charges” shall mean costs
3917	3917	3900incurred by a licensee related solely to the procuring and selling of such ticket and not related to
3918	3918	3901the general business operation of the licensee. Service charges shall include, but shall not be
3919	3919	3902limited to, charges for messengers, postage and long-distance telephone calls, extensions of
3920	3920	3903credit and costs attributable thereto. 181 of 227
3921	3921	3904 (b) No licensee under section 185A shall sell tickets or facilitate the sale, resell or
3922	3922	3905facilitate the resale of any ticket to any theatrical exhibition, public show or public amusement or
3923	3923	3906exhibition of any description without a guarantee to each purchaser of such sold or resold tickets
3924	3924	3907that they shall provide a full refund of the amount paid by the purchaser, including, but not
3925	3925	3908limited to all service charges if any of the following occurs: (i) the event for which such ticket
3926	3926	3909has been sold or resold is cancelled; (ii) the ticket received by the purchaser does not grant the
3927	3927	3910purchaser admission to the event described on the ticket; (iii) the ticket was not delivered to the
3928	3928	3911purchaser prior to the occurrence of the event, unless such failure of delivery was due to an act or
3929	3929	3912omission of the purchaser; or (iv) the ticket fails to conform to its description as advertised
3930	3930	3913unless the purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket
3931	3931	3914to the same event that is in a comparable location, where applicable, and at no additional cost to
3932	3932	3915the consumer, shall be considered providing a full refund for the purposes of this section.
3933	3933	3916 (c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket
3934	3934	3917price stated in dollars that represents a service charge or any other fee or surcharge to the
3935	3935	3918purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior
3936	3936	3919to the ticket being selected for purchase. Disclosures of subtotals, fees, charges and any other
3937	3937	3920component of the total price shall not be false or misleading and may not be presented more
3938	3938	3921prominently or in the same or larger size as the total price.
3939	3939	3922 (d) Any person, firm, corporation or other entity who violates this section may be barred
3940	3940	3923from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not
3941	3941	3924more than $5,000 per violation. 182 of 227
3942	3942	3925 (e) The imposition of a fee, on an annual or per order basis, for customers purchasing
3943	3943	3926tickets other than by immediate payment therefor in cash, which includes a membership fee,
3944	3944	3927office expenses and the cost of processing credit card orders, shall not be deemed a violation of
3945	3945	3928this section.
3946	3946	3929 SECTION 128. Section 185E of said chapter 140, as appearing in the 2022 Official
3947	3947	3930Edition, is hereby amended by inserting after the second sentence, the following sentence:- A
3948	3948	3931licensee shall keep full and accurate sets of records showing: (i) the prices at which all tickets
3949	3949	3932have been bought and sold by such licensee; and (ii) the names and addresses of the person, firm
3950	3950	3933or corporation from whom they were bought.
3951	3951	3934 SECTION 129. Section 4 of chapter 142A of the General Laws, as so appearing, is
3952	3952	3935hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the
3953	3953	3936following figure:- 5.
3954	3954	3937 SECTION 130. Section 5 of said chapter 142A, as so appearing, is hereby amended by
3955	3955	3938inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to
3956	3956	3939section 4.
3957	3957	3940 SECTION 131. Said section 5 of said chapter 142A, as so appearing, is hereby further
3958	3958	3941amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all
3959	3959	3942customary and reasonable efforts to collect the judgment but the contractor has filed for
3960	3960	3943bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after
3961	3961	3944execution” and inserting in place thereof the following words:- contractor has failed to pay the
3962	3962	3945judgment or award and the director has determined that reasonable efforts to collect have been
3963	3963	3946made. 183 of 227
3964	3964	3947 SECTION 132. Section 7 of said chapter 142A, as so appearing, is hereby amended by
3965	3965	3948striking out the first paragraph and inserting in place thereof the following paragraph:-
3966	3966	3949 An owner may make a claim to the fund only if the owner has complied with section 3,
3967	3967	3950has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7
3968	3968	3951years from the date of the contract, the contractor has failed to pay the judgment or award and
3969	3969	3952the director has determined that reasonable efforts to collect have been made.
3970	3970	3953 SECTION 133. Said section 7 of said chapter 142A, as so appearing, is hereby further
3971	3971	3954amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in
3972	3972	3955place thereof the following figure:- $25,000.
3973	3973	3956 SECTION 134. Said section 7 of said chapter 142A, as so appearing, is hereby further
3974	3974	3957amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars”, each time
3975	3975	3958they appear, and inserting in place thereof, in each instance, the following figure:- $150,000.
3976	3976	3959 SECTION 135. Section 9 of said chapter 142A, as so appearing, is hereby amended by
3977	3977	3960adding the following subsection:-
3978	3978	3961 (e) Prior to approving any application for registration or renewal conforming to the
3979	3979	3962requirements of this chapter, the director shall refer identifying information regarding an
3980	3980	3963applicant to the department of criminal justice information services, which shall obtain criminal
3981	3981	3964offender record information but shall transmit to the director only information regarding any
3982	3982	3965conviction of the applicant of gross fraud or cheat at common law, as defined in section 76 of
3983	3983	3966chapter 266.
3984	3984	3967 SECTION 136. Section 15 of said chapter 142A is hereby repealed. 184 of 227
3985	3985	3968 SECTION 137. Section 17 of said chapter 142A, as appearing in the 2022 Official
3986	3986	3969Edition, is hereby amended by striking out clause (17) and inserting in place thereof the
3987	3987	3970following 4 clauses:-
3988	3988	3971 (17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266;
3989	3989	3972 (18) having a license, certificate, registration or authority issued by another state or
3990	3990	3973territory of the United States, the District of Columbia or a foreign state or nation with authority
3991	3991	3974to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not
3992	3992	3975renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the
3993	3993	3976action would constitute a basis for disciplinary action in the commonwealth;
3994	3994	3977 (19) failing to repay the fund in full, including the appropriate amount of annual interest,
3995	3995	3978for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or
3996	3996	3979 (20) violating any other provision of this chapter.
3997	3997	3980 SECTION 138. Said section 17 of said chapter 142A, as so appearing, is hereby further
3998	3998	3981amended by adding the following paragraph:-
3999	3999	3982 For purposes of this section, the conduct of a contractor or subcontractor shall be deemed
4000	4000	3983to include the conduct of their agents, employees, salespersons or subcontractors, whether or not
4001	4001	3984an express relationship exists, if the work or activities is within the scope of the contract and not
4002	4002	3985for additional work beyond the contract undertaken by separate agreement with the owner.
4003	4003	3986 SECTION 139. The first paragraph of section 18 of said chapter 142A, as so appearing, is
4004	4004	3987hereby amended by adding the following sentence:- The director may also enter into a consent 185 of 227
4005	4005	3988agreement with a registrant to impose 1 or more administrative penalties, including, but not
4006	4006	3989limited to, voluntary revocation of the registration.
4007	4007	3990 SECTION 140. Chapter 147 of the General Laws is hereby amended by striking out
4008	4008	3991section 36 and inserting in place thereof the following 3 sections:-
4009	4009	3992 Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative
4010	4010	3993sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed
4011	4011	3994under this section and sections 35 and 35A. There shall also be in attendance not less than 3
4012	4012	3995duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for
4013	4013	3996the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if,
4014	4014	3997in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be
4015	4015	3998rendered in favor of the contestant receiving a majority of the votes or, if neither receives a
4016	4016	3999majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision,
4017	4017	4000the vote of each judge shall be announced from the ring. The referee shall have full power to stop
4018	4018	4001the match or exhibition whenever they deem it advisable because of the physical condition of a
4019	4019	4002contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient
4020	4020	4003reason. The commission shall declare forfeited any prize, remuneration or purse or any part
4021	4021	4004thereof belonging to a contestant if, in the judgment of a majority of the commissioners after
4022	4022	4005consultation with the judges and the referee, the contestant was not competing in good faith. The
4023	4023	4006fees of the referee and other licensed officials shall be fixed by the commission and shall be paid
4024	4024	4007by the licensed organization prior to the match or exhibition.
4025	4025	4008 Section 36A. (a) The commission shall set forth rules and regulations for contracts
4026	4026	4009between a manager and an unarmed combatant and contracts between a promoter and an 186 of 227
4027	4027	4010unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a
4028	4028	4011promoter unless the contract is filed with the commission prior to a scheduled contest in an
4029	4029	4012amount of time established by the commission. The commission shall only honor a contract that
4030	4030	4013is executed and notarized on a form provided by the commission unless the contract terms
4031	4031	4014comply with the requirements set forth by the commission.
4032	4032	4015 (b) The commission shall have the authority and discretion to invalidate, enforce, mediate
4033	4033	4016or modify contracts pursuant to subsection (a). The commission may require that each contract
4034	4034	4017include language authorizing the commission to withhold any portion of a promoter’s or
4035	4035	4018manager’s share of a purse in the event of a contractual dispute with a contestant over their
4036	4036	4019entitlement to any portion of a purse.
4037	4037	4020 (c) The commission shall be the sole arbiter of a breach of contract and shall establish
4038	4038	4021rules governing the manner in which contract disputes shall be resolved.
4039	4039	4022 Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who
4040	4040	4023conducts themself at any time or place in a manner that is deemed by the commission to discredit
4041	4041	4024any unarmed combative sports, may have their license revoked and be fined, suspended or
4042	4042	4025otherwise disciplined in such manner as the commission may direct.
4043	4043	4026 SECTION 141. Said chapter 147 is hereby further amended by striking out section 39B
4044	4044	4027and inserting in place thereof the following section:-
4045	4045	4028 Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed
4046	4046	4029martial arts or other unarmed combative sports events, sparring matches or exhibitions, except
4047	4047	4030those persons to whom a special license may be granted thereunder without the requirement of a
4048	4048	4031bond or payment of the annual fee, shall take out a policy of accident insurance on each 187 of 227
4049	4049	4032contestant participating in the match or exhibition in an amount determined by the commission,
4050	4050	4033but not less than $10,000, to compensate the contestant for medical and hospital expenses
4051	4051	4034incurred as the result of injuries received in such match or exhibition and a policy in an amount
4052	4052	4035determined by the commission, but not less than $100,000, to be paid to the estate of a deceased
4053	4053	4036contestant in the event of the death of the contestant resulting from participation in the match or
4054	4054	4037exhibition. The premiums on the policies shall be paid by the licensee.
4055	4055	4038 SECTION 142. Subsection (4) of section 25Q of chapter 152 of the General Laws, as
4056	4056	4039appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:-
4057	4057	4040Subsection (1) shall not apply to groups that have been in existence for at least 5 years and have
4058	4058	4041established a premium payment plan acceptable to the commissioner.
4059	4059	4042 SECTION 142A. Chapter 175 of the General Laws is hereby amended by striking out
4060	4060	4043section 162Z and inserting in place thereof the following section:-
4061	4061	4044 Section 162Z. (a) As used in this section, the following words shall, unless the context
4062	4062	4045clearly requires otherwise, have the following meanings:
4063	4063	4046 “Designated responsible producer” or “DRP”, a person responsible for a limited lines
4064	4064	4047travel insurance producer’s compliance with travel insurance laws, rules and regulations.
4065	4065	4048 “Limited lines travel insurance producer”, a (i) licensed managing general agent or third-
4066	4066	4049party administrator; (ii) licensed insurance producer, including a limited lines producer; or (iii)
4067	4067	4050travel administrator. 188 of 227
4068	4068	4051 “Offer and disseminate”, to provide general information, including a description of the
4069	4069	4052coverage and price, as well as processing an application for travel insurance and collecting
4070	4070	4053premium payments.
4071	4071	4054 “Travel administrator”, a person who directly or indirectly underwrites, collects charges,
4072	4072	4055collateral or premiums from or adjusts or settles claims on residents of the commonwealth in
4073	4073	4056connection with travel insurance; provided, however, that a person shall not be considered a
4074	4074	4057travel administrator if that person’s only characteristic or action that would otherwise cause them
4075	4075	4058to be considered a travel administrator is 1 of the following:
4076	4076	4059 (i) a person working for a travel administrator to the extent that the person’s activities are
4077	4077	4060subject to the supervision and control of the travel administrator;
4078	4078	4061 (ii) an insurance producer selling insurance or engaged in administrative and claims-
4079	4079	4062related activities within the scope of the producer’s license;
4080	4080	4063 (iii) a travel retailer offering and disseminating travel insurance and registered under the
4081	4081	4064license of a limited lines travel insurance producer in accordance with this section;
4082	4082	4065 (iv) an individual adjusting or settling claims in the normal course of that individual’s
4083	4083	4066practice or employment as an attorney-at-law and who does not collect charges or premiums in
4084	4084	4067connection with insurance coverage; or
4085	4085	4068 (v) a business entity that is affiliated with a licensed insurer while acting as a travel
4086	4086	4069administrator for the direct and assumed insurance business of an affiliated insurer.
4087	4087	4070 “Travel insurance”, insurance coverage for personal risks incidental to planned travel
4088	4088	4071including: (i) an interruption or cancellation of trip or event; (ii) loss of baggage or personal 189 of 227
4089	4089	4072effects; (iii) damages to accommodations or rental vehicles; (iv) sickness, accident, disability or
4090	4090	4073death occurring during travel; (v) emergency evacuation; (vi) repatriation of remains; or (vii) any
4091	4091	4074other contractual obligations to indemnify or pay a specified amount to the traveler upon
4092	4092	4075determinable contingencies related to travel as approved by the commissioner; provided,
4093	4093	4076however, that “travel insurance” shall not include major medical plans which provide
4094	4094	4077comprehensive medical protection for travelers with trips lasting longer than 6 months,
4095	4095	4078including, but not limited to, people working or residing overseas as an expatriate or any other
4096	4096	4079product that requires a specific insurance producer license.
4097	4097	4080 “Travel retailer”, a business entity that makes, arranges or offers planned travel and may
4098	4098	4081offer and disseminate travel insurance as a service to its customers on behalf of and under the
4099	4099	4082direction of a limited lines travel insurance producer.
4100	4100	4083 (b)(1) The commissioner may issue to an individual or business entity a limited lines
4101	4101	4084travel insurance producer license if that individual or business entity has filed an application for
4102	4102	4085a limited lines travel insurance producer license with the commissioner in a form and manner
4103	4103	4086prescribed by the commissioner. A limited lines travel insurance producer license shall authorize
4104	4104	4087a limited lines travel insurance producer to sell, solicit or negotiate travel insurance through a
4105	4105	4088licensed insurer. No person may act as a limited lines travel insurance producer or travel retailer
4106	4106	4089unless properly licensed or registered, respectively.
4107	4107	4090 (2) A travel retailer may offer and disseminate travel insurance under a limited lines
4108	4108	4091travel insurance producer license if the following conditions are met:
4109	4109	4092 (i) the limited lines travel insurance producer or travel retailer provides to purchasers of
4110	4110	4093travel insurance: (A) a description of the material terms or the actual material terms of the 190 of 227
4111	4111	4094insurance coverage; (B) a description of the process for filing a claim; (C) a description of the
4112	4112	4095review or cancellation process for the travel insurance policy; and (D) the identity and contact
4113	4113	4096information of the insurer and limited lines travel insurance producer;
4114	4114	4097 (ii) at the time of licensure, the limited lines travel insurance producer shall establish and
4115	4115	4098maintain a register, on a form prescribed by the commissioner, of each travel retailer that offers
4116	4116	4099travel insurance on the limited lines travel insurance producer’s behalf; provided, however, that
4117	4117	4100the register shall be maintained and updated annually by the limited lines travel insurance
4118	4118	4101producer and shall include the name, address and contact information of the travel retailer, an
4119	4119	4102officer or person who directs or controls the travel retailer’s operations and the travel retailer’s
4120	4120	4103federal tax identification number; provided further, that the limited lines travel insurance
4121	4121	4104producer shall submit the register to the division of insurance upon reasonable request and shall
4122	4122	4105certify that the travel retailer register complies with 18 U.S.C. section 1033; and provided
4123	4123	4106further, that the grounds for the suspension, revocation and the penalties applicable to resident
4124	4124	4107insurance producers under this chapter and chapter 176D shall be applicable to the limited lines
4125	4125	4108travel insurance producers and travel retailers;
4126	4126	4109 (iii) the limited lines travel insurance producer has designated 1 of its employees, who is
4127	4127	4110a licensed individual producer, as the DRP;
4128	4128	4111 (iv) the DRP, president, secretary, treasurer and any other officer or person who directs or
4129	4129	4112controls the limited lines travel insurance producer’s insurance operations shall comply with the
4130	4130	4113fingerprinting requirements applicable to insurance producers in the resident state of the limited
4131	4131	4114lines travel insurance producer; 191 of 227
4132	4132	4115 (v) the limited lines travel insurance producer has paid all applicable insurance producer
4133	4133	4116licensing fees;
4134	4134	4117 (vi) the limited lines travel insurance producer requires each employee and authorized
4135	4135	4118representative of the travel retailer, whose duties include offering and disseminating travel
4136	4136	4119insurance, to receive a program of instruction or training, which may be subject, at the discretion
4137	4137	4120of the commissioner, to review and approval by the commissioner; provided, however, that the
4138	4138	4121training material shall, at a minimum, contain instructions on the types of insurance offered,
4139	4139	4122ethical sales practices and required disclosures to prospective customers.
4140	4140	4123 (c) Any travel retailer offering or disseminating travel insurance shall make available to
4141	4141	4124prospective purchasers, brochures or other written materials that have been approved by the
4142	4142	4125travel insurer. Such materials shall include information which, at a minimum: (i) provides the
4143	4143	4126identity and contact information of the insurer and the limited lines travel insurance producer; (ii)
4144	4144	4127explains that the purchase of travel insurance is not required in order to purchase any other
4145	4145	4128product or service from the travel retailer; and (iii) explains that an unlicensed travel retailer is
4146	4146	4129permitted to provide general information about the insurance offered by the travel retailer,
4147	4147	4130including a description of the coverage and price, but is not qualified or authorized to answer
4148	4148	4131technical questions about the terms and conditions of the insurance offered by the travel retailer
4149	4149	4132or to evaluate the adequacy of the customer’s existing insurance coverage.
4150	4150	4133 (d) A travel retailer’s employee or authorized representative who is not licensed as a
4151	4151	4134limited lines travel insurance producer shall not: (i) evaluate or interpret the technical terms,
4152	4152	4135benefits and conditions of the offered travel insurance coverage; (ii) evaluate or provide advice 192 of 227
4153	4153	4136concerning a prospective purchaser’s existing insurance coverage; or (iii) hold oneself out as a
4154	4154	4137licensed insurer, licensed producer or insurance expert.
4155	4155	4138 (e) Notwithstanding any general or special law to the contrary, a travel retailer, whose
4156	4156	4139insurance-related activities, and those of its employees and authorized representatives, are
4157	4157	4140limited to offering and disseminating travel insurance on behalf of and under the direction of a
4158	4158	4141limited lines travel insurance producer who meets the conditions set forth in this section may
4159	4159	4142receive related compensation, not in the form of commissions, upon registration by the limited
4160	4160	4143lines travel insurance producer as described in subsection (b).
4161	4161	4144 (f) Travel insurance may be provided under an individual policy or under a group or
4162	4162	4145blanket policy.
4163	4163	4146 (g) As the insurer designee, the limited lines travel insurance producer shall be
4164	4164	4147responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance
4165	4165	4148by the travel retailer with this section.
4166	4166	4149 (h) Any person licensed in a major line of authority as an insurance producer may sell,
4167	4167	4150solicit and negotiate travel insurance. A property and casualty insurance producer shall not be
4168	4168	4151required to become appointed by an insurer in order to sell, solicit or negotiate travel insurance.
4169	4169	4152 SECTION 142B. The General Laws are hereby further amended by inserting after
4170	4170	4153chapter 175M the following chapter:-
4171	4171	4154 Chapter 175N.
4172	4172	4155 TRAVEL INSURANCE. 193 of 227
4173	4173	4156 Section 1. (a) This chapter shall apply to travel insurance that covers any resident of the
4174	4174	4157commonwealth and is sold, solicited, negotiated or offered in the commonwealth and policies
4175	4175	4158and certificates that are delivered or issued for delivery in the commonwealth; provided, that this
4176	4176	4159chapter shall not apply to cancellation fee waivers or travel assistance services, except as
4177	4177	4160expressly provided herein.
4178	4178	4161 (b) All other applicable provisions of the commonwealth’s insurance laws shall apply to
4179	4179	4162travel insurance; provided, that the specific provisions of this chapter shall supersede any general
4180	4180	4163provisions of law that would otherwise be applicable to travel insurance.
4181	4181	4164 Section 2. As used in this chapter, the following words shall, unless the context clearly
4182	4182	4165requires otherwise, have the following meanings:
4183	4183	4166 “Aggregator site”, a website that provides access to information regarding insurance
4184	4184	4167products from more than 1 insurer, including product and insurer information, for use in
4185	4185	4168comparison shopping.
4186	4186	4169 “Blanket travel insurance”, a policy of travel insurance issued to any eligible group
4187	4187	4170providing coverage for specific classes of persons defined in the policy with coverage provided
4188	4188	4171to all members of the eligible group without a separate charge to individual members of the
4189	4189	4172eligible group.
4190	4190	4173 “Cancellation fee waiver”, a contractual agreement between a supplier of travel services
4191	4191	4174and its customer to waive some or all of the non-refundable cancellation fee provisions of the
4192	4192	4175supplier’s underlying travel contract with or without regard to the reason for the cancellation or
4193	4193	4176form of reimbursement; provided, however, that a cancellation fee waiver shall not be considered
4194	4194	4177insurance. 194 of 227
4195	4195	4178 “Commissioner”, the commissioner of insurance.
4196	4196	4179 “Eligible group”, solely for the purposes of travel insurance, 2 or more persons who are
4197	4197	4180engaged in a common enterprise or have an economic, educational or social affinity or
4198	4198	4181relationship, including, but not limited to, any of the following:
4199	4199	4182 (i) any entity engaged in the business of providing travel or travel services including, but
4200	4200	4183not limited to: tour operators, lodging providers, vacation property owners, hotels and resorts,
4201	4201	4184travel clubs, travel agencies, property managers, cultural exchange programs and common
4202	4202	4185carriers or the operator, owner or lessor of a means of transportation of passengers including, but
4203	4203	4186not limited to, airlines, cruise lines, railroads, steamship companies and public bus carriers,
4204	4204	4187wherein with regard to any particular travel or type of travel or travelers, all members or
4205	4205	4188customers of the group shall have a common exposure to risk attendant to such travel;
4206	4206	4189 (ii) any college, school or other institution of learning covering students, teachers,
4207	4207	4190employees or volunteers;
4208	4208	4191 (iii) any employer covering any group of employees, volunteers, contractors, board of
4209	4209	4192directors, dependents or guests;
4210	4210	4193 (iv) any sports team or camp or sponsor thereof, covering participants, members,
4211	4211	4194campers, employees, officials, supervisors or volunteers;
4212	4212	4195 (v) any religious, charitable, recreational, educational or civic organization or branch
4213	4213	4196thereof, covering any group of members, participants or volunteers; 195 of 227
4214	4214	4197 (vi) any financial institution or financial institution vendor, or parent holding company,
4215	4215	4198trustee, or agent of or designated by 1 or more financial institutions or financial institution
4216	4216	4199vendors, including accountholders, credit card holders, debtors, guarantors or purchasers;
4217	4217	4200 (vii) any incorporated or unincorporated association including, labor unions, having a
4218	4218	4201common interest, constitution and bylaws and organized and maintained in good faith for
4219	4219	4202purposes other than obtaining insurance for members or participants of such association covering
4220	4220	4203its members;
4221	4221	4204 (viii) any trust or the trustees of a fund established, created or maintained for the benefit
4222	4222	4205of and covering members, employees or customers, subject to the commissioner’s permitting the
4223	4223	4206use of a trust and the commonwealth’s premium tax provisions in section 3 of 1 or more
4224	4224	4207associations meeting the requirements of clause (vii);
4225	4225	4208 (ix) any entertainment production company covering any group of participants,
4226	4226	4209volunteers, audience members, contestants or workers;
4227	4227	4210 (x) any volunteer fire department, ambulance, rescue, police, court or any first aid, civil
4228	4228	4211defense or other such volunteer group;
4229	4229	4212 (xi) any preschool, daycare institution for children or adults or senior citizen club;
4230	4230	4213 (xii) any automobile or truck rental or leasing company covering a group of individuals
4231	4231	4214who may become renters, lessees or passengers defined by their travel status on the rented or
4232	4232	4215leased vehicles; provided, that the common carrier, the operator, owner or lessor of a means of
4233	4233	4216transportation or the automobile or truck rental or leasing company is the policyholder under a
4234	4234	4217policy to which this chapter applies; or 196 of 227
4235	4235	4218 (xiii) any other group where the commissioner has determined that the members are
4236	4236	4219engaged in a common enterprise, or have an economic, educational or social affinity or
4237	4237	4220relationship and that issuance of the policy would not be contrary to the public interest.
4238	4238	4221 “Fulfillment materials”, documentation sent to the purchaser of a travel protection plan
4239	4239	4222confirming the purchase and providing the travel protection plan’s coverage and assistance
4240	4240	4223details.
4241	4241	4224 “Group travel insurance”, travel insurance issued to any eligible group.
4242	4242	4225 “Limited lines travel insurance producer”, a (i) licensed managing general agent or third-
4243	4243	4226party administrator; (ii) licensed insurance producer including, a limited lines producer,
4244	4244	4227designated by an insurer as the travel insurance supervising entity under subsection (g) of section
4245	4245	4228162Z of chapter 175; or (iii) travel administrator.
4246	4246	4229 “Offer and disseminate”, to provide general information including, a description of the
4247	4247	4230coverage and price, as well as processing the application, collecting premiums and performing
4248	4248	4231other permitted non-licensable activities.
4249	4249	4232 “Primary certificate holder”, specific to section 3, an individual person who elects and
4250	4250	4233purchases travel insurance under a group policy.
4251	4251	4234 “Primary policyholder”, specific to section 3, an individual person who elects and
4252	4252	4235purchases individual travel insurance.
4253	4253	4236 “Travel administrator”, a person who directly or indirectly underwrites, collects charges,
4254	4254	4237collateral or premiums from or adjusts or settles claims on residents of the commonwealth, in
4255	4255	4238connection with travel insurance; provided, that a person shall not be considered a travel 197 of 227
4256	4256	4239administrator if that person’s only characteristics or actions that would otherwise cause them to
4257	4257	4240be considered a travel administrator are 1 of the following:
4258	4258	4241 (i) a person working for a travel administrator to the extent that the person’s activities are
4259	4259	4242subject to the supervision and control of the travel administrator;
4260	4260	4243 (ii) an insurance producer selling insurance or engaged in administrative and claims-
4261	4261	4244related activities within the scope of the producer’s license;
4262	4262	4245 (iii) a travel retailer offering and disseminating travel insurance and registered under the
4263	4263	4246license of a limited lines travel insurance producer in accordance with said section 162Z of said
4264	4264	4247chapter 175;
4265	4265	4248 (iv) an individual adjusting or settling claims in the normal course of that individual’s
4266	4266	4249practice or employment as an attorney-at-law and who does not collect charges or premiums in
4267	4267	4250connection with insurance coverage; or
4268	4268	4251 (v) a business entity that is affiliated with a licensed insurer while acting as a travel
4269	4269	4252administrator for the direct and assumed insurance business of an affiliated insurer.
4270	4270	4253 “Travel assistance services”, non-insurance services for which the consumer is not
4271	4271	4254indemnified based on a fortuitous event, and where providing the service does not result in
4272	4272	4255transfer or shifting of risk that would constitute the business of insurance. Travel assistance
4273	4273	4256services shall include, but shall not be limited to: (i) security advisories; (ii) destination
4274	4274	4257information; (iii) vaccination and immunization information services; (iv) travel reservation
4275	4275	4258services; (v) entertainment; (vi) activity and event planning; (vii) translation assistance; (viii)
4276	4276	4259emergency messaging; (ix) international legal and medical referrals; (x) medical case 198 of 227
4277	4277	4260monitoring; (xi) coordination of transportation arrangements; (xii) emergency cash transfer
4278	4278	4261assistance; (xiii) medical prescription replacement assistance; (xiv) passport and travel document
4279	4279	4262replacement assistance; (xv) lost luggage assistance; (xvi) concierge services; and (xvii) any
4280	4280	4263other service that is furnished in connection with planned travel. Travel assistance services shall
4281	4281	4264not be considered insurance or related to insurance.
4282	4282	4265 “Travel insurance”, insurance coverage for personal risks incidental to planned travel
4283	4283	4266including, but not limited to: (i) an interruption or cancellation of trip or event; (ii) loss of
4284	4284	4267baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) sickness,
4285	4285	4268accident, disability or death occurring during travel; (v) emergency evacuation; (vi) repatriation
4286	4286	4269of remains; or (vii) any other contractual obligations to indemnify or pay a specified amount to
4287	4287	4270the traveler upon determinable contingencies related to travel as approved by the commissioner;
4288	4288	4271provided, however, that “travel insurance” shall not include major medical plans, which provide
4289	4289	4272comprehensive medical protection for travelers with trips lasting longer than 6 months,
4290	4290	4273including, for example, people working or residing overseas as an expatriate, or any other
4291	4291	4274product that requires a specific insurance producer license.
4292	4292	4275 “Travel protection plans”, plans that provide 1 or more of the following: travel insurance,
4293	4293	4276travel assistance services and cancellation fee waivers.
4294	4294	4277 “Travel retailer”, a business entity that makes, arranges or offers travel services and may
4295	4295	4278offer and disseminate travel insurance as a service to its customers on behalf of and under the
4296	4296	4279direction of a limited lines travel insurance producer.
4297	4297	4280 Section 3. (a) A travel insurer shall pay a premium tax, as provided in section 22 of
4298	4298	4281chapter 63, on travel insurance premiums paid by any of the following: 199 of 227
4299	4299	4282 (i) an individual primary policyholder who is a resident of the commonwealth;
4300	4300	4283 (ii) a primary certificate holder who is a resident of the commonwealth who elects
4301	4301	4284coverage under a group travel insurance policy; or
4302	4302	4285 (iii) a blanket travel insurance policyholder who is a resident, or has its principal place of
4303	4303	4286business or the principal place of business of an affiliate or subsidiary that has purchased blanket
4304	4304	4287travel insurance, in the commonwealth for eligible blanket group members, subject to any
4305	4305	4288apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permit
4306	4306	4289the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in
4307	4307	4290those jurisdictions.
4308	4308	4291 (b) A travel insurer shall: (i) document the state of residence or principal place of
4309	4309	4292business of the policyholder or certificate holder, as required pursuant to subsection (a); and (ii)
4310	4310	4293report as premium only the amount allocable to travel insurance and not any amounts received
4311	4311	4294for travel assistance services or cancellation fee waivers
4312	4312	4295 Section 4. Travel protection plans may be offered for 1 price for the combined features
4313	4313	4296that the travel protection plan offers in the commonwealth if:
4314	4314	4297 (i) the travel protection plan clearly discloses to the consumer, at or prior to the time of
4315	4315	4298purchase, that it includes travel insurance, travel assistance services and cancellation fee waivers,
4316	4316	4299as applicable, and provides information and an opportunity, at or prior to the time of purchase,
4317	4317	4300for the consumer to obtain additional information regarding the features and pricing of each; and
4318	4318	4301 (ii) the fulfillment materials: (A) describe and delineate the travel insurance, travel
4319	4319	4302assistance services and cancellation fee waivers in the travel protection plan; and (B) include the 200 of 227
4320	4320	4303travel insurance disclosures and the contact information for persons providing travel assistance
4321	4321	4304services and cancellation fee waivers, as applicable.
4322	4322	4305 Section 5. (a) All persons offering travel insurance to residents of the commonwealth
4323	4323	4306shall be subject to chapter 176D, except as otherwise provided in this section. In the event of a
4324	4324	4307conflict between this chapter and other provisions of this chapter regarding the sale and
4325	4325	4308marketing of travel insurance and travel protection plans, this chapter shall control.
4326	4326	4309 (b) Offering or selling a travel insurance policy that could never result in payment of any
4327	4327	4310claims for any insured under the policy shall be an unfair trade practice under said chapter 176D.
4328	4328	4311 (c)(1) All documents provided to consumers prior to the purchase of travel insurance
4329	4329	4312including, but not limited to, sales materials, advertising materials and marketing materials, shall
4330	4330	4313be consistent with the travel insurance policy itself including, but not limited to, forms,
4331	4331	4314endorsements, policies, rate filings and certificates of insurance.
4332	4332	4315 (2) For travel insurance policies or certificates that contain pre-existing condition
4333	4333	4316exclusions, information and an opportunity to learn more about the pre-existing condition
4334	4334	4317exclusions shall be provided any time prior to the time of purchase, and in the coverage’s
4335	4335	4318fulfillment materials.
4336	4336	4319 (3) The fulfillment materials and the information described in clause (i) of paragraph (2)
4337	4337	4320of subsection (b) of said section 162Z of chapter 175 shall be provided to a policyholder or
4338	4338	4321certificate holder as soon as practicable, following the purchase of a travel protection plan.
4339	4339	4322Unless the insured has either started a covered trip or filed a claim under the travel insurance
4340	4340	4323coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund
4341	4341	4324of the travel protection plan price from the date of purchase of a travel protection plan until at 201 of 227
4342	4342	4325least: (i) 15 days following the date of delivery of the travel protection plan’s fulfillment
4343	4343	4326materials by postal mail; or (ii) 10 days following the date of delivery of the travel protection
4344	4344	4327plan’s fulfillment materials by means other than postal mail. For the purposes of this section,
4345	4345	4328delivery shall mean handing fulfillment materials to the policyholder or certificate holder or
4346	4346	4329sending fulfillment materials by postal mail or electronic means to the policyholder or certificate
4347	4347	4330holder.
4348	4348	4331 (4) The company shall disclose in the policy documentation and fulfillment materials
4349	4349	4332whether the travel insurance is primary or secondary to other applicable coverage.
4350	4350	4333 (5) Where travel insurance is marketed directly to a consumer through an insurer’s
4351	4351	4334website or by others through an aggregator site, it shall not be an unfair trade practice or other
4352	4352	4335violation of law if an accurate summary or short description of coverage is provided on the web
4353	4353	4336page; provided, that the consumer has access to the full provisions of the policy through
4354	4354	4337electronic means.
4355	4355	4338 (d) No person offering, soliciting or negotiating travel insurance or travel protection plans
4356	4356	4339on an individual or group basis may do so by using negative option or opt out, which would
4357	4357	4340require a consumer to take an affirmative action to deselect coverage, such as unchecking a box
4358	4358	4341on an electronic form when the consumer purchases a trip.
4359	4359	4342 (e) It shall be an unfair trade practice pursuant to said chapter 176D to market blanket
4360	4360	4343travel insurance coverage as free.
4361	4361	4344 (f) Where a consumer’s destination jurisdiction requires insurance coverage, it shall not
4362	4362	4345be an unfair trade practice pursuant to said chapter 176D to require that a consumer choose
4363	4363	4346between the following options as a condition of purchasing a trip or travel package: (i) 202 of 227
4364	4364	4347purchasing the coverage required by the destination jurisdiction through the travel retailer or
4365	4365	4348limited lines travel insurance producer supplying the trip or travel package; or (ii) agreeing to
4366	4366	4349obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior
4367	4367	4350to departure.
4368	4368	4351 Section 6. (a) Notwithstanding any other provision of this chapter, no person shall act or
4369	4369	4352represent itself as a travel administrator for travel insurance in the commonwealth unless that
4370	4370	4353person:
4371	4371	4354 (i) is a licensed property and casualty insurance producer in the commonwealth for
4372	4372	4355activities permitted under that producer license;
4373	4373	4356 (ii) holds a valid managing general agent license in the commonwealth; or
4374	4374	4357 (3) holds a valid third-party administrator license in the commonwealth.
4375	4375	4358 (b) An insurer shall be responsible for the acts of a travel administrator administering
4376	4376	4359travel insurance underwritten by the insurer and shall be responsible for ensuring that the travel
4377	4377	4360administrator maintains all books and records relevant to the insurer to be made available by the
4378	4378	4361travel administrator to the commissioner upon request.
4379	4379	4362 Section 7. (a) Notwithstanding any other provision of this chapter, travel insurance shall
4380	4380	4363be classified and filed for purposes of rates and forms under an inland marine line of insurance;
4381	4381	4364provided, however, that travel insurance that provides coverage for sickness, accident, disability
4382	4382	4365or death occurring during travel, either exclusively, or in conjunction with related coverages of
4383	4383	4366emergency evacuation, repatriation of remains or incidental limited property and casualty 203 of 227
4384	4384	4367benefits such as baggage or trip cancellation, may be filed under either an accident and health
4385	4385	4368line of insurance or an inland marine line of insurance.
4386	4386	4369 (b) Eligibility and underwriting standards for travel insurance may be developed and
4387	4387	4370provided based on travel protection plans designed for individual or identified marketing or
4388	4388	4371distribution channels; provided, that those standards shall meet the commonwealth’s
4389	4389	4372underwriting standards for inland marine.
4390	4390	4373 Section 8. The commissioner may promulgate regulations to implement this chapter.
4391	4391	4374 SECTION 142C. Section 1 of chapter 176J of the General Laws, as appearing in the 2022
4392	4392	4375Official Edition, is hereby amended by striking out, in line 204, the words “travel insurance;”.
4393	4393	4376 SECTION 142D. Said section 1 of said chapter 176J, as so appearing, is hereby further
4394	4394	4377amended by striking out, in lines 211 through 218, inclusive, the words “Travel insurance for the
4395	4395	4378purpose of this chapter is insurance coverage for personal risks incident to planned travel,
4396	4396	4379including but not limited to: (i) interruption or cancellation of trip or event; (ii) loss of baggage
4397	4397	4380or personal effects; (iii) damages to accommodations or rental vehicles; or (iv) sickness,
4398	4398	4381accident, disability or death occurring during travel, provided that the health benefits are not
4399	4399	4382offered on a stand-alone basis and are incidental to other coverages. The term “travel insurance”
4400	4400	4383shall not include major medical plans, which provide comprehensive medical protection for
4401	4401	4384travelers with trips lasting 6 months or longer, including for example, those working overseas as
4402	4402	4385an ex-patriot or military personnel being deployed.”.
4403	4403	4386 SECTION 143. Section 85W of chapter 231 of the General Laws, as so appearing, is
4404	4404	4387hereby amended by inserting after the word “compensation”, in line 2, the following words:- in
4405	4405	4388excess of $500 per year. 204 of 227
4406	4406	4389 SECTION 144. Section 1 of chapter 270 of the General Laws, as so appearing, is hereby
4407	4407	4390amended by striking out, in lines 2 and 3, the words “, grains of paradise”.
4408	4408	4391 SECTION 145. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as
4409	4409	4392amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking
4410	4410	4393out the last sentence.
4411	4411	4394 SECTION 146. Said section 10 of chapter 498 of the acts of 1993, as amended, is hereby
4412	4412	4395further amended by adding the following paragraph:-
4413	4413	4396 Notwithstanding the provisions of any general or special law to the contrary and
4414	4414	4397notwithstanding any provision to the contrary in the Devens Reuse Plan or By-laws: (i) there
4415	4415	4398shall be no square foot limit or cap on the amount of commercial or industrial development that
4416	4416	4399may occur within Devens; and (ii) there shall be no limit or cap on the number of residential
4417	4417	4400units that may be developed within Devens. Nothing in the foregoing sentence shall modify other
4418	4418	4401provisions of the By-Laws regulating the development of housing within Devens or requiring the
4419	4419	4402issuance of development permits by the Devens Enterprise Commission for specific projects.
4420	4420	4403 SECTION 146 1/2. Paragraph (ii) of subsection (g) of section (4) of chapter 152 of the
4421	4421	4404acts of 1997, as amended by section 2 of chapter 256 of the acts of 2006, is hereby further
4422	4422	4405amended by striking out the first sentence and inserting in place thereof the following sentence:-
4423	4423	4406The authority shall allow the South Boston Community Development Foundation to sponsor not
4424	4424	4407less than 3 events annually at the Boston Convention and Exhibition Center, and not less than 6
4425	4425	4408events annually at the Lawn on D, to raise funds for the South Boston Community Development
4426	4426	4409Foundation as provided for herein and shall include access to on site parking facilities. 205 of 227
4427	4427	4410 SECTION 146A. Subsection (e) of section 9 of chapter 152 of the acts of 1997 is hereby
4428	4428	4411amended by inserting after the word “Fund” the following words:- ; and provided further, that
4429	4429	4412the surcharge shall not apply to rental transaction contracts pursuant to section 32J of chapter 90
4430	4430	4413of the General Laws,.
4431	4431	4414 SECTION 147. Chapter 195 of the acts of 2014, as amended by section 207 of chapter 6
4432	4432	4415of the acts of 2017, is hereby further amended by inserting after section 4 the following section:-
4433	4433	4416 Section 4A. The Boston convention and exhibition center in the city of Boston shall be
4434	4434	4417designated and known as the Thomas Michael Menino Convention and Exhibition Center. The
4435	4435	4418Authority shall erect and maintain suitable markers bearing such designation.
4436	4436	4419 SECTION 147A. (a) The department of elementary and secondary education shall, in
4437	4437	4420consultation with relevant stakeholders, implement a 5-year pilot program to develop a process
4438	4438	4421for granting educator certification that may be used as an alternative to the testing requirements
4439	4439	4422in section 38G of chapter 71 of the General Laws. The program shall allow candidates for
4440	4440	4423certification to earn an initial preliminary certification that may lead to permanent certification
4441	4441	4424after 4 years of teaching experience during which the candidate for licensure demonstrates
4442	4442	4425teacher proficiency as measured by student growth scores and other factors, as determined by the
4443	4443	4426department.
4444	4444	4427 (b) The alternative certification process may allow for a waiver of not more than 1 of the
4445	4445	44282 testing requirements pursuant to said section 38G of said chapter 71, per candidate, and shall
4446	4446	4429include consideration of factors, including, but not limited to, whether a candidate has: (i)
4447	4447	4430obtained certification in another state approved by the department; (ii) completed a satisfactory 206 of 227
4448	4448	4431portfolio of items that may include student feedback or competency-based projects; or (iii)
4449	4449	4432obtained a master’s degree or doctorate from an accredited institution.
4450	4450	4433 (c) The department shall limit the hiring of candidates alternatively certified pursuant to
4451	4451	4434this section to those public school districts and charter schools that the department certified as
4452	4452	4435having demonstrated 1 of the following characteristics: (i) a demographic disparity between the
4453	4453	4436district’s student population and its teaching workforce; (ii) a shortage of teachers to serve
4454	4454	4437English language learners; or (iii) a critical need to fill teacher vacancies. The department shall
4455	4455	4438not allow any district to fill more than 10 per cent of its teaching positions with educators
4456	4456	4439alternatively certified.
4457	4457	4440 (d) The department may use the results of the alternative assessment pilot authorized by
4458	4458	4441subsection (e) of 603 CMR 7.04 to inform the development of the alternative licensure process
4459	4459	4442required by this section.
4460	4460	4443 (e) The department shall conduct a comprehensive evaluation of the pilot program and
4461	4461	4444the use of the alternative certification process during the pilot period. The evaluation shall
4462	4462	4445include: (i) a measurement of student impacts as measured by student growth and other factors;
4463	4463	4446(ii) an assessment of progress made in diversifying the educator workforce; and (iii) an
4464	4464	4447assessment of the impacts on candidates of diverse backgrounds.
4465	4465	4448 SECTION 148. Within 30 days after the effective date of this act, the secretary of
4466	4466	4449economic development and the secretary of housing of livable communities shall convene a
4467	4467	4450working group that shall include representatives from the towns of Ayer, Harvard and Shirley,
4468	4468	4451the Massachusetts Development Finance Agency and the Devens committee to determine a
4469	4469	4452strategy and plan to provide for increased housing production within Devens, including, but not 207 of 227
4470	4470	4453limited to, the feasibility of allowing not more than 400 multi-family residential units in the
4471	4471	4454Innovation and Technology Center zoning district established by Article V(A)(13) of the Devens
4472	4472	4455Reuse Plan or By-Laws. The secretaries of economic development and housing and livable
4473	4473	4456communities shall report the findings of the working group to the clerks of the house of
4474	4474	4457representatives and the senate and the joint committee on economic development and emerging
4475	4475	4458technologies within 180 days after the effective date of this act.
4476	4476	4459 SECTION 149. (a) There shall be within the executive office of economic development a
4477	4477	44605-year surety bond assistance pilot program to encourage the participation of economically and
4478	4478	4461socially disadvantaged businesses in bidding for and securing contracts for capital projects. The
4479	4479	4462program may include, but shall not be limited to:
4480	4480	4463 (i) providing technical assistance to eligible contractors to secure surety bonds; and
4481	4481	4464 (ii) providing financial assistance to guarantee surety bonds required on behalf of the
4482	4482	4465commonwealth or on behalf of any county, city, town, district or other political subdivision of
4483	4483	4466the commonwealth or other public instrumentality for the construction, reconstruction, alteration,
4484	4484	4467remodeling, repair or demolition of public buildings or other public works.
4485	4485	4468 (b) The executive office of economic development shall establish eligibility requirements
4486	4486	4469and other program terms through regulations or program guidelines; provided, however, that
4487	4487	4470such eligibility requirements shall, to the extent possible, prioritize financial assistance provided
4488	4488	4471by the program to promote participation of businesses owned by persons from socially and
4489	4489	4472economically disadvantaged groups for whom access to capital facility projects and state assisted
4490	4490	4473building projects in the commonwealth has been historically limited. The executive office may 208 of 227
4491	4491	4474administer the program through 1 or more contracts with the Massachusetts Development
4492	4492	4475Finance Agency or Massachusetts Growth Capital Corporation.
4493	4493	4476 (c) Not later than December 31 of each year, the executive office of economic
4494	4494	4477development shall submit a report to the clerks of the house of representatives and the senate and
4495	4495	4478the joint committee on economic development and emerging technologies detailing the activities
4496	4496	4479of the program in the previous year, including, but not limited to, an analysis of the provision of
4497	4497	4480technical and financial assistance services and its impact on increasing access and participation
4498	4498	4481in capital projects for historically disadvantaged groups. The report shall be made public on the
4499	4499	4482executive office of economic development’s website.
4500	4500	4483 (d) The secretary of economic development may promulgate regulations or program
4501	4501	4484guidelines as necessary to implement this section.
4502	4502	4485 (e) Implementation of this section shall be subject to the United States Treasury’s
4503	4503	4486approval to use federal funding for the purposes described herein.
4504	4504	4487 SECTION 150. (a) For purposes of this section, the following words shall, unless the
4505	4505	4488context clearly requires otherwise, have the following meanings:
4506	4506	4489 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order,
4507	4507	4490excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
4508	4508	4491building permit or other approval or determination of rights from any municipal, regional or state
4509	4509	4492governmental entity, including any agency, department, commission or other instrumentality
4510	4510	4493thereof, concerning the use or development of real property, and any environmental permit,
4511	4511	4494including certificates, licenses, certifications, determinations, exemptions, variances, waivers,
4512	4512	4495building permits or other approvals or determinations of rights issued or made under chapter 21 209 of 227
4513	4513	4496of the General Laws, chapter 21A of the General Laws except section 16 of said chapter 21A,
4514	4514	4497chapter 21D of the General Laws, section 3B of chapter 21E of the General Laws, sections 61 to
4515	4515	449862L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapter 40
4516	4516	4499of the General Laws, chapters 40A to 40C, inclusive, of the General Laws, chapter 40R of the
4517	4517	4500General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of
4518	4518	4501the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws,
4519	4519	4502chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General
4520	4520	4503Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws or
4521	4521	4504chapter 665 of the acts of 1956 or any local by-law or ordinance.
4522	4522	4505 “Development”, division of a parcel of land into 2 or more parcels, the construction,
4523	4523	4506reconstruction, conversion, structural alteration, relocation or enlargement of a building or other
4524	4524	4507structure or facility or any grading, soil removal or relocation, excavation or landfill or any use
4525	4525	4508or change in the use of any building or other structure or land or extension of the use of land.
4526	4526	4509 “Tolling period”, the period from January 1, 2023 to January 1, 2025, inclusive.
4527	4527	4510 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or
4528	4528	4511existence during the tolling period shall be extended for a period of 2 years in addition to the
4529	4529	4512lawful term of the approval; provided, however, that nothing in this section shall extend or
4530	4530	4513purport to extend: (i) a permit or approval issued by the United States government or an agency
4531	4531	4514or instrumentality thereof or a permit or approval of which the duration of effect or the date or
4532	4532	4515terms of its expiration are specified or determined under a law or regulation of the United States
4533	4533	4516government or an agency or instrumentality thereof; (ii) a permit, license, privilege or approval
4534	4534	4517issued by the division of fisheries and wildlife under chapter 131 of the General Laws; (iii) an 210 of 227
4535	4535	4518approval, determination, exemption, certification, statement of qualification or any other
4536	4536	4519administrative action by the department of energy resources under 225 CMR 20.00, subsection
4537	4537	4520(c) of section 17 of chapter 25A of the General Laws or corresponding regulations under 225
4538	4538	4521CMR 21.00; (iv) any agreement entered into by the Massachusetts Department of Transportation
4539	4539	4522or the Massachusetts Bay Transportation Authority or any permit, license or approval issued by
4540	4540	4523the department or authority relating to the sale, acquisition or lease or development of real
4541	4541	4524property owned in whole or in part by the department or authority or the sale, acquisition, lease
4542	4542	4525or development of any interest therein related to such real property pursuant to chapter 6C or
4543	4543	4526chapter 161A of the General Laws; or (v) any enforcement order, consent decree or settlement
4544	4544	4527agreement.
4545	4545	4528 (2) Nothing in this section shall affect the ability of a municipal, regional or state
4546	4546	4529governmental entity, including an agency, department, commission or other instrumentality
4547	4547	4530thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or
4548	4548	4531approval, under this section, when that specific permit or approval or the law or regulation under
4549	4549	4532which the permit or approval was issued contains language authorizing the modification or
4550	4550	4533revocation of the permit or approval.
4551	4551	4534 (3) If an approval tolled under this section is based upon the connection to a sanitary
4552	4552	4535sewer system, the extension of the approval shall be contingent upon the availability of sufficient
4553	4553	4536capacity, on the part of the treatment facility, to accommodate the development for whose
4554	4554	4537approval has been extended. If sufficient capacity is not available, then the permit holders whose
4555	4555	4538approvals have been extended shall have priority with regard to the further allocation of
4556	4556	4539gallonage over the permit holders who have not received approval of a hookup prior to the
4557	4557	4540effective date of this section. Priority regarding the distribution of further gallonage to a permit 211 of 227
4558	4558	4541holder who has received the extension of an approval under this section shall be allocated in
4559	4559	4542order of the granting of the original approval of the connection.
4560	4560	4543 (4) If an owner or petitioner sells or otherwise transfers a property or project in order for
4561	4561	4544an approval to receive an extension, all commitments made by the original owner or petitioner
4562	4562	4545under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If
4563	4563	4546the new owner or petitioner does not meet or abide by such commitments, then the approval shall
4564	4564	4547not be extended under this section.
4565	4565	4548 (5) Nothing in this section shall be construed or implemented in such a way as to modify
4566	4566	4549a requirement of law that is necessary to retain federal delegation to or assumption by the
4567	4567	4550commonwealth of the authority to implement a federal law or program.
4568	4568	4551 (6) Any project covered by approval in effect during the tolling period shall be governed
4569	4569	4552by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the
4570	4570	4553granting of the approval, unless the owner or petitioner of such project elects to waive the
4571	4571	4554provisions of this section.
4572	4572	4555 SECTION 151. The Massachusetts clean energy technology center, in consultation with
4573	4573	4556the executive office of economic development, shall set benchmarks for the climatetech tax
4574	4574	4557incentive program established in section 16 of chapter 23J of the General Laws, inserted by
4575	4575	4558section 74. After the program has been in effect for 5 years, the center, in consultation with the
4576	4576	4559executive office of economic development, shall conduct an evaluation of the program by
4577	4577	4560comparing climatetech advancements in the commonwealth against the benchmarks. The center
4578	4578	4561shall review progress made towards the goals of developing and expanding climatetech industry-
4579	4579	4562related employment opportunities and climatetech-related economic development by supporting 212 of 227
4580	4580	4563and stimulating research, development, innovation, manufacturing, deployment and
4581	4581	4564commercialization in the climatetech sector. The center shall submit a written report to the clerks
4582	4582	4565of the house of representatives and the senate, the house and senate committees on ways and
4583	4583	4566means, the joint committee on economic development and emerging technologies, the joint
4584	4584	4567committee on telecommunications, utilities and energy, the joint committee on environment and
4585	4585	4568natural resources and the joint committee on agriculture not later than December 31, 2029.
4586	4586	4569 SECTION 152. The Massachusetts office of business development, in conjunction with
4587	4587	4570the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to
4588	4588	4571subsection (ee) of section 6 of chapter 62 of the General Laws and section 38OO of chapter 63 of
4589	4589	4572the General Laws and shall submit the report to the clerks of the house of representatives and the
4590	4590	4573senate, the house and senate committees on ways and means and the joint committee on
4591	4591	4574economic development and emerging technologies not later than December 31, 2028. The office
4592	4592	4575and commissioner shall collaborate with the live theater industry to collect the relevant data for
4593	4593	4576the report. The report shall include data to assess the direct and indirect economic impacts of the
4594	4594	4577live theater tax credit on the economy of the commonwealth, including, but not limited to,
4595	4595	4578estimates of theater tickets sales to domestic and international visitors, spending by live theater
4596	4596	4579productions on adjacent businesses, wages paid for setting up and taking down productions and
4597	4597	4580impacts on businesses in proximity to theaters, including, but not limited to, hotels and
4598	4598	4581restaurants.
4599	4599	4582 SECTION 153. (a) Notwithstanding section 39M of chapter 30 of the General Laws,
4600	4600	4583chapter 149 of the General Laws and chapter 149A of the General Laws, a public agency or
4601	4601	4584municipality may require a project labor agreement on contracts for public works construction
4602	4602	4585and may require the project labor agreement to be incorporated into the contract specifications; 213 of 227
4603	4603	4586provided, that prior to including a project labor agreement requirement, the public agency or
4604	4604	4587municipality shall make a determination prior to issuing a request for proposals or bids that the
4605	4605	4588project labor agreement on a specific project is in the best interest of the commonwealth, public
4606	4606	4589agency or municipality.
4607	4607	4590 (b) In making a determination of the best interest of the commonwealth, public agency or
4608	4608	4591municipality pursuant to subsection (a), the agency or municipality shall consider the effects a
4609	4609	4592project labor agreement may have on: (i) construction efficiency, cost and direct and indirect
4610	4610	4593economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply
4611	4611	4594of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of
4612	4612	4595delays or disruptions to, the construction process; (iv) the safety and quality of the public
4613	4613	4596construction project; (v) the expansion of apprenticeship programs and workforce development
4614	4614	4597in the construction industry; and (vi) the promotion of employment and training opportunities for
4615	4615	4598women, minority workers and veterans.
4616	4616	4599 (c) The department of labor standards shall promulgate regulations to increase diversity
4617	4617	4600of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain
4618	4618	4601percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce
4619	4619	4602reflecting the demographics, to the extent possible, where a project is located.
4620	4620	4603 SECTION 154. (a) Notwithstanding section 4 of chapter 128C of the General Laws,
4621	4621	4604section 11 of chapter 494 of the acts of 1978 or any other general or special law to the contrary,
4622	4622	4605the running horse racing licensee in Suffolk county that conducted simulcasting as of December
4623	4623	460631, 2020 and the greyhound dog racing meeting licensee located in Bristol county shall not be 214 of 227
4624	4624	4607obligated to make any further payments into the Running Horse Capital Improvements Trust
4625	4625	4608Fund, established pursuant to said section 11 of said chapter 494.
4626	4626	4609 (b) All amounts in the Running Horse Capital Improvements Trust Fund attributable to
4627	4627	4610any greyhound dog racing meeting licensees shall be returned by the Massachusetts Gaming
4628	4628	4611Commission to the licensees without further condition.
4629	4629	4612
4630	4630	4613 SECTION 155. (a) Notwithstanding section 17 of chapter 138 of the General Laws or
4631	4631	4614any other law, rule, regulation or provision to the contrary, the licensing board for the city of
4632	4632	4615Boston may grant 1 non-transferable restricted license for the sale of all alcoholic beverages to
4633	4633	4616be drunk on the premises pursuant to section 12 of said chapter 138 to The Boston Landing Hotel
4634	4634	4617Project located at 178-170 Guest street in the Brighton section of the city of Boston approved by
4635	4635	4618the board of the Boston Redevelopment Authority, and is located within Planned Development
4636	4636	4619Area No. 87, Boston Landing, Guest street and Life street in the Brighton section of the city of
4637	4637	4620Boston.
4638	4638	4621 (b) If a licensee pursuant to subsection (a) terminates or fails to renew the license or if the
4639	4639	4622license is cancelled, revoked or otherwise no longer in use, the license shall be returned
4640	4640	4623physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the
4641	4641	4624licensing board and the licensing board may then grant that license to a new applicant within
4642	4642	4625Planned Development Area No. 87, Boston Landing in the Brighton section of the city of
4643	4643	4626Boston. The licensing board shall not approve the transfer of the license granted pursuant to this
4644	4644	4627section to a location outside of said Planned Development Area No. 87 in the Brighton section of
4645	4645	4628the city of Boston. 215 of 227
4646	4646	4629 SECTION 155A. (a)(1) Notwithstanding any general or special law to the contrary, and
4647	4647	4630subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and
4648	4648	4631recreation is hereby authorized and directed to lease to the New Bedford Harbor Development
4649	4649	4632Commission, doing business as the New Bedford Port Authority, a certain area in and over the
4650	4650	4633waters of the Acushnet river in the city of New Bedford, together with improvements thereon
4651	4651	4634and all easements, rights, privileges and appurtenances thereto for the operation and maintenance
4652	4652	4635of a recreational marine boating facility and recreational area, known as the Pope’s Island
4653	4653	4636Marina, for a term of 10 years and 2 5-year options to extend.
4654	4654	4637 (2) The city of New Bedford shall not enter into sub-agreements of any kind for the
4655	4655	4638operation and maintenance of the marina without prior written authorization from the
4656	4656	4639commissioner of conservation and recreation. True copies of any such written authorization shall
4657	4657	4640be filed with the clerks of the house of representatives and the senate and no later than 45 days
4658	4658	4641after execution.
4659	4659	4642 (b) The lease and any extensions executed under this act shall be on terms and conditions
4660	4660	4643acceptable to the commissioner of conservation and recreation; provided, however, that the lease
4661	4661	4644and any extensions shall provide, at its sole cost and expense, that the city of New Bedford: (i)
4662	4662	4645provide oversight, operations, maintenance and repair of the property, including the land,
4663	4663	4646facilities and appurtenances associated therewith during the term of the lease; (ii) shall carry
4664	4664	4647comprehensive general liability insurance naming the commonwealth as a co-insured, protecting
4665	4665	4648the commonwealth against all claims for personal injury or property damage arising from the use
4666	4666	4649of the land and appurtenances associated therewith during the term of the lease and any
4667	4667	4650extension thereof; (iii) subject to clauses (v) and (vi), may retain revenues from usage fees during
4668	4668	4651the term of the lease and the proceeds from concessions associated with use of the property for 216 of 227
4669	4669	4652the sole purpose of the design, construction, operation, programming, maintenance and repair
4670	4670	4653expenses of the property over the course of the lease in addition to a 1-time reimbursement for
4671	4671	4654costs defined in section 2 herein; (iv) may charge not more than $90 per linear foot for use of
4672	4672	4655slips without prior written authorization from the commissioner of conservation and recreation;
4673	4673	4656(v) shall deposit into an escrow account, shared with the department of conservation and
4674	4674	4657recreation, not less than $100,000 annually, adjusted to the price adjustment formulae indices
4675	4675	4658every 5 years, to fund capital investments of the property; (vi) shall pay to the department of
4676	4676	4659conservation, in quarterly installments, 10 per cent of the annual gross revenues defined as total
4677	4677	4660gross revenues after deduction of the $100,000 described in clause (v); (vii) shall, not later than 3
4678	4678	4661months after the close of each calendar year, prepare an annual report detailing its performance
4679	4679	4662against the goals for the prior year, detailing all revenues and expenditures of funds for the prior
4680	4680	4663year pursuant to this section, regardless of source, and specifying all usage and programming fee
4681	4681	4664rates associated with planned programs and activities, and submit the report to the commissioner
4682	4682	4665of conservation and recreation; (viii) shall not design, install or construct any facilities on the
4683	4683	4666property without the written approval of the commissioner of conservation and recreation; (ix)
4684	4684	4667shall be responsible for all utility costs; (x) shall provide not less than 20 parking spaces at no
4685	4685	4668charge to visitors of the abutting playground facility; and (xi) may be responsible for outreach
4686	4686	4669and stewardship with the written approval of the commissioner of conservation and recreation.
4687	4687	4670 (c) The lease and any extensions shall each be reviewed by the inspector general for
4688	4688	4671comment and recommendation.
4689	4689	4672 (d) Before entering into the lease, the commissioner of conservation and recreation shall
4690	4690	4673determine the exact boundaries of the property after completion of a title examination and a
4691	4691	4674survey each commissioned by the department of conservation and recreation. 217 of 227
4692	4692	4675 (e) The city of New Bedford shall be responsible for all costs and expenses associated
4693	4693	4676with any engineering, surveys, appraisals and lease preparation related to the execution of the
4694	4694	4677lease and any extensions under this act; provided, however, that the commonwealth shall not be
4695	4695	4678required to contribute to any such costs.
4696	4696	4679 (f) Within 90 days of the effective date of this act, the commissioner of conservation and
4697	4697	4680recreation shall issue to the city of New Bedford a license to operate and maintain the marina.
4698	4698	4681The terms of said license shall be consistent with this section.
4699	4699	4682 (g) If the land, building and facilities, field and appurtenances comprising the property
4700	4700	4683cease to be used by the city of New Bedford for the purposes and in the manner described in this
4701	4701	4684section at any time before the conclusion of the lease term, the property shall revert to the
4702	4702	4685commonwealth upon such terms and conditions as the commissioner of department of
4703	4703	4686conservation and recreation may determine, and shall be assigned to the care, custody and
4704	4704	4687control of the department of conservation and recreation.
4705	4705	4688 (h) If the commissioner of conservation and recreation fails to enter into a lease with the
4706	4706	4689city of New Bedford pursuant subsection (a) before July 1, 2025, the commissioner shall issue,
4707	4707	4690on or before October 1, 2025, a request for proposals seeking a lessee to operate and maintain the
4708	4708	4691Popes Island Marina and recreational area. Any lease resulting from a request for proposals
4709	4709	4692process pursuant to this section shall be for a term not to exceed 20 years, inclusive of any
4710	4710	4693extensions.
4711	4711	4694 SECTION 156. (a) There is hereby established a special commission to study the future
4712	4712	4695of payments and sales transactions by credit card and other forms of payment and the impacts for
4713	4713	4696small businesses in the commonwealth. The commission shall solicit input from the public, 218 of 227
4714	4714	4697businesses and the payments industry on payment trends, the prevalence of cashless transactions
4715	4715	4698and cashless businesses in the commonwealth, credit card fees, mobile payments, buy-now-pay-
4716	4716	4699later financing and other aspects of the payments industry.
4717	4717	4700 (b) The commission shall study and review: (i) the cost to small businesses operating in
4718	4718	4701the commonwealth of conducting sales transactions with consumers using credit cards or other
4719	4719	4702means of payment, including, but not limited to, cash, check or similar means; (ii) the impact of
4720	4720	4703the increasing use of credit cards or other means of payment by consumers on small businesses;
4721	4721	4704and (iii) the impact of section 28A of chapter 140D of the General Laws on small businesses
4722	4722	4705owned and operated in the commonwealth. The commission shall report on the impact on small
4723	4723	4706businesses operating in the commonwealth and provide recommendations on the future use of
4724	4724	4707credit cards and other forms of payment for the long-term success of small businesses in the
4725	4725	4708commonwealth.
4726	4726	4709 (c) The commission shall consist of the following members: the chairs of the joint
4727	4727	4710committee on financial services, who shall serve as co-chairs; 1 member appointed by the
4728	4728	4711attorney general; the secretary of economic development, or a designee; the commissioner of the
4729	4729	4712division of banks, or a designee; 1 member appointed by the Massachusetts Bankers Association;
4730	4730	4713a representative of the Retailers Association of Massachusetts, Inc.; a representative of the
4731	4731	4714Massachusetts Restaurant Association; 1 member appointed by the Massachusetts chapter of the
4732	4732	4715national federation of independent businesses; and 2 members appointed by the governor who
4733	4733	4716shall have experience owning and operating a small business in the commonwealth. The
4734	4734	4717appointees of the governor shall represent diverse geographic areas of the commonwealth. 219 of 227
4735	4735	4718 (d) Not later than July 1, 2025, the commission shall file a report and its
4736	4736	4719recommendations with the clerks of the house of representatives and the senate, the joint
4737	4737	4720committee on financial services and the joint committee on economic development and emerging
4738	4738	4721technologies.
4739	4739	4722 SECTION 157. Notwithstanding any general or special law to the contrary, the
4740	4740	4723unexpended and unencumbered balances of the bond-funded authorizations in the following
4741	4741	4724accounts shall cease to be available for expenditure 180 days after the effective date of this act:
4742	4742	47257002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020,
4743	4743	47267002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035,
4744	4744	47277002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055 and 7002-8065.
4745	4745	4728 SECTION 158. Notwithstanding any general or special law to the contrary, to meet the
4746	4746	4729expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon
4747	4747	4730receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to
4748	4748	4731be specified by the governor from time to time but not exceeding, in the aggregate,
4749	4749	4732$2,370,827,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on
4750	4750	4733their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” and shall be
4751	4751	4734issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
4752	4752	4735the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution;
4753	4753	4736provided, however, that all such bonds shall be payable not later than June 30, 2059. All interest
4754	4754	4737and payments on account of principal on such obligations shall be payable from the General
4755	4755	4738Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
4756	4756	4739any other provision of this act, be general obligations of the commonwealth. 220 of 227
4757	4757	4740 SECTION 159. Notwithstanding any general or special law to the contrary, to meet the
4758	4758	4741expenditures necessary in carrying out section 2C, the state treasurer shall, upon receipt of a
4759	4759	4742request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
4760	4760	4743by the governor from time to time but not exceeding, in the aggregate $1,030,000,000. All bonds
4761	4761	4744issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to
4762	4762	4745Strengthening Massachusetts’ Economic Leadership” and shall be issued for a maximum term of
4763	4763	4746years, not exceeding 30 years, as the governor may recommend to the general court pursuant to
4764	4764	4747section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all
4765	4765	4748such bonds shall be payable not later than June 30, 2064. All interest and payments on account of
4766	4766	4749principal on such obligations shall be payable from the General Fund. Bonds and interest thereon
4767	4767	4750issued under the authority of this section shall, notwithstanding any other provision of this act, be
4768	4768	4751general obligations of the commonwealth.
4769	4769	4752 SECTION 159A. (a) Notwithstanding any general or special law to the contrary, each
4770	4770	4753school district, as defined in section 2 of chapter 70 of the General Laws, and each charter
4771	4771	4754school, as defined in section 89 of chapter 71 of the General Laws, shall establish a diversity
4772	4772	4755plan that conforms with the guidelines established by the department of elementary and
4773	4773	4756secondary education pursuant to subsection (b). Such plans shall set forth specific goals and
4774	4774	4757timetables for achievement. The plans shall comply with all applicable state and federal laws and
4775	4775	4758shall be updated after 3 years.
4776	4776	4759 (b) To promote a racially and ethnically diverse educator workforce, the department of
4777	4777	4760elementary and secondary education shall: 221 of 227
4778	4778	4761 (i) establish guidelines for diversity plans that shall include, but not be limited to, the
4779	4779	4762following goals: (A) identify and eliminate discriminatory barriers to hiring and learning in a
4780	4780	4763school or district; (B) remedy the effects of past discriminatory practices; (C) identify, recruit
4781	4781	4764and hire employees who are members of under-represented groups; (D) develop, promote and
4782	4782	4765retain employees who are members of under-represented groups; and (E) ensure equal
4783	4783	4766opportunity in employment for educators. In developing these guidelines, the department shall
4784	4784	4767consult with experts and school leaders from public schools or school districts that have
4785	4785	4768experienced significant increases in hiring and retaining racially and ethnically diverse
4786	4786	4769educators;
4787	4787	4770 (ii) establish a process for reviewing diversity plans based on clearly defined criteria. A
4788	4788	4771public school district or charter school shall amend any plan deemed not to conform with the
4789	4789	4772requirements of this section. A public school district or charter school shall be deemed to have
4790	4790	4773satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required
4791	4791	4774by section 1S of chapter 69 of the General Laws or in any other strategic plan developed by the
4792	4792	4775district;
4793	4793	4776 (iii) establish periodic reporting requirements for public school districts and charter
4794	4794	4777schools concerning the implementation of their diversity plans and all actions taken to ensure
4795	4795	4778compliance with this section and applicable state and federal laws. These reporting requirements
4796	4796	4779shall be incorporated into existing reporting mechanisms and schedules where feasible;
4797	4797	4780 (iv) assist public school districts and charter schools in complying with their diversity
4798	4798	4781plans and applicable federal and state laws; and 222 of 227
4799	4799	4782 (v) require approved educator preparation programs to implement diversity plans to
4800	4800	4783increase the racial and ethnic diversity of program completers. These plans shall be required as
4801	4801	4784part of the educator preparation program approval process and the department shall make each
4802	4802	4785program’s plan publicly available. The department shall establish guidelines for educator
4803	4803	4786preparation program diversity plans.
4804	4804	4787 (c) The board of elementary and secondary education shall review compliance with these
4805	4805	4788diversity plans and policies on a regular basis and may provide further recommendations
4806	4806	4789regarding educator diversity.
4807	4807	4790 SECTION 159B. (a) Notwithstanding any general or special law to the contrary, each
4808	4808	4791school district, as defined in section 2 of chapter 70 of the General Laws, and each charter school
4809	4809	4792as defined in section 89 of chapter 71 of the General Laws, shall have a diversity, equity and
4810	4810	4793inclusion officer or shall establish a diversity team, referred to in this section as a diversity
4811	4811	4794officer or team. The role and responsibilities of a diversity officer or team may be assigned to an
4812	4812	4795existing school employee or existing school entity. Diversity officers and teams shall report
4813	4813	4796directly to the superintendent. Diversity officers and teams shall coordinate their school district
4814	4814	4797or school’s compliance with the requirements of this section and applicable federal and state
4815	4815	4798laws.
4816	4816	4799 (b) Each school district and charter school shall establish a process for advising the
4817	4817	4800school committee or board of trustees on matters of diversity, equity and inclusion in the school
4818	4818	4801district. The process may include establishing an educator diversity council consisting of
4819	4819	4802educators, administrators and students, which shall meet regularly with the superintendent or the
4820	4820	4803diversity officer or team and the school committee or board of trustees. The school committee or 223 of 227
4821	4821	4804board of trustees may appoint 1 of its members to serve as an ex-officio member of the educator
4822	4822	4805diversity council.
4823	4823	4806 (c) Pursuant to guidelines established by the department of elementary and secondary
4824	4824	4807education, all superintendents, school committee members, boards of trustees, district leaders,
4825	4825	4808principals and school district employees shall complete a diversity and implicit bias training
4826	4826	4809course, the frequency of which shall be established by the department.
4827	4827	4810 SECTION 159C. (a) Notwithstanding any general or special law to the contrary, the
4828	4828	4811department of elementary and secondary education shall set measurable educator diversity goals
4829	4829	4812for the commonwealth and shall collect and report publicly statewide educator diversity data.
4830	4830	4813The data shall be reported in an online dashboard established in consultation with the board of
4831	4831	4814elementary and secondary education. The data shall include, but not be limited to, (i) the number
4832	4832	4815of educators hired and retained who meet the department’s educator diversity goals; (ii) racial
4833	4833	4816demographics of educators who complete Massachusetts state educator preparation programs,
4834	4834	4817and (iii) teacher qualification data from school and district report cards. The department shall
4835	4835	4818report on the success of the 5-year pilot program developed pursuant to section 147A, diversity
4836	4836	4819plans implemented pursuant to section 159A and the diversity, equity and inclusion officers or
4837	4837	4820diversity teams implemented pursuant to section 159B. The department shall report annually to
4838	4838	4821the board of elementary and secondary education on state educator diversity data and goals. The
4839	4839	4822department shall also submit a report on the state of educator diversity to the clerks of the house
4840	4840	4823of representatives and the senate not later than June 30.
4841	4841	4824 (b) Each public school district and charter school shall collect and report educator
4842	4842	4825diversity data publicly in a manner prescribed by the department; provided, that the department 224 of 227
4843	4843	4826shall utilize existing reporting mechanisms and schedules to collect educator diversity data and
4844	4844	4827outcomes and shall annually present both to the school committee or board of trustees. The data
4845	4845	4828reported pursuant to this paragraph shall include information regarding the achievement of goals
4846	4846	4829set pursuant to clause (i) of subsection (b) of section 159A.
4847	4847	4830 SECTION 159D. The department of elementary and secondary education shall
4848	4848	4831promulgate rules and regulations for sections 147A, 159A, 159B and 159C to implement the
4849	4849	4832requirements. Such regulations shall include a schedule for public school districts and charter
4850	4850	4833schools to meet the planning and reporting requirements; provided, that such schedule shall
4851	4851	4834prioritize implementation for school districts and charter schools that have significant race and
4852	4852	4835ethnicity disparities between educator and student demographics.
4853	4853	4836 SECTION 159E. The executive office of health and human services shall conduct an
4854	4854	4837evaluation of the impact of removal of the licensing examination requirement for licensed
4855	4855	4838certified social workers pursuant to sections 31 and 32 of chapter 112 of the General Laws, as
4856	4856	4839amended by sections 121B and 121D. The executive office shall contract with an independent
4857	4857	4840evaluation consultant to perform the evaluation. The evaluation shall include, but shall not be
4858	4858	4841limited to: (i) an analysis of the impact of removing the examination requirement on alleviating
4859	4859	4842shortages of qualified social workers; (ii) expanding access to quality behavioral health services;
4860	4860	4843(iii) increasing the diversity of the social worker workforce among diverse language skills, race,
4861	4861	4844ethnicity and cultural backgrounds; and (iv) the impact of any increase in diversity on patient
4862	4862	4845care, particularly for vulnerable populations. In preparing the evaluation, the consultant shall
4863	4863	4846meet with representatives of organizations representing social workers, social work education,
4864	4864	4847social work testing, social work patients, behavioral health advocacy organizations and other
4865	4865	4848groups that may assist in the evaluation. The evaluation and analysis shall be conducted 225 of 227
4866	4866	4849independently of the executive office. The executive office shall submit the evaluation to the
4867	4867	4850joint committee on higher education, the joint committee on mental health, substance use and
4868	4868	4851recovery and the house and senate committees on ways and means not later than July 1, 2028.
4869	4869	4852 SECTION 160. Pursuant to section 121, a commercial electric vehicle charging station
4870	4870	4853operating in the commonwealth as of January 1, 2025 shall be required to register with the
4871	4871	4854division of standards in the office of consumer affairs and business regulation not later than
4872	4872	4855January 1, 2026.
4873	4873	4856 SECTION 160A. Sections 147A, 159A, 159B, 159C and 159D are hereby repealed.
4874	4874	4857 SECTION 161. Sections 3M and 3N of chapter 23A of the General Laws, inserted by
4875	4875	4858section 31, subsections (ee) and (ii) of section 6 of chapter 62 of the General Laws, inserted by
4876	4876	4859section 103, and sections 38OO and 38TT of chapter 63 of the General Laws, inserted by section
4877	4877	4860118, subsection (zz) of section 6 of chapter 64H of the General Laws, inserted by section 120,
4878	4878	4861shall take effect for taxable years beginning on or after January 1, 2025.
4879	4879	4862 SECTION 162. Subsection (hh) of section 6 of chapter 62 of the General Laws, inserted
4880	4880	4863by section 103, and section 38SS of chapter 63 of the General Laws, inserted by section 118,
4881	4881	4864shall take effect for taxable years beginning on or after January 1 of the first year following a
4882	4882	4865fiscal year which closes with a consolidated net surplus of at least $400,000,000 pursuant to
4883	4883	4866section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after the
4884	4884	4867comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of
4885	4885	4868said chapter 29, the commissioner of revenue shall certify to the secretary of administration and
4886	4886	4869finance whether said subsection (hh) of said section 6 of said chapter 62, inserted by said section
4887	4887	4870103, and said section 38SS of said chapter 63, inserted by said section 118, shall take effect 226 of 227
4888	4888	4871pursuant to this section; provided, however, that no such certification by the commissioner of
4889	4889	4872revenue shall be required in any year after said subsection (hh) of said section 6 of said chapter
4890	4890	487362, inserted by said section 103, and said section 38SS of said chapter 63, inserted by said
4891	4891	4874section 118, take effect.
4892	4892	4875 SECTION 163. Sections 3M and 3N of chapter 23A of the General Laws, inserted by
4893	4893	4876section 31, subsections (ee) and (ii) of section 6 of chapter 62 of the General Laws, inserted by
4894	4894	4877section 103, and sections 38OO and 38TT of chapter 63 of the General Laws, inserted by section
4895	4895	4878118, subsection (zz) of section 6 of chapter 64H of the General Laws, inserted by section 120,
4896	4896	4879are hereby repealed; provided, however, that any credits allowed pursuant to this act may be
4897	4897	4880carried forward pursuant to subsections (ee) and (ii) of said section 6 of said chapter 62, inserted
4898	4898	4881by section 103, and said sections 38OO and 38TT of said chapter 63, inserted by section 118,
4899	4899	4882after January 1, 2030.
4900	4900	4883 SECTION 164. Section 163 shall take effect on January 1, 2030.
4901	4901	4884 SECTION 165. Subsection (hh) of section 6 of chapter 62 of the General Laws, inserted
4902	4902	4885by section 103, and section 38SS of chapter 63 of the General Laws, inserted by section 118, are
4903	4903	4886hereby repealed.
4904	4904	4887 SECTION 166. Section 165 shall take effect on January 1 of the sixth tax year following
4905	4905	4888the effective date of subsection (hh) of section 6 of chapter 62 of the General Laws, inserted by
4906	4906	4889section 103, and section 38SS of chapter 63 of the General Laws, inserted by section 118, as
4907	4907	4890determined pursuant to section 162.
4908	4908	4891 SECTION 167. Sections 74, 101, 102; subsections (ff) and (gg) of section 6 of chapter 62
4909	4909	4892of the General Laws, inserted by section 103; sections 38PP, 38QQ, and 38RR of chapter 63 of 227 of 227
4910	4910	4893the General Laws, inserted by section 118; and subsection (yy) of section 6 of chapter 64H of the
4911	4911	4894General Laws, inserted by section 120, shall apply to tax years beginning on or after January 1,
4912	4912	48952024.
4913	4913	4896 SECTION 167A. The exemptions authorized in paragraph (aaa) of section 6 of chapter
4914	4914	489764H of the General Laws, inserted by section 103, shall be effective for costs incurred after the
4915	4915	4898effective date of this act.
4916	4916	4899 SECTION 167A 1/4. Sections 121B and 121D shall take effect on January 1, 2026.
4917	4917	4900 SECTION 167A 1/2. Sections 121C and 121E shall take effect on January 1, 2029.
4918	4918	4901 SECTION 167B. Section 147A shall take effect 90 days after the effective date of this
4919	4919	4902act.
4920	4920	4903 SECTION 167C. Section 160A shall take effect 5 years after the effective date of this act.
4921	4921	4904 SECTION 167D. Sections 78R and 78TT shall take effect on January 1, 2035.
4922	4922	4905 SECTION 167E. Section 78OO shall take effect 1 year after the effective date of this act.