1 | 1 | | CORRECTED |
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2 | 2 | | |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . No. 5100 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _______________ |
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6 | 6 | | The committee of conference on the disagreeing votes of the two branches with reference |
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7 | 7 | | to the Senate amendment (striking out all after the enacting clause and inserting in place thereof |
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8 | 8 | | the text contained in Senate document numbered 2869) of the House Bill relative to strengthening |
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9 | 9 | | Massachusetts’ economic leadership (House, No. 4804), reports, in part, recommending passage |
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10 | 10 | | of the accompanying bill (House, No. 5100) [Bond Issue: General Obligation Bonds: |
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11 | 11 | | $3,958,517,000.00]. November 12, 2024. |
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12 | 12 | | Aaron MichlewitzBarry R. FinegoldJerald A. ParisellaMichael J. Rodrigues David K. Muradian, Jr. CORRECTED |
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13 | 13 | | 1 of 319 |
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14 | 14 | | FILED ON: 11/12/2024 |
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15 | 15 | | HOUSE . . . . . . . . . . . . . . . No. 5100 |
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16 | 16 | | The Commonwealth of Massachusetts |
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17 | 17 | | _______________ |
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18 | 18 | | In the One Hundred and Ninety-Third General Court |
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19 | 19 | | (2023-2024) |
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20 | 20 | | _______________ |
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21 | 21 | | An Act relative to strengthening Massachusetts’ economic leadership. |
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22 | 22 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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23 | 23 | | forthwith finance improvements to the commonwealth’s economic infrastructure, drive industry |
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24 | 24 | | innovation, and promote economic opportunity and job creation, therefore it is hereby declared |
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25 | 25 | | to be an emergency law, necessary for the immediate preservation of the public convenience. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. To provide for a program of community development, economic |
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29 | 29 | | 2opportunities, support for local governments, increased industry innovation, job creation and the |
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30 | 30 | | 3promotion of economic reinvestment through the funding of infrastructure improvements the |
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31 | 31 | | 4sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the |
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32 | 32 | | 5conditions specified in this act, are hereby made available, subject to the laws regulating the |
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33 | 33 | | 6disbursement of public funds. These sums shall be in addition to any amounts previously |
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34 | 34 | | 7authorized and made available for the purposes of those items. The sums set forth in sections 2 to |
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35 | 35 | | 82B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C shall |
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36 | 36 | | 9be made available until June 30, 2034. CORRECTED |
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37 | 37 | | 2 of 319 |
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38 | 38 | | 10 SECTION 2. |
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39 | 39 | | 11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT |
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40 | 40 | | 12 Office of the Secretary |
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41 | 41 | | 13 7002-0083For an employment social enterprise capital grant program to be |
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42 | 42 | | 14administered by the executive office of economic development, in consultation with the |
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43 | 43 | | 15executive office of labor and workforce development, for the development of eligible facilities |
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44 | 44 | | 16for nonprofit employment social enterprises that sell goods and services and enhance economic |
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45 | 45 | | 17development; provided, that eligible applicants shall be nonprofit organizations operating |
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46 | 46 | | 18employment social enterprises targeting individuals facing significant barriers to employment; |
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47 | 47 | | 19provided further, that grants to nonprofits shall support costs associated with the acquisition of |
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48 | 48 | | 20real property, the design, construction, repair, rehabilitation or renovation of an eligible facility |
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49 | 49 | | 21and soft costs directly related to the development of an eligible facility; provided further, that |
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50 | 50 | | 22eligible employment social enterprises shall offer paid employment opportunities to low-income |
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51 | 51 | | 23individuals, with priority to socially and economically disadvantaged populations who |
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52 | 52 | | 24experience complex needs and barriers to employment that require intensive interventions; |
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53 | 53 | | 25provided further, that eligible organizations shall provide the following services for targeted |
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54 | 54 | | 26individuals as an integrated part of their paid employment in a social enterprise: (i) outreach to |
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55 | 55 | | 27targeted populations; (ii) on-the-job training and skill development, including worksite |
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56 | 56 | | 28supervision and performance coaching; (iii) comprehensive supportive services for at least 1 |
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57 | 57 | | 29year, including, but not limited to, case management, aimed at overcoming barriers to |
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58 | 58 | | 30employment; (iv) assistance to obtain external employment; and (v) job retention services, which |
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59 | 59 | | 31shall include follow-up with beneficiaries and employers for at least 1 year to support job CORRECTED |
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60 | 60 | | 3 of 319 |
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61 | 61 | | 32retention and advancement; provided further, that prioritization for grant awards shall be given to |
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62 | 62 | | 33organizations: (a) targeting low-income communities specifically aimed at reducing social and |
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63 | 63 | | 34economic inequities; (b) serving high-risk populations that can demonstrate a significant social |
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64 | 64 | | 35return on investment; and (c) providing goods and services that can demonstrate a positive |
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65 | 65 | | 36community or environmental impact; and provided further, that grants shall be awarded in a |
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66 | 66 | | 37manner that promotes geographic, social and economic |
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67 | 67 | | 38equity………………………………………………………………….$10,000,000 |
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68 | 68 | | 39 7002-1352For a grant program to coastal communities to be administered by the |
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69 | 69 | | 40seaport economic council established by Executive Order No. 564; provided, that funding shall |
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70 | 70 | | 41be used for community planning and investment activities that stimulate economic development |
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71 | 71 | | 42and create jobs in the maritime economy sector and to construct, improve, repair, maintain and |
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72 | 72 | | 43protect coastal assets that are vital to achieving these goals; provided further, that the planning, |
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73 | 73 | | 44prioritization, selection and implementation of projects shall consider climate change impacts in |
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74 | 74 | | 45furtherance of the goals of climate change mitigation and adaptation consistent with the |
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75 | 75 | | 46integrated state hazard mitigation and climate change adaptation plan; and provided further, that |
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76 | 76 | | 47grants or other financial assistance in this item shall only be awarded to projects within |
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77 | 77 | | 48municipalities that have been deemed in compliance or interim compliance with the multi-family |
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78 | 78 | | 49zoning requirement in section 3A of chapter 40A of the General Laws................... $100,000,000 |
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79 | 79 | | 50 7002-1522 For grants administered by the Massachusetts Technology Development |
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80 | 80 | | 51Corporation established in section 2 of chapter 40G of the General Laws and doing business as |
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81 | 81 | | 52MassVentures; provided, that such grants shall be made on a competitive basis to growing |
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82 | 82 | | 53Massachusetts-based companies commercializing technologies developed with the assistance of |
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83 | 83 | | 54a Small Business Innovation Research or Small Business Technology Transfer grant from a CORRECTED |
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84 | 84 | | 4 of 319 |
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85 | 85 | | 55federal agency, including, but not limited to, the United States Department of Defense, the |
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86 | 86 | | 56United States Department of Energy or the National Science Foundation...............$25,000,000 |
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87 | 87 | | 57 7002-1523For grants administered by the Massachusetts Technology Development |
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88 | 88 | | 58Corporation established in section 2 of chapter 40G of the General Laws and doing business as |
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89 | 89 | | 59MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts- |
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90 | 90 | | 60based companies in support of the development of alternative proteins developed with the |
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91 | 91 | | 61assistance of a Small Business Innovation Research or Small Business Technology Transfer |
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92 | 92 | | 62grant from a federal agency including, but not limited to, the United States Department of |
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93 | 93 | | 63Energy, the United States Department of Agriculture, the United States Food and Drug |
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94 | 94 | | 64Administration or the National Science Foundation………………………..……....$5,000,000 |
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95 | 95 | | 65 7002-8039 For the Scientific and Technology Research and Development Matching |
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96 | 96 | | 66Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that not less |
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97 | 97 | | 67than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the |
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98 | 98 | | 68expansion of its department of food science and development of a regional resilient and |
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99 | 99 | | 69sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be |
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100 | 100 | | 70expended to the University of Massachusetts at Dartmouth for blue economy initiatives, |
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101 | 101 | | 71including, but not limited to, blue tech research and the development of new technology created |
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102 | 102 | | 72for improving ocean health, promoting the responsible use of the ocean, stimulating economic |
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103 | 103 | | 73development and creating jobs in the blue economy…….......................................$133,000,000 |
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104 | 104 | | 74 7002-8044 For a program to be administered by the Massachusetts Development |
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105 | 105 | | 75Finance Agency established in section 2 of chapter 23G of the General Laws for site assembly, |
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106 | 106 | | 76site assessment, predevelopment permitting and other predevelopment and marketing activities CORRECTED |
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107 | 107 | | 5 of 319 |
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108 | 108 | | 77that enhance a site’s readiness for commercial, industrial or mixed-use development; provided, |
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109 | 109 | | 78that funds may be used to facilitate the expansion or replication of successful industrial parks and |
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110 | 110 | | 79to support the revitalization of downtown centers; and provided further, that grants or other |
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111 | 111 | | 80financial assistance in this item shall only be awarded to projects within municipalities that have |
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112 | 112 | | 81been deemed in compliance or interim compliance with the multi-family zoning requirement in |
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113 | 113 | | 82section 3A of chapter 40A of the General Laws………………………................ $3,000,000 |
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114 | 114 | | 83 7002-8046 For the growth capital division of the Massachusetts Development Finance |
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115 | 115 | | 84Agency established in section 2 of chapter 23G of the General Laws for a program to provide |
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116 | 116 | | 85matching grants to community development financial institutions certified by the United States |
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117 | 117 | | 86Treasury or community development corporations certified under chapter 40H of the General |
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118 | 118 | | 87Laws to leverage federal or private investment for the purpose of making loans to small |
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119 | 119 | | 88businesses; provided, that such grants shall prioritize socially or economically disadvantaged |
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120 | 120 | | 89businesses, which may include, but shall not be limited to, minority-owned, women-owned, |
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121 | 121 | | 90worker-owned, veteran-owned or immigrant-owned small businesses that have historically faced |
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122 | 122 | | 91obstacles to accessing |
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123 | 123 | | 92capital………………………………………………………………………................ $35,000,000 |
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124 | 124 | | 93 7002-8053For the Brownfields Redevelopment Fund established in section 29A of |
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125 | 125 | | 94chapter 23G of the General Laws; provided, that grants or other financial assistance in this item |
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126 | 126 | | 95shall only be awarded to projects within municipalities that have been deemed in compliance or |
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127 | 127 | | 96interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the |
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128 | 128 | | 97General Laws ……………………………………………………..…….…................ $30,000,000 CORRECTED |
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129 | 129 | | 6 of 319 |
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130 | 130 | | 98 7002-8054For the growth capital division of the Massachusetts Development Finance |
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131 | 131 | | 99Agency established in section 2 of chapter 23G of the General Laws, in consultation with the |
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132 | 132 | | 100microbusiness development center within the Massachusetts office of business development, to |
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133 | 133 | | 101provide grants to low- and moderate-income entrepreneurs to acquire, expand, improve or lease a |
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134 | 134 | | 102facility, purchase or lease equipment or meet other capital needs of a business with not more than |
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135 | 135 | | 10320 employees and annual revenues not exceeding $2,500,000, including alternative energy |
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136 | 136 | | 104generation projects; provided, that preference shall be given to businesses located in low-income |
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137 | 137 | | 105or moderate-income areas or socially or economically disadvantaged businesses, which may |
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138 | 138 | | 106include, but shall not be limited to, minority-owned, women-owned, worker-owned, immigrant- |
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139 | 139 | | 107owned or veteran-owned businesses; and provided further, that grants shall be awarded in a |
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140 | 140 | | 108manner that promotes geographic |
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141 | 141 | | 109equity………………………………………..........................$10,000,000 |
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142 | 142 | | 110 7002-8056 For a competitive grant program to be administered by the office of travel |
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143 | 143 | | 111and tourism; provided, that funds may be used to improve facilities and destinations visited by |
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144 | 144 | | 112in-state and out-of-state travelers to increase visitation, entice repeat visitation and increase the |
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145 | 145 | | 113direct and indirect economic impacts of the tourism industry in all regions of the commonwealth; |
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146 | 146 | | 114provided further, that grants shall support the design, repair, renovation, improvement, expansion |
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147 | 147 | | 115and construction of facilities owned by municipalities or nonprofit entities; provided further, that |
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148 | 148 | | 116grants or other financial assistance in this item shall only be awarded to projects within |
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149 | 149 | | 117municipalities that have been deemed in compliance or interim compliance with the multi-family |
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150 | 150 | | 118zoning requirement in section 3A of chapter 40A of the General Laws; provided further, that in |
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151 | 151 | | 119evaluating grant applications, priority shall be given to projects located in state-designated |
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152 | 152 | | 120cultural districts and projects that promote nature-based, agricultural and other forms of rural CORRECTED |
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153 | 153 | | 7 of 319 |
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154 | 154 | | 121tourism; provided further, that all grantees to improve facilities and destinations visited by in- |
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155 | 155 | | 122state and out-of-state travelers shall provide a match based on a graduated formula determined by |
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156 | 156 | | 123the office of travel and tourism; provided further, that grant recipients shall be required to |
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157 | 157 | | 124measure and report on return-on-investment data after the expenditure of grant funds; provided |
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158 | 158 | | 125further, that grants shall be awarded in a manner that promotes geographic equity; and provided |
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159 | 159 | | 126further, that funds made available in this item may be used to make capital investments that |
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160 | 160 | | 127support the commemoration of the two hundred and fiftieth anniversary of the founding of the |
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161 | 161 | | 128United States………………………………………………..…..…................ $40,000,000 |
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162 | 162 | | 129 7002-8057 For the Commonwealth Zoological Corporation established in section 2 of |
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163 | 163 | | 130chapter 92B of the General Laws for costs associated with the preparation of plans, studies and |
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164 | 164 | | 131specifications, repairs, construction, renovations, improvements, maintenance, asset management |
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165 | 165 | | 132and demolition and other capital improvements including those necessary for the operation of |
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166 | 166 | | 133facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. |
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167 | 167 | | 134Stone Memorial Zoo…………………………………………….….…................ $15,000,000 |
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168 | 168 | | 135 7002-8058For the Massachusetts Broadband Incentive Fund established in section |
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169 | 169 | | 1366C of chapter 40J of the General Laws for capital repairs and improvements to broadband |
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170 | 170 | | 137infrastructure owned by the Massachusetts Technology Park Corporation established in section 3 |
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171 | 171 | | 138of said chapter 40J…………………………………………………..…................$10,000,000 |
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172 | 172 | | 139 7002-8059 For the Massachusetts Technology Park Corporation established in section |
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173 | 173 | | 1403 of chapter 40J of the General Laws for grant programs that support collaboration among |
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174 | 174 | | 141manufacturers located in the commonwealth and institutions of higher education, nonprofit |
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175 | 175 | | 142entities or other public or quasi-public entities; provided, that eligible grantees shall include, but CORRECTED |
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176 | 176 | | 8 of 319 |
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177 | 177 | | 143not be limited to, participants in the Manufacturing USA institutes, public and private academic |
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178 | 178 | | 144institutions, nonprofit entities and private business entities; provided further, that grant programs |
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179 | 179 | | 145funded from this item shall consider the strategic goals and priorities of the advanced |
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180 | 180 | | 146manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and |
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181 | 181 | | 147provided further, that grants shall be awarded in a manner that promotes geographic, social and |
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182 | 182 | | 148economic equity……………………………………………………….…............$99,000,000 |
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183 | 183 | | 149 7002-8061 For the MassWorks infrastructure program established in section 63 of |
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184 | 184 | | 150chapter 23A of the General Laws; provided, that, pursuant to subsection (b) of section 3A of |
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185 | 185 | | 151chapter 40A of the General Laws, grants or other financial assistance in this item shall only be |
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186 | 186 | | 152awarded to projects within municipalities that have been deemed in compliance or interim |
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187 | 187 | | 153compliance with the multi-family zoning requirement in said section 3A of said chapter |
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188 | 188 | | 15440A…………………………………………………………………..….…................$400,000,000 |
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189 | 189 | | 155 7002-8062 For a program to provide assistance to projects that will improve, |
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190 | 190 | | 156rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the |
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191 | 191 | | 157public purposes of eliminating blight, increasing housing production, supporting economic |
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192 | 192 | | 158development projects, increasing the number of commercial buildings accessible to persons with |
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193 | 193 | | 159disabilities and conserving natural resources through the targeted rehabilitation and reuse of |
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194 | 194 | | 160vacant and underutilized property; provided, that such assistance shall take the form of a grant or |
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195 | 195 | | 161loan provided to a municipality or other public entity, a community development corporation, |
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196 | 196 | | 162nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include, |
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197 | 197 | | 163but not be limited to: (i) improvements and additions to or alterations of structures and other |
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198 | 198 | | 164facilities necessary to comply with requirements of building, fire or other life safety codes and |
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199 | 199 | | 165regulations pertaining to accessibility for persons with disabilities where such code or regulatory CORRECTED |
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200 | 200 | | 9 of 319 |
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201 | 201 | | 166compliance is required in connection with a new commercial residential or civic use of such |
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202 | 202 | | 167structure or facility; and (ii) the targeted removal of existing underutilized structures or facilities |
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203 | 203 | | 168to create or activate publicly-accessible recreational or civic spaces; provided further, that |
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204 | 204 | | 169financial assistance in this item may be administered by the executive office of economic |
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205 | 205 | | 170development through a contract with the Massachusetts Development Finance Agency |
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206 | 206 | | 171established in section 2 of chapter 23G of the General Laws; provided further, that the executive |
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207 | 207 | | 172office or the Massachusetts Development Finance Agency may establish additional program |
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208 | 208 | | 173requirements through regulations or policy guidelines; provided further, that funds shall be |
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209 | 209 | | 174awarded on a competitive basis in accordance with guidelines developed by the agency; provided |
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210 | 210 | | 175further, that financial assistance in this item shall be awarded, to the extent feasible, in a manner |
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211 | 211 | | 176that reflects geographic and demographic diversity and social and economic equity within the |
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212 | 212 | | 177commonwealth; provided further, that grants or other financial assistance in this item shall only |
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213 | 213 | | 178be awarded to projects within municipalities that have been deemed in compliance or interim |
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214 | 214 | | 179compliance with the multi-family zoning requirement in section 3A of chapter 40A of the |
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215 | 215 | | 180General Laws; and provided further, that program funds may be used for the reasonable costs of |
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216 | 216 | | 181administering the program not to exceed 5 per cent of the total financial assistance awarded |
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217 | 217 | | 182during the fiscal year……………………………………..….…................$90,000,000 |
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218 | 218 | | 183 7002-8063For the Massachusetts Technology Park Corporation established in section |
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219 | 219 | | 1843 of chapter 40J of the General Laws for matching grants that support alternative proteins among |
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220 | 220 | | 185private entities, institutions of higher education, nonprofit entities and other public or quasi- |
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221 | 221 | | 186public entities located in the commonwealth; provided, that grants shall be awarded and |
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222 | 222 | | 187administered consistent with the strategic goals and priorities of the Massachusetts advanced |
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223 | 223 | | 188manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and CORRECTED |
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224 | 224 | | 10 of 319 |
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225 | 225 | | 189provided further, that grants shall be awarded in a manner that promotes geographic, social and |
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226 | 226 | | 190economic equity…………………………………………………..…………$5,000,000 |
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227 | 227 | | 191 7002-8066For a capital grant program administered by the executive office of |
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228 | 228 | | 192economic development, in consultation with the executive office for administration and finance, |
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229 | 229 | | 193to provide grants to support large, transformational projects to drive economic growth; provided, |
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230 | 230 | | 194that the program may be known as Mass Impact; provided further, that not less than $2,500,000 |
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231 | 231 | | 195shall be expended for the Museum of Science in the city of Boston for the development of a |
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232 | 232 | | 196multimodal riverwalk across the Charles river in order to create a missing pedestrian and cycling |
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233 | 233 | | 197link, connect businesses and support an inclusive tourism ecosystem; provided further, that |
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234 | 234 | | 198projects shall leverage private, federal, municipal or other sources of financial assistance to be |
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235 | 235 | | 199eligible for financial assistance in this item; provided further, that the total amount of state funds |
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236 | 236 | | 200awarded, including, but not limited to funds in this item, for an individual project shall not |
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237 | 237 | | 201exceed 30 per cent of the total development cost of the project; provided further, that the |
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238 | 238 | | 202executive office of economic development shall annually submit a report to the house and senate |
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239 | 239 | | 203committees on ways and means that shall include, but shall not be limited to, the: (i) projects |
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240 | 240 | | 204awarded financial assistance in this item; (ii) total estimated cost of projects awarded financial |
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241 | 241 | | 205assistance in this item; (iii) total amount of state funds awarded to projects, including but not |
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242 | 242 | | 206limited to, financial assistance in this item, delineated by funding source; (iv) total amount of |
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243 | 243 | | 207funding contributed from other sources, including federal, municipal, private or other sources, to |
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244 | 244 | | 208projects awarded financial assistance in this item, delineated by funding source; and (v) |
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245 | 245 | | 209estimated economic impact of projects awarded financial assistance in this item; provided |
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246 | 246 | | 210further, that upon the completion of a project awarded financial assistance in this item, the |
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247 | 247 | | 211executive office shall submit a report to the house and senate committees on ways and means CORRECTED |
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248 | 248 | | 11 of 319 |
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249 | 249 | | 212that shall include, but shall not be limited to, the: (i) total cost of the completed project; (ii) total |
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250 | 250 | | 213amount of state funds expended on the completed project, delineated by funding source; and (iii) |
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251 | 251 | | 214total amount of funding contributed from other sources, including federal, municipal, private or |
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252 | 252 | | 215other sources, to the completed project, delineated by funding source; provided further, that not |
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253 | 253 | | 216less than 3 years and not more than 4 years following completion of a project awarded financial |
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254 | 254 | | 217assistance in this item, the executive office shall submit to the house and senate committees on |
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255 | 255 | | 218ways and means a report detailing the estimated economic impact created by the state’s |
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256 | 256 | | 219investment in such project; and provided further, that grants or other financial assistance in this |
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257 | 257 | | 220item shall only be awarded to projects within municipalities that have been deemed in |
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258 | 258 | | 221compliance or interim compliance with the multi-family zoning requirement in section 3A of |
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259 | 259 | | 222chapter 40A of the General |
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260 | 260 | | 223Laws…....…….……......................................................................…...................$252,500,000 |
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261 | 261 | | 224 7002-8068For the rural development program established in section 66A of chapter |
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262 | 262 | | 22523A of the General Laws....……………………………………….…................$100,000,000 |
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263 | 263 | | 226 7002-8069 For a capital grant program to be administered by the executive office of |
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264 | 264 | | 227economic development to provide grants or other financial assistance to private businesses that |
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265 | 265 | | 228are constructing or expanding commercial, industrial or manufacturing facilities in the |
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266 | 266 | | 229commonwealth which may include, but shall not be limited to: (i) the construction or expansion |
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267 | 267 | | 230of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling |
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268 | 268 | | 231equipment, or incorporates other decarbonization measures that would not otherwise be |
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269 | 269 | | 232incorporated into the facility design; (ii) the integration of design features that make a facility |
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270 | 270 | | 233more resilient to the impacts of climate change, where such design features would not otherwise |
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271 | 271 | | 234be economically feasible; and (iii) capital investments that support the creation of a significant CORRECTED |
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272 | 272 | | 12 of 319 |
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273 | 273 | | 235number of new jobs in the commonwealth; provided, that the secretary of economic development |
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274 | 274 | | 236shall issue program guidelines around the administration of the program which may include the |
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275 | 275 | | 237administration of the program through a contract with the Massachusetts Development Finance |
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276 | 276 | | 238Agency established in section 2 of chapter 23G of the General Laws, or any other appropriate |
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277 | 277 | | 239quasi-governmental agency………………………………………............$25,000,000 |
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278 | 278 | | 240 7002-8070For a capital grant program to be administered by the Massachusetts |
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279 | 279 | | 241Technology Park Corporation established in chapter 40J of the General Laws to support the |
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280 | 280 | | 242adoption and application of artificial intelligence capabilities to public policy problems and to |
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281 | 281 | | 243leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in |
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282 | 282 | | 244technology sectors, including, but not limited to, life sciences, healthcare and hospitals, financial |
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283 | 283 | | 245services, advanced manufacturing, robotics and education; provided, that grants shall support |
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284 | 284 | | 246capital expenses related to activities that leverage emerging artificial intelligence technologies to |
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285 | 285 | | 247advance the commonwealth’s lead in technology sectors; provided further, that grants shall be |
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286 | 286 | | 248awarded and administered in a manner consistent with the strategic goals and priorities of the |
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287 | 287 | | 249Artificial Intelligence Strategic Task Force established by Executive Order No. 628; provided |
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288 | 288 | | 250further, that funds shall be used to support the incubation of artificial intelligence firms, advance |
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289 | 289 | | 251the adoption of artificial intelligence technologies and support artificial intelligence software and |
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290 | 290 | | 252hardware technology development and commercialization activities; and provided further, that |
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291 | 291 | | 253not less than $3,000,000 shall be expended to support the establishment of the commonwealth as |
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292 | 292 | | 254a leader in applied artificial intelligence in financial services by establishing a Financial |
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293 | 293 | | 255Innovation and Research Center in the city of Worcester to conduct research on applied artificial |
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294 | 294 | | 256intelligence and machine learning for the financial services sector, establish literacy and |
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295 | 295 | | 257education programs in artificial intelligence for students, employees, employers and the public, CORRECTED |
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296 | 296 | | 13 of 319 |
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297 | 297 | | 258support entrepreneurship and build an ecosystem for applied research in artificial intelligence |
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298 | 298 | | 259and machine learning in the financial services sector..…………….............. $103,000,000 |
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299 | 299 | | 260 7002-8072 For a competitive program to be administered by the Massachusetts |
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300 | 300 | | 261Technology Park Corporation established in section 3 of chapter 40J of the General Laws to |
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301 | 301 | | 262provide grants or other financial assistance for infrastructure support for industry-led consortia |
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302 | 302 | | 263focused on advancing the commonwealth’s global leadership and growing jobs in key emerging |
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303 | 303 | | 264technology sectors, including, but not limited to, quantum information sciences and technology, |
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304 | 304 | | 265bioindustrial manufacturing and nontherapeutic biomanufacturing, which may include alternative |
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305 | 305 | | 266proteins; provided, that “alternative proteins” shall mean proteins created from plant-based, |
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306 | 306 | | 267ferments or cell-cultured inputs and processes to create foods that share sensory characteristics |
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307 | 307 | | 268that are consistent with conventional meat and dairy products; provided further, that the grants |
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308 | 308 | | 269shall support the development, demonstration, deployment and commercialization of technology |
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309 | 309 | | 270in such key emerging technology sectors; provided further, that funds shall be expended for |
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310 | 310 | | 271infrastructure that support training, company incubation and acceleration, technology testing and |
---|
311 | 311 | | 272evaluation and other commercial and economic development needs; and provided further, that |
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312 | 312 | | 273not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the |
---|
313 | 313 | | 274Pioneer Valley region of the commonwealth……………………………................$115,000,000 |
---|
314 | 314 | | 275 7002-8074 For a competitive program to be administered by the Massachusetts |
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315 | 315 | | 276Technology Park Corporation established in section 3 of chapter 40J of the General Laws to |
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316 | 316 | | 277provide grants or other financial assistance to support research and development of robotics |
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317 | 317 | | 278technology including, but not limited to, robotics incubation, testing, training, workforce |
---|
318 | 318 | | 279development, research and development and commercialization activities; provided, that grants CORRECTED |
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319 | 319 | | 14 of 319 |
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320 | 320 | | 280may be made to nonprofit entities, public or private universities or private business |
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321 | 321 | | 281entities……………………………………………………………………................$25,000,000 |
---|
322 | 322 | | 282 7002-8075For a grant program for cities and towns to support the vitality of |
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323 | 323 | | 283downtowns and main streets; provided, that grants may be used for technical assistance to |
---|
324 | 324 | | 284develop, sustain or strengthen business districts, town centers, commercial corridors, cultural |
---|
325 | 325 | | 285districts or other walkable mixed-use areas; provided further, that funds may be used for |
---|
326 | 326 | | 286community planning and investment activities that stimulate economic development, expand |
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327 | 327 | | 287entrepreneurship and create jobs in the downtown economy sector and to construct, improve, |
---|
328 | 328 | | 288repair, maintain and protect downtown assets; provided further, that the executive office of |
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329 | 329 | | 289economic development may establish additional program requirements through regulations or |
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330 | 330 | | 290policy guidelines; provided further, that funds shall be awarded on a competitive basis in |
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331 | 331 | | 291accordance with such program requirements; and provided further, that financial assistance |
---|
332 | 332 | | 292offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects |
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333 | 333 | | 293geographic and demographic diversity and social and economic equity……………..$9,500,000 |
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334 | 334 | | 294 SECTION 2A. |
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335 | 335 | | 295 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE |
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336 | 336 | | 296 Office of the Secretary |
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337 | 337 | | 297 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42 |
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338 | 338 | | 298of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, |
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339 | 339 | | 299rehabilitation or other capital improvement or deferred maintenance to cultural facilities; |
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340 | 340 | | 300provided, that grants or other financial assistance under this item shall only be awarded to |
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341 | 341 | | 301projects within municipalities that have been deemed in compliance or interim compliance with CORRECTED |
---|
342 | 342 | | 15 of 319 |
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343 | 343 | | 302the multi-family zoning requirement in section 3A of chapter 40A of the General |
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344 | 344 | | 303Laws…………………………………………………………………………………$50,000,000 |
---|
345 | 345 | | 304 1100-2520 For grants or other financial assistance to cities, towns, regional |
---|
346 | 346 | | 305organizations whose membership is exclusively composed of municipal governments, municipal |
---|
347 | 347 | | 306redevelopment authorities or agencies or quasi-governmental agencies to support economic |
---|
348 | 348 | | 307development in the commonwealth, including efforts that support workforce development, |
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349 | 349 | | 308higher education, tourism, arts and culture; provided, that eligible purposes of the grants may |
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350 | 350 | | 309include, but shall not be limited to, planning and studies, preparation of plans and specifications, |
---|
351 | 351 | | 310site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, |
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352 | 352 | | 311construction, demolition, remediation, modernization and reconstruction of facilities, |
---|
353 | 353 | | 312infrastructure, equipment and other capital assets, technical assistance, and information |
---|
354 | 354 | | 313technology equipment and infrastructure; and provided further, that grants or other financial |
---|
355 | 355 | | 314assistance under this item shall only be awarded to projects within municipalities that have been |
---|
356 | 356 | | 315deemed in compliance or interim compliance with the multi-family zoning requirement in |
---|
357 | 357 | | 316section 3A of chapter 40A of the General Laws……………………………$100,000,000 |
---|
358 | 358 | | 317 1100-2521 For the Massachusetts Educational Financing Authority established in |
---|
359 | 359 | | 318section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and |
---|
360 | 360 | | 319others responsible for paying the costs of the student’s education and assist institutions of higher |
---|
361 | 361 | | 320education in supporting access to affordable higher education opportunities………..$85,000,000 |
---|
362 | 362 | | 321 1599-1017For local economic development projects; provided, that not less than |
---|
363 | 363 | | 322$100,000 shall be expended to the Tantasqua regional school district for a district wide electric |
---|
364 | 364 | | 323vehicle charger installation project; provided further, that not less than $5,000,000 shall be CORRECTED |
---|
365 | 365 | | 16 of 319 |
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366 | 366 | | 324expended for Gloucester city hall; provided further, that not less than $1,000,000 shall be |
---|
367 | 367 | | 325expended for the University of Massachusetts at Amherst marine station in the city of Gloucester |
---|
368 | 368 | | 326for a study and implementation plan for the development of the blue economy on the north shore |
---|
369 | 369 | | 327and an ocean cluster on Cape Ann; provided further, that not less than $10,000,000 shall be |
---|
370 | 370 | | 328expended for the town of Manchester-by-the-Sea to modernize, upgrade and expand electrical |
---|
371 | 371 | | 329power transmission and distribution infrastructure for the purpose of hosting the expansion of the |
---|
372 | 372 | | 330Cell Signaling Technology campus; provided further, that not less than $75,000 shall be |
---|
373 | 373 | | 331expended to the town of Shrewsbury for an economic development strategy to promote business |
---|
374 | 374 | | 332development along United States highway route 20; provided further, that not less than $25,000 |
---|
375 | 375 | | 333shall be expended for the façade grant program in the town of Shrewsbury for improvements to |
---|
376 | 376 | | 334commercial buildings of small businesses; provided further, that not less than $150,000 shall be |
---|
377 | 377 | | 335expended for multimodal transportation enhancements and the construction of urban park |
---|
378 | 378 | | 336enhancements in the town center business district in the town of Shrewsbury; provided further, |
---|
379 | 379 | | 337that not less than $1,575,000 shall be expended for economic development through improved |
---|
380 | 380 | | 338infrastructure and roadways for the Otis street project in the town of Westborough; provided |
---|
381 | 381 | | 339further, that not less than $1,000,000 shall be expended for the Taunton municipal lighting plant |
---|
382 | 382 | | 340for the expansion of broadband services to commercial enterprises and residents; provided |
---|
383 | 383 | | 341further, that not less than $10,000,000 shall be expended for a grant program funding capital |
---|
384 | 384 | | 342projects at rest homes; provided further, that not less than $2,000,000 shall be expended for the |
---|
385 | 385 | | 343McKinney playground in the Brighton section of the city of Boston for the implementation of the |
---|
386 | 386 | | 344master plan including ball field renovations and pathway improvements; provided further, that |
---|
387 | 387 | | 345not less than $2,500,000 shall be expended for the rehabilitation of the former Malden district |
---|
388 | 388 | | 346courthouse for the purpose of creating a new arts and culture space; provided further, that not CORRECTED |
---|
389 | 389 | | 17 of 319 |
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390 | 390 | | 347less than $100,000 shall be expended for North Quabbin Chamber of Commerce, Inc.; provided |
---|
391 | 391 | | 348further, that not less than $500,000 shall be expended for the Franklin Regional Council of |
---|
392 | 392 | | 349Governments; provided further, that not less than $200,000 shall be expended for Economic |
---|
393 | 393 | | 350Development and Industrial Corporation in the town of Orange; provided further, that not less |
---|
394 | 394 | | 351than $500,000 shall be expended for the department of public works in the city of Holyoke to |
---|
395 | 395 | | 352develop a strategic plan to maximize revenue and to enhance economic activity and initiatives; |
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396 | 396 | | 353provided further, that not less than $2,000,000 shall be expended to Adams Presidential Center |
---|
397 | 397 | | 354and Foundation, Inc in the city of Quincy; provided further, that not less than $100,000 shall be |
---|
398 | 398 | | 355expended for the town of Wayland for their United States highway route 20 master plan and |
---|
399 | 399 | | 356future town-wide master and strategic plans; provided further, that not less than $100,000 shall |
---|
400 | 400 | | 357be expended to fund an economic development coordinator for the town of Wayland; provided |
---|
401 | 401 | | 358further, that not less $100,000 shall be expended for the implementation of section 3A of chapter |
---|
402 | 402 | | 35940A of the General Laws in the town of Wayland; provided further, that not less than $4,000,000 |
---|
403 | 403 | | 360shall be expended for Holyoke Health Center, Inc. for planning, renovations, improvements, |
---|
404 | 404 | | 361construction, the modernization of facilities, infrastructure, equipment and other capital needs for |
---|
405 | 405 | | 362the workforce education and training center for the Pioneer Valley; provided further, that not less |
---|
406 | 406 | | 363than $500,000 shall be expended for the town of Wakefield for critical upgrades to the Albion |
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407 | 407 | | 364Cultural Exchange to allow for an elevator and accessibility to the second floor for micro work |
---|
408 | 408 | | 365spaces; provided further, that not less than $1,000,000 shall be expended for the Cape Verdean |
---|
409 | 409 | | 366Association of Boston Inc. for the acquisition of their building to continue providing youth |
---|
410 | 410 | | 367employment and violence prevention services; provided further, that not less than $100,000 shall |
---|
411 | 411 | | 368be expended for wayfinding signage improvements and streetscape enhancements in the historic |
---|
412 | 412 | | 369downtown and central business district of the city of Methuen; provided further, that not less CORRECTED |
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413 | 413 | | 18 of 319 |
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414 | 414 | | 370than $20,000 shall be expended for the town of Natick to study the feasibility of shared-use path |
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415 | 415 | | 371along the half-mile stretch of the northeast section of the town between the town of Weston and |
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416 | 416 | | 372the town of Wayland; provided further, that not less than $100,000 shall be expended for |
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417 | 417 | | 373electrical and internet utility service improvements at east Natick industrial park; provided |
---|
418 | 418 | | 374further, that not less than $250,000 shall be expended for improvements to the energy |
---|
419 | 419 | | 375management system at the Nevins Memorial library in the city of Methuen; provided further, that |
---|
420 | 420 | | 376not less than $250,000 shall be expended to support the sustainable re-use of the historic Edward |
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421 | 421 | | 377F. Searles estate in the city of Methuen; provided further, that not less than $500,000 shall be |
---|
422 | 422 | | 378expended for the design of the redevelopment of Middlesex avenue parking structure in the town |
---|
423 | 423 | | 379of Natick; provided further, that not less than $500,000 shall be expended for pedestrian, bike |
---|
424 | 424 | | 380lanes and traffic safety improvements in the town of Natick; provided further, that not less than |
---|
425 | 425 | | 381$200,000 shall be expended for the town of Somerset to support Pedals and Parks program for |
---|
426 | 426 | | 382revitalization of parks and bicycle lanes; provided further, that not less than $2,000,000 shall be |
---|
427 | 427 | | 383expended for the preparation of building a sports complex in western Massachusetts housing the |
---|
428 | 428 | | 384International Volleyball Hall of Fame; provided further, that not less than $500,000 shall be |
---|
429 | 429 | | 385expended for the repurposing of the former police station on Russells Mills road in the town of |
---|
430 | 430 | | 386Dartmouth into a business incubator space for graduates of Greater New Bedford Regional |
---|
431 | 431 | | 387Vocational high school who are under 30 years of age and who did not attend a higher education |
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432 | 432 | | 388institution and are starting a business; provided further, that not less than $150,000 shall be |
---|
433 | 433 | | 389expended for New England Culinary Arts Training for a financial assistance pilot program for |
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434 | 434 | | 390students; provided further, that not less than $500,000 shall be expended for Science Club For |
---|
435 | 435 | | 391Girls in the city of Cambridge to support educational programs in science, technology, |
---|
436 | 436 | | 392engineering and mathematics for girls and gender-expressive youth; provided further, that not CORRECTED |
---|
437 | 437 | | 19 of 319 |
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438 | 438 | | 393less than $5,000,000 shall be expended to the New England Historic Genealogical Society for |
---|
439 | 439 | | 394improvements to areas that house and preserve historical artifacts and records of the |
---|
440 | 440 | | 395commonwealth; provided further, that not less than $6,000,000 shall be expended for the |
---|
441 | 441 | | 396restoration of a historic façade at the Alexandra hotel in the city of Boston; provided further, that |
---|
442 | 442 | | 397not less than $30,000 shall be expended for the construction of a fence around Depot Square park |
---|
443 | 443 | | 398in the town of Ayer; provided further, that not less than $1,750,000 shall be expended for |
---|
444 | 444 | | 399necessary renovation and expansion of the Greater New Bedford Community Health Center, |
---|
445 | 445 | | 400Inc.; provided further, that not less than $500,000 shall be expended for the New Bedford |
---|
446 | 446 | | 401community economic development center for the Capitol theater on Acushnet avenue; provided |
---|
447 | 447 | | 402further, that not less than $150,000 shall be expended to the town of Oakham for building |
---|
448 | 448 | | 403upgrades and general improvements, including the construction of a new town hall; provided |
---|
449 | 449 | | 404further, that not less than $1,000,000 shall be expended for Courniotes hall at American |
---|
450 | 450 | | 405International College for capital improvements and repairs necessary due to lightning strike in |
---|
451 | 451 | | 406July, 2023; provided further, that not less than $150,000 shall be expended for the construction |
---|
452 | 452 | | 407of a new fire station in the town of Barre; provided further, that not less than $2,500,000 shall be |
---|
453 | 453 | | 408expended for capital costs related to the construction of the Louis D. Brown Peace Institute's |
---|
454 | 454 | | 409Center for Healing, Teaching and Learning for families and communities throughout the |
---|
455 | 455 | | 410commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than |
---|
456 | 456 | | 411$10,000,000 shall be expended for the design and construction of a new North End community |
---|
457 | 457 | | 412center in the North End section of the city of Boston; provided further, that not less than |
---|
458 | 458 | | 413$20,000,000 shall be expended for the route 128 exit 19 interchange improvement project (phase |
---|
459 | 459 | | 414II) in the city of Beverly currently identified as Massachusetts Department of Transportation |
---|
460 | 460 | | 415highway project number 607727; provided further, that not less than $150,000 shall be expended CORRECTED |
---|
461 | 461 | | 20 of 319 |
---|
462 | 462 | | 416to the town of Hubbardston for the construction of a new fire station; provided further, that not |
---|
463 | 463 | | 417less than $150,000 shall be expended for the construction of a new police station in the town of |
---|
464 | 464 | | 418Hardwick; provided further, that not less than $250,000 shall be expended for the purpose of |
---|
465 | 465 | | 419promoting economic development and making improvements in the town of Grafton; provided |
---|
466 | 466 | | 420further, that not less than $1,000,000 shall be expended for Children’s Services of Roxbury, Inc. |
---|
467 | 467 | | 421to renovate and transform 2 underutilized buildings; provided further, that not less than $500,000 |
---|
468 | 468 | | 422shall be expended for FORGE to sustain and expand a state-wide program which promotes |
---|
469 | 469 | | 423manufacturing and innovation, including climate tech, through the support of hardtech startup |
---|
470 | 470 | | 424manufacturing readiness and local supply chains; provided further, that not less than $250,000 |
---|
471 | 471 | | 425shall be expended for economic development promotion in the town of Upton; provided further, |
---|
472 | 472 | | 426that not less than $100,000 shall be expended for electronic signage in the city of Lancaster; |
---|
473 | 473 | | 427provided further, that not less than $250,000 shall be expended for Higher Expectations sports |
---|
474 | 474 | | 428complex in the city of Springfield; provided further, that not less than $1,000,000 shall be |
---|
475 | 475 | | 429expended for renovations from the John B. Gough House in the town of Boylston; provided |
---|
476 | 476 | | 430further, that not less than $200,000 shall be expended for septic systems on town-owned land in |
---|
477 | 477 | | 431Post Office square in the town of Sharon; provided further, that not less than $1,000,000 shall be |
---|
478 | 478 | | 432expended for the renovation of the train depot in the town of Stoughton; provided further, that |
---|
479 | 479 | | 433not less than $250,000 shall be expended for the construction of a new fire station in the city of |
---|
480 | 480 | | 434Southbridge; provided further, that not less than $50,000 shall be expended for Hebron food |
---|
481 | 481 | | 435pantry for the costs associated with the purchase and compliance of the building located at 40 |
---|
482 | 482 | | 436Emory street in the city of Attleboro; provided further, that not less than $250,000 shall be |
---|
483 | 483 | | 437expended for promoting economic development and making improvements in the town of |
---|
484 | 484 | | 438Northbridge; provided further, that not less than $1,000,000 shall be expended for capital CORRECTED |
---|
485 | 485 | | 21 of 319 |
---|
486 | 486 | | 439expenditures in the town of Lexington for events related to the 250th anniversary celebration; |
---|
487 | 487 | | 440provided further, that not less than $250,000 shall be expended for African Diaspora Mental |
---|
488 | 488 | | 441Health Association LLC in the city of Springfield; provided further, that not less than $250,000 |
---|
489 | 489 | | 442shall be expended for Stevens Mill, LLC for the renovation of Stevens Linen mill for senior and |
---|
490 | 490 | | 443affordable housing units along with the buildout of new business space in the town of Dudley; |
---|
491 | 491 | | 444provided further, that not less than $2,000,000 shall be expended for the project of dredging the |
---|
492 | 492 | | 445Ten Mile river; provided further, that not less than $500,000 shall be expended to the Friends of |
---|
493 | 493 | | 446Sholan Farms, Inc. for improvements at Sholan Farms in the city of Leominster; provided |
---|
494 | 494 | | 447further, that not less than $500,000 shall be expended for Main Street Indian Orchard downtown |
---|
495 | 495 | | 448revitalization in the city of Springfield; provided further, that not less than $500,000 shall be |
---|
496 | 496 | | 449expended for the development of athletic fields behind the Leominster high school in the city of |
---|
497 | 497 | | 450Leominster; provided further, that not less than $100,000 shall be expended for a United States |
---|
498 | 498 | | 451highway route 20 master plan; provided further, that not less than $5,000,000 shall be expended |
---|
499 | 499 | | 452for the Chinatown branch library in the city of Boston; provided further, that not less than |
---|
500 | 500 | | 453$100,000 shall be expended for recruitment and funding of an economic development |
---|
501 | 501 | | 454coordinator position for the town of Sudbury; provided further, that not less than $3,500,000 |
---|
502 | 502 | | 455shall be expended for the Westmass Area Development Corporation to support the |
---|
503 | 503 | | 456redevelopment and expansion of properties and expenses associated with carbon neutral |
---|
504 | 504 | | 457developments to support the residents and businesses of Ludlow Mills; provided further, that not |
---|
505 | 505 | | 458less than $500,000 shall be expended for Sturdy Health, Inc. for the completion and |
---|
506 | 506 | | 459interconnection of a combined heat and power plant aimed at minimizing the use of fossil-fuel |
---|
507 | 507 | | 460heating and cooling at their facility in the city of Attleboro; provided further, that not less than |
---|
508 | 508 | | 461$50,000 shall be expended for the Corporation for Public Management for the development of a CORRECTED |
---|
509 | 509 | | 22 of 319 |
---|
510 | 510 | | 462downtown initiative in the city of Chicopee; provided further, that not less than $500,000 shall |
---|
511 | 511 | | 463be expended for a water pollution control pump station and combined sewer overflow facility |
---|
512 | 512 | | 464improvements in the city of Chicopee; provided further, that not less than $35,000 shall be |
---|
513 | 513 | | 465expended for the implementation of Locally Grown Sudbury, including Sudbury grown fairs, a |
---|
514 | 514 | | 466climate resilient food security engagement series, a farmers' market feasibility plan and other |
---|
515 | 515 | | 467initiatives for the town of Sudbury; provided further, that not less than $500,000 shall be |
---|
516 | 516 | | 468expended to the city of Leominster for the stabilization of the North Nashua river; provided |
---|
517 | 517 | | 469further, that not less than $250,000 shall be expended for the development and expansion of |
---|
518 | 518 | | 470water infrastructure in the town of Charlton to encourage business development and mitigate |
---|
519 | 519 | | 471PFAS; provided further, that not less than $2,500,000 shall be expended for capital upgrades to |
---|
520 | 520 | | 472the Lynn Community Health Center; provided further, that not less than $250,000 shall be |
---|
521 | 521 | | 473expended for Black History in Action for Cambridgeport, Inc in the city of Cambridge for the |
---|
522 | 522 | | 474design and construction of the Center for Black Exuberance to foster collective liberation |
---|
523 | 523 | | 475practices through the arts, education and public history; provided further, that not less than |
---|
524 | 524 | | 476$5,000,000 shall be expended for capital improvements to the Boston Shipyard and Marina; |
---|
525 | 525 | | 477provided further, that not less than $250,000 shall be expended for Hope Community |
---|
526 | 526 | | 478Development Corporation in the city of Springfield for community outreach; provided further, |
---|
527 | 527 | | 479that not less than $1,000,000 shall be expended for new sidewalks, pedestrian safety, traffic |
---|
528 | 528 | | 480calming and capital improvements for the town of Hamilton’s core business district; provided |
---|
529 | 529 | | 481further, that not less than $250,000 shall be expended for Boys & Girls Club Family Center, Inc. |
---|
530 | 530 | | 482on Acorn street in the city of Springfield; provided further, that not less than $250,000 shall be |
---|
531 | 531 | | 483expended for the Spring of Hope body and soul program; provided further, that not less than |
---|
532 | 532 | | 484$1,500,000 shall be expended for capital improvements to Museum of African American CORRECTED |
---|
533 | 533 | | 23 of 319 |
---|
534 | 534 | | 485History, Incorporated; provided further, that not less than $150,000 shall be expended to the |
---|
535 | 535 | | 486town of Georgetown for the Georgetown Youth Community Center to help youth and at-risk |
---|
536 | 536 | | 487youth develop networking and job skills; provided further, that not less than $2,500,000 shall be |
---|
537 | 537 | | 488expended for the expansion and renovation of the Huntington theatre; provided further, that not |
---|
538 | 538 | | 489less than $300,000 shall be expended to the city of Medford for revitalizing Medford square’s |
---|
539 | 539 | | 490waterfront area for community use and recreational purposes; provided further, that not less than |
---|
540 | 540 | | 491$2,500,000 shall be expended to the city of Boston for the construction planning, capital projects |
---|
541 | 541 | | 492and deferred maintenance by Revolutionary Spaces, Inc. at the Old State House and Old South |
---|
542 | 542 | | 493Meeting House; provided further, that not less than $250,000 shall be expended to Parent |
---|
543 | 543 | | 494Villages, Inc. for a youth outreach center; provided further, that not less than $300,000 shall be |
---|
544 | 544 | | 495expended to Riverside Place in the city of Medford for the installation of seating and outdoor |
---|
545 | 545 | | 496coverage for residents; provided further, that not less than $250,000 shall be expended to |
---|
546 | 546 | | 497Springfield Neighborhood Housing Services, Inc.; provided further, that not less than $150,000 |
---|
547 | 547 | | 498shall be expended to the town of Topsfield for public safety and access improvements to enhance |
---|
548 | 548 | | 499connectivity in and around the downtown area; provided further, that not less than $150,000 shall |
---|
549 | 549 | | 500be expended to the town of Ipswich for the weatherization and efficiency upgrades to the historic |
---|
550 | 550 | | 501Hall-Haskell House and its surrounding historic district; provided further, that not less than |
---|
551 | 551 | | 502$2,000,000 shall be expended for the expansion of the Berkshire Innovation Center at the |
---|
552 | 552 | | 503William Stanley Business Park in the city of Pittsfield; provided further, that not less than |
---|
553 | 553 | | 504$5,000,000 shall be expended to Harvard Street Neighborhood Health Center Inc. for the purpose |
---|
554 | 554 | | 505of planning and construction of a new state of the art, ADA-compliant health center in the |
---|
555 | 555 | | 506Dorchester section of the city of Boston; provided further, that not less than $1,500,000 shall be |
---|
556 | 556 | | 507expended to the city of Fitchburg to assist with the redevelopment, renovation and site CORRECTED |
---|
557 | 557 | | 24 of 319 |
---|
558 | 558 | | 508improvement of underutilized properties to provide additional housing capacity; provided |
---|
559 | 559 | | 509further, that not less than $1,000,000 shall be expended for Lowell Community Health Center, |
---|
560 | 560 | | 510Inc. for the development and operation of the Family Medicine Residency Program; provided |
---|
561 | 561 | | 511further, that not less than $250,000 shall be expended to the town of Mansfield for the designing, |
---|
562 | 562 | | 512planning and improving development in the parkway from North Main street and Chauncy street; |
---|
563 | 563 | | 513provided further, that not less than $150,000 shall be expended to the town of Newbury for the |
---|
564 | 564 | | 514construction of a new, ADA-compliant playground at the Central street athletic fields; provided |
---|
565 | 565 | | 515further, that not less than $100,000 shall be expended to the city of Lawrence for the |
---|
566 | 566 | | 516rehabilitation of the handball court located at the corner of Oxford street and Lowell street; |
---|
567 | 567 | | 517provided further, that not less than $10,000,000 shall be expended to UTEC, Inc. for establishing |
---|
568 | 568 | | 518a new social enterprise facility to provide employment training and best reduce recidivism for |
---|
569 | 569 | | 519individuals in the Merrimack valley area; provided further, that not less than $5,000,000 shall be |
---|
570 | 570 | | 520expended to Sueños Basketball for the construction or procurement of a new youth athletic |
---|
571 | 571 | | 521facility center in Lawrence; provided further, that not less than $500,000 shall be expended to the |
---|
572 | 572 | | 522Fitchburg public library to develop a learning lab for resume workshops and job training |
---|
573 | 573 | | 523programming; provided further, that not less than $2,500,000 shall be expended to the city of |
---|
574 | 574 | | 524Boston for the design and construction of the BCYF Dorchester Community Center; provided |
---|
575 | 575 | | 525further, that not less than $150,000 shall be expended to the town of Southampton for the |
---|
576 | 576 | | 526construction of a new safety complex; provided further, that not less than $35,000 shall be |
---|
577 | 577 | | 527expended for the Godfrey Triangle WWII memorial restoration in Springfield; provided further, |
---|
578 | 578 | | 528that not less than $5,000,000 shall be expended to the city of Boston for the design and |
---|
579 | 579 | | 529renovation of Madison Park Technical Vocational high school; provided further, that not less |
---|
580 | 580 | | 530than $1,000,000 shall be expended for repairs to public parking garages to revitalize the Malden CORRECTED |
---|
581 | 581 | | 25 of 319 |
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582 | 582 | | 531center area of the city of Malden; provided further, that not less than $1,000,000 shall be |
---|
583 | 583 | | 532expended for revitalization of the Pleasant street business district in the city of Malden; provided |
---|
584 | 584 | | 533further, that not less than $300,000 shall be expended to Chelsea Black Community Inc. to |
---|
585 | 585 | | 534support the infrastructure needed for in-house workforce development initiatives; provided |
---|
586 | 586 | | 535further, that not less than $500,000 be expended to La Colaborativa to support expanded access |
---|
587 | 587 | | 536to green jobs and workforce development programs to residents with limited work readiness |
---|
588 | 588 | | 537skills or English fluency; provided further, that not less than $350,000 shall be expended to |
---|
589 | 589 | | 538Governor Bellingham-Cary House Association for needed renovations of the Governor |
---|
590 | 590 | | 539Bellingham-Cary House; provided further, that not less than $800,000 shall be expended for the |
---|
591 | 591 | | 540reconstruction, improvements and to upgrade access to the boat ramp, parking lot and shore |
---|
592 | 592 | | 541fishing facility at Laurel lake in the town of Lee; provided further, that not less than $150,000 |
---|
593 | 593 | | 542shall be expended to the town of Somerset for the façade grant program to assist small businesses |
---|
594 | 594 | | 543in improving their commercial building façades and other exterior features; provided further, that |
---|
595 | 595 | | 544not less than $2,500,000 shall be expended to the Boston Symphony Orchestra for security |
---|
596 | 596 | | 545upgrades at Tanglewood in Berkshire county; provided further, that not less than $250,000 shall |
---|
597 | 597 | | 546be expended for the development of a micro-regional transit program in southern Berkshire |
---|
598 | 598 | | 547county; provided further, that not less than $500,000 shall be expended for the city of Worcester |
---|
599 | 599 | | 548to establish a storefront façade improvement program; provided further, that not less than |
---|
600 | 600 | | 549$500,000 shall be expended for the town of Leicester to redevelop and re-use town-managed |
---|
601 | 601 | | 550property for the development of an entrepreneurship center and commercial kitchen; provided |
---|
602 | 602 | | 551further, that not less than $1,000,000 shall be expended to Berkshire Film and Media |
---|
603 | 603 | | 552Collaborative, Inc. for the completion of the International Education center in Berkshire county; |
---|
604 | 604 | | 553provided further, that not less than $500,000 shall be expended for the emergency replacement of CORRECTED |
---|
605 | 605 | | 26 of 319 |
---|
606 | 606 | | 554the Brookside road bridge in the town of Great Barrington; provided further, that not less than |
---|
607 | 607 | | 555$2,500,000 shall be expended for the acquisition of 167-171 Main street in the city of |
---|
608 | 608 | | 556Marlborough for the design, construction and further economic development efforts of the |
---|
609 | 609 | | 557Marlborough village district; provided further, that not less than $500,000 shall be expended for |
---|
610 | 610 | | 558the town of Leicester to partner with Massachusetts Biotechnology Council, Inc. to establish a |
---|
611 | 611 | | 559veterinary training and research program; provided further, that not less than $300,000 shall be |
---|
612 | 612 | | 560expended for fire and emergency medical services in the town of Norfolk; provided further, that |
---|
613 | 613 | | 561not less than $250,000 shall be expended to the town of Tewksbury to assist in redesigning route |
---|
614 | 614 | | 56238 in the town of Tewksbury from Colonial drive to Shawsheen street; provided further, that not |
---|
615 | 615 | | 563less than $250,000 shall be expended for the redesign of route 38 in the town of Tewksbury; |
---|
616 | 616 | | 564provided further, that not less than $250,000 shall be expended to the town of Wilmington to |
---|
617 | 617 | | 565assist in redesigning route 38 in the town of Wilmington from Burlington avenue to Richmond |
---|
618 | 618 | | 566street; provided further, that not less than $2,000,000 shall be expended to the city of Boston for |
---|
619 | 619 | | 567the redesign and construction of Blue Hill avenue; provided further, that not less than $1,000,000 |
---|
620 | 620 | | 568shall be expended to the town of Tewksbury for restoration, clearing and renovation of, or |
---|
621 | 621 | | 569development of the Trahan Elementary school and North Street Elementary school properties; |
---|
622 | 622 | | 570provided further, that not less than $20,000 shall be expended to the town of Norwell for the |
---|
623 | 623 | | 571purpose of promoting an economic growth plan and making improvements within the town; |
---|
624 | 624 | | 572provided further, that not less than $500,000 shall be expended to the town of Tewksbury for the |
---|
625 | 625 | | 573construction or renovation of sidewalks on North street; provided further, that not less than |
---|
626 | 626 | | 574$1,000,000 shall be expended for the North End Waterfront Neighborhood Health Center; |
---|
627 | 627 | | 575provided further, that not less than $300,000 shall be expended to the town of Southborough for |
---|
628 | 628 | | 576economic development projects, including wayfinding signage; provided further, that not less CORRECTED |
---|
629 | 629 | | 27 of 319 |
---|
630 | 630 | | 577than $300,000 shall be expended to the town of Northborough for economic development |
---|
631 | 631 | | 578projects, including wayfinding signage and signage and façade improvements to the downtown |
---|
632 | 632 | | 579area in the town of Northborough; provided further, that not less than $400,000 shall be |
---|
633 | 633 | | 580expended to the town of Westborough for economic development projects, including the creation |
---|
634 | 634 | | 581of an electric vehicle station plan, costs associated with rotary redesign, sidewalk improvements, |
---|
635 | 635 | | 582and municipal parking improvements, and other projects in the town of Westborough; provided |
---|
636 | 636 | | 583further, that not less than $500,000 shall be expended to Habitat for Humanity Greater Boston, |
---|
637 | 637 | | 584Inc. for infrastructure, renovation and development costs at 104-108 Walter street in the |
---|
638 | 638 | | 585Roslindale section of the city of Boston; provided further, that not less than $2,000,000 shall be |
---|
639 | 639 | | 586expended to the city of Boston for the design and renovation of Billings field in the West |
---|
640 | 640 | | 587Roxbury section of the city of Boston; provided further, that not less than $45,000 shall be |
---|
641 | 641 | | 588expended for the town of Boxborough for the replacement of the culvert at Guggins brook |
---|
642 | 642 | | 589beneath Liberty Square road; provided further, that not less than $50,000 shall be expended to |
---|
643 | 643 | | 590the Economic Development Council of Western Massachusetts, Inc. to assist displaced |
---|
644 | 644 | | 591businesses in the city of Springfield; provided further, that not less than $1,000,000 shall be |
---|
645 | 645 | | 592expended to assist the city of Worcester in its 10-year cultural plan to promote diversity, equity |
---|
646 | 646 | | 593and inclusion programming; provided further, that not less than $250,000 shall be expended to |
---|
647 | 647 | | 594Old Hill Community Center in the city of Springfield; provided further, that not less than |
---|
648 | 648 | | 595$100,000 shall be expended for the Dismas House in the city of Worcester; provided further, that |
---|
649 | 649 | | 596not less than $200,000 shall be expended for the Salem YMCA childcare program outdoor |
---|
650 | 650 | | 597recreational center; provided further, that not less than $500,000 shall be expended for the 2-year |
---|
651 | 651 | | 598pilot program to expand the service of the Salem Skipper into the city of Beverly and the town of |
---|
652 | 652 | | 599Danvers; provided further, that not less than $1,000,000 shall be expended for the South Salem CORRECTED |
---|
653 | 653 | | 28 of 319 |
---|
654 | 654 | | 600commuter rail stop to support the final design phase work; provided further, that not less than |
---|
655 | 655 | | 601$1,500,000 shall be expended to CitySpace, Inc. in the city of Easthampton for the renovation of |
---|
656 | 656 | | 602the old town hall; provided further, that not less than $650,000 shall be expended to Helfrich |
---|
657 | 657 | | 603Brothers Inc. for the investment of advanced machinery specifically designed for the |
---|
658 | 658 | | 604manufacturing of GreenTech products; provided further, that not less than $750,000 shall be |
---|
659 | 659 | | 605expended to the office of transportation planning to conduct a land use and transportation study |
---|
660 | 660 | | 606of the interstate 495 corridor and MetroWest region of the commonwealth as recommended by |
---|
661 | 661 | | 607the 2018 495/MetroWest Suburban Edge Community commission, including: (i) the current |
---|
662 | 662 | | 608conditions of regional transportation in the region; (ii) establishing the future regional |
---|
663 | 663 | | 609transportation, housing and economic development priorities; (iii) making recommendations to |
---|
664 | 664 | | 610improve the region's residents' and workers' mobility; and (iv) connecting the region’s major |
---|
665 | 665 | | 611transit routes; provided further, that not less than $1,000,000 shall be expended to the YMCA of |
---|
666 | 666 | | 612the North Shore, Inc. for the Haverhill YMCA development projects; provided further, that not |
---|
667 | 667 | | 613less than $1,000,000 shall be expended to the city of Haverhill for the repair and renovation of |
---|
668 | 668 | | 614the Haverhill stadium and other park and recreation projects; provided further, that not less than |
---|
669 | 669 | | 615$10,000,000 shall be expended to the Haverhill public library for necessary improvements to |
---|
670 | 670 | | 616infrastructure and accessibility; provided further, that not less than $300,000 shall be expended |
---|
671 | 671 | | 617to the Springfield Symphony Orchestra, Inc. to develop and grow the Springfield symphony |
---|
672 | 672 | | 618youth orchestra and educational programming initiative, for the development of new |
---|
673 | 673 | | 619employment opportunities including paid student internships, for scholarship dollars for |
---|
674 | 674 | | 620educational concerts and to create programming in western Massachusetts; provided further, that |
---|
675 | 675 | | 621not less than $2,000,000 shall be expended for the Boys & Girls Club of Greater Lowell, Inc. for |
---|
676 | 676 | | 622the repair and renovation of the club’s property at Middlesex street in the city of Lowell to allow CORRECTED |
---|
677 | 677 | | 29 of 319 |
---|
678 | 678 | | 623for the expansion and creation of programs to provide workforce development training, aid in |
---|
679 | 679 | | 624closing the academic achievement gap and for the creation of permanent new jobs in the city of |
---|
680 | 680 | | 625Lowell; provided further, that not less than $1,000,000 shall be expended to convert the former |
---|
681 | 681 | | 626McKinley school in the city of Revere into a food hub; provided further, that not less than |
---|
682 | 682 | | 627$10,000,000 shall be expended for Suffolk Downs to support mixed use development for the |
---|
683 | 683 | | 628project in the city of Boston and the city of Revere; provided further, that not less than $280,000 |
---|
684 | 684 | | 629shall be expended for the city of Revere to conduct a master planning exercise for the Squire |
---|
685 | 685 | | 630road corridor; provided further, that not less than $50,000,000 shall be expended for Nubian |
---|
686 | 686 | | 631square for a life sciences training development on the Blair site in the Dudley Square economic |
---|
687 | 687 | | 632development area in the city of Boston; provided further, that not less than $1,000,000 shall be |
---|
688 | 688 | | 633expended to address business improvements and vacancy in West Medford square in the city of |
---|
689 | 689 | | 634Medford; provided further, that not less than $1,000,000 shall be expended for improvements to |
---|
690 | 690 | | 635business districts, sidewalks and bridge repairs in the town of Arlington; provided further, that |
---|
691 | 691 | | 636not less than $1,000,000 shall be expended to address business improvements and vacancy in the |
---|
692 | 692 | | 637town of Arlington; provided further, that not less than $4,700,000 shall be expended for capital |
---|
693 | 693 | | 638repairs, ADA enhancements and a feasibility study for water line replacement on Georges island; |
---|
694 | 694 | | 639provided further, that not less than $2,000,000 shall be expended to the city of Quincy for |
---|
695 | 695 | | 640dredging the channel in Quincy Bay and beach restoration in the Merrymount neighborhood; |
---|
696 | 696 | | 641provided further, that not less than $500,000 shall be expended for Pawtucket Farm Wildlife |
---|
697 | 697 | | 642Sanctuary to protect the last farm in Lowell for urban agriculture, community gardens, youth |
---|
698 | 698 | | 643career development and to build an urban environmental education center; provided further, that |
---|
699 | 699 | | 644not less than $500,000 shall be expended for the Planned Parenthood League of Massachusetts, |
---|
700 | 700 | | 645Inc. for infrastructure projects, including but not limited to, renovations, facility upgrades and the CORRECTED |
---|
701 | 701 | | 30 of 319 |
---|
702 | 702 | | 646expansion of health service areas, to enhance healthcare delivery and support community health |
---|
703 | 703 | | 647needs; provided further, that not less than $1,000,000 shall be expended for the city of Boston to |
---|
704 | 704 | | 648develop a design of a comprehensive park renovation of Clifford park; provided further, that not |
---|
705 | 705 | | 649less than $75,000 shall be expended to the Brookline Community Foundation, Inc. for |
---|
706 | 706 | | 650community theater and diverse cultural programming; provided further, that not less than |
---|
707 | 707 | | 651$5,000,000 shall be expended for the New Bedford Whaling Museum’s welcome and exhibition |
---|
708 | 708 | | 652center; provided further, that not less than $750,000 shall be expended for capital funding to find |
---|
709 | 709 | | 653a new accessible home for Vinfen’s Gateway Arts program, which provides working artists with |
---|
710 | 710 | | 654disabilities a vocational and employment opportunity fostering independence in the community; |
---|
711 | 711 | | 655provided further, that not less than $3,000,000 shall be expended for YMCA Southcoast for |
---|
712 | 712 | | 656infrastructure upgrades; provided further, that not less than $1,000,000 shall be expended for |
---|
713 | 713 | | 657construction of a boat renovation, storage and educational workshop space at the Azorean |
---|
714 | 714 | | 658Maritime Heritage Society, Inc. in the city of New Bedford; provided further, that not less than |
---|
715 | 715 | | 659$2,000,000 shall be expended for the Eastern States Exposition in West Springfield for |
---|
716 | 716 | | 660improvements to the Better Living Center to increase economic activity and tourism in western |
---|
717 | 717 | | 661Massachusetts; provided further, that not less than $500,000 shall be expended for the town of |
---|
718 | 718 | | 662Scituate for the design and construction of North Scituate sewer; provided further, that not less |
---|
719 | 719 | | 663than $500,000 shall be expended for costs associated with the purchase of information |
---|
720 | 720 | | 664technology, medical equipment and interior building construction and licensing for a community |
---|
721 | 721 | | 665health center in the city of Springfield; provided further, that not less than $500,000 shall be |
---|
722 | 722 | | 666expended for improvements to downtown area in the town of Plympton to increase economic |
---|
723 | 723 | | 667activity; provided further, that not less than $800,000 shall be expended for improvements at the |
---|
724 | 724 | | 668intersection of Great Pond road and Osgood street on state highway route 125 and the nearby CORRECTED |
---|
725 | 725 | | 31 of 319 |
---|
726 | 726 | | 669vicinity in the town of North Andover; provided further, that not less than $3,000,000 shall be |
---|
727 | 727 | | 670expended for Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and |
---|
728 | 728 | | 671Regeneration to serve as a focal point in research, workforce development, corporate-university |
---|
729 | 729 | | 672partnerships and entrepreneurial growth in the region; provided further, that not less than |
---|
730 | 730 | | 673$10,000,000 shall be expended for the Massachusetts Port Authority for the planning and |
---|
731 | 731 | | 674rehabilitation of the North Jetty located in the South Boston waterfront to support the offshore |
---|
732 | 732 | | 675wind industry and to import special project and break-bulk cargoes; provided further, that not |
---|
733 | 733 | | 676less than $500,000 shall be expended for the town of Kingston for roadway safety |
---|
734 | 734 | | 677improvements; provided further, that not less than $250,000 shall be expended for the purpose of |
---|
735 | 735 | | 678identifying a proper site and management model and establishing an Upper Cape Blue Economy |
---|
736 | 736 | | 679and Business Accelerator as identified in the Cape Cod Blue Economy Project: A Call to Action |
---|
737 | 737 | | 680report; provided further, that not less than $10,000,000 shall be expended for the reconstruction |
---|
738 | 738 | | 681and rehabilitation of the South Jetty in the Raymond L. Flynn Marine Park in the South Boston |
---|
739 | 739 | | 682section of the city of Boston; provided further, that not less than $250,000 shall be expended to |
---|
740 | 740 | | 683the town of Halifax to assist with the implementation of the MBTA Communities Act provisions; |
---|
741 | 741 | | 684provided further, that not less than $800,000 shall be expended for Westfield State University to |
---|
742 | 742 | | 685build a new mental health hub to address workforce shortages in behavioral health, nursing and |
---|
743 | 743 | | 686healthcare in western Massachusetts; provided further, that not less than $50,000 shall be |
---|
744 | 744 | | 687expended for the Allston-Brighton Community Development Corporation to renovate the Hill |
---|
745 | 745 | | 688House in the city of Boston; provided further, that not less than $100,000 shall be expended for |
---|
746 | 746 | | 689improvements to the South Shore Irish Heritage Trail in the town of Scituate; provided further, |
---|
747 | 747 | | 690that not less than $1,000,000 shall be expended for the historic Iron Horse Music Hall in the city |
---|
748 | 748 | | 691of Northampton; provided further, that not less than $250,000 shall be expended for the Center CORRECTED |
---|
749 | 749 | | 32 of 319 |
---|
750 | 750 | | 692After School Program, Inc. in the city of Springfield; provided further, that not less than |
---|
751 | 751 | | 693$5,000,000 shall be expended for the Boston Children’s Museum for planning, repairs, |
---|
752 | 752 | | 694renovations, improvements, construction and the modernization of facilities, infrastructure, |
---|
753 | 753 | | 695equipment and other capital needs; provided further, that not less than $100,000 shall be |
---|
754 | 754 | | 696expended for the town of Scituate for maintenance and improvements to the Scituate Visitor |
---|
755 | 755 | | 697Center; provided further, that not less than $4,300,000 shall be expended for marina and pier |
---|
756 | 756 | | 698enhancements on Spectacle Island; provided further, that not less than $1,000,000 shall be |
---|
757 | 757 | | 699expended for the city of Boston for the design of connection walking paths to Moakley park in |
---|
758 | 758 | | 700the South Boston section of the city of Boston; provided further, that not less than $500,000 shall |
---|
759 | 759 | | 701be expended for the Zeiterion Performing Arts Center, Inc., for its reopening planning and |
---|
760 | 760 | | 702support; provided further, that not less than $2,000,000 shall be expended for the study, design |
---|
761 | 761 | | 703and construction of a new school building for the Shaw-Taylor Elementary School in the city of |
---|
762 | 762 | | 704Boston; provided further, that not less than $2,000,000 shall be expended for the city of |
---|
763 | 763 | | 705Worcester to support the historic preservation and adaptive reuse of the Worcester Memorial |
---|
764 | 764 | | 706Auditorium; provided further, that not less than $150,000 shall be expended for the Plymouth |
---|
765 | 765 | | 707Regional Economic Development Foundation, Inc. to study ways to meet the needs of resident |
---|
766 | 766 | | 708entrepreneurs and manufacturers; provided further, that not less than $150,000 shall be expended |
---|
767 | 767 | | 709to the town of Plymouth to conduct site assessments and determine suitable locations for |
---|
768 | 768 | | 710commercial redevelopment; provided further, that not less than $150,000 shall be expended to |
---|
769 | 769 | | 711the town of Plymouth to hire a consultant to assist with the Plymouth regional convention center |
---|
770 | 770 | | 712implementation strategy, including site selection, pre-design work, determining market |
---|
771 | 771 | | 713performance, build program, job creation projections, incentives package and infrastructure |
---|
772 | 772 | | 714improvement; provided further, that not less than $150,000 shall be expended to the town of CORRECTED |
---|
773 | 773 | | 33 of 319 |
---|
774 | 774 | | 715Plymouth for improvements to the Herring pond and State road intersection to support |
---|
775 | 775 | | 716commercial growth in the village of Cedarville; provided further, that not less than $500,000 |
---|
776 | 776 | | 717shall be expended for renovations and restoration of the Soldiers and Sailors Memorial Building |
---|
777 | 777 | | 718in the city of Melrose; provided further, that not less than $522,000 shall be expended for capital |
---|
778 | 778 | | 719repairs and Americans with Disabilities Act enhancements to Peddocks island pier; provided |
---|
779 | 779 | | 720further, that not less than $100,000 shall be expended to the town of Clinton for waste removal at |
---|
780 | 780 | | 721the WHEAT Community Services site; provided further, that not less than $250,000 shall be |
---|
781 | 781 | | 722expended to the town of Oxford to facilitate the expansion of sewer services through |
---|
782 | 782 | | 723intermunicipal sewer agreements; provided further, that not less than $100,000 shall be expended |
---|
783 | 783 | | 724to the town of Clinton for furnishings, equipment and materials in support of beautification and |
---|
784 | 784 | | 725placemaking activities in downtown Clinton; provided further, that not less than $250,000 shall |
---|
785 | 785 | | 726be expended for storefront improvements of the Centralville section in the city of Lowell; |
---|
786 | 786 | | 727provided further, that not less than $2,000,000 shall be expended to the town of Canton for the |
---|
787 | 787 | | 728purposes of redeveloping the former St. Gerard Majella church property on Washington street in |
---|
788 | 788 | | 729the town of Canton; provided further, that not less than $500,000 shall be expended for the |
---|
789 | 789 | | 730museum at the Paul Revere Heritage Site in the town of Canton; provided further, that not less |
---|
790 | 790 | | 731than $500,000 shall be expended for improvements to the industrial park in the town of Avon; |
---|
791 | 791 | | 732provided further, that not less than $250,000 shall be expended for the town of Douglas to |
---|
792 | 792 | | 733conduct an updated Master Plan; provided further, that not less than $500,000 shall be expended |
---|
793 | 793 | | 734for roadway and sidewalk improvements for Billerica Center and Boston Road in the town of |
---|
794 | 794 | | 735Billerica; provided further, that not less than $200,000 shall be expended to the city of Westfield |
---|
795 | 795 | | 736for the South Maple and Pleasant streets economic development projects; provided further, that |
---|
796 | 796 | | 737not less than $500,000 shall be expended to Northern Essex Community College to create CORRECTED |
---|
797 | 797 | | 34 of 319 |
---|
798 | 798 | | 738pathways for high school students to pursue licensed practical nurse certification alongside their |
---|
799 | 799 | | 739high school diploma; provided further, that not less than $1,000,000 shall be expended to the city |
---|
800 | 800 | | 740of Boston for the renovation of Daisy field at Olmsted park; provided further, that not less than |
---|
801 | 801 | | 741$100,000 shall be expended to the Springfield Museums Corporation for renovations to the |
---|
802 | 802 | | 742childhood home and garage of Dr. Seuss; provided further, that not less than $100,000 shall be |
---|
803 | 803 | | 743expended to the town of Marshfield for 4 solar panel pedestrian lights; provided further, that not |
---|
804 | 804 | | 744less than $50,000 shall be expended to the city of Lowell for a feasibility study and schematic |
---|
805 | 805 | | 745design in conjunction with the Merrimack Valley Rowing Association for the development of a |
---|
806 | 806 | | 746boathouse and restaurant on property located along the Merrimack river; provided further, that |
---|
807 | 807 | | 747not less than $500,000 shall be expended for the design and construction of the Sword street |
---|
808 | 808 | | 748culvert replacement project in the town of Auburn; provided further, that not less than $200,000 |
---|
809 | 809 | | 749shall be expended to the town of Oxford for economic development of the downtown area; |
---|
810 | 810 | | 750provided further, that not less than $500,000 shall be expended to the city of Melrose for |
---|
811 | 811 | | 751renovations to its public safety buildings; provided further, that not less than $1,000,000 shall be |
---|
812 | 812 | | 752expended to the town of Bedford for public infrastructure related to the proposed fire station at |
---|
813 | 813 | | 753139 Great road; provided further, that not less than $75,000 shall be expended to the Trustees of |
---|
814 | 814 | | 754Reservations for renovations at the William Cullen Bryant homestead property in the town of |
---|
815 | 815 | | 755Cummington; provided further, that not less than $1,500,000 shall be expended on the New |
---|
816 | 816 | | 756Garden Park, Inc infrastructure improvements for the Greendale Project in the city of Worcester; |
---|
817 | 817 | | 757provided further, that not less than $250,000 shall be expended for the Middlesex 3 Coalition to |
---|
818 | 818 | | 758improve economic development programs in the Middlesex 3 region along United States |
---|
819 | 819 | | 759highway route 3 from the town of Burlington to the New Hampshire border; provided further, |
---|
820 | 820 | | 760that not less than $1,000,000 shall be expended for the Create 508 - Youth Creatives and CORRECTED |
---|
821 | 821 | | 35 of 319 |
---|
822 | 822 | | 761Entrepreneurs program in the city of Worcester; provided further, that not less than $125,000 |
---|
823 | 823 | | 762shall be expended for efforts to implement a wayfinding signage plan in Hingham Harbor and to |
---|
824 | 824 | | 763highlight assets to growing businesses, regional shoppers and travelers; provided further, that not |
---|
825 | 825 | | 764less than $500,000 shall be expended to the city of Brockton for roadway and safety |
---|
826 | 826 | | 765improvements at D.W. Field park; provided further, that not less than $1,000,000 shall be |
---|
827 | 827 | | 766expended to the city of Lawrence for small business loans, startup incubators and grants for local |
---|
828 | 828 | | 767businesses to expand operations and create jobs; provided further, that not less than $250,000 |
---|
829 | 829 | | 768shall be expended for the restoration of the Damon Tavern in the town of North Reading; |
---|
830 | 830 | | 769provided further, that not less than $250,000 shall be expended for the Lowell Youth Leadership |
---|
831 | 831 | | 770Program, Inc. in the city of Lowell; provided further, that not less than $5,000,000 shall be |
---|
832 | 832 | | 771expended to expand the life sciences apprenticeship program administered by the Massachusetts |
---|
833 | 833 | | 772Biotechnology Educational Foundation, Inc.; provided further, that not less than $250,000 shall |
---|
834 | 834 | | 773be expended to the town of Walpole in order to reopen the East Walpole Fire Station; provided |
---|
835 | 835 | | 774further, that not less than $300,000 shall be expended to the Neponset River Regional Chamber |
---|
836 | 836 | | 775of Commerce; provided further, that not less than $75,000 in matching grants shall be expended |
---|
837 | 837 | | 776for improvements to Newhall Park in the town of Lynnfield; provided further, that not less than |
---|
838 | 838 | | 777$100,000 shall be expended to the Neponset River Regional Chamber to establish a business |
---|
839 | 839 | | 778incubator accelerator space for regional business growth; provided further, that not less than |
---|
840 | 840 | | 779$5,000,000 shall be expended for a pilot program for supportive housing loans and rental |
---|
841 | 841 | | 780assistance through the Massachusetts rental voucher program to support the development by the |
---|
842 | 842 | | 781Charles River Center of permanent independent housing for individuals with autism or |
---|
843 | 843 | | 782intellectual disabilities in an integrated housing development, through partnerships with 1 or |
---|
844 | 844 | | 783more nonprofit organizations and including the provision of services to such development; CORRECTED |
---|
845 | 845 | | 36 of 319 |
---|
846 | 846 | | 784provided further, that not less than $500,000 shall be expended to the city of Brockton for the |
---|
847 | 847 | | 785support of downtown revitalization efforts; provided further, that not less than $125,000 shall be |
---|
848 | 848 | | 786expended to the town of Reading for the proper recognition of former resident, civil rights leader |
---|
849 | 849 | | 787and Boston Celtics’ great Bill Russell; provided further, that not less than $1,000,000 shall be |
---|
850 | 850 | | 788expended to the town of Belchertown for repairs, renovations and remediation of town-owned |
---|
851 | 851 | | 789buildings formerly serving as the Belchertown State School; provided further, that not less than |
---|
852 | 852 | | 790$1,000,000 shall be expended to the city of Lawrence for training programs, apprenticeships and |
---|
853 | 853 | | 791educational initiatives to enhance the skills of the workforce and meet the needs of emerging |
---|
854 | 854 | | 792industries; provided further, that not less than $950,000 shall be expended for the |
---|
855 | 855 | | 793RecoveryWorks program at Massachusetts General Hospital; provided further, that not less than |
---|
856 | 856 | | 794$200,000 in matching grants shall be expended for the construction of the new municipal |
---|
857 | 857 | | 795complex in the town of Middleton; provided further, that not less than $1,000,000 shall be |
---|
858 | 858 | | 796expended to the town of West Springfield for planning and acquiring land for the development of |
---|
859 | 859 | | 797a new police station; provided further, that not less than $250,000 shall be expended to the town |
---|
860 | 860 | | 798of Oxford to construct a “Welcome & Interpretive Center” in conjunction with expanded |
---|
861 | 861 | | 799community wayfinding, branding and streetscape improvements; provided further, that not less |
---|
862 | 862 | | 800than $150,000 shall be expended for the establishment of the Greylock Glen Commission; |
---|
863 | 863 | | 801provided further, that not less than $325,000 shall be expended to Lever, Inc. to support |
---|
864 | 864 | | 802entrepreneurs in Berkshire county; provided further, that not less than $500,000 shall be |
---|
865 | 865 | | 803expended for the Williamstown Meetinghouse Preservation Fund, Inc.; provided further, that not |
---|
866 | 866 | | 804less than $250,000 shall be expended for the Adams Theater in the town of Adams; provided |
---|
867 | 867 | | 805further, that not less than $325,000 shall be expended for renovations of the Mohawk Theater in |
---|
868 | 868 | | 806the town of North Adams; provided further, that not less than $350,000 shall be expended for the CORRECTED |
---|
869 | 869 | | 37 of 319 |
---|
870 | 870 | | 807Massachusetts Museum of Contemporary Art in the town of North Adams; provided further, that |
---|
871 | 871 | | 808not less than $500,000 shall be expended to the town of Burlington for a design study to advance |
---|
872 | 872 | | 809state highway route 3A and Cambridge street roadway improvements that support safe mobility |
---|
873 | 873 | | 810options and unlock new housing and mixed-use development in the Burlington town center; |
---|
874 | 874 | | 811provided further, that not less than $1,000,000 shall be expended to the city known as the town |
---|
875 | 875 | | 812of Amherst to make business district sidewalks fully accessible to residential neighborhoods; |
---|
876 | 876 | | 813provided further, that not less than $1,000,000 shall be expended for construction and other |
---|
877 | 877 | | 814project costs of a new department of public works facility in the town of Boxford; provided |
---|
878 | 878 | | 815further, that not less than $1,000,000 shall be expended to the town of Granby to develop, |
---|
879 | 879 | | 816renovate or construct the Granby municipal building; provided further, that not less than $50,000 |
---|
880 | 880 | | 817shall be expended to the town of Wellesley for the early development stages of an arts and |
---|
881 | 881 | | 818cultural center; provided further, that not less than $500,000 shall be expended for capital |
---|
882 | 882 | | 819improvements to Follow Your Art Community Studios, Inc. in the city of Melrose; provided |
---|
883 | 883 | | 820further, that not less than $200,000 shall be expended to the town of Dighton for infrastructure |
---|
884 | 884 | | 821upgrades to the Main street corridor zoned for business; provided further, that not less than |
---|
885 | 885 | | 822$50,000 shall be expended for façade and storefront improvements in the Vinal square section of |
---|
886 | 886 | | 823the town of Chelmsford; provided further, that not less than $5,000,000 shall be expended for |
---|
887 | 887 | | 824rural wastewater and public water supplies; provided further, that not less than $1,000,000 shall |
---|
888 | 888 | | 825be expended to the city known as the town of Amherst for the installation of solar canopies on |
---|
889 | 889 | | 826municipal parking lots; provided further, that not less than $500,000, shall be expended for |
---|
890 | 890 | | 827Americans with Disabilities Act compliance for elevator construction for the redevelopment of |
---|
891 | 891 | | 828multi-story properties within business districts in the city of Lowell; provided further, that not |
---|
892 | 892 | | 829less than $100,000 shall be expended to the town of West Newbury for the construction of a CORRECTED |
---|
893 | 893 | | 38 of 319 |
---|
894 | 894 | | 830crosswalk at the Page school/Pipestave intersection; provided further, that not less than $750,000 |
---|
895 | 895 | | 831shall be expended to the Woburn Golf and Ski Authority for water delivery system |
---|
896 | 896 | | 832improvements, including irrigation; provided further, that not less than $500,000 shall be |
---|
897 | 897 | | 833expended to the Shelburne Falls fire district for the bridge of flowers; provided further, that not |
---|
898 | 898 | | 834less than $50,000 shall be expended for the Sports Museum of New England for archive |
---|
899 | 899 | | 835preservation support for exhibits, visitors and the commonwealth; provided further, that not less |
---|
900 | 900 | | 836than $1,000,000 shall be expended to the town of Boxford for the repairs to the superstructure of |
---|
901 | 901 | | 837the Endicott road bridge; provided further, that not less than $10,000,000 shall be expended to |
---|
902 | 902 | | 838support the critical care operations of New England Life Flight, Inc., d/b/a Boston MedFlight; |
---|
903 | 903 | | 839provided further, that not less than $500,000 shall be expended for a commercial fisheries |
---|
904 | 904 | | 840workforce development training program in the Cape Cod region to build a career pipeline that |
---|
905 | 905 | | 841supports the commercial fishing industry; provided further, that not less than $1,000,000 shall be |
---|
906 | 906 | | 842expended to the Naismith Basketball Hall of Fame in the city of Springfield to establish a new |
---|
907 | 907 | | 843major exhibit exploring the intersection of basketball and hip-hop music, showcasing its diverse |
---|
908 | 908 | | 844impact on society; provided further, that not less than $12,000,000 shall be expended for |
---|
909 | 909 | | 845construction, renovation and infrastructure improvements to support the imaging innovation |
---|
910 | 910 | | 846initiative for the Marine Biological Laboratory located in Woods Hole section of the town of |
---|
911 | 911 | | 847Falmouth; provided further, that not less than $1,000,000 shall be expended for Greentown Labs |
---|
912 | 912 | | 848in the city of Somerville for operations and diverse entrepreneurship program, operational |
---|
913 | 913 | | 849support and for graduates of the Accel accelerator program for diverse entrepreneurs to join the |
---|
914 | 914 | | 850Greentown incubator as member companies; provided further, that not less than $2,000,000 shall |
---|
915 | 915 | | 851be expended to Roxbury Main Streets to provide relief for license fees, rent and payroll for micro |
---|
916 | 916 | | 852businesses on Blue Hill avenue; provided further, that not less than $300,000 shall be expended CORRECTED |
---|
917 | 917 | | 39 of 319 |
---|
918 | 918 | | 853to the city known as the town of Agawam for the Walnut street extension and the Ramah circle |
---|
919 | 919 | | 854redevelopment and redesign project; provided further, that not less than $150,000 shall be |
---|
920 | 920 | | 855expended to the Cape Cod Chamber of Commerce and the Cape Cod Commission to support |
---|
921 | 921 | | 856deployment of electric vehicle charging stations at Cape Cod hotels and other accommodation |
---|
922 | 922 | | 857locations by analyzing industry and local trends, creating installation and grant guides, |
---|
923 | 923 | | 858conducting outreach and support activities, and developing a pilot incentive program to |
---|
924 | 924 | | 859complement existing state and utility programs; provided further, that not less than $2,000,000 |
---|
925 | 925 | | 860shall be expended for the Middleton Electric Light Department in the town of Middleton to |
---|
926 | 926 | | 861modernize, upgrade and expand electrical power transmission and distribution infrastructure for |
---|
927 | 927 | | 862the purpose of ensuring an adequate backup system for the town’s municipal and public safety |
---|
928 | 928 | | 863facilities, electric vehicle infrastructure and utility scale solar, battery storage capacity during |
---|
929 | 929 | | 864grid outages; provided further, that not less than $350,000 shall be expended to support New |
---|
930 | 930 | | 865England Public Media's facility through infrastructure improvements and staffing that will serve |
---|
931 | 931 | | 866to create economic opportunities, promote job creation, increase industry innovation and support |
---|
932 | 932 | | 867community engagement; provided further, that not less than $5,000,000 shall be expended to |
---|
933 | 933 | | 868support the replacement and upgrade of the energy and heating system at Beverly Hospital; |
---|
934 | 934 | | 869provided further, that not less than $500,000 shall be expended to the town of Danvers for river |
---|
935 | 935 | | 870resiliency upgrades and expanding pedestrian access to Danversport waterfront and businesses; |
---|
936 | 936 | | 871provided further, that not less than $50,000 shall be expended for the startup of the Framingham |
---|
937 | 937 | | 872Economic Development Corporation established in chapter 283 of the acts of 2022; provided |
---|
938 | 938 | | 873further, that not less than $1,000,000 shall be expended for the pedestrian bridge at Torbert |
---|
939 | 939 | | 874MacDonald state park in the city of Medford; provided further, that not less than $150,000 shall |
---|
940 | 940 | | 875be expended for capital improvements in the town of Wenham to enhance and revitalize the CORRECTED |
---|
941 | 941 | | 40 of 319 |
---|
942 | 942 | | 876downtown corridor; provided further, that not less than $500,000 shall be expended to the town |
---|
943 | 943 | | 877of North Reading for roadway improvements to Concord street in the town of North Reading; |
---|
944 | 944 | | 878provided further, that not less than $1,000,000 shall be expended to expand and design the state |
---|
945 | 945 | | 879highway route 110 widening project in the town of Westford; provided further, that not less than |
---|
946 | 946 | | 880$3,000,000 shall be expended for the redevelopment of the property located at 12 North Main |
---|
947 | 947 | | 881street in the town of Westford; provided further, that not less than $200,000 shall be expended |
---|
948 | 948 | | 882for equipment, upgrades and other services for a wellness center for the police department of the |
---|
949 | 949 | | 883town of Westford; provided further, that not less than $250,000 shall be expended for |
---|
950 | 950 | | 884improvements to the Cogswell ArtSpace in the city of Haverhill; provided further, that not less |
---|
951 | 951 | | 885than $1,000,000 shall be expended to the city of Somerville to support adult education and |
---|
952 | 952 | | 886English literacy at the Somerville Center for Adult Learning Experiences; provided further, that |
---|
953 | 953 | | 887not less than $1,000,000 shall be expended for renovation and restoration of the Harry G. |
---|
954 | 954 | | 888Uhlman, Jr. Memorial Band Stand in Marine Park in the South Boston section of the city of |
---|
955 | 955 | | 889Boston; provided further, that not less than $5,000,000 shall be expended for businesses with not |
---|
956 | 956 | | 890more than 10 employees or sole proprietorships and annual net profits not exceeding $250,000; |
---|
957 | 957 | | 891provided further, that not less than $1,000,000 shall be expended to the Develop Springfield |
---|
958 | 958 | | 892Corporation to support the adaptive reuse for housing and commercial development for the main |
---|
959 | 959 | | 893and state street development project in the downtown section of the city of Springfield; provided |
---|
960 | 960 | | 894further, that not less than $200,000 shall be expended for lighting and security improvements to |
---|
961 | 961 | | 895the north end bike path in the city of Springfield; provided further, that not less than $500,000 |
---|
962 | 962 | | 896shall be expended for Boston Little Saigon, Inc. to establish and maintain 1975: A Vietnamese |
---|
963 | 963 | | 897Diaspora Memorial in the Dorchester section of the city of Boston in the area known as the Little |
---|
964 | 964 | | 898Saigon district; provided further, that such funds may be expended for commemorative events in CORRECTED |
---|
965 | 965 | | 41 of 319 |
---|
966 | 966 | | 8992025 related to the fiftieth anniversary of the end of the Vietnam war; provided further, that not |
---|
967 | 967 | | 900less than $500,000 shall be expended to the town of Sterling for upgrades in downtown Sterling; |
---|
968 | 968 | | 901provided further, that not less than $20,000,000 shall be expended for a grant to the Martin |
---|
969 | 969 | | 902Richard Foundation and the Boys and Girls Clubs of Dorchester, Inc. to support the construction |
---|
970 | 970 | | 903and renovation of the fieldhouse in the Harbor Point neighborhood in the Dorchester section of |
---|
971 | 971 | | 904the city of Boston, a facility utilized for advancing the social, intellectual or physical needs of |
---|
972 | 972 | | 905children and youth; provided further, that the grants may be matched from local and private |
---|
973 | 973 | | 906sources; provided further, that not less than $1,000,000 shall be expended to the Leahy-Holloran |
---|
974 | 974 | | 907Community Center for infrastructure upgrades and maintenance of the pool, locker room and |
---|
975 | 975 | | 908restroom facilities; provided further, that not less than $500,000 shall be expended to the city of |
---|
976 | 976 | | 909Braintree for economic development; provided further, that not less than $1,000,000 shall be |
---|
977 | 977 | | 910expended for Fields Corner Main Streets to develop and maintain a transit-oriented, vibrant and |
---|
978 | 978 | | 911diverse business district; provided further, that not less than $150,000 shall be expended for |
---|
979 | 979 | | 912economic development in the town of Belmont; provided further, that not less than $250,000 |
---|
980 | 980 | | 913shall be expended for economic development in the town of Holbrook; provided further, that not |
---|
981 | 981 | | 914less than $300,000 shall be expended for the Irish Pastoral Center for resources and staffing to |
---|
982 | 982 | | 915provide educational and workforce training to low-income and marginalized residents; provided |
---|
983 | 983 | | 916further, that not less than $250,000 shall be expended for Gallivan boulevard median for |
---|
984 | 984 | | 917greening through tree cover in the Dorchester section of the city of Boston; provided further, that |
---|
985 | 985 | | 918not less than $400,000 shall be expended for Boston Harbor Now, Inc. for an electrified ferry |
---|
986 | 986 | | 919fleet from the Boston Harbor Islands National and State Park area gateways; provided further, |
---|
987 | 987 | | 920that not less than $125,000 shall be expended for the town of West Springfield’s planning |
---|
988 | 988 | | 921department to promote economic development opportunities; provided further, that not less than CORRECTED |
---|
989 | 989 | | 42 of 319 |
---|
990 | 990 | | 922$1,000,000 shall be expended for costs associated with the Mount Auburn street improvement |
---|
991 | 991 | | 923project in the city of Watertown; provided further, that not less than $500,000 shall be expended |
---|
992 | 992 | | 924for the planning, design, renovation and restoration of the town common and town center in town |
---|
993 | 993 | | 925of Winchester; provided further, that not less than $500,000 shall be expended for the planning, |
---|
994 | 994 | | 926design, renovation and restoration of the Winchester Town Hall; provided further, that not less |
---|
995 | 995 | | 927than $500,000 shall be expended for intersection improvements in the town of Stoneham; |
---|
996 | 996 | | 928provided further, that not less than $500,000 shall be expended for the planning, design, |
---|
997 | 997 | | 929renovation and restoration of Whip Hill in the town of Stoneham; provided further, that not less |
---|
998 | 998 | | 930than $500,000 shall be expended to obtain right-of-way as necessary for reconstruction of the |
---|
999 | 999 | | 931intersection of North Quincy street and Crescent street in the city of Brockton; provided further, |
---|
1000 | 1000 | | 932that not less than $500,000 shall be expended for Brockton public safety complex; provided |
---|
1001 | 1001 | | 933further, that not less than $400,000 shall be expended for the monitoring, stabilization or capping |
---|
1002 | 1002 | | 934of a ground soil PFAS contamination site near the town water wells in the town of Pepperell; |
---|
1003 | 1003 | | 935provided further, that not less than $500,000 shall be expended for the town of Dunstable for the |
---|
1004 | 1004 | | 936development of the Dunstable town center trail loop to enhance accessibility and encourage |
---|
1005 | 1005 | | 937active transportation and recreation; provided further, that not less than $35,000 shall be |
---|
1006 | 1006 | | 938expended for the town of Harvard for the purchase of a drone to be used by the police and fire |
---|
1007 | 1007 | | 939departments; provided further, that not less than $500,000 shall be expended for the design and |
---|
1008 | 1008 | | 940construction of a youth programming facility operated by SPOKE in the Old Colony |
---|
1009 | 1009 | | 941Redevelopment in the South Boston section of the city of Boston; provided further, that not less |
---|
1010 | 1010 | | 942than $2,000,000 shall be expended for the design of Ryan Playground in the Charlestown section |
---|
1011 | 1011 | | 943of the city of Boston; provided further, that not less than $100,000 shall be expended for the Fort |
---|
1012 | 1012 | | 944Point Arts Community for art and music festivals and performances; provided further, that not CORRECTED |
---|
1013 | 1013 | | 43 of 319 |
---|
1014 | 1014 | | 945less than $500,000 shall be expended for Americans with Disabilities Act compliance at the |
---|
1015 | 1015 | | 946woodworking shop in the Dennis-Yarmouth Regional High School; provided further, that not |
---|
1016 | 1016 | | 947less than $500,000 shall be expended for the planning, design or construction of public |
---|
1017 | 1017 | | 948infrastructure projects in the Commercial Triangle area of the city of Everett; provided further, |
---|
1018 | 1018 | | 949that not less than $150,000 shall be expended for the improvements to street fronts of businesses |
---|
1019 | 1019 | | 950in the city of Everett; provided further, that not less than $2,000,000 shall be expended for the |
---|
1020 | 1020 | | 951redesign of Everett square; provided further, that not less than $200,000 shall be expended for |
---|
1021 | 1021 | | 952East Somerville Main Streets for the further promotion of East Somerville as a culinary and |
---|
1022 | 1022 | | 953cultural tourism destination; provided further, that not less than $20,000 shall be expended for |
---|
1023 | 1023 | | 954the 250th American Revolution anniversary planning and programming jointly by the town of |
---|
1024 | 1024 | | 955Danvers, Danvers Alarm List Co., Danvers Historical Society and Peabody Historical Society; |
---|
1025 | 1025 | | 956provided further, that not less than $500,000 shall be expended for the Amherst council on aging |
---|
1026 | 1026 | | 957facility in the city known as the town of Amherst; provided further, that not less than $5,000,000 |
---|
1027 | 1027 | | 958shall be expended for the city of Somerville to improve pedestrian access to the East Somerville |
---|
1028 | 1028 | | 959MBTA Station; provided further, that not less than $5,000,000 shall be expended for the |
---|
1029 | 1029 | | 960department of conservation and recreation to create a public-private partnership to implement a |
---|
1030 | 1030 | | 961public marina at the dock located between the Steriti memorial skating rink and the Prince street |
---|
1031 | 1031 | | 962park on Commercial street in the North End section of the city of Boston; provided further, that |
---|
1032 | 1032 | | 963not less than $1,000,000 shall be expended to study economic viability and infrastructure along |
---|
1033 | 1033 | | 964state highway route 99 in the Sullivan Square section of Charlestown section of the city of |
---|
1034 | 1034 | | 965Boston; provided further, that not less than $2,000,000 shall be expended for PFAS mitigation |
---|
1035 | 1035 | | 966and remediation in the town of Littleton; provided further, that not less than $5,000,000 shall be |
---|
1036 | 1036 | | 967expended for the USS Constitution Museum to plan, design and fabricate dynamic interactive CORRECTED |
---|
1037 | 1037 | | 44 of 319 |
---|
1038 | 1038 | | 968exhibits to offer a world-class introduction in a new gateway facility; provided further, that not |
---|
1039 | 1039 | | 969less than $100,000 shall be expended for the One Bead Project for career readiness programming |
---|
1040 | 1040 | | 970for school age children in the city of Boston; provided further, that not less than $300,000 shall |
---|
1041 | 1041 | | 971be expended to the Newton Cultural Alliance for exterior signage and to make improvements to |
---|
1042 | 1042 | | 972the driveways and parking areas at the Nathaniel Allen House; provided further, that not less |
---|
1043 | 1043 | | 973than $350,000 shall be expended for the Belmont hockey program; provided further, that not less |
---|
1044 | 1044 | | 974than $100,000 shall be expended for the Ames Free Library in the town of Easton; provided |
---|
1045 | 1045 | | 975further, that not less than $75,000 shall be expended for the Newton Cultural Alliance, Inc., |
---|
1046 | 1046 | | 976Newton Community Pride and New Art Center in Newton, Inc. for the creation of the |
---|
1047 | 1047 | | 977Washington Street Cultural Coalition to provide research and staffing for the planning of a new |
---|
1048 | 1048 | | 978cultural district in the city of Newton to stimulate local businesses and cultural events; provided |
---|
1049 | 1049 | | 979further, that not less than $150,000 shall be expended for the town of Southwick for the design |
---|
1050 | 1050 | | 980and construction of culvert projects on Tannery road and Vining Hill road; provided further, that |
---|
1051 | 1051 | | 981not less than $150,000 shall be expended for economic development in the city known as the |
---|
1052 | 1052 | | 982town of Agawam; provided further, that not less than $150,000 shall be expended for economic |
---|
1053 | 1053 | | 983development in the town of Southwick; provided further, that not less than $60,000 shall be |
---|
1054 | 1054 | | 984expended for updating the 2019 Littleton Common revitalization road map; provided further, that |
---|
1055 | 1055 | | 985not less than $100,000 shall be expended for the Bacon Free Library in the town of Natick; |
---|
1056 | 1056 | | 986provided further, that not less than $25,000 shall be expended for Amesbury Chamber of |
---|
1057 | 1057 | | 987Commerce to update their computer systems; provided further, that not less than $100,000 shall |
---|
1058 | 1058 | | 988be expended for the Greater Lowell Chamber of Commerce to conduct small business training in |
---|
1059 | 1059 | | 989the city of Lowell and the towns of Billerica, Chelmsford, Dracut, Tewksbury and |
---|
1060 | 1060 | | 990Tyngsborough; provided further, that not less than $50,000 shall be expended for the Boys and CORRECTED |
---|
1061 | 1061 | | 45 of 319 |
---|
1062 | 1062 | | 991Girls Club of Greater Westfield, Inc.; provided further, that not less than $1,000,000 shall be |
---|
1063 | 1063 | | 992expended for infrastructure improvements on the site of the former Winthrop middle school on |
---|
1064 | 1064 | | 993Pauline street in the city of Winthrop; provided further, that not less than $10,000,000 shall be |
---|
1065 | 1065 | | 994expended for infrastructure and other public improvements to support the redevelopment of the |
---|
1066 | 1066 | | 995Watertown Square section of the city of Watertown; provided further, that not less than |
---|
1067 | 1067 | | 996$4,000,000 shall be expended for water system needs in the town of Northfield; provided further, |
---|
1068 | 1068 | | 997that not less than $4,000,000 shall be expended for a research and education regional simulation |
---|
1069 | 1069 | | 998lab at the Elaine Marieb College of Nursing at the University of Massachusetts at Amherst; |
---|
1070 | 1070 | | 999provided further, that not less than $1,000,000 shall be expended for design, engineering, repairs |
---|
1071 | 1071 | | 1000and improvements to the King street bridge in the town of Royalston; provided further, that not |
---|
1072 | 1072 | | 1001less than $1,000,000 shall be expended for capital repairs and improvements to the Academy of |
---|
1073 | 1073 | | 1002Music in the city of Northampton; provided further, that not less than $200,000 shall be |
---|
1074 | 1074 | | 1003expended for capital upgrades and improvements to the Veterans of Foreign Wars parkway in the |
---|
1075 | 1075 | | 1004West Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be |
---|
1076 | 1076 | | 1005expended for capital upgrades and improvements to the West Roxbury parkway in the West |
---|
1077 | 1077 | | 1006Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be |
---|
1078 | 1078 | | 1007expended for capital upgrades and improvements to the Turtle Pond parkway in the Hyde Park |
---|
1079 | 1079 | | 1008section of the city of Boston; provided further, that not less than $200,000 shall be expended for |
---|
1080 | 1080 | | 1009capital upgrades and improvements to the Enneking parkway in the Hyde Park section of the city |
---|
1081 | 1081 | | 1010of Boston; provided further, that not less than $500,000 shall be expended to Habitat for |
---|
1082 | 1082 | | 1011Humanity Greater Boston, Inc. for infrastructure, renovation and development costs at 104 to |
---|
1083 | 1083 | | 1012108 Walter street, inclusive, in the Roslindale section of the city of Boston; provided further, |
---|
1084 | 1084 | | 1013that not less than $250,000 shall be expended for capital upgrades at the Parkway Community CORRECTED |
---|
1085 | 1085 | | 46 of 319 |
---|
1086 | 1086 | | 1014YMCA in the West Roxbury section of the city of Boston; provided further, that not less than |
---|
1087 | 1087 | | 1015$250,000 shall be expended for capital upgrades at the Thomas M. Menino YMCA in the Hyde |
---|
1088 | 1088 | | 1016Park section of the city of Boston; provided further, that not less than $100,000 shall be |
---|
1089 | 1089 | | 1017expended to the town of Norwood for improvements to Morse Hill Veterans park; provided |
---|
1090 | 1090 | | 1018further, that not less than $1,000,000 shall be expended for the Roslindale Gateway Path project |
---|
1091 | 1091 | | 1019located in the Roslindale section of the city of Boston; provided further, that not less than |
---|
1092 | 1092 | | 1020$2,000,000 shall be expended to the city of Boston for the design and renovation of Billings field |
---|
1093 | 1093 | | 1021in the West Roxbury neighborhood of the city of Boston; provided further, that not less than |
---|
1094 | 1094 | | 1022$250,000 shall be expended to the town of Walpole to reopen the East Walpole fire station; |
---|
1095 | 1095 | | 1023provided further, that not less than $2,000,000 shall be expended to the department of |
---|
1096 | 1096 | | 1024conservation and recreation to implement an integrated approach for public access and trails and |
---|
1097 | 1097 | | 1025recreation opportunities to enhance visitor experiences at Havey beach located on the Charles |
---|
1098 | 1098 | | 1026river in the West Roxbury section of the city of Boston; provided further, that not less than |
---|
1099 | 1099 | | 1027$1,000,000 shall be expended for Jacob's Pillow Dance Festival, Inc. in the town of Becket for |
---|
1100 | 1100 | | 1028construction and development costs of a new theater; provided further, that not less than |
---|
1101 | 1101 | | 1029$200,000 shall be expended to the Berkshire Regional Planning Commission for business |
---|
1102 | 1102 | | 1030resiliency and succession planning activities; provided further, that not less than $1,000,000 shall |
---|
1103 | 1103 | | 1031be expended for renovation and improvements at the Berkshire Museum in the city of Pittsfield; |
---|
1104 | 1104 | | 1032provided further, that not less than $250,000 shall be expended to Berkshire Community College |
---|
1105 | 1105 | | 1033for the development and improvement of a workforce training and community education facility; |
---|
1106 | 1106 | | 1034provided further, that not less than $250,000 shall be expended to the Berkshire Historical |
---|
1107 | 1107 | | 1035Society for a feasibility study and acquisition, improvement and renovation costs for a Berkshire |
---|
1108 | 1108 | | 1036history center in the city of Pittsfield; provided further, that not less than $500,000 shall be CORRECTED |
---|
1109 | 1109 | | 47 of 319 |
---|
1110 | 1110 | | 1037expended to the town of Walpole to engage the necessary planning consultants to repurpose and |
---|
1111 | 1111 | | 1038redevelop the former Massachusetts Correctional Institution - Cedar Junction in the town of |
---|
1112 | 1112 | | 1039Walpole; provided further, that not less than $250,000 shall be expended to the Hilltown Youth |
---|
1113 | 1113 | | 1040Recovery Theater for a feasibility study, acquisition, improvements and capital costs for outdoor |
---|
1114 | 1114 | | 1041adventure-based educational programming and accessibility upgrades; provided further, that not |
---|
1115 | 1115 | | 1042less than $500,000 shall be expended to the Shaker Ridge Trails collaborative for infrastructure |
---|
1116 | 1116 | | 1043improvements and development of mountain bike trails in the towns of Hancock and |
---|
1117 | 1117 | | 1044Lanesborough; provided further, that not less than $500,000 shall be expended for well water |
---|
1118 | 1118 | | 1045infrastructure improvements in the town of Clarksburg and the city of North Adams for |
---|
1119 | 1119 | | 1046economic sustainability at the state highway route 2 hairpin turn corridor; provided further, that |
---|
1120 | 1120 | | 1047not less than $1,000,000 shall be expended to construct the gateway district sewer extension in |
---|
1121 | 1121 | | 1048the town of Lenox; provided further, that not less than $1,000,000 shall be expended to the city |
---|
1122 | 1122 | | 1049of Pittsfield for improvements, development and reconstruction of the historic Wahconah park; |
---|
1123 | 1123 | | 1050provided further, that not less than $500,000 shall be expended to the Massachusetts |
---|
1124 | 1124 | | 1051Biotechnology Education Foundation, Inc. for equipment, technology and other educational |
---|
1125 | 1125 | | 1052resources to support and expand the Life Sciences Career Hub and its workforce and |
---|
1126 | 1126 | | 1053apprenticeship programs; provided further, that not less than $2,000,000 shall be expended to the |
---|
1127 | 1127 | | 1054Carroll Center for the Blind, Inc. for the renovation of its residential-based independent living |
---|
1128 | 1128 | | 1055and workforce development training facilities; provided further, that not less than $1,000,000 |
---|
1129 | 1129 | | 1056shall be expended to the city of Gloucester for planning and design of wastewater collection and |
---|
1130 | 1130 | | 1057treatment infrastructure projects; provided further, that not less than $500,000 shall be expended |
---|
1131 | 1131 | | 1058to the city of Newburyport for the installation of lights on State street and other economic |
---|
1132 | 1132 | | 1059development projects; provided further, that not less than $500,000 shall be expended to the CORRECTED |
---|
1133 | 1133 | | 48 of 319 |
---|
1134 | 1134 | | 1060town of Ipswich for economic development projects; provided further, that not less than |
---|
1135 | 1135 | | 1061$500,000 shall be expended to the town of Newbury for economic development projects; |
---|
1136 | 1136 | | 1062provided further, that not less than $500,000 shall be expended to the town of Salisbury for |
---|
1137 | 1137 | | 1063economic development projects; provided further, that not less than $500,000 shall be expended |
---|
1138 | 1138 | | 1064to the town of Rowley for economic development projects; provided further, that not less than |
---|
1139 | 1139 | | 1065$500,000 shall be expended to the town of Wenham for economic development projects; |
---|
1140 | 1140 | | 1066provided further, that not less than $500,000 shall be expended to the town of Manchester-By- |
---|
1141 | 1141 | | 1067The-Sea for economic development projects; provided further, that not less than $500,000 shall |
---|
1142 | 1142 | | 1068be expended to the town of Topsfield for economic development projects; provided further, that |
---|
1143 | 1143 | | 1069not less than $500,000 shall be expended to the town of Boxford for economic development |
---|
1144 | 1144 | | 1070projects; provided further, that not less than $500,000 shall be expended to the town of Rockport |
---|
1145 | 1145 | | 1071for economic development projects; provided further, that not less than $500,000 shall be |
---|
1146 | 1146 | | 1072expended to the town of Middleton for economic development projects; provided further, that |
---|
1147 | 1147 | | 1073not less than $500,000 shall be expended to the town of Hamilton for economic development |
---|
1148 | 1148 | | 1074projects; provided further, that not less than $500,000 shall be expended to the town of West |
---|
1149 | 1149 | | 1075Newbury for economic development projects; provided further, that not less than $500,000 shall |
---|
1150 | 1150 | | 1076be expended to the town of Essex for economic development projects; provided further, that not |
---|
1151 | 1151 | | 1077less than $500,000 shall be expended to the town of Georgetown for economic development |
---|
1152 | 1152 | | 1078projects; provided further, that not less than $500,000 shall be expended to the town of |
---|
1153 | 1153 | | 1079Groveland for economic development projects; provided further, that not less than $500,000 |
---|
1154 | 1154 | | 1080shall be expended to the town of North Reading for economic development projects; provided |
---|
1155 | 1155 | | 1081further, that not less than $500,000 shall be expended to the town of North Andover for |
---|
1156 | 1156 | | 1082economic development projects; provided further, that not less than $5,000,000 shall be CORRECTED |
---|
1157 | 1157 | | 49 of 319 |
---|
1158 | 1158 | | 1083expended to the USS Constitution Museum to plan, design and fabricate dynamic interactive |
---|
1159 | 1159 | | 1084exhibits to offer a world-class introduction in a new gateway facility; provided further, that not |
---|
1160 | 1160 | | 1085less than $2,000,000 shall be expended for a new fire public safety facility in the city of Everett; |
---|
1161 | 1161 | | 1086provided further, that not less than $2,000,000 shall be expended for the planning, design and |
---|
1162 | 1162 | | 1087construction of public infrastructure projects along the state highway route 99 corridor in the city |
---|
1163 | 1163 | | 1088of Everett; provided further, that not less than $5,000,000 shall be expended for infrastructure |
---|
1164 | 1164 | | 1089improvements in the Arlington section of the city of Methuen including, but not limited to, |
---|
1165 | 1165 | | 1090drainage and sewerage, road pavement, engineering costs and business outreach; provided |
---|
1166 | 1166 | | 1091further, that not less than $1,000,000 shall be expended to the city of Lawrence for the Lawrence |
---|
1167 | 1167 | | 1092gateway project brownfield assessment to support planning and redevelopment for mixed use |
---|
1168 | 1168 | | 1093economic development, affordable housing, structured parking solar energy and energy |
---|
1169 | 1169 | | 1094efficiency; provided further, that not less than $1,000,000 shall be expended for the renovation of |
---|
1170 | 1170 | | 1095the O’Connell South Common in the city of Lawrence including, but not limited to, the |
---|
1171 | 1171 | | 1096completion of asbestos abatement, lead paint remediation and brick renovation and concrete |
---|
1172 | 1172 | | 1097masonry in the Vandekerkove bandstand; provided further, that not less than $1,000,000 shall be |
---|
1173 | 1173 | | 1098expended to the town of Bedford for public infrastructure related to the proposed fire station at |
---|
1174 | 1174 | | 1099139 Great road in the town of Bedford; provided further, that not less than $200,000 shall be |
---|
1175 | 1175 | | 1100expended to conduct a planning study to identify a secondary water source to support future |
---|
1176 | 1176 | | 1101housing and commercial growth in the town of Rutland; provided further, that not less than |
---|
1177 | 1177 | | 1102$1,000,000 shall be expended for improvements to the downtown area in the city of Gardner; |
---|
1178 | 1178 | | 1103provided further, that not less than $50,000 shall be expended for safety improvements at the |
---|
1179 | 1179 | | 1104intersection of Main street and state highway route 56 in the town of Rutland; provided further, |
---|
1180 | 1180 | | 1105that not less than $1,000,000 shall be expended for water and sewer rehabilitation upgrades in CORRECTED |
---|
1181 | 1181 | | 50 of 319 |
---|
1182 | 1182 | | 1106the town of Spencer; provided further, that not less than $500,000 shall be expended for |
---|
1183 | 1183 | | 1107upgrades to the pre-kindergarten and kindergarten school building in the town of Phillipston; |
---|
1184 | 1184 | | 1108provided further, that not less than $1,000,000 shall be expended for PFAS mitigation in the |
---|
1185 | 1185 | | 1109town of Princeton; provided further, that not less than $1,000,000 shall be expended for the |
---|
1186 | 1186 | | 1110establishment of a public safety complex in the town of West Brookfield; provided further, that |
---|
1187 | 1187 | | 1111not less than $250,000 shall be expended for the preparation of the demolition plan and RAM |
---|
1188 | 1188 | | 1112plan at the brownfield site in the town of Holden; provided further, that not less than $1,000,000 |
---|
1189 | 1189 | | 1113shall be expended for capital expenditures in the town of Concord for events related to its two |
---|
1190 | 1190 | | 1114hundred and fiftieth anniversary celebration; provided further, that not less than $1,880,000 shall |
---|
1191 | 1191 | | 1115be expended to the city of Agawam for installing a new roofing system at the department of |
---|
1192 | 1192 | | 1116public works annex facility; provided further, that not less than $1,000,000 shall be expended for |
---|
1193 | 1193 | | 1117capital expenditures in the town of Lexington for events related to its two hundred and fiftieth |
---|
1194 | 1194 | | 1118anniversary celebration; provided further, that not less than $90,000 shall be expended to the city |
---|
1195 | 1195 | | 1119of Easthampton to develop the Easthampton Arts Hub; provided further, that not less than |
---|
1196 | 1196 | | 1120$2,700,000 shall be expended to the town of Barnstable for infrastructure improvements and |
---|
1197 | 1197 | | 1121other upgrades at Bismore Park Marina, the Marina at Prince Cove and Barnstable Harbor |
---|
1198 | 1198 | | 1122Marina; provided further, that not less than $2,300,000 shall be expended to the town of Eastham |
---|
1199 | 1199 | | 1123for the implementation and construction of a village center in the North Eastham section of the |
---|
1200 | 1200 | | 1124town of Eastham; provided further, that not less than $100,000 shall be expended to the city of |
---|
1201 | 1201 | | 1125Holyoke to support the Transformative Development Initiative fellow program; provided further, |
---|
1202 | 1202 | | 1126that not less than $5,000,000 shall be expended to the town of Provincetown for engineering, |
---|
1203 | 1203 | | 1127permitting and other costs associated with the construction of a visitors’ center for Stellwagen |
---|
1204 | 1204 | | 1128Bank National Marine Sanctuary; provided further, that not less than $100,000 shall be expended CORRECTED |
---|
1205 | 1205 | | 51 of 319 |
---|
1206 | 1206 | | 1129to the city of Holyoke for the purchase of new vehicles; provided further, that not less than |
---|
1207 | 1207 | | 1130$1,200,000 shall be expended to the town of Montgomery for culvert replacement on Main road; |
---|
1208 | 1208 | | 1131provided further, that not less than $100,000 shall be expended to the town of Russell for the |
---|
1209 | 1209 | | 1132planning and development of a new playground; provided further, that not less than $1,000,000 |
---|
1210 | 1210 | | 1133shall be expended to the town of Southampton for construction of a new public safety complex; |
---|
1211 | 1211 | | 1134provided further, that not less than $500,000 shall be expended for capital expenditures in the |
---|
1212 | 1212 | | 1135town of Lincoln for events related to its fiftieth anniversary celebration; provided further, that |
---|
1213 | 1213 | | 1136not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements |
---|
1214 | 1214 | | 1137to Turnpike Industrial road; provided further, that not less than $500,000 shall be expended to |
---|
1215 | 1215 | | 1138the city of Westfield for infrastructure improvements to Westfield Industrial Park road; provided |
---|
1216 | 1216 | | 1139further, that not less than $250,000 shall be expended to the city of Westfield for capital |
---|
1217 | 1217 | | 1140investments in equipment at Westfield Technical Academy; provided further, that not less than |
---|
1218 | 1218 | | 1141$500,000 shall be expended to the Westfield-Barnes Regional Airport for costs associated with |
---|
1219 | 1219 | | 1142designing, developing and constructing a new access taxiway to the southwest quadrant; |
---|
1220 | 1220 | | 1143provided further, that not less than $1,980,000 shall be expended to Westfield State University |
---|
1221 | 1221 | | 1144for the development and construction of a new mental health hub to address workforce shortages |
---|
1222 | 1222 | | 1145in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not |
---|
1223 | 1223 | | 1146less than $1,500,000 shall be expended to the city of West Springfield for building |
---|
1224 | 1224 | | 1147redevelopment on Westfield street to promote economic development; provided further, that not |
---|
1225 | 1225 | | 1148less than $200,000 shall be expended to the city of Attleboro for the wayfinding signage |
---|
1226 | 1226 | | 1149program; provided further, that not less than $500,000 shall be expended for the Berkshire |
---|
1227 | 1227 | | 1150Community Land Trust Farmsteads for Farmers River Run Farm redevelopment project in the |
---|
1228 | 1228 | | 1151town of Great Barrington; provided further, that not less than $500,000 shall be expended to the CORRECTED |
---|
1229 | 1229 | | 52 of 319 |
---|
1230 | 1230 | | 1152town of Southwick for inland dredging of Lake Congamond; provided further, that not less than |
---|
1231 | 1231 | | 1153$500,000 shall be expended for the acquisition and development of and improvements to a new |
---|
1232 | 1232 | | 1154facility for Elizabeth Freeman Center, Inc. in the city of Pittsfield; provided further, that not less |
---|
1233 | 1233 | | 1155than $500,000 shall be expended for the Adams Memorial school building revitalization project |
---|
1234 | 1234 | | 1156in the town of Adams; provided further, that not less than $1,000,000 shall be expended to Irish |
---|
1235 | 1235 | | 1157Cultural Centre, Inc. for restoration and improvements at the cultural center facility in the town |
---|
1236 | 1236 | | 1158of Canton; provided further, that not less than $1,000,000 shall be expended for the Millicent |
---|
1237 | 1237 | | 1159Library in the town of Fairhaven for heating, ventilation, and air conditioning system upgrades; |
---|
1238 | 1238 | | 1160provided further, that not less than $100,000 shall be expended for infrastructure improvements |
---|
1239 | 1239 | | 1161that support downtown revitalization in the town of Millbury; provided further, that not less than |
---|
1240 | 1240 | | 1162$1,000,000 shall be expended for infrastructure improvements that support transportation to and |
---|
1241 | 1241 | | 1163from business districts in the town of Auburn; provided further, that not less than $600,000 shall |
---|
1242 | 1242 | | 1164be expended to the town of Pepperell for the repointing of masonry and other restorations to the |
---|
1243 | 1243 | | 1165Lawrence Library; provided further, that not less than $600,000 shall be expended to the town of |
---|
1244 | 1244 | | 1166Tyngsborough for the development of the new department of public works headquarters; |
---|
1245 | 1245 | | 1167provided further, not less than $100,000 shall be expended to the Westborough public schools for |
---|
1246 | 1246 | | 1168the purchase of a wheelchair accessible vehicle for the Bridging Over to Right Opportunities |
---|
1247 | 1247 | | 1169program; provided further, that not less than $1,300,000 shall be expended to the town of |
---|
1248 | 1248 | | 1170Dunstable for the water main replacement project on Main street, Hillcrest street and Lowell |
---|
1249 | 1249 | | 1171street; provided further, that not less than $5,000,000 shall be expended to the Boys & Girls Club |
---|
1250 | 1250 | | 1172of Greater Lowell, Inc. for the repair and renovation of its property at Middlesex street in the city |
---|
1251 | 1251 | | 1173of Lowell to allow for the expansion and creation of programs to provide workforce development |
---|
1252 | 1252 | | 1174training, aid in closing the academic achievement gap and for the creation of permanent new jobs CORRECTED |
---|
1253 | 1253 | | 53 of 319 |
---|
1254 | 1254 | | 1175in the city of Lowell; provided further, that not less than $500,000 shall be expended to Martha |
---|
1255 | 1255 | | 1176Eliot Health Center for capital improvements; provided further, that not less than $500,000 shall |
---|
1256 | 1256 | | 1177be expended for repairs and improvements to the One Grafton Common building in the town of |
---|
1257 | 1257 | | 1178Grafton; provided further, that not less than $1,500,000 shall be expended for traffic |
---|
1258 | 1258 | | 1179improvements to Hartford avenue in the towns of Bellingham and Medway; provided further, |
---|
1259 | 1259 | | 1180that not less than $500,000 shall be expended to implement new branding and wayfinding in the |
---|
1260 | 1260 | | 1181city known as the town of Franklin; provided further, that not less than $1,000,000 shall be |
---|
1261 | 1261 | | 1182expended for extending the sidewalk between Pound street and Main street in the town of |
---|
1262 | 1262 | | 1183Medfield; provided further, that not less than $1,000,000 shall be expended to The Dimock |
---|
1263 | 1263 | | 1184Center in the Roxbury section of the city of Boston for capital improvements and expansion of |
---|
1264 | 1264 | | 1185community health center services; provided further, that not less than $2,000,000 shall be |
---|
1265 | 1265 | | 1186expended to the city of Chelsea to fund construction at the Latimer Overlook public open space |
---|
1266 | 1266 | | 1187in the waterfront section of the city of Chelsea; provided further, that not less than $250,000 shall |
---|
1267 | 1267 | | 1188be expended for public safety building upgrades in the town of Berlin; provided further, that not |
---|
1268 | 1268 | | 1189less than $400,000 shall be expended for stormwater and water infrastructure improvements in |
---|
1269 | 1269 | | 1190the town of Sherborn; provided further, that not less than $500,000 shall be expended to the town |
---|
1270 | 1270 | | 1191of Northborough for infrastructure improvements for veterans; provided further, that not less |
---|
1271 | 1271 | | 1192than $1,000,000 shall be expended for business district sidewalk upgrades in the town of West |
---|
1272 | 1272 | | 1193Boylston; provided further, that not less than $1,215,500 shall be expended to the city of Quincy |
---|
1273 | 1273 | | 1194for predredging activities including, but not limited to, mobilization, site preparation, removal |
---|
1274 | 1274 | | 1195and reinstallation of floating docks and piles and demobilization in Quincy bay and beach |
---|
1275 | 1275 | | 1196restoration in the Merrymount section of the city of Quincy; provided further, that not less than |
---|
1276 | 1276 | | 1197$1,784,500 shall be expended to the city of Quincy for economic development projects; provided CORRECTED |
---|
1277 | 1277 | | 54 of 319 |
---|
1278 | 1278 | | 1198further, that not less than $1,750,000 shall be expended to the town of Abington for economic |
---|
1279 | 1279 | | 1199development projects; provided further, that not less than $1,750,000 shall be expended to the |
---|
1280 | 1280 | | 1200town of Hanover for economic development projects; provided further, that not less than |
---|
1281 | 1281 | | 1201$1,750,000 shall be expended to the town of Holbrook for economic development projects; |
---|
1282 | 1282 | | 1202provided further, that not less than $1,750,000 shall be expended to the town of Rockland for |
---|
1283 | 1283 | | 1203economic development projects; provided further, that not less than $4,000,000 shall be |
---|
1284 | 1284 | | 1204expended for the construction of a new fire station in the town of Boylston; provided further, that |
---|
1285 | 1285 | | 1205not less than $1,000,000 shall be expended for neighborhood revitalization in the city of |
---|
1286 | 1286 | | 1206Worcester; provided further, that not less than $500,000 shall be expended to Mattapan |
---|
1287 | 1287 | | 1207Community Health Center, Inc. for capital improvements; provided further, that not less than |
---|
1288 | 1288 | | 1208$1,500,000 shall be expended for the renovation of Great Plain avenue in the town of Needham; |
---|
1289 | 1289 | | 1209provided further, that not less than $1,000,000 shall be expended for FORGE to sustain and |
---|
1290 | 1290 | | 1210expand a statewide program which promotes manufacturing and innovation, including climate |
---|
1291 | 1291 | | 1211tech, through the support of hardtech startup manufacturing readiness and local supply chains; |
---|
1292 | 1292 | | 1212provided further, that not less than $1,000,000 shall be expended for the Blackstone Valley |
---|
1293 | 1293 | | 1213Chamber of Commerce, Inc. in the village of Whitinsville in the town of Northbridge for |
---|
1294 | 1294 | | 1214regional economic development initiatives; provided further, that not less than $1,000,000 shall |
---|
1295 | 1295 | | 1215be expended to the town of Monson for construction of a salt shed; provided further, that not less |
---|
1296 | 1296 | | 1216than $1,500,000 shall be expended for the Monson Developmental Center in the town of Monson |
---|
1297 | 1297 | | 1217for economic development projects; provided further, that not less than $2,000,000 shall be |
---|
1298 | 1298 | | 1218expended for economic development opportunities on state highway route 146A in the town of |
---|
1299 | 1299 | | 1219Uxbridge; provided further, that not less than $500,000 shall be expended to the Brimfield |
---|
1300 | 1300 | | 1220Antique Shows LLC in the town of Brimfield for economic development; provided further, that CORRECTED |
---|
1301 | 1301 | | 55 of 319 |
---|
1302 | 1302 | | 1221not less than $2,500,000 shall be expended for water, sewer and road improvements to promote |
---|
1303 | 1303 | | 1222economic development opportunities on state highway route 16 in the towns of Mendon and |
---|
1304 | 1304 | | 1223Hopedale; provided further, that not less than $1,000,000 shall be expended for the revitalization |
---|
1305 | 1305 | | 1224project at the former Berkshire Trail elementary school building in the town of Cummington; |
---|
1306 | 1306 | | 1225provided further, that not less than $5,000,000 shall be expended to Massachusetts Bay |
---|
1307 | 1307 | | 1226Community College for the design and construction of the center for cybersecurity education; |
---|
1308 | 1308 | | 1227provided further, that not less than $2,700,000 shall be expended for the renovation of the train |
---|
1309 | 1309 | | 1228depot in the town of Stoughton; provided further, that not less than $150,000 shall be expended |
---|
1310 | 1310 | | 1229to the town of Bridgewater for infrastructure improvements; provided further, that not less than |
---|
1311 | 1311 | | 1230$1,000,000 shall be expended to the Children's Museum in Easton, Inc. to support capital |
---|
1312 | 1312 | | 1231improvement projects and infrastructure upgrades; provided further, that not less than $750,000 |
---|
1313 | 1313 | | 1232shall be expended to replace the ramp and seawall at Milton landing in the town of Milton; |
---|
1314 | 1314 | | 1233provided further, that not less than $100,000 shall be expended to the town of Milton to support |
---|
1315 | 1315 | | 1234infrastructure improvements; provided further, that not less than $100,000 shall be expended for |
---|
1316 | 1316 | | 1235sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less |
---|
1317 | 1317 | | 1236than $100,000 shall be expended to the town of West Bridgewater for the construction of a water |
---|
1318 | 1318 | | 1237treatment plant; provided further, that not less than $100,000 shall be expended to the town of |
---|
1319 | 1319 | | 1238West Bridgewater for the maintenance of athletic fields; provided further, that not less than |
---|
1320 | 1320 | | 1239$525,000 shall be expended to the Turner Free Library in the city known as the town of |
---|
1321 | 1321 | | 1240Randolph to improve accessibility pursuant to the Americans with Disabilities Act; provided |
---|
1322 | 1322 | | 1241further, that not less than $575,000 shall be expended to the Jonathan Belcher House in the city |
---|
1323 | 1323 | | 1242known as the town of Randolph for renovations to support accessibility pursuant to the |
---|
1324 | 1324 | | 1243Americans with Disabilities Act; provided further, that not less than $1,000,000 shall be CORRECTED |
---|
1325 | 1325 | | 56 of 319 |
---|
1326 | 1326 | | 1244expended for capital upgrades at the Italian Home for Children located in the Jamaica Plain |
---|
1327 | 1327 | | 1245section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to |
---|
1328 | 1328 | | 1246the city of Chelsea to fund the design, permitting and community engagement efforts in creating |
---|
1329 | 1329 | | 1247resilience to coastal flooding and extreme precipitation along a Critical Urban Freight Corridor |
---|
1330 | 1330 | | 1248on Eastern avenue and Marginal street; provided further, that not less than $250,000 shall be |
---|
1331 | 1331 | | 1249expended to Roslindale Village Main Street, Inc., located in the Roslindale section of the city of |
---|
1332 | 1332 | | 1250Boston for planning and development projects related to economic development; provided |
---|
1333 | 1333 | | 1251further, that not less than $250,000 shall be expended to West Roxbury Main Streets, Inc., |
---|
1334 | 1334 | | 1252located in the West Roxbury section of the city of Boston for planning and development projects |
---|
1335 | 1335 | | 1253related to economic development; provided further, that not less than $250,000 shall be |
---|
1336 | 1336 | | 1254expended to Hyde Park Main Streets, Inc., located in the Hyde Park section of the city of Boston |
---|
1337 | 1337 | | 1255for planning and development projects related to economic development; provided further, that |
---|
1338 | 1338 | | 1256not less than $250,000 shall be expended to Centre/South Main Streets, Inc., located in the |
---|
1339 | 1339 | | 1257Jamaica Plain section of the city of Boston for planning and development projects related to |
---|
1340 | 1340 | | 1258economic development; provided further, that not less than $10,000,000 shall be expended for |
---|
1341 | 1341 | | 1259improvements to the intersection of state highway route 2, Taylor road and Piper road in the |
---|
1342 | 1342 | | 1260town of Acton and the state highway route 2 rotary in the town of Concord; provided further, that |
---|
1343 | 1343 | | 1261not less than $3,000,000 shall be expended to the West Newton Cinema Foundation, Inc. for |
---|
1344 | 1344 | | 1262capital repairs and improvements to support its educational, community and cultural |
---|
1345 | 1345 | | 1263programming; provided further, that not less than $10,000,000 shall be expended for the |
---|
1346 | 1346 | | 1264renovation of and capital improvements to the Bristol county superior courthouse in the city of |
---|
1347 | 1347 | | 1265Taunton; provided further, that not less than $2,000,000 shall be expended to GreenRoots, Inc. in |
---|
1348 | 1348 | | 1266the city of Chelsea for capital projects to promote green space access, environmental CORRECTED |
---|
1349 | 1349 | | 57 of 319 |
---|
1350 | 1350 | | 1267programming and climate resiliency; provided further, that not less than $10,000,000 shall be |
---|
1351 | 1351 | | 1268expended to the Massachusetts Department of Transportation for corridor and safety |
---|
1352 | 1352 | | 1269improvements along state highway route 3A and adjacent roadways in the city known as the |
---|
1353 | 1353 | | 1270town of Weymouth and the towns of Hingham, Hull, Cohasset, Scituate, Norwell, Marshfield |
---|
1354 | 1354 | | 1271and Duxbury; provided further, that not less than $1,500,000 shall be expended to the city of |
---|
1355 | 1355 | | 1272Haverhill to support local businesses and entrepreneurship including, but not limited to signage; |
---|
1356 | 1356 | | 1273provided further, that not less than $1,500,000 shall be expended to the city of Lawrence to |
---|
1357 | 1357 | | 1274support local businesses and entrepreneurship through means including, but not limited to, |
---|
1358 | 1358 | | 1275signage; provided further, that not less than $150,000 shall be expended to the Cape Cod |
---|
1359 | 1359 | | 1276Chamber of Commerce and the Cape Cod commission to support the deployment of electric |
---|
1360 | 1360 | | 1277vehicle charging stations in the Cape Cod region by analyzing industry and local trends, creating |
---|
1361 | 1361 | | 1278installation and grant guides, conducting outreach and support activities and developing a pilot |
---|
1362 | 1362 | | 1279incentive program to encourage electric vehicle usage; provided further, that not less than |
---|
1363 | 1363 | | 1280$12,000,000 shall be expended to the Marine Biological Laboratory for construction, renovations |
---|
1364 | 1364 | | 1281and infrastructure improvements to support the Imaging Innovation Initiative in Woods Hole in |
---|
1365 | 1365 | | 1282the town of Falmouth; provided further, that not less than $50,000 shall be expended to the town |
---|
1366 | 1366 | | 1283of Chelmsford for beautification improvements to increase economic development and provide |
---|
1367 | 1367 | | 1284an improved neighborhood streetscape in the Vinal square area; provided further, that not less |
---|
1368 | 1368 | | 1285than $100,000 shall be expended to Plymouth Regional Economic Development Foundation, Inc. |
---|
1369 | 1369 | | 1286for capital and equipment upgrades for commercial shared kitchens and food manufacturers to |
---|
1370 | 1370 | | 1287support local economic development; provided further, that not less than $250,000 shall be |
---|
1371 | 1371 | | 1288expended to the town of Plymouth for costs associated with relieving zoning impediments to |
---|
1372 | 1372 | | 1289additional housing and commercial development; provided further, that not less than $50,000 CORRECTED |
---|
1373 | 1373 | | 58 of 319 |
---|
1374 | 1374 | | 1290shall be expended to the city of Easthampton for business and building improvements to promote |
---|
1375 | 1375 | | 1291economic development; provided further, that not less than $1,000,000 shall be expended to the |
---|
1376 | 1376 | | 1292Leicester Water Supply District for capital improvements; provided further, that not less than |
---|
1377 | 1377 | | 1293$500,000 shall be expended to the Greater Gardner Chamber of Commerce for economic |
---|
1378 | 1378 | | 1294development projects within the community; provided further, that not less than $500,000 shall |
---|
1379 | 1379 | | 1295be expended to the Wachusett Area Chamber of Commerce, Inc. for economic development |
---|
1380 | 1380 | | 1296projects within the community; provided further, that not less than $1,000,000 shall be expended |
---|
1381 | 1381 | | 1297to the town of Leicester for the repair and rehabilitation of the former Leicester middle school |
---|
1382 | 1382 | | 1298building to support economic development and the creation of training opportunities; provided |
---|
1383 | 1383 | | 1299further, that not less than $2,000,000 shall be expended for the conversion of certain buildings of |
---|
1384 | 1384 | | 1300the Templeton Developmental Center for use by the environmental police; provided further, that |
---|
1385 | 1385 | | 1301not less than $10,000,000 shall be expended to the economic development and industrial |
---|
1386 | 1386 | | 1302corporation of the city of Lynn for infrastructure improvements on the waterfront; provided |
---|
1387 | 1387 | | 1303further, that not less than $250,000 shall be expended to the city of Holyoke for the Holyoke |
---|
1388 | 1388 | | 1304Redevelopment Authority to pursue local economic projects; provided further, that not less than |
---|
1389 | 1389 | | 1305$500,000 shall be expended to the Malden Senior Center for capital improvements; provided |
---|
1390 | 1390 | | 1306further, that not less than $250,000 shall be expended to the city of Malden for a feasibility study |
---|
1391 | 1391 | | 1307for a teen or intergenerational center; provided further, that not less than $1,000,000 shall be |
---|
1392 | 1392 | | 1308expended to the Edgar P. Benjamin Healthcare Center, Inc. to support the development of a |
---|
1393 | 1393 | | 1309state-of-the-art dialysis treatment center; provided further, that not less than $500,000 shall be |
---|
1394 | 1394 | | 1310expended to Justice For Housing, Inc. for capital improvements to and the expansion of Brie's |
---|
1395 | 1395 | | 1311House to continue to provide safe and stable temporary housing and wraparound stabilization |
---|
1396 | 1396 | | 1312services to formerly incarcerated people; provided further, that not less than $1,000,000 shall be CORRECTED |
---|
1397 | 1397 | | 59 of 319 |
---|
1398 | 1398 | | 1313expended for the planning and development of a Cabo Verdean cultural center in the city of |
---|
1399 | 1399 | | 1314Boston; provided further, that not less than $500,000 shall be expended for beach revitalization |
---|
1400 | 1400 | | 1315efforts in the town of Falmouth; provided further, that not less than $150,000 shall be expended |
---|
1401 | 1401 | | 1316for the department of conservation and recreation for an arts and culture installation in section II |
---|
1402 | 1402 | | 1317of Southwest Corridor park at Columbus avenue between Tremont street and Heath street; |
---|
1403 | 1403 | | 1318provided further, that not less than $10,000,000 shall be expended for necessary and urgent |
---|
1404 | 1404 | | 1319sustainability, accessibility and structural improvements to the Tower Building at the |
---|
1405 | 1405 | | 1320Massachusetts College of Art and Design; provided further, that not less than $1,000,000 shall be |
---|
1406 | 1406 | | 1321expended to CommonWealth Kitchen, Inc. for expansion of its nonprofit food business incubator |
---|
1407 | 1407 | | 1322and urban food manufacturing social enterprise in support of the local food economy; provided |
---|
1408 | 1408 | | 1323further, that not less than $1,000,000 shall be expended to Urban League of Eastern |
---|
1409 | 1409 | | 1324Massachusetts, Inc. in the Roxbury section of the city of Boston for capital improvements, |
---|
1410 | 1410 | | 1325equipment procurement and increased workforce development capacity for the clean energy |
---|
1411 | 1411 | | 1326economy; provided further, that not less than $5,000,000 shall be expended to the Reading senior |
---|
1412 | 1412 | | 1327center for the construction of a new facility; provided further, that not less than $100,000 shall be |
---|
1413 | 1413 | | 1328expended to Talented and Gifted Association, Inc. for the purchase of a bus for the Boston |
---|
1414 | 1414 | | 1329Mobile Desegregation Museum; provided further, that not less than $9,000,000 shall be |
---|
1415 | 1415 | | 1330expended to support mixed used development and the creation of affordable housing in the |
---|
1416 | 1416 | | 1331redevelopment project at Suffolk Downs in the cities of Boston and Revere; provided further, |
---|
1417 | 1417 | | 1332that such funds shall not be expended until the obligations in the cooperation agreement to fund |
---|
1418 | 1418 | | 1333on a dollar-for-dollar basis for the East Boston Housing Stabilization Trust Fund are fulfilled; |
---|
1419 | 1419 | | 1334provided further, that not less than $500,000 shall be expended to the Whittier Street Health |
---|
1420 | 1420 | | 1335Center for capital improvements; provided further, that not less than $3,000,000 shall be CORRECTED |
---|
1421 | 1421 | | 60 of 319 |
---|
1422 | 1422 | | 1336expended to the town of Foxborough for the feasibility and design of regional sewer |
---|
1423 | 1423 | | 1337infrastructure along the United States highway Route 1 corridor in the town of Foxborough and |
---|
1424 | 1424 | | 1338nearby municipalities in the region; provided further, that not less than $2,000,000 shall be |
---|
1425 | 1425 | | 1339expended to the town of Mansfield for the construction of a council on aging facility; provided |
---|
1426 | 1426 | | 1340further, that not less than $2,000,000 shall be expended for the dredging of the Ten Mile river in |
---|
1427 | 1427 | | 1341the city known as the town of North Attleborough; provided further, that not less than $300,000 |
---|
1428 | 1428 | | 1342shall be expended to Berkshire Black Economic Council Inc. for the acquisition, development |
---|
1429 | 1429 | | 1343and improvement of a new facility for economic development in the city of Pittsfield; provided |
---|
1430 | 1430 | | 1344further, that not less than $250,000 shall be expended for renovations and improvements to |
---|
1431 | 1431 | | 1345Memorial Hall in the town of Shelburne; provided further, that not less than $900,000 shall be |
---|
1432 | 1432 | | 1346expended for a water transportation vessel for the city known as the town of Winthrop for an |
---|
1433 | 1433 | | 1347express route inner harbor ferry; provided further, that not less than $500,000 shall be expended |
---|
1434 | 1434 | | 1348to the town of Cheshire for renovations, improvements and development of the municipal |
---|
1435 | 1435 | | 1349building at the former Cheshire elementary school; provided further, that not less than $500,000 |
---|
1436 | 1436 | | 1350shall be expended to New North Citizens Council, Inc. for construction costs associated with the |
---|
1437 | 1437 | | 1351Joshua's house program; provided further, that not less than $1,000,000 shall be expended to |
---|
1438 | 1438 | | 1352Develop Springfield Corporation to support the adaptive reuse of residential and commercial |
---|
1439 | 1439 | | 1353space at the intersection of Main street and State street in the city of Springfield; provided |
---|
1440 | 1440 | | 1354further, that not less than $1,000,000 shall be expended to American International College for |
---|
1441 | 1441 | | 1355necessary capital improvements and repairs to Courniotes Hall to support student enrichment and |
---|
1442 | 1442 | | 1356programming, including public health; provided further, that not less than $1,000,000 shall be |
---|
1443 | 1443 | | 1357expended to the city of Chicopee for a water pollution control pump station and combined sewer |
---|
1444 | 1444 | | 1358overflow facility improvements; provided further, that not less than $250,000 shall be expended CORRECTED |
---|
1445 | 1445 | | 61 of 319 |
---|
1446 | 1446 | | 1359to the Massachusetts LGBT Chamber of Commerce, Inc. for economic development projects; |
---|
1447 | 1447 | | 1360provided further, that not less than $8,750,000 shall be expended to the Massachusetts |
---|
1448 | 1448 | | 1361Department of Transportation for the construction of a rail spur connecting Joint Base Cape Cod |
---|
1449 | 1449 | | 1362to the Cape Cod Central Railroad; provided further, that not less than $1,500,000 shall be |
---|
1450 | 1450 | | 1363expended to Hockomock Young Men’s Christian Association, Inc. for the design and |
---|
1451 | 1451 | | 1364construction of a food security hub in the town of Plainville to serve the surrounding |
---|
1452 | 1452 | | 1365communities; provided further, that not less than $300,000 shall be expended to Hebron Food |
---|
1453 | 1453 | | 1366Pantry for costs associated with the relocation of the food pantry to 40 Emory street in the city of |
---|
1454 | 1454 | | 1367Attleboro, including necessary upgrades and renovations; provided further, that not less than |
---|
1455 | 1455 | | 1368$150,000 shall be expended to the Massachusetts Bay Transportation Authority for a Fairmount |
---|
1456 | 1456 | | 1369line beautification and restoration project; provided further, that not less than $1,000,000 shall be |
---|
1457 | 1457 | | 1370expended to the North End Housing Initiative, Inc. in the city of Springfield for the planning and |
---|
1458 | 1458 | | 1371development of public affordable housing at Springfield Pharmacy at the intersection of Main |
---|
1459 | 1459 | | 1372street and Waverly street; provided further, that not less than $500,000 shall be expended to the |
---|
1460 | 1460 | | 1373Salvation Army donation center in the city of Springfield for capital improvements to improve |
---|
1461 | 1461 | | 1374accessibility to affordable durable goods and textiles in the community; provided further, that not |
---|
1462 | 1462 | | 1375less than $2,500,000 shall be expended to the Lowell Community Health Center, Inc. for |
---|
1463 | 1463 | | 1376renovations to support the Family Medicine Residency program; provided further, that not less |
---|
1464 | 1464 | | 1377than $1,000,000 shall be expended to the city of Boston to acquire or renovate space for the |
---|
1465 | 1465 | | 1378establishment of a community health center in the Hyde Park section of the city of Boston to |
---|
1466 | 1466 | | 1379expand neighborhood-based health services; provided further, that not less than $840,000 shall |
---|
1467 | 1467 | | 1380be expended to the Zeiterion Performing Arts Center, Inc. for reopening planning and capital |
---|
1468 | 1468 | | 1381support; provided further, that not less than $1,000,000 shall be expended to the Black Economic CORRECTED |
---|
1469 | 1469 | | 62 of 319 |
---|
1470 | 1470 | | 1382Council of Massachusetts, Inc. for planning, renovations, improvements, construction, the |
---|
1471 | 1471 | | 1383modernization of facilities, infrastructure, equipment and other capital needs located in Nubian |
---|
1472 | 1472 | | 1384square in the city of Boston to promote economic development in the community; provided |
---|
1473 | 1473 | | 1385further, that not less than $250,000 shall be expended to the Family Health Center of Worcester, |
---|
1474 | 1474 | | 1386Inc. for the creation of a capital master plan, including workforce housing, for the campus at 26 |
---|
1475 | 1475 | | 1387Queen street in the city of Worcester; provided further, that not less than $1,000,000 shall be |
---|
1476 | 1476 | | 1388expended for the rehabilitation and restoration of the Ionic avenue Boys’ Club building located at |
---|
1477 | 1477 | | 13892 Ionic avenue in the city of Worcester to transform the space into a community arts center; |
---|
1478 | 1478 | | 1390provided further, that not less than $500,000 shall be expended to Panlyfe Project 333 to address |
---|
1479 | 1479 | | 1391food insecurity in the Mattapan section of the city of Boston; provided further, that not less than |
---|
1480 | 1480 | | 1392$2,000,000 shall be expended to the city of Worcester Redevelopment Authority for urban |
---|
1481 | 1481 | | 1393revitalization plan implementation; provided further, that not less than $500,000 shall be |
---|
1482 | 1482 | | 1394expended to the city of Beverly for a consultant to provide construction phase services on behalf |
---|
1483 | 1483 | | 1395of the city; provided further, that not less than $1,000,000 shall be expended to the city of |
---|
1484 | 1484 | | 1396Beverly for the Brimbal Avenue Phase II infrastructure project; provided further, that not less |
---|
1485 | 1485 | | 1397than $150,000 shall be expended to We Are Better Together Warren Daniel Hairston Project, Inc |
---|
1486 | 1486 | | 1398in the Roxbury section of the city of Boston to support its mission to heal those affected by |
---|
1487 | 1487 | | 1399violence and incarceration and expand its headquarters; provided further, that not less than |
---|
1488 | 1488 | | 1400$1,000,000 shall be expended to the city of Beverly to reconstruct the roadways including, but |
---|
1489 | 1489 | | 1401not limited to, L.P. Henderson road, Sam Fonzo drive and Cherry Hill drive; provided further, |
---|
1490 | 1490 | | 1402that not less than $3,000,000 shall be expended to the town of East Longmeadow for |
---|
1491 | 1491 | | 1403improvements to the intersection of North Main street, Mapleshade avenue and Westwood |
---|
1492 | 1492 | | 1404avenue; provided further, that not less than $3,500,000 shall be expended to the town of Palmer CORRECTED |
---|
1493 | 1493 | | 63 of 319 |
---|
1494 | 1494 | | 1405for the replacement and expansion of a sewer siphon at Thorndike street; provided further, that |
---|
1495 | 1495 | | 1406not less than $230,000 shall be expended to the Wilbraham public library in the town of |
---|
1496 | 1496 | | 1407Wilbraham to replace the chiller and update the main floor; provided further, that not less than |
---|
1497 | 1497 | | 1408$500,000 shall be expended to the University of Massachusetts’ Cold Spring Orchard Research |
---|
1498 | 1498 | | 1409and Education Center for building and facilities improvements in the town of Belchertown; |
---|
1499 | 1499 | | 1410provided further, that not less than $300,000 shall be expended to town of Warren to purchase an |
---|
1500 | 1500 | | 1411old train depot to be used for the design of the town common; provided further, that not less than |
---|
1501 | 1501 | | 1412$300,000 shall be expended to the town of South Hadley for reconstruction of Buttery Brook |
---|
1502 | 1502 | | 1413park; provided further, that not less than $100,000 shall be expended to the town of Hampden for |
---|
1503 | 1503 | | 1414the expansion, design and remediation of the fire station; provided further, that not less than |
---|
1504 | 1504 | | 1415$10,000,000 shall be expended on capital improvements to the state pier facility in the city of |
---|
1505 | 1505 | | 1416New Bedford which may include, but shall not be limited to, a multi-use facility for water |
---|
1506 | 1506 | | 1417dependent cargo, commercial fishing improvements, commercial marine transportation |
---|
1507 | 1507 | | 1418improvements, marine educational facilities and fresh produce and fish market space and for |
---|
1508 | 1508 | | 1419planning, design, engineering and construction costs associated with an extension of the |
---|
1509 | 1509 | | 1420commuter rail line in the city of New Bedford to connect passengers with the ongoing mixed-use |
---|
1510 | 1510 | | 1421development of the state pier to access ferry services, the Schooner Ernestina-Morrissey and |
---|
1511 | 1511 | | 1422other uses related to tourism and public recreation connecting the working waterfront to the arts |
---|
1512 | 1512 | | 1423and cultural center in the downtown area of the city of New Bedford; provided further, that said |
---|
1513 | 1513 | | 1424funds shall be in addition to funds authorized pursuant to item 6720-1350 of chapter 286 of the |
---|
1514 | 1514 | | 1425acts of 2014; provided further, that not less than $1,600,000 shall be expended to the town of |
---|
1515 | 1515 | | 1426Ludlow to help revitalize the East street corridor; provided further, that not less than $2,500,000 |
---|
1516 | 1516 | | 1427shall be expended to the city of Danvers for the implementation of the Lebel Grove property’s CORRECTED |
---|
1517 | 1517 | | 64 of 319 |
---|
1518 | 1518 | | 1428conceptual design including, but not limited to, passive recreation, outdoor classrooms and event |
---|
1519 | 1519 | | 1429space; provided further, that not less than $1,000,000 shall be expended to the city of Salem for |
---|
1520 | 1520 | | 1430the redevelopment of the Courthouse Complex project in the city of Salem; provided further, that |
---|
1521 | 1521 | | 1431not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the old |
---|
1522 | 1522 | | 1432town hall; provided further, that not less than $500,000 shall be expended to the city of Salem for |
---|
1523 | 1523 | | 1433the redevelopment of the Peabody street park and South River harbor walk connected to the El |
---|
1524 | 1524 | | 1434Centro project; provided further, that not less than $250,000 shall be expended to the Avon |
---|
1525 | 1525 | | 1435council on aging for improvements to the Memory Cafe to serve senior citizens experiencing |
---|
1526 | 1526 | | 1436dementia; provided further, that not less than $300,000 shall be expended to the Halifax council |
---|
1527 | 1527 | | 1437on aging for technology, computer lab stations and senior wellness equipment for the audio- |
---|
1528 | 1528 | | 1438video room; provided further, that not less than $500,000 shall be expended for structural |
---|
1529 | 1529 | | 1439improvements and renovations to Stetson Hall in the city known as the town of Randolph; |
---|
1530 | 1530 | | 1440provided further, that not less than $500,000 shall be expended to Wildlands Trust, Inc. for |
---|
1531 | 1531 | | 1441infrastructure that supports water quality, wildlife habitat and community activity at D.W. Field |
---|
1532 | 1532 | | 1442park in the city of Brockton; provided further, that not less than $250,000 shall be expended for |
---|
1533 | 1533 | | 1443Downtown Brockton Association, Inc. to establish a business improvement district and |
---|
1534 | 1534 | | 1444implement programs in the downtown area of the city of Brockton; provided further, that not less |
---|
1535 | 1535 | | 1445than $2,000,000 shall be expended for the acquisition and design of sidewalks located on state |
---|
1536 | 1536 | | 1446highway route 58 and state highway route 14 in the town of Whitman; provided further, that not |
---|
1537 | 1537 | | 1447less than $2,000,000 shall be expended for the planning and design of the pedestrian crossing |
---|
1538 | 1538 | | 1448signals at the intersection of state highway route 18 and North Bedford street in the town of East |
---|
1539 | 1539 | | 1449Bridgewater; provided further, that not less than $2,000,000 shall be expended for the acquisition |
---|
1540 | 1540 | | 1450and design costs associated with the reconstruction of the intersection located at state highway CORRECTED |
---|
1541 | 1541 | | 65 of 319 |
---|
1542 | 1542 | | 1451route 27, North Quincy street and Massasoit boulevard in the city of Brockton including, but not |
---|
1543 | 1543 | | 1452limited to, assessment and potential resolution to the culvert nearby; provided further, that not |
---|
1544 | 1544 | | 1453less than $2,000,000 shall be expended for the Old Colony Planning Council, in collaboration |
---|
1545 | 1545 | | 1454with the metropolitan area planning council, the Southeastern Regional Planning and Economic |
---|
1546 | 1546 | | 1455Development District and the Cape Cod commission to develop a preliminary plan and design of |
---|
1547 | 1547 | | 1456the Frederick Douglas tunnel program within the regions and the cities of Boston, Brockton and |
---|
1548 | 1548 | | 1457New Bedford and create connectivity to places of public significance and the underground |
---|
1549 | 1549 | | 1458railroad; provided further, that not less than $1,000,000 shall be expended to United South End |
---|
1550 | 1550 | | 1459Settlements for the completion of its facilities improvement project to create additional |
---|
1551 | 1551 | | 1460classroom space and upgrade infrastructure for low-income students in its early childhood |
---|
1552 | 1552 | | 1461education program; provided further, that not less than $500,000 shall be expended to Focus |
---|
1553 | 1553 | | 1462Springfield, Inc. for technology and translation service upgrades; provided further, that not less |
---|
1554 | 1554 | | 1463than $2,000,000 shall be expended to the Springfield Housing Authority for the construction of a |
---|
1555 | 1555 | | 1464joint community laundry facility; provided further, that not less than $1,000,000 shall be |
---|
1556 | 1556 | | 1465expended to Square One 947 Main Corporation to make capital improvements and repairs to |
---|
1557 | 1557 | | 1466community programming facilities; provided further, that not less than $1,000,000 shall be |
---|
1558 | 1558 | | 1467expended to the Boys & Girls Club Family Center, Inc. for the construction and maintenance of |
---|
1559 | 1559 | | 1468facilities; provided further, that not less than $275,000 shall be expended for the roadway |
---|
1560 | 1560 | | 1469reconstruction of North Main street in the town of Belchertown; provided further, that not less |
---|
1561 | 1561 | | 1470than $720,000 shall be expended to the town of Dover for economic development projects; |
---|
1562 | 1562 | | 1471provided further, that not less than $720,000 shall be expended to the town of Milford for |
---|
1563 | 1563 | | 1472economic development projects; provided further, that not less than $720,000 shall be expended |
---|
1564 | 1564 | | 1473to the town of Millis for economic development projects; provided further, that not less than CORRECTED |
---|
1565 | 1565 | | 66 of 319 |
---|
1566 | 1566 | | 1474$720,000 shall be expended to the town of Plainville for economic development projects; |
---|
1567 | 1567 | | 1475provided further, that not less than $720,000 shall be expended to the town of Wrentham for |
---|
1568 | 1568 | | 1476economic development projects; provided further, that not less than $195,000 shall be expended |
---|
1569 | 1569 | | 1477to the town of Longmeadow to regrade and improve the Glenbrook field at Glenbrook middle |
---|
1570 | 1570 | | 1478school; provided further, than not less than $1,500,000 shall be expended to the town of Norfolk |
---|
1571 | 1571 | | 1479for educational upgrades and improvements; provided further, that not less than $200,000 shall |
---|
1572 | 1572 | | 1480be expended for the town of Hanson to develop a regional pond management plan; provided |
---|
1573 | 1573 | | 1481further, that not less than $1,500,000 shall be expended to the city of Peabody to offset the costs |
---|
1574 | 1574 | | 1482of the new Peabody public safety facility; provided further, that not less than $200,000 shall be |
---|
1575 | 1575 | | 1483expended to Upham’s Corner Main Street, Incorporated to support infrastructure needs of main |
---|
1576 | 1576 | | 1484street businesses, including improvements to abutting public spaces; provided further, that not |
---|
1577 | 1577 | | 1485less than $200,000 shall be expended to Greater Ashmont Main Street, Inc. to support |
---|
1578 | 1578 | | 1486infrastructure needs of main street businesses, including improvements to abutting public spaces; |
---|
1579 | 1579 | | 1487provided further, that not less than $200,000 shall be expended to Fields Corner Main Street, Inc. |
---|
1580 | 1580 | | 1488to support infrastructure needs of main street businesses, including improvements to abutting |
---|
1581 | 1581 | | 1489public spaces; provided further, that not less than $200,000 shall be expended to Four Corners |
---|
1582 | 1582 | | 1490Main Street, Inc. to support infrastructure needs of main street businesses, including |
---|
1583 | 1583 | | 1491improvements to abutting public spaces; provided further, that not less than $200,000 shall be |
---|
1584 | 1584 | | 1492expended to Chinatown Main Street, Inc. to support infrastructure needs of main street |
---|
1585 | 1585 | | 1493businesses, including improvements to abutting public spaces; provided further, that not less than |
---|
1586 | 1586 | | 1494$200,000 shall be expended to Bowdoin Geneva Main Streets to support infrastructure needs of |
---|
1587 | 1587 | | 1495main street businesses, including improvements to abutting public spaces; provided further, that |
---|
1588 | 1588 | | 1496not less than $1,000,000 shall be expended to the city of Peabody for the site redevelopment of CORRECTED |
---|
1589 | 1589 | | 67 of 319 |
---|
1590 | 1590 | | 1497the Rousselot Factory; provided further, that not less than $5,000,000 shall be expended to |
---|
1591 | 1591 | | 1498Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and Regeneration to |
---|
1592 | 1592 | | 1499serve as a focal point in research, workforce development, corporate-university partnerships and |
---|
1593 | 1593 | | 1500entrepreneurial growth in the region; provided further, that not less than $5,000,000 shall be |
---|
1594 | 1594 | | 1501expended for the creation and operation of a cyber range in the city of Worcester pursuant to a |
---|
1595 | 1595 | | 1502partnership between Quinsigamond Community College and Worcester State University; |
---|
1596 | 1596 | | 1503provided further, that not less than $200,000 shall be expended to the Uniquely Abled Academy |
---|
1597 | 1597 | | 1504at the Excel Program at Bridgewater State University for workforce development and |
---|
1598 | 1598 | | 1505educational resources; provided further, that not less than $200,000 shall be expended to the |
---|
1599 | 1599 | | 1506Public Health Association visiting nurses program in the town of Stoughton for capital |
---|
1600 | 1600 | | 1507improvements; provided further, that not less than $500,000 shall be expended to the city known |
---|
1601 | 1601 | | 1508as the town of Braintree for capital improvement projects; provided further, that not less than |
---|
1602 | 1602 | | 1509$500,000 shall be expended to the city known as the town of Bridgewater for capital |
---|
1603 | 1603 | | 1510improvement projects; provided further, that not less than $500,000 shall be expended to the |
---|
1604 | 1604 | | 1511town of Easton for capital improvement projects; provided further, that not less than $500,000 |
---|
1605 | 1605 | | 1512shall be expended to the town of Milton for capital improvement projects; provided further, that |
---|
1606 | 1606 | | 1513not less than $500,000 shall be expended to the city known as the town of Randolph for capital |
---|
1607 | 1607 | | 1514improvement projects; provided further, that not less than $500,000 shall be expended to the |
---|
1608 | 1608 | | 1515town of Stoughton for capital improvement projects; provided further, that not less than |
---|
1609 | 1609 | | 1516$500,000 shall be expended to the town of West Bridgewater for capital improvement projects; |
---|
1610 | 1610 | | 1517provided further, that not less than $2,500,000 shall be expended for capital costs related to the |
---|
1611 | 1611 | | 1518construction of the Louis D. Brown Peace Institute's Center for Healing, Teaching and Learning |
---|
1612 | 1612 | | 1519for families and communities throughout the commonwealth impacted by murder, trauma, grief CORRECTED |
---|
1613 | 1613 | | 68 of 319 |
---|
1614 | 1614 | | 1520and loss; provided further, that not less than $2,000,000 shall be expended for South Boston |
---|
1615 | 1615 | | 1521Community Health Center to be matched by the health center and other partners to fund critical |
---|
1616 | 1616 | | 1522renovations and expansion at its main facility to accommodate continued growth in primary care |
---|
1617 | 1617 | | 1523services and to allow for better patient flow to enhance infection control protocols; provided |
---|
1618 | 1618 | | 1524further, that not less than $1,000,000 shall be expended to Inquilinos Boricuas en Acción, Inc. |
---|
1619 | 1619 | | 1525for the construction of La CASA: Center for Arts, Self-determination and Activism, a center for |
---|
1620 | 1620 | | 1526economic mobility programming, youth development, resident services and arts serving low- |
---|
1621 | 1621 | | 1527income families and the conversion of 2 office buildings to 46 units of affordable housing; |
---|
1622 | 1622 | | 1528provided further, that not less than $750,000 shall be expended to the Boston Center for Youth |
---|
1623 | 1623 | | 1529and Families for the planning, design and construction of year-round handball and racquetball |
---|
1624 | 1624 | | 1530courts at the Curley Community Center in the South Boston section of the city of Boston to |
---|
1625 | 1625 | | 1531promote community recreation; provided further, that not less than $750,000 shall be expended |
---|
1626 | 1626 | | 1532to YMCA of Greater Boston, Inc. for the planning, design and construction of the William |
---|
1627 | 1627 | | 1533McGonagle community center in the South Boston section of the city of Boston; provided |
---|
1628 | 1628 | | 1534further, that not less than $500,000 shall be expended to the city of Boston for the first planning, |
---|
1629 | 1629 | | 1535design, acquisition and construction of My Brother’s Keeper Boston’s Opportunity Lab to |
---|
1630 | 1630 | | 1536provide leadership training and support for disadvantaged students; provided further, that not less |
---|
1631 | 1631 | | 1537than $100,000 shall be expended for Snapchef Foundation Inc. for upgrades to and maintenance |
---|
1632 | 1632 | | 1538of their stove and kitchen to continue their culinary training program and community meal |
---|
1633 | 1633 | | 1539preparation; provided further, that not less than $500,000 shall be expended for Work |
---|
1634 | 1634 | | 1540Incorporated for the renovation of a family support center to serve over 500 individuals with |
---|
1635 | 1635 | | 1541disabilities and their families; provided further, that not less than $250,000 shall be expended to |
---|
1636 | 1636 | | 1542The BASE located in the Roxbury section of the city of Boston for the acquisition of CORRECTED |
---|
1637 | 1637 | | 69 of 319 |
---|
1638 | 1638 | | 1543headquarters facilities to continue to serve and offer community programming to urban youth; |
---|
1639 | 1639 | | 1544provided further, that not less than $450,000 shall be expended to the GK Fund, Inc. to provide |
---|
1640 | 1640 | | 1545grants to increase access to the startup economy for individuals from historically |
---|
1641 | 1641 | | 1546underrepresented groups in the city of Boston and gateway cities that participate in the |
---|
1642 | 1642 | | 1547Transformative Development Initiative of the Massachusetts Development Finance Agency; |
---|
1643 | 1643 | | 1548provided further, that not less than $500,00 shall be expended to VietAID for improvements of |
---|
1644 | 1644 | | 1549facilities and for support of its community programming; provided further, that not less than |
---|
1645 | 1645 | | 1550$500,000 shall be expended to the Helen Y. Davis Leadership Academy Charter Public School in |
---|
1646 | 1646 | | 1551the Dorchester section of the city of Boston for infrastructure and facility improvements; |
---|
1647 | 1647 | | 1552provided further, that not less than $250,000 shall be expended to Cape Cod Canal Region |
---|
1648 | 1648 | | 1553Foundation, Inc. to promote economic development in the downtown area of the town of Bourne |
---|
1649 | 1649 | | 1554through revitalization and beautification; provided further, that not less than $200,000 shall be |
---|
1650 | 1650 | | 1555expended for the creation of a comprehensive master plan for the town of Shrewsbury; provided |
---|
1651 | 1651 | | 1556further, that not less than $25,000 shall be expended for a redevelopment plan for vacant |
---|
1652 | 1652 | | 1557property in the town of Shrewsbury; provided further, that not less than $75,000 shall be |
---|
1653 | 1653 | | 1558expended for the creation of a corridor study and economic development strategy to promote |
---|
1654 | 1654 | | 1559business development along state highway route 9 in the town of Shrewsbury; provided further, |
---|
1655 | 1655 | | 1560that not less than $1,000,000 shall be expended for the Simonelli Innovation Center at the |
---|
1656 | 1656 | | 1561Hamilton Mills building in the town of Southbridge for district revitalization and community |
---|
1657 | 1657 | | 1562development projects in the historic Globe Village in the town of Southbridge; provided further, |
---|
1658 | 1658 | | 1563that not less than $500,000 shall be expended to the town of Monson for local and public |
---|
1659 | 1659 | | 1564community development projects at Silver Bell Farm; provided further, that not less than |
---|
1660 | 1660 | | 1565$2,500,000 shall be expended to Northern Essex Community College for the establishment of a CORRECTED |
---|
1661 | 1661 | | 70 of 319 |
---|
1662 | 1662 | | 1566cleanroom laboratory in the city of Haverhill to act as a shared-use space with Whittier Regional |
---|
1663 | 1663 | | 1567Vocational Technical high school; provided further, that not less than $1,000,000 shall be |
---|
1664 | 1664 | | 1568expended to MassChallenge Inc. for capital support of early-commercialization output programs |
---|
1665 | 1665 | | 1569with an emphasis on applied artificial intelligence; provided further, that not less than $7,000,000 |
---|
1666 | 1666 | | 1570shall be expended to the city of Fall River for economic development and revitalization efforts in |
---|
1667 | 1667 | | 1571the Flint neighborhood and Pleasant street corridor of the city; provided further, that not less than |
---|
1668 | 1668 | | 1572$2,000,000 shall be expended to the town of Westport for the construction and installation of |
---|
1669 | 1669 | | 1573water and sewage lines along the United States highway route 6 corridor; provided further, that |
---|
1670 | 1670 | | 1574not less than $1,000,000 shall be expended to the town of Swansea for the installation of sewage |
---|
1671 | 1671 | | 1575lines; and provided further, that not less than $200,000 shall be expended to the Bacon Free |
---|
1672 | 1672 | | 1576Library in the town of Natick for capital improvements………………….……..$864,517,000 |
---|
1673 | 1673 | | 1577 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS |
---|
1674 | 1674 | | 1578 Office of the Secretary |
---|
1675 | 1675 | | 1579 2000-7076For capital grants or other financial assistance administered by the |
---|
1676 | 1676 | | 1580executive office of energy and environmental affairs, in consultation with the department of |
---|
1677 | 1677 | | 1581agricultural resources and division of marine fisheries, to promote and support the growth and |
---|
1678 | 1678 | | 1582economic competitiveness of the commonwealth's agricultural, commercial fishing and |
---|
1679 | 1679 | | 1583cranberry-growing sectors; provided, that the executive office shall prioritize applicants for |
---|
1680 | 1680 | | 1584grants or other financial assistance that focus on innovative approaches to enhance |
---|
1681 | 1681 | | 1585environmental benefits, promote climate resiliency and encourage increased economic activity in |
---|
1682 | 1682 | | 1586its respective sector including, but not limited to: (i) capital infrastructure improvements that |
---|
1683 | 1683 | | 1587promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy CORRECTED |
---|
1684 | 1684 | | 71 of 319 |
---|
1685 | 1685 | | 1588technologies; (iii) tools to address barriers to economic growth, including the purchase of energy |
---|
1686 | 1686 | | 1589efficient equipment and technology; (iv) tools and technologies to support practices that promote |
---|
1687 | 1687 | | 1590resilience against the impacts of climate change; (v) tools and technologies to facilitate |
---|
1688 | 1688 | | 1591sustainability and new product development; (vi) acquisition and purchase of innovative |
---|
1689 | 1689 | | 1592commercial fishing gear designed to protect stocks and species of concern; and (vii) capital |
---|
1690 | 1690 | | 1593infrastructure improvements related to developing and strengthening workforce development and |
---|
1691 | 1691 | | 1594training programs; provided further, that grants made pursuant to this item may be awarded to |
---|
1692 | 1692 | | 1595public higher education institutions, vocational technical schools, or community-based |
---|
1693 | 1693 | | 1596organizations to support the economic competitiveness of the commonwealth's agricultural, |
---|
1694 | 1694 | | 1597commercial fishing and cranberry-growing sectors; provided further, that grants or other |
---|
1695 | 1695 | | 1598financial assistance shall be made on a competitive basis and awarded in a manner that promotes |
---|
1696 | 1696 | | 1599geographic equity; and provided further, that grants or other financial assistance awarded in this |
---|
1697 | 1697 | | 1600item shall be distributed equally among the agriculture, commercial fishing and cranberry- |
---|
1698 | 1698 | | 1601growing sectors ……….......................................................................$21,000,000 |
---|
1699 | 1699 | | 1602 BOARD OF LIBRARY COMMISSIONERS |
---|
1700 | 1700 | | 1603 7000-9093For a program of grants to cities and towns for approved public library |
---|
1701 | 1701 | | 1604projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided, |
---|
1702 | 1702 | | 1605that grants may be awarded to municipalities submitting applications jointly or through a |
---|
1703 | 1703 | | 1606regional planning agency; provided further, that grants or other financial assistance in this item |
---|
1704 | 1704 | | 1607shall only be awarded to projects within municipalities that have been deemed in compliance or |
---|
1705 | 1705 | | 1608interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the |
---|
1706 | 1706 | | 1609General Laws; and provided further, that grant recipients may expend funds for alternative CORRECTED |
---|
1707 | 1707 | | 72 of 319 |
---|
1708 | 1708 | | 1610energy generation, energy infrastructure projects and other decarbonization projects at public |
---|
1709 | 1709 | | 1611libraries.....…………………………………............................ $150,000,000 |
---|
1710 | 1710 | | 1612 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES |
---|
1711 | 1711 | | 1613 Office of the Secretary |
---|
1712 | 1712 | | 1614 7004-0711For the Small Properties State Acquisition Funding Pilot program |
---|
1713 | 1713 | | 1615established in item 1599-6084 of section 2A of chapter 268 of the acts of 2022; provided, that |
---|
1714 | 1714 | | 1616said program shall issue soft loans to supplement other acquisition soft loans administered by |
---|
1715 | 1715 | | 1617municipal or other affordable housing acquisition lenders on a rolling basis; provided further, |
---|
1716 | 1716 | | 1618that acquisitions pursuant to this program shall follow the affordability restrictions of said |
---|
1717 | 1717 | | 1619affordable housing acquisition lenders; and provided further, that loans under this program shall |
---|
1718 | 1718 | | 1620be used for the acquisition of: (i) buildings of 1 to 8 units, inclusive, of residential housing for |
---|
1719 | 1719 | | 1621rental or ownership; or (ii) mixed-use buildings for a term of not less than 30 |
---|
1720 | 1720 | | 1622years.........................................................................................................................$10,000,000 |
---|
1721 | 1721 | | 1623 SECTION 2B. |
---|
1722 | 1722 | | 1624 SECRETARY OF THE COMMONWEALTH |
---|
1723 | 1723 | | 1625 Massachusetts Historical Commission |
---|
1724 | 1724 | | 1626 0526-2013For a grant program to units of municipal government and to nonprofit |
---|
1725 | 1725 | | 1627organizations for the preservation of historic properties, landscapes and sites; provided, that |
---|
1726 | 1726 | | 1628funds shall be awarded in accordance with regulations promulgated by the chair of the |
---|
1727 | 1727 | | 1629Massachusetts historical commission; and provided further, that grants or other financial |
---|
1728 | 1728 | | 1630assistance in this item shall only be awarded to projects within municipalities that have been CORRECTED |
---|
1729 | 1729 | | 73 of 319 |
---|
1730 | 1730 | | 1631deemed in compliance or interim compliance with the multi-family zoning requirement in |
---|
1731 | 1731 | | 1632section 3A of chapter 40A of the General Laws................................................. $8,000,000 |
---|
1732 | 1732 | | 1633 SECTION 2C. |
---|
1733 | 1733 | | 1634 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES |
---|
1734 | 1734 | | 1635 Office of the Secretary |
---|
1735 | 1735 | | 1636 4000-8079For a program to address the capital needs of nursing facilities throughout |
---|
1736 | 1736 | | 1637the commonwealth; provided, that the executive office of health and human services shall |
---|
1737 | 1737 | | 1638provide, in consultation with the Massachusetts Senior Care Association, Inc., forgivable, low- |
---|
1738 | 1738 | | 1639or no-interest loans to nursing facilities contracted as MassHealth providers to support capital |
---|
1739 | 1739 | | 1640improvements that shall include, but not be limited to: (i) developing nursing facility specialized |
---|
1740 | 1740 | | 1641care units including: (a) infectious disease isolation units; (b) dementia special care units; (c) |
---|
1741 | 1741 | | 1642degenerative neurological units; (d) geriatric psychiatry units; (e) traumatic brain injury units; (f) |
---|
1742 | 1742 | | 1643bariatric units; and (g) behavioral health and substance use disorder units; (ii) addressing |
---|
1743 | 1743 | | 1644urgently needed capital improvements including, but not limited to, heating, ventilation, air |
---|
1744 | 1744 | | 1645conditioning, air filtration system upgrades to help prevent the spread of airborne illnesses, |
---|
1745 | 1745 | | 1646roofing or other infrastructure replacement and repair projects, alternative energy conversion |
---|
1746 | 1746 | | 1647projects and elevator renovations to comply with new state and federal requirements; and (iii) |
---|
1747 | 1747 | | 1648funding innovative projects including, but not limited to, conversion of sections within nursing |
---|
1748 | 1748 | | 1649facilities into affordable housing, veterans housing or assisted living units to better accommodate |
---|
1749 | 1749 | | 1650the individual needs of residents and conversion of multi-bed rooms to single occupancy to |
---|
1750 | 1750 | | 1651enhance privacy; provided further, that loans shall be available to non-profit entities to facilitate |
---|
1751 | 1751 | | 1652the acquisition of nursing facilities incorporated as for-profit entities; provided further, that the CORRECTED |
---|
1752 | 1752 | | 74 of 319 |
---|
1753 | 1753 | | 1653executive office, in consultation with the Massachusetts Senior Care Association, Inc., shall |
---|
1754 | 1754 | | 1654establish a methodology for the distribution of funds; and provided further, that not later than |
---|
1755 | 1755 | | 1655March 1, 2025, the executive office shall submit methodology criteria to the house and senate |
---|
1756 | 1756 | | 1656committees on ways and means and the joint committee on elder |
---|
1757 | 1757 | | 1657affairs……………………………………………………………………………..$50,000,000 |
---|
1758 | 1758 | | 1658 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT |
---|
1759 | 1759 | | 1659 Office of the Secretary |
---|
1760 | 1760 | | 1660 7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under |
---|
1761 | 1761 | | 1661section 6 of chapter 23I of the General Laws; provided, that not less than $80,000,000 shall be |
---|
1762 | 1762 | | 1662expended for expansion of the Manning College of Nursing & Health Sciences facilities at the |
---|
1763 | 1763 | | 1663University of Massachusetts Boston ………………………………………….... $580,000,000 |
---|
1764 | 1764 | | 1664 7002-8077 For the Clean Energy Investment Fund established in section 15 of chapter |
---|
1765 | 1765 | | 166523J of the General Laws to promote job creation, economic development and workforce |
---|
1766 | 1766 | | 1666development through capital grants to nonprofit organizations, private entities and governmental |
---|
1767 | 1767 | | 1667entities for the purposes of supporting and stimulating research and development, innovation, |
---|
1768 | 1768 | | 1668manufacturing, commercialization and deployment of climatetech technologies in the |
---|
1769 | 1769 | | 1669commonwealth……………………………………………………………………….$200,000,000 |
---|
1770 | 1770 | | 1670 7002-8078For the Massachusetts Offshore Wind Industry Investment Trust Fund |
---|
1771 | 1771 | | 1671established in section 9A of chapter 23J of the General Laws to support the offshore wind |
---|
1772 | 1772 | | 1672industry and facilitate economic development activity..……………………………$200,000,000 CORRECTED |
---|
1773 | 1773 | | 75 of 319 |
---|
1774 | 1774 | | 1673 SECTION 3. Section 204 of chapter 6 of the General Laws is hereby amended by striking |
---|
1775 | 1775 | | 1674out, in lines 4 and 5, the words “president of the Massachusetts growth capital corporation”, as |
---|
1776 | 1776 | | 1675appearing in the 2022 Official Edition, and inserting in place thereof the following words:- |
---|
1777 | 1777 | | 1676executive director of the Massachusetts Development Finance Agency. |
---|
1778 | 1778 | | 1677 SECTION 4. Section 16G of chapter 6A of the General Laws, as amended by section 21 |
---|
1779 | 1779 | | 1678of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (i) and (j) |
---|
1780 | 1780 | | 1679and inserting in place thereof the following 2 subsections:- |
---|
1781 | 1781 | | 1680 (i) The secretary shall, subject to appropriation, establish within the executive office an |
---|
1782 | 1782 | | 1681office of performance management and oversight to improve the effectiveness of the economic |
---|
1783 | 1783 | | 1682development efforts of the commonwealth. The secretary shall appoint a director of said office |
---|
1784 | 1784 | | 1683who shall have economic development experience in the public or private sector. The director |
---|
1785 | 1785 | | 1684shall establish performance metrics for the public and quasi-public agencies within the executive |
---|
1786 | 1786 | | 1685office or subject to section 56 of chapter 23A, and any regional economic development |
---|
1787 | 1787 | | 1686organization or other private organizations under contract with the commonwealth to perform |
---|
1788 | 1788 | | 1687economic development services, as the secretary shall determine. In developing or revising these |
---|
1789 | 1789 | | 1688performance metrics, the director may from time to time seek out private sector advice and |
---|
1790 | 1790 | | 1689models that can be adapted to the needs of the commonwealth. The secretary shall require each |
---|
1791 | 1791 | | 1690agency or organization reporting to the office to submit an annual plan, including the goals, |
---|
1792 | 1792 | | 1691programs and initiatives for the forthcoming year, and an evaluation of the performance on the |
---|
1793 | 1793 | | 1692goals, programs and initiatives outlined in the preceding year’s plan. Such reports shall be in a |
---|
1794 | 1794 | | 1693form directed by the director and shall incorporate such performance metrics as the director shall |
---|
1795 | 1795 | | 1694establish. CORRECTED |
---|
1796 | 1796 | | 76 of 319 |
---|
1797 | 1797 | | 1695 (j) The director shall prepare an annual report on the progress the agencies or |
---|
1798 | 1798 | | 1696organizations reporting to the office are making towards achieving stated goals in their annual |
---|
1799 | 1799 | | 1697plan. The annual report shall be made available to the public not later than December 31 and |
---|
1800 | 1800 | | 1698shall be published on the official website of the commonwealth and shall be forwarded to the |
---|
1801 | 1801 | | 1699clerks of the house of representatives and the senate, the house and senate committees on ways |
---|
1802 | 1802 | | 1700and means and the joint committee on economic development and emerging technologies. |
---|
1803 | 1803 | | 1701 SECTION 5. Said section 16G of said chapter 6A, as so amended, is hereby further |
---|
1804 | 1804 | | 1702amended by striking out subsection (m) and inserting in place thereof the following subsection:- |
---|
1805 | 1805 | | 1703 (m) Every 4 years, the secretary of economic development, in consultation with the |
---|
1806 | 1806 | | 1704secretary of energy and environmental affairs shall prepare a report that evaluates the status of |
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1807 | 1807 | | 1705the commercial fishing industry and includes recommendations for appropriate actions to be |
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1808 | 1808 | | 1706taken to maintain and revitalize the commercial fishing, shellfish and seafood industry. |
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1809 | 1809 | | 1707 In carrying out this requirement, the secretaries may, and are encouraged to, seek the |
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1810 | 1810 | | 1708laboratory, technical, education and research skills and facilities of public institutions of higher |
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1811 | 1811 | | 1709education. |
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1812 | 1812 | | 1710 SECTION 6. Subsection (n) of said section 16G of said chapter 6A, as so amended, is |
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1813 | 1813 | | 1711hereby further amended by striking out the second sentence. |
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1814 | 1814 | | 1712 SECTION 7. Said section 16G of said chapter 6A is hereby further amended by striking |
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1815 | 1815 | | 1713out, in lines 255 to 256, as so appearing, the words “executive office and paid as the fund |
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1816 | 1816 | | 1714director shall direct” and inserting in place thereof the following words:- secretary of economic |
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1817 | 1817 | | 1715development. CORRECTED |
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1818 | 1818 | | 77 of 319 |
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1819 | 1819 | | 1716 SECTION 8. Said section 16G of said chapter 6A is hereby further amended by striking |
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1820 | 1820 | | 1717out, in line 273, as so appearing, the words “The executive office shall submit an annual” and |
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1821 | 1821 | | 1718inserting in place thereof the following words:- In years when expenditures are made from the |
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1822 | 1822 | | 1719fund, the executive office shall submit a. |
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1823 | 1823 | | 1720 SECTION 9. Chapter 7 of the General Laws is hereby amended by striking out section 4I |
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1824 | 1824 | | 1721and inserting in place thereof the following section:- |
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1825 | 1825 | | 1722 Section 4I. There shall be within the executive office for administration and finance, but |
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1826 | 1826 | | 1723not under its supervision or control, a commission to be known as the civil service commission, |
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1827 | 1827 | | 1724consisting of 5 members, 1 of whom because of vocation, employment, occupation or affiliation, |
---|
1828 | 1828 | | 1725may be classified as a bona fide representative of labor and 2 of whom shall have prior |
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1829 | 1829 | | 1726experience serving as a town administrator, city manager, select board member or city councilor. |
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1830 | 1830 | | 1727 Upon the expiration of the term of office of a commissioner of the civil service |
---|
1831 | 1831 | | 1728commission, a successor shall be appointed by the governor for 5 years; provided, however, that |
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1832 | 1832 | | 1729if such successor is not appointed within 60 days of the expiration of the term of office of a |
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1833 | 1833 | | 1730commissioner, said commissioner shall be deemed to be reappointed to a full term. Not more |
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1834 | 1834 | | 1731than 3 of such members of the commission shall be members of the same political party, and, of |
---|
1835 | 1835 | | 1732the members of the commission who are enrolled as members of a political party on the voting |
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1836 | 1836 | | 1733list used at the primaries, not more than a majority of such members shall be of the same political |
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1837 | 1837 | | 1734party. The governor shall, from time to time, designate 1 of the members as chair. The positions |
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1838 | 1838 | | 1735of chair and each other member of the commission shall be classified in accordance with section |
---|
1839 | 1839 | | 173645 of chapter 30 and the salaries shall be determined in accordance with section 46C of said CORRECTED |
---|
1840 | 1840 | | 78 of 319 |
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1841 | 1841 | | 1737chapter 30. The commissioners shall be reimbursed for their travel and other necessary expenses |
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1842 | 1842 | | 1738incurred in attending meetings. |
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1843 | 1843 | | 1739 Meetings of the commission shall be held at such time and location as it may determine |
---|
1844 | 1844 | | 1740and the commission shall meet upon the request of the personnel administrator. The commission |
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1845 | 1845 | | 1741shall in its rules of practice and procedure provide for the conduct of hearings throughout the |
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1846 | 1846 | | 1742commonwealth when it would best serve the interested parties. |
---|
1847 | 1847 | | 1743 The commission or any member thereof, or the personnel administrator may require, in |
---|
1848 | 1848 | | 1744connection with the activities authorized by law, any official or employee of the human |
---|
1849 | 1849 | | 1745resources division to give full information and to provide all papers and records relating to any |
---|
1850 | 1850 | | 1746official act performed by them. |
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1851 | 1851 | | 1747 SECTION 10. Said chapter 7 is hereby further amended by inserting after section 4S the |
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1852 | 1852 | | 1748following section:- |
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1853 | 1853 | | 1749 Section 4T. A position shall be established at the manager level under the supervision of |
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1854 | 1854 | | 1750the director of diversity and equal opportunity with the responsibility to promote diversity and |
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1855 | 1855 | | 1751equal opportunity in civil service employment throughout the commonwealth. The manager of |
---|
1856 | 1856 | | 1752civil service diversity, equity and inclusion shall be responsible for: (i) overseeing initiatives and |
---|
1857 | 1857 | | 1753addressing issues involving diversity, equity and inclusion in public safety employment, with a |
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1858 | 1858 | | 1754particular focus on civil service municipalities and municipalities that have left the civil service |
---|
1859 | 1859 | | 1755system; and (ii) providing support to the commission on recruitment, hiring and retention of |
---|
1860 | 1860 | | 1756municipal police officers and firefighters in the commonwealth established by section 78 of |
---|
1861 | 1861 | | 1757chapter 31. CORRECTED |
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1862 | 1862 | | 79 of 319 |
---|
1863 | 1863 | | 1758 SECTION 11. Section 35FF of chapter 10 of the General Laws, as appearing in the 2022 |
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1864 | 1864 | | 1759Official Edition, is hereby amended by striking out the words “clean energy”, in lines 46, 51, 52, |
---|
1865 | 1865 | | 176053, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140, and 141 to 142, each time they appear, and inserting |
---|
1866 | 1866 | | 1761in place thereof, in each instance, the following word:- climatetech. |
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1867 | 1867 | | 1762 SECTION 12. Section 8F of chapter 12 of the General Laws, as so appearing, is hereby |
---|
1868 | 1868 | | 1763amended by striking out, in line 13, the figure “$200,000” and inserting in place thereof the |
---|
1869 | 1869 | | 1764following figure:- $500,000. |
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1870 | 1870 | | 1765 SECTION 13. Said section 8F of said chapter 12, as so appearing, is hereby further |
---|
1871 | 1871 | | 1766amended by striking out, in line 24, the figure $500,000” and inserting in place thereof the |
---|
1872 | 1872 | | 1767following figure:- $1,000,000. |
---|
1873 | 1873 | | 1768 SECTION 14. Section 14 of chapter 13 of the General Laws, as so appearing, is hereby |
---|
1874 | 1874 | | 1769amended by inserting after the word “twelve”, in line 14, the following words:- and chapter |
---|
1875 | 1875 | | 1770112A. |
---|
1876 | 1876 | | 1771 SECTION 15. Section 23 of chapter 20 of the General Laws is hereby amended by |
---|
1877 | 1877 | | 1772striking out subsection (b), as so appearing, and inserting in place thereof the following |
---|
1878 | 1878 | | 1773subsection:- |
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1879 | 1879 | | 1774 (b)(1) Notwithstanding any general or special law to the contrary, the department of |
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1880 | 1880 | | 1775agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant |
---|
1881 | 1881 | | 1776to any owner of land subject to an agricultural preservation restriction held by the |
---|
1882 | 1882 | | 1777commonwealth a nonassignable special permit allowing nonagricultural activities to occur on |
---|
1883 | 1883 | | 1778land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time |
---|
1884 | 1884 | | 1779commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the CORRECTED |
---|
1885 | 1885 | | 80 of 319 |
---|
1886 | 1886 | | 1780discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or |
---|
1887 | 1887 | | 1781derogate from the intent and purposes of retaining the land for agricultural use and preserving the |
---|
1888 | 1888 | | 1782natural agricultural resources of the commonwealth; and (iv) the agricultural preservation |
---|
1889 | 1889 | | 1783restriction owner meets all requirements pertaining to special permits contained in the |
---|
1890 | 1890 | | 1784agricultural preservation restriction agreement form utilized by the commonwealth at the time of |
---|
1891 | 1891 | | 1785application for the special permit. In making the determination, the department shall consider the |
---|
1892 | 1892 | | 1786long-term productivity of the agricultural resource and the sustainability of the farm enterprise. |
---|
1893 | 1893 | | 1787 (2) Notwithstanding paragraph (1), the department may approve a special permit for a |
---|
1894 | 1894 | | 1788trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is |
---|
1895 | 1895 | | 1789issued to a permit holder for a 1-year trial period, the department shall notify the special permit |
---|
1896 | 1896 | | 1790holder not later than 90 days before the end of the 1-year trial period of the department’s |
---|
1897 | 1897 | | 1791decision to renew, revoke or amend the permit. If the department fails to notify the special permit |
---|
1898 | 1898 | | 1792holder of its decision to renew, revoke or amend the special permit, the special permit shall |
---|
1899 | 1899 | | 1793automatically be renewed for a period of 5 years. |
---|
1900 | 1900 | | 1794 SECTION 16. Said section 23 of said chapter 20, as so appearing, is hereby further |
---|
1901 | 1901 | | 1795amended by striking out, in line 98, the words “for a special permit authorized in” and inserting |
---|
1902 | 1902 | | 1796in place thereof the following words:- any owner of land subject to an agricultural preservation |
---|
1903 | 1903 | | 1797restriction aggrieved by a decision of the department relative to a special permit authorized |
---|
1904 | 1904 | | 1798pursuant to. |
---|
1905 | 1905 | | 1799 SECTION 17. Said chapter 20 is hereby further amended by adding the following |
---|
1906 | 1906 | | 1800section:- CORRECTED |
---|
1907 | 1907 | | 81 of 319 |
---|
1908 | 1908 | | 1801 Section 33. Notwithstanding any general or special law to the contrary, the secretary of |
---|
1909 | 1909 | | 1802energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, |
---|
1910 | 1910 | | 1803eminent domain or otherwise lands and waters and easements therein to protect and conserve |
---|
1911 | 1911 | | 1804land for the purpose of furthering the mission of the department of the agricultural resources |
---|
1912 | 1912 | | 1805including, but not limited to, retaining land for farming or agriculture as defined by section 1A of |
---|
1913 | 1913 | | 1806chapter 128 and providing affordable and equitable access to agricultural and horticultural lands. |
---|
1914 | 1914 | | 1807 The commissioner of agricultural resources may, from funds appropriated to carry out |
---|
1915 | 1915 | | 1808this section or from funds received from other sources, compensate a landowner for the |
---|
1916 | 1916 | | 1809acquisition by the department of real estate owned by the landowner in such amount as |
---|
1917 | 1917 | | 1810determined by the commissioner to be equitable in consideration of anticipated benefits from |
---|
1918 | 1918 | | 1811such acquisition in accordance with any land acquisition regulations of the department. The |
---|
1919 | 1919 | | 1812commissioner may use department funds to create, replace and maintain appropriate |
---|
1920 | 1920 | | 1813infrastructure and improvements that the department deems consistent with the goals of this |
---|
1921 | 1921 | | 1814section and the department’s mission. |
---|
1922 | 1922 | | 1815 The department may lease, license or otherwise manage these lands as it deems necessary |
---|
1923 | 1923 | | 1816to implement this section and carry out the department’s mission and goals. |
---|
1924 | 1924 | | 1817 Acquisition of land or water under this section shall not guarantee any public access |
---|
1925 | 1925 | | 1818unless otherwise agreed to by the department. |
---|
1926 | 1926 | | 1819 The department may promulgate rules and regulations relative to the rights, privileges |
---|
1927 | 1927 | | 1820and use of lands, waters, real estate interests and associated improvements acquired and |
---|
1928 | 1928 | | 1821maintained under this section. CORRECTED |
---|
1929 | 1929 | | 82 of 319 |
---|
1930 | 1930 | | 1822 The department may dispose of any such real estate as permitted under section 5A of |
---|
1931 | 1931 | | 1823chapter 3 with a two thirds vote of the general court or through the sale to a qualified farmer or |
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1932 | 1932 | | 1824beginning farmer in conjunction with permanent protection of the real estate interest, including |
---|
1933 | 1933 | | 1825through an agricultural preservation restriction to the commonwealth or other qualified |
---|
1934 | 1934 | | 1826conservation entity. |
---|
1935 | 1935 | | 1827 SECTION 18. Section 4C of chapter 21A of the General Laws, as appearing in the 2022 |
---|
1936 | 1936 | | 1828Official Edition, is hereby amended by adding the following subsection:- |
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1937 | 1937 | | 1829 (l) The ocean management plan shall require an environmental DNA study to determine |
---|
1938 | 1938 | | 1830the nature of the habitat of and usage by the marine life specific to the area and shall examine |
---|
1939 | 1939 | | 1831potential impacts to the ecosystem, including, but not limited to, commercial and recreational |
---|
1940 | 1940 | | 1832fishing. |
---|
1941 | 1941 | | 1833 SECTION 19. Chapter 22 of the General Laws is hereby amended by striking out section |
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1942 | 1942 | | 183412 and inserting in place thereof the following section:- |
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1943 | 1943 | | 1835 Section 12. (a) For the purposes of this section, the following words shall, unless the |
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1944 | 1944 | | 1836context clearly requires otherwise, have the following meanings: |
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1945 | 1945 | | 1837 “Mixed martial arts”, as defined in section 32 of chapter 147. |
---|
1946 | 1946 | | 1838 “Unarmed combative sport”, as defined in said section 32 of said chapter 147. |
---|
1947 | 1947 | | 1839 (b) There shall be within the office of public safety and inspections a commission, to be |
---|
1948 | 1948 | | 1840known as the state athletic commission, consisting of the commissioner of occupational licensure |
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1949 | 1949 | | 1841or their designee, and 4 persons to be appointed by the governor, 1 of whom shall have a |
---|
1950 | 1950 | | 1842background in the sport of boxing and 1 of whom shall have a background in the sport of mixed CORRECTED |
---|
1951 | 1951 | | 83 of 319 |
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1952 | 1952 | | 1843martial arts. Members shall serve for terms of 3 years or until a successor is appointed. The |
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1953 | 1953 | | 1844governor shall from time to time designate 1 member as chair. A quorum of 3 members shall be |
---|
1954 | 1954 | | 1845required for the commission to exercise its authority, and an affirmative vote of a majority of the |
---|
1955 | 1955 | | 1846commissioners present at a commission meeting shall be required for all commission actions. |
---|
1956 | 1956 | | 1847The members appointed by the governor may be reimbursed for necessary travel expenses |
---|
1957 | 1957 | | 1848incurred in the performance of their duties. |
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1958 | 1958 | | 1849 (c) If a member is absent without justification for 4 consecutive meetings or for more |
---|
1959 | 1959 | | 1850than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission |
---|
1960 | 1960 | | 1851shall be vacant and the governor shall appoint a successor consistent with subsection (b). The |
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1961 | 1961 | | 1852commission shall, by rule, define what constitutes excused and unexcused absences. |
---|
1962 | 1962 | | 1853 (d) Each commission member shall serve at the pleasure of the governor. |
---|
1963 | 1963 | | 1854 (e) The commissioner of the division of occupational licensure shall appoint a full-time |
---|
1964 | 1964 | | 1855executive director to assume the role of the commission’s administrative and executive head. The |
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1965 | 1965 | | 1856commission may, with the approval of the commissioner, establish qualifications for the |
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1966 | 1966 | | 1857executive director, which shall include: (i) minimum years of experience in unarmed combative |
---|
1967 | 1967 | | 1858sports; and (ii) skills and experience in management. The executive director shall devote their |
---|
1968 | 1968 | | 1859full time and attention to the commission’s duties. The executive director shall be responsible for |
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1969 | 1969 | | 1860administering to the operation of the commission. The executive director may, subject to the |
---|
1970 | 1970 | | 1861review of the commission and approval of the commissioner of the division of occupational |
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1971 | 1971 | | 1862licensure, hire employees, consultants, agents and advisors, including, but not limited to, legal |
---|
1972 | 1972 | | 1863counsel, and shall attend the meetings of the commission. The executive director and any other |
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1973 | 1973 | | 1864employee of the commission shall be an employee of the division of occupational licensure. CORRECTED |
---|
1974 | 1974 | | 84 of 319 |
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1975 | 1975 | | 1865 (f) The commission may deputize 1 or more persons to represent the commission and to |
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1976 | 1976 | | 1866be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; |
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1977 | 1977 | | 1867provided, however, that such deputies shall be compensated in an amount fixed by the |
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1978 | 1978 | | 1868commission, and approved by the commissioner of the division of occupational licensure, for |
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1979 | 1979 | | 1869each match or exhibition attended; and provided further, that the commission may, subject to |
---|
1980 | 1980 | | 1870approval of the commissioner of the division of occupational licensure, approve that such |
---|
1981 | 1981 | | 1871deputies be reimbursed for necessary travel expenses incurred in the performance of their duties. |
---|
1982 | 1982 | | 1872 (g) No deputy shall be assigned to regulate an event under the authority or jurisdiction of |
---|
1983 | 1983 | | 1873the commission who has not received formal training on the laws and rules of the commission |
---|
1984 | 1984 | | 1874and related issues within the previous 12 months prior to the scheduled event. The commission |
---|
1985 | 1985 | | 1875may, subject to approval of the commissioner of the division of occupational licensure, |
---|
1986 | 1986 | | 1876reimburse deputies for necessary travel expenses incurred while attending a formal training. |
---|
1987 | 1987 | | 1877 SECTION 20. Subsection (b) of section 3A of chapter 23A of the General Laws, as |
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1988 | 1988 | | 1878appearing in the 2022 Official Edition, is hereby amended by striking out the definition of |
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1989 | 1989 | | 1879“Expansion of an existing facility” and inserting in place thereof the following definition:- |
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1990 | 1990 | | 1880 “Expansion project”, the expansion of an existing facility located in the commonwealth |
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1991 | 1991 | | 1881that results in a net increase in the number of permanent full-time employees at the expanded |
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1992 | 1992 | | 1882facility. |
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1993 | 1993 | | 1883 SECTION 21. Said subsection (b) of said section 3A of said chapter 23A, as so |
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1994 | 1994 | | 1884appearing, is hereby further amended by inserting after the definition of “Gateway municipality” |
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1995 | 1995 | | 1885the following definition:- CORRECTED |
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1996 | 1996 | | 85 of 319 |
---|
1997 | 1997 | | 1886 “In-state relocation project”, the relocation of a business from 1 location in the |
---|
1998 | 1998 | | 1887commonwealth to another location in the commonwealth that results in a net increase in the |
---|
1999 | 1999 | | 1888number of permanent full-time employees. |
---|
2000 | 2000 | | 1889 SECTION 22. Said subsection (b) of said section 3A of said chapter 23A, as so |
---|
2001 | 2001 | | 1890appearing, is hereby further amended by striking out the definition of “Municipal project |
---|
2002 | 2002 | | 1891endorsement” and inserting in place thereof the following definition:- |
---|
2003 | 2003 | | 1892 “Municipal project endorsement”, an endorsement of a city council with the approval of |
---|
2004 | 2004 | | 1893the mayor in a city, a select board or a board of selectmen in a town that: (i) finds a proposed |
---|
2005 | 2005 | | 1894project is consistent with the municipality’s economic development objectives; (ii) finds a |
---|
2006 | 2006 | | 1895proposed project has a reasonable chance of increasing or retaining employment opportunities as |
---|
2007 | 2007 | | 1896advanced in the proposal; and (iii) provides a description of the local tax incentive, if any, |
---|
2008 | 2008 | | 1897offered by the municipality in support of the proposed project. |
---|
2009 | 2009 | | 1898 SECTION 23. Said subsection (b) of said section 3A of said chapter 23A, as so |
---|
2010 | 2010 | | 1899appearing, is hereby further amended by inserting after the definition of “Municipality” the |
---|
2011 | 2011 | | 1900following definition:- |
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2012 | 2012 | | 1901 “Out-of-state relocation project”, the relocation of a business and permanent full-time |
---|
2013 | 2013 | | 1902employees from outside the commonwealth to a location within the commonwealth. |
---|
2014 | 2014 | | 1903 SECTION 24. Said subsection (b) of said section 3A of said chapter 23A, as so |
---|
2015 | 2015 | | 1904appearing, is hereby further amended by striking out the definition of “Proportion of |
---|
2016 | 2016 | | 1905compliance” and inserting in place thereof the following definition:- CORRECTED |
---|
2017 | 2017 | | 86 of 319 |
---|
2018 | 2018 | | 1906 “Proportion of compliance”, a determination made by the economic assistance |
---|
2019 | 2019 | | 1907coordinating council, established pursuant to section 3B, of a certified project’s compliance with |
---|
2020 | 2020 | | 1908obligations related to capital investment, job creation, job retention or other obligations |
---|
2021 | 2021 | | 1909applicable to the certified project. |
---|
2022 | 2022 | | 1910 SECTION 25. Said subsection (b) of said section 3A of said chapter 23A, as so |
---|
2023 | 2023 | | 1911appearing, is hereby further amended by striking out the definition of “Replacement of an |
---|
2024 | 2024 | | 1912existing facility” and inserting in place thereof the following definition:- |
---|
2025 | 2025 | | 1913 “Retention project”, a project that enables a controlling business to retain not less than 50 |
---|
2026 | 2026 | | 1914permanent full-time employees at a facility located within a gateway city or in an adjacent city or |
---|
2027 | 2027 | | 1915town that is accessible by public transportation to residents of a gateway city; provided, that |
---|
2028 | 2028 | | 1916without such project, the retained jobs would be relocated outside of the commonwealth. |
---|
2029 | 2029 | | 1917 SECTION 26. Said section 3A of said chapter 23A, as so appearing, is hereby further |
---|
2030 | 2030 | | 1918amended by striking out, in line 113, the words “and approved by the EACC”. |
---|
2031 | 2031 | | 1919 SECTION 27. The first sentence of subsection (a) of section 3B of said chapter 23A, as |
---|
2032 | 2032 | | 1920appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the |
---|
2033 | 2033 | | 1921words “who shall serve as co-chairperson”. |
---|
2034 | 2034 | | 1922 SECTION 28. Said section 3B of said chapter 23A, as most recently amended by section |
---|
2035 | 2035 | | 192367 of said chapter 7, is hereby further amended by striking out clauses (iii) to (vii), inclusive, and |
---|
2036 | 2036 | | 1924inserting in place thereof the following 4 clauses:- CORRECTED |
---|
2037 | 2037 | | 87 of 319 |
---|
2038 | 2038 | | 1925 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for |
---|
2039 | 2039 | | 1926the privilege of establishing, operating and maintaining a foreign trade zone in accordance with |
---|
2040 | 2040 | | 1927section 3G; |
---|
2041 | 2041 | | 1928 (iv) assist municipalities in obtaining state and federal resources and assistance for |
---|
2042 | 2042 | | 1929certified projects and other job creation and retention opportunities; |
---|
2043 | 2043 | | 1930 (v) provide appropriate coordination with other state programs, agencies, authorities and |
---|
2044 | 2044 | | 1931public instrumentalities to enable certified projects and other job creation and retention |
---|
2045 | 2045 | | 1932opportunities to be more effectively promoted by the commonwealth; and |
---|
2046 | 2046 | | 1933 (vi) monitor the implementation of the economic development incentive program. |
---|
2047 | 2047 | | 1934 SECTION 29. Subsection (c) of said section 3B of said chapter 23A, as so amended, is |
---|
2048 | 2048 | | 1935hereby further amended by striking out the first 2 sentences and inserting in place thereof the |
---|
2049 | 2049 | | 1936following sentence:- The director of MOBD shall be responsible for administering the EDIP in |
---|
2050 | 2050 | | 1937consultation with the secretary of economic development and the EACC. |
---|
2051 | 2051 | | 1938 SECTION 30. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition, |
---|
2052 | 2052 | | 1939is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the |
---|
2053 | 2053 | | 1940following 2 subsections:- |
---|
2054 | 2054 | | 1941 (a) A controlling business may petition the EACC to certify a proposed project by |
---|
2055 | 2055 | | 1942submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a |
---|
2056 | 2056 | | 1943representation by the controlling business regarding the amount of capital investment to be made, |
---|
2057 | 2057 | | 1944the number of new jobs to be created and the number of existing jobs to be retained; (iii) a |
---|
2058 | 2058 | | 1945representation by the controlling business regarding any other economic benefits or other public CORRECTED |
---|
2059 | 2059 | | 88 of 319 |
---|
2060 | 2060 | | 1946benefits expected to result from the construction of the proposed project; and (iv) any other |
---|
2061 | 2061 | | 1947information that the EACC may require by regulation, policy or guidance. |
---|
2062 | 2062 | | 1948 (b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed |
---|
2063 | 2063 | | 1949project, deny certification of the proposed project or certify the proposed project with conditions. |
---|
2064 | 2064 | | 1950In order to certify a proposed project, with or without conditions, the EACC shall make the |
---|
2065 | 2065 | | 1951following required findings based on the project proposal and any additional investigation that |
---|
2066 | 2066 | | 1952the EACC shall make: (i) the proposed project is located or will be located within the |
---|
2067 | 2067 | | 1953commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation |
---|
2068 | 2068 | | 1954project, out-of-state relocation project or retention project; (iii) the controlling business has |
---|
2069 | 2069 | | 1955committed to maintaining new and retained jobs for a period of not less than 3 years after the |
---|
2070 | 2070 | | 1956completion of the proposed project; (iv) the proposed project appears to be economically feasible |
---|
2071 | 2071 | | 1957and the controlling business has the financial and other means to undertake and complete the |
---|
2072 | 2072 | | 1958proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this |
---|
2073 | 2073 | | 1959chapter are a significant factor in its decision to undertake the proposed project; and (vi) the |
---|
2074 | 2074 | | 1960proposed project complies with all applicable statutory requirements and with any other criteria |
---|
2075 | 2075 | | 1961that the EACC may prescribe by regulation, policy or guidance. |
---|
2076 | 2076 | | 1962 (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an |
---|
2077 | 2077 | | 1963application for project certification, which may include a requirement that the controlling |
---|
2078 | 2078 | | 1964business provide written evidence to support clause (v). |
---|
2079 | 2079 | | 1965 SECTION 31. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is |
---|
2080 | 2080 | | 1966hereby amended by striking out the last sentence. CORRECTED |
---|
2081 | 2081 | | 89 of 319 |
---|
2082 | 2082 | | 1967 SECTION 32. Section 3D of said chapter 23A, as so appearing, is hereby amended by |
---|
2083 | 2083 | | 1968striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be |
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2084 | 2084 | | 1969claimed” and inserting in place thereof the following words:- awarded, the schedule on which |
---|
2085 | 2085 | | 1970those credits may be claimed and the extent to which the credits are refundable. |
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2086 | 2086 | | 1971 SECTION 33. Said section 3D of said chapter 23A, as so appearing, is hereby further |
---|
2087 | 2087 | | 1972amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any, |
---|
2088 | 2088 | | 1973made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain |
---|
2089 | 2089 | | 1974women or minority-owned businesses during the construction of the certified project” and |
---|
2090 | 2090 | | 1975inserting in place thereof the following words:- (vii) commitments, if any, made by the |
---|
2091 | 2091 | | 1976controlling business to use Massachusetts firms, suppliers and vendors or to retain women or |
---|
2092 | 2092 | | 1977minority-owned businesses during the construction of the certified project; and (viii) the |
---|
2093 | 2093 | | 1978commitments, if any, set forth in a municipal project endorsement. |
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2094 | 2094 | | 1979 SECTION 34. Said section 3D of said chapter 23A, as so appearing, is hereby further |
---|
2095 | 2095 | | 1980amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right |
---|
2096 | 2096 | | 1981of the controlling business to carry unused tax credits forward to subsequent tax years” and |
---|
2097 | 2097 | | 1982inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling |
---|
2098 | 2098 | | 1983business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some |
---|
2099 | 2099 | | 1984portion of the credits to be refundable. |
---|
2100 | 2100 | | 1985 SECTION 35. Said section 3D of said chapter 23A, as so appearing, is hereby further |
---|
2101 | 2101 | | 1986amended by striking out subsection (b). |
---|
2102 | 2102 | | 1987 SECTION 36. Said chapter 23A is hereby further amended by striking out section 3E, as |
---|
2103 | 2103 | | 1988so appearing, and inserting in place thereof the following section:- CORRECTED |
---|
2104 | 2104 | | 90 of 319 |
---|
2105 | 2105 | | 1989 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance |
---|
2106 | 2106 | | 1990with section 59 of chapter 40 to the controlling business of a certified project, or to any person or |
---|
2107 | 2107 | | 1991entity undertaking a real estate project or to any person or entity expanding a facility if the |
---|
2108 | 2108 | | 1992municipality finds that there is a strong likelihood that any of the following will occur within the |
---|
2109 | 2109 | | 1993area in question within a specific and reasonably proximate period of time: (i) a significant influx |
---|
2110 | 2110 | | 1994or growth in business activity; (ii) the creation of a significant number of new jobs and not |
---|
2111 | 2111 | | 1995merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private |
---|
2112 | 2112 | | 1996project or investment that contributes significantly to the resiliency of the local economy. |
---|
2113 | 2113 | | 1997 (b)(1) A municipality may offer a special tax assessment to the controlling business of a |
---|
2114 | 2114 | | 1998certified project, to a person or entity undertaking a real estate project or to a person or entity |
---|
2115 | 2115 | | 1999proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of |
---|
2116 | 2116 | | 2000relocating outside of the commonwealth. A special tax assessment shall be set forth in a written |
---|
2117 | 2117 | | 2001agreement between the municipality and the property owner. The agreement shall include, but |
---|
2118 | 2118 | | 2002shall not be limited to, the amount of the tax reduction and the period of time over which such |
---|
2119 | 2119 | | 2003reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. |
---|
2120 | 2120 | | 2004A special tax assessment approved by the municipality shall provide for a reduction of the real |
---|
2121 | 2121 | | 2005property tax that otherwise would be due. The reduction shall be based upon a percentage |
---|
2122 | 2122 | | 2006reduction in the tax that otherwise would be due on the full assessed value of the affected |
---|
2123 | 2123 | | 2007property. The special tax assessment shall provide for tax reduction at least equal to the |
---|
2124 | 2124 | | 2008following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that |
---|
2125 | 2125 | | 2009would be due based on the full assessed value of the affected property; (ii) in the second and |
---|
2126 | 2126 | | 2010third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based |
---|
2127 | 2127 | | 2011on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax CORRECTED |
---|
2128 | 2128 | | 91 of 319 |
---|
2129 | 2129 | | 2012reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed |
---|
2130 | 2130 | | 2013value of the affected property. The municipality may at its discretion provide for greater real |
---|
2131 | 2131 | | 2014property tax reductions than those described in clauses (i) to (iii), inclusive. |
---|
2132 | 2132 | | 2015 (2) A municipality may approve special tax assessments if it determines that: (i) the |
---|
2133 | 2133 | | 2016property owner is either: (A) undertaking a project or otherwise making an investment that |
---|
2134 | 2134 | | 2017contributes to economic revitalization of the municipality and significantly increases |
---|
2135 | 2135 | | 2018employment opportunities for residents of the municipality; or (B) retaining permanent full-time |
---|
2136 | 2136 | | 2019employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the |
---|
2137 | 2137 | | 2020special tax assessment is reasonably necessary to enable the owner’s investment in the project or |
---|
2138 | 2138 | | 2021to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax |
---|
2139 | 2139 | | 2022foregone is reasonably proportionate to the public benefits resulting from the special tax |
---|
2140 | 2140 | | 2023assessment. |
---|
2141 | 2141 | | 2024 (c) If a municipality offers tax increment financing or special tax assessment to the owner |
---|
2142 | 2142 | | 2025or controlling business of a certified project or to the owner of a facility where a certified project |
---|
2143 | 2143 | | 2026is located, the municipality shall notify the EACC by submitting a fully executed copy of the |
---|
2144 | 2144 | | 2027adopted local incentive agreement and any amendments thereto. |
---|
2145 | 2145 | | 2028 SECTION 37. Section 3F of said chapter 23A, as so appearing, is hereby amended by |
---|
2146 | 2146 | | 2029striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a |
---|
2147 | 2147 | | 2030project by the EACC, and annually thereafter, the” and inserting in place thereof the following |
---|
2148 | 2148 | | 2031word:- The. |
---|
2149 | 2149 | | 2032 SECTION 38. Said section 3F of said chapter 23A, as so appearing, is hereby further |
---|
2150 | 2150 | | 2033amended by striking out, in line 37, the words “with job creation requirements”. CORRECTED |
---|
2151 | 2151 | | 92 of 319 |
---|
2152 | 2152 | | 2034 SECTION 39. Said section 3F of said chapter 23A, as so appearing, is hereby further |
---|
2153 | 2153 | | 2035amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 |
---|
2154 | 2154 | | 2036subsections:- |
---|
2155 | 2155 | | 2037 (d) Revocation of a project certification shall take effect on the first day of the tax year in |
---|
2156 | 2156 | | 2038which the material noncompliance occurred, as determined by the EACC, and all EDIP tax |
---|
2157 | 2157 | | 2039credits available to the controlling business shall be rescinded and any claimed tax credits |
---|
2158 | 2158 | | 2040awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of |
---|
2159 | 2159 | | 2041chapter 62 and subsection (i) of section 38N of chapter 63. |
---|
2160 | 2160 | | 2042 (e) Notwithstanding any general law to the contrary, if a municipality terminates a local |
---|
2161 | 2161 | | 2043tax incentive agreement, the municipality may recapture the value of the tax not paid by making |
---|
2162 | 2162 | | 2044a special assessment on the owner of the parcel of real property in the tax year that follows the |
---|
2163 | 2163 | | 2045municipality’s decision to terminate the agreement. The assessment, payment and collection of |
---|
2164 | 2164 | | 2046the special assessment shall be governed by procedures provided for the taxation of omitted |
---|
2165 | 2165 | | 2047property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said |
---|
2166 | 2166 | | 2048chapter 59 for which omitted property assessments may be imposed for each of the fiscal years |
---|
2167 | 2167 | | 2049included in the special assessment. |
---|
2168 | 2168 | | 2050 SECTION 40. Said chapter 23A is hereby further amended by striking out section 3H, as |
---|
2169 | 2169 | | 2051most recently amended by section 70 of chapter 7 of the acts of 2023, and inserting in place |
---|
2170 | 2170 | | 2052thereof the following section:- |
---|
2171 | 2171 | | 2053 Section 3H. (a) There shall be a permit regulatory office within the executive office of |
---|
2172 | 2172 | | 2054economic development. The secretary of economic development shall appoint a person with |
---|
2173 | 2173 | | 2055experience in permitting and business development to serve as the director of the permit CORRECTED |
---|
2174 | 2174 | | 93 of 319 |
---|
2175 | 2175 | | 2056regulatory office. The director of the permit regulatory office shall: (i) serve as the state permit |
---|
2176 | 2176 | | 2057ombudsman to new and expanding businesses; (ii) work with other state agencies, but not |
---|
2177 | 2177 | | 2058including divisions of the state secretary’s office, to expedite the process of obtaining state |
---|
2178 | 2178 | | 2059licenses, permits, state certificates, state approvals and other requirements of law; (iii) provide |
---|
2179 | 2179 | | 2060technical assistance to municipalities interested in streamlining local permitting processes; (iv) |
---|
2180 | 2180 | | 2061review and approve or deny municipal priority development site proposals made pursuant to |
---|
2181 | 2181 | | 2062chapter 43D and monitor the development of priority development sites; (v) subject to |
---|
2182 | 2182 | | 2063appropriation, administer and award technical assistance grants pursuant to chapter 43D; and (vi) |
---|
2183 | 2183 | | 2064support the administration of the growth districts initiative as defined in chapter 43E. The permit |
---|
2184 | 2184 | | 2065regulatory office shall consult with the secretary of energy and environmental affairs, the |
---|
2185 | 2185 | | 2066secretary of housing and livable communities and the secretary of transportation prior to |
---|
2186 | 2186 | | 2067approving or denying a proposed priority development site; provided, that for local review |
---|
2187 | 2187 | | 2068procedures the regulatory office shall consult with relevant municipal officials and regional |
---|
2188 | 2188 | | 2069planning agencies responsible for local review procedures. |
---|
2189 | 2189 | | 2070 (b) There shall be a regulatory ombudsman within the permit regulatory office to address |
---|
2190 | 2190 | | 2071regulatory matters of interest to the business community. The regulatory ombudsman shall work |
---|
2191 | 2191 | | 2072in partnership with the state permitting ombudsman to assist businesses in the process of |
---|
2192 | 2192 | | 2073complying with state regulations and other requirements of law that affect businesses. The |
---|
2193 | 2193 | | 2074regulatory ombudsman shall facilitate communication between individual businesses and state |
---|
2194 | 2194 | | 2075agencies and provide periodic training to regulatory personnel in state agencies on how to |
---|
2195 | 2195 | | 2076identify the small business impacts of regulation, how to reduce those impacts and how to |
---|
2196 | 2196 | | 2077expedite and streamline the process or compliance. CORRECTED |
---|
2197 | 2197 | | 94 of 319 |
---|
2198 | 2198 | | 2078 (c) The director of the permit regulatory office shall file an annual report with the house |
---|
2199 | 2199 | | 2079and senate committees on ways and means not later than January 1 detailing the activities of the |
---|
2200 | 2200 | | 2080permit regulatory office. |
---|
2201 | 2201 | | 2081 SECTION 41. Said chapter 23A is hereby further amended by inserting after section 3L |
---|
2202 | 2202 | | 2082the following section:- |
---|
2203 | 2203 | | 2083 Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts |
---|
2204 | 2204 | | 2084office of business development established in section 1, or any constituent office thereof. |
---|
2205 | 2205 | | 2085 (2) There is hereby established a pilot program for a live theater tax credit for which a |
---|
2206 | 2206 | | 2086live theater company doing business with a Massachusetts-based theater venue, theater company, |
---|
2207 | 2207 | | 2087theater presenter or producer may be eligible. The credit shall be established to support the |
---|
2208 | 2208 | | 2088expansion of pre-Broadway productions, pre-off-Broadway productions, national tour launches |
---|
2209 | 2209 | | 2089and regional professional theater productions, as those terms are defined in paragraph (1) of |
---|
2210 | 2210 | | 2090subsection (ff) of section 6 of chapter 62 and subsection (a) of section 38QQ of chapter 63, and |
---|
2211 | 2211 | | 2091shall assist in the development of long run show development and growth. |
---|
2212 | 2212 | | 2092 (b)(1) The office, directly or through a constituent office, shall run a competitive grant |
---|
2213 | 2213 | | 2093program to award live theater tax credits. An applicant shall only be awarded a tax credit if they |
---|
2214 | 2214 | | 2094meet the requisite criteria and qualifications for the credit as outlined in this section and |
---|
2215 | 2215 | | 2095subsection (ff) of section 6 of chapter 62 or section 38QQ of chapter 63. The office shall |
---|
2216 | 2216 | | 2096establish criteria for prioritization of credits, which may include anticipated economic impact |
---|
2217 | 2217 | | 2097and other factors at the discretion of the office. The total cumulative value of the credits |
---|
2218 | 2218 | | 2098authorized pursuant to this section and subsection (ff) of section 6 of chapter 62 or section 38QQ |
---|
2219 | 2219 | | 2099of chapter 63 shall not exceed $7,000,000 annually. CORRECTED |
---|
2220 | 2220 | | 95 of 319 |
---|
2221 | 2221 | | 2100 (2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the |
---|
2222 | 2222 | | 2101office an application for certification of the theater production. The application shall provide all |
---|
2223 | 2223 | | 2102information and data the office deems necessary for the evaluation and administration of the |
---|
2224 | 2224 | | 2103application, including, but not limited to, any information about the theater production company |
---|
2225 | 2225 | | 2104or its related partners or presenters and a specific Massachusetts live theater or musical |
---|
2226 | 2226 | | 2105production as well as such other information as the office, in its discretion, requires to evaluate |
---|
2227 | 2227 | | 2106and prioritize applications. The eligible theater production budget shall be not less than |
---|
2228 | 2228 | | 2107$100,000. The maximum credit for any production shall not be more than $7,000,000, or a lesser |
---|
2229 | 2229 | | 2108amount as determined by the office. |
---|
2230 | 2230 | | 2109 (3) The office shall review completed applications, determine whether they meet the |
---|
2231 | 2231 | | 2110requisite criteria and qualifications for certification and award tax credits in the office’s sole |
---|
2232 | 2232 | | 2111discretion. If a theater production or presentation is determined to be eligible, the office shall |
---|
2233 | 2233 | | 2112issue a certification of the eligible theater production or presentation to the theater production |
---|
2234 | 2234 | | 2113company, co-producer or presenter and to the commissioner of revenue. The certification shall |
---|
2235 | 2235 | | 2114provide a unique identification number for the production and shall be a statement of conditional |
---|
2236 | 2236 | | 2115eligibility for the production. |
---|
2237 | 2237 | | 2116 (c) Upon completion of an eligible theater production for which a certification has been |
---|
2238 | 2238 | | 2117granted, the applicant shall properly prepare, sign and submit to the office and the department of |
---|
2239 | 2239 | | 2118revenue a cost accounting in connection with the eligible theater production. The cost accounting |
---|
2240 | 2240 | | 2119shall contain a cost report and an accountant’s certification. In computing payroll costs, |
---|
2241 | 2241 | | 2120production and performance expenditures and transportation expenditures for which a credit may |
---|
2242 | 2242 | | 2121be claimed, an eligible theater production shall subtract any state funds, state loans or state |
---|
2243 | 2243 | | 2122guaranteed loans. The office and commissioner of revenue may rely, without independent CORRECTED |
---|
2244 | 2244 | | 96 of 319 |
---|
2245 | 2245 | | 2123investigation, upon an accountant’s certification, in the form of an opinion, confirming the |
---|
2246 | 2246 | | 2124accuracy of the information included in the cost report. If the office or the department of revenue |
---|
2247 | 2247 | | 2125receives information that is materially inconsistent with representations made in an application, |
---|
2248 | 2248 | | 2126the office may rescind the certification. |
---|
2249 | 2249 | | 2127 (d) The office, in consultation with the commissioner of revenue, shall promulgate rules |
---|
2250 | 2250 | | 2128and regulations to administer this section. |
---|
2251 | 2251 | | 2129 SECTION 42. Section 56 of said chapter 23A is hereby amended by striking out, in lines |
---|
2252 | 2252 | | 213018 and 19, as appearing in the 2022 Official Edition, the words:- , the Massachusetts Growth |
---|
2253 | 2253 | | 2131Capital Corporation. |
---|
2254 | 2254 | | 2132 SECTION 43. Section 62 of said chapter 23A is hereby repealed. |
---|
2255 | 2255 | | 2133 SECTION 44. Said chapter 23A is hereby further amended by striking out section 66, as |
---|
2256 | 2256 | | 2134most recently amended by section 99 of chapter 7 of the acts of 2023, and inserting in place |
---|
2257 | 2257 | | 2135thereof the following 2 sections:- |
---|
2258 | 2258 | | 2136 Section 66. (a) For purposes of this section and section 66A, “rural community” shall |
---|
2259 | 2259 | | 2137mean a municipality with a population density of less than 500 persons per square mile or a |
---|
2260 | 2260 | | 2138population of less than 7,000 persons, in each case as shown in the most recent U.S. decennial |
---|
2261 | 2261 | | 2139census. |
---|
2262 | 2262 | | 2140 (b) There shall be a rural policy advisory commission within, but not subject to the |
---|
2263 | 2263 | | 2141supervision or control of, the executive office of economic development. The mission of the |
---|
2264 | 2264 | | 2142commission shall be to enhance the economic vitality of rural communities and advance the |
---|
2265 | 2265 | | 2143health and well-being of rural residents. CORRECTED |
---|
2266 | 2266 | | 97 of 319 |
---|
2267 | 2267 | | 2144 (c) The commission shall consist of the following 15 members: the speaker of the house |
---|
2268 | 2268 | | 2145of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee; |
---|
2269 | 2269 | | 2146the secretary of economic development, ex officio, or a designee; and 12 persons to be appointed |
---|
2270 | 2270 | | 2147by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of |
---|
2271 | 2271 | | 2148whom shall be from the Cape Cod commission, 1 of whom shall be from the central |
---|
2272 | 2272 | | 2149Massachusetts regional planning district commission, 1 of whom shall be from the Franklin |
---|
2273 | 2273 | | 2150regional council of governments, 1 of whom shall be from the Martha’s Vineyard commission, 1 |
---|
2274 | 2274 | | 2151of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from |
---|
2275 | 2275 | | 2152the Nantucket planning & economic development commission and 1 of whom shall be from the |
---|
2276 | 2276 | | 2153Pioneer Valley planning commission. Commission members shall be persons with demonstrated |
---|
2277 | 2277 | | 2154interest and experience in advancing the interests of rural residents. |
---|
2278 | 2278 | | 2155 (d) Members of the commission shall serve a maximum of 3 consecutive 3-year terms. |
---|
2279 | 2279 | | 2156Vacancies in the membership of the commission shall be filled for the balance of the unexpired |
---|
2280 | 2280 | | 2157term. The commission shall elect from among its members a chair, a vice chair, a treasurer and |
---|
2281 | 2281 | | 2158any other officers it considers necessary. The members of the commission shall receive no |
---|
2282 | 2282 | | 2159compensation for their services but shall be reimbursed for any usual and customary expenses |
---|
2283 | 2283 | | 2160incurred in the performance of their duties. Members shall be considered special state employees |
---|
2284 | 2284 | | 2161for the purposes of chapter 268A. |
---|
2285 | 2285 | | 2162 (e) The commission shall serve as a research body for issues critical to the welfare and |
---|
2286 | 2286 | | 2163vitality of rural communities and shall: (i) study, review and report on the status of rural |
---|
2287 | 2287 | | 2164communities and residents in the commonwealth; (ii) advise the general court and the executive |
---|
2288 | 2288 | | 2165branch of the impact of existing and proposed state laws, policies and regulations on rural |
---|
2289 | 2289 | | 2166communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate CORRECTED |
---|
2290 | 2290 | | 98 of 319 |
---|
2291 | 2291 | | 2167to ensure that rural communities receive a fair share of state investment; (v) promote |
---|
2292 | 2292 | | 2168collaboration among rural communities to improve efficiency in delivery of services; and (vi) |
---|
2293 | 2293 | | 2169develop and support new leadership in rural communities. The executive office shall, subject to |
---|
2294 | 2294 | | 2170appropriation, provide the commission with adequate office space and any research, analysis or |
---|
2295 | 2295 | | 2171other staff support that the commission reasonably requires. |
---|
2296 | 2296 | | 2172 (f) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting |
---|
2297 | 2297 | | 2173locations shall rotate between the city of Boston, Cape Cod and the Islands region, central |
---|
2298 | 2298 | | 2174Massachusetts and western Massachusetts. Meetings shall be open to the public pursuant to |
---|
2299 | 2299 | | 2175sections 18 to 25, inclusive, of chapter 30A. |
---|
2300 | 2300 | | 2176 (g) The commission may accept and solicit funds, including any gifts, donations, grants |
---|
2301 | 2301 | | 2177or bequests or any federal funds for any of the purposes of this section. The funds shall be |
---|
2302 | 2302 | | 2178deposited in a separate account with the state treasurer, shall be received by the state treasurer on |
---|
2303 | 2303 | | 2179behalf of the commonwealth and shall be expended by the commission under the law. |
---|
2304 | 2304 | | 2180 (h) The commission shall annually, not later than June 2, report the results of its findings |
---|
2305 | 2305 | | 2181and activities of the preceding year and its recommendations to the governor and to the clerks of |
---|
2306 | 2306 | | 2182the house of representatives and the senate who shall forward the same to the joint committee on |
---|
2307 | 2307 | | 2183economic development and emerging technologies. |
---|
2308 | 2308 | | 2184 Section 66A. (a) The executive office of economic development shall administer a rural |
---|
2309 | 2309 | | 2185development program to promote economic opportunity and prosperity in rural communities. |
---|
2310 | 2310 | | 2186The program shall provide financial assistance on a competitive basis to municipalities, other |
---|
2311 | 2311 | | 2187public entities, community development corporations, regional planning agencies or non-profit |
---|
2312 | 2312 | | 2188entities for infrastructure projects, downtown improvements and other projects that advance CORRECTED |
---|
2313 | 2313 | | 99 of 319 |
---|
2314 | 2314 | | 2189economic and community development, stable housing markets and priorities identified by the |
---|
2315 | 2315 | | 2190rural policy advisory commission established in section 66. |
---|
2316 | 2316 | | 2191 (b) The secretary of economic development shall, through guidelines or regulations, |
---|
2317 | 2317 | | 2192establish an application process and criteria to prioritize the distribution of financial assistance, |
---|
2318 | 2318 | | 2193taking into account the diversity of rural communities. The guidelines or regulations shall allow |
---|
2319 | 2319 | | 2194for joint applications by 2 or more rural communities for a single project serving the |
---|
2320 | 2320 | | 2195municipalities. |
---|
2321 | 2321 | | 2196 (c) The secretary of economic development shall report annually to the house and senate |
---|
2322 | 2322 | | 2197committees on ways and means and the joint committee on community development and small |
---|
2323 | 2323 | | 2198businesses on the activities and status of the program. |
---|
2324 | 2324 | | 2199 SECTION 45. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022 |
---|
2325 | 2325 | | 2200Official Edition, is hereby amended by striking out the third sentence and inserting in place |
---|
2326 | 2326 | | 2201thereof the following sentence:- For the purposes of this section, “micro business” shall mean a |
---|
2327 | 2327 | | 2202business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 |
---|
2328 | 2328 | | 2203full-time employees; (iii) annual net profit of not more than $250,000; and (iv) annual revenue |
---|
2329 | 2329 | | 2204not to exceed a threshold amount established by the director of the MOBD, provided that such |
---|
2330 | 2330 | | 2205threshold amount shall be not less than $250,000. |
---|
2331 | 2331 | | 2206 SECTION 46. Said section 69 said chapter 23A, as so appearing, is hereby further |
---|
2332 | 2332 | | 2207amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital |
---|
2333 | 2333 | | 2208Corporation” and inserting in place thereof the following words:- growth capital division of the |
---|
2334 | 2334 | | 2209Massachusetts Development Finance Agency. CORRECTED |
---|
2335 | 2335 | | 100 of 319 |
---|
2336 | 2336 | | 2210 SECTION 47. Said chapter 23A is hereby further amended by adding the following |
---|
2337 | 2337 | | 2211section:- |
---|
2338 | 2338 | | 2212 Section 70. (a) The terms defined in paragraph (zz) of section 6 of chapter 64H shall |
---|
2339 | 2339 | | 2213apply to this section unless the context clearly requires otherwise. |
---|
2340 | 2340 | | 2214 (b) The secretary of the executive office of economic development, in consultation with |
---|
2341 | 2341 | | 2215the commissioner of revenue, shall determine qualifications for qualified data centers, to qualify |
---|
2342 | 2342 | | 2216for a sales and use tax exemption pursuant to paragraph (zz) of section 6 of chapter 64H. |
---|
2343 | 2343 | | 2217 (c) To apply for the sales and use tax exemption pursuant to paragraph (zz) of section 6 |
---|
2344 | 2344 | | 2218of chapter 64H, the owner or operator of a data center shall submit to the secretary of economic |
---|
2345 | 2345 | | 2219development an application on a form prescribed by the commissioner of revenue that shall |
---|
2346 | 2346 | | 2220include: |
---|
2347 | 2347 | | 2221 (i) the name, address and telephone number of the owner or operator; |
---|
2348 | 2348 | | 2222 (ii) the address of the site where the qualified data center is or will be located, including, |
---|
2349 | 2349 | | 2223but not limited to, information sufficient to identify the facility composing the data center, and |
---|
2350 | 2350 | | 2224the expected commercial operations date of each data center building that will be located at the |
---|
2351 | 2351 | | 2225data center facility; |
---|
2352 | 2352 | | 2226 (iii) the anticipated aggregate square feet of the qualified data center for which the sales |
---|
2353 | 2353 | | 2227and use tax exemption is being sought; provided, that in determining whether the facility has the |
---|
2354 | 2354 | | 2228required square footage, the total square footage of the data center facility shall include the space |
---|
2355 | 2355 | | 2229that houses the computer information technology equipment, networking, data processing or data |
---|
2356 | 2356 | | 2230storage, including, but not limited to, servers and routers and the following spaces that support CORRECTED |
---|
2357 | 2357 | | 101 of 319 |
---|
2358 | 2358 | | 2231the operation of enterprise information technology equipment including, but not limited to, office |
---|
2359 | 2359 | | 2232space, meeting space, loading dock space and mechanical and other support facilities; |
---|
2360 | 2360 | | 2233 (iv) the anticipated investment associated with the qualified data center for which the |
---|
2361 | 2361 | | 2234sales and use tax exemption is being sought; |
---|
2362 | 2362 | | 2235 (v) the anticipated number of jobs that the data center will create and maintain within 1 |
---|
2363 | 2363 | | 2236year, 5 years and 10 years of operations after certification; and |
---|
2364 | 2364 | | 2237 (vi) an affirmation, signed by an authorized executive representing the owner or operator, |
---|
2365 | 2365 | | 2238that the data center is expected to satisfy the certification requirements in this section as a |
---|
2366 | 2366 | | 2239qualified data center. |
---|
2367 | 2367 | | 2240 (d)(1) Within 60 days after receiving a completed application, the secretary of economic |
---|
2368 | 2368 | | 2241development shall review the application submitted by the owner or operator of a data center and |
---|
2369 | 2369 | | 2242certify the data center as a certified qualified data center if the data center meets all requirements |
---|
2370 | 2370 | | 2243of this section. |
---|
2371 | 2371 | | 2244 (2) The secretary shall issue a written certification that the data center qualifies for the |
---|
2372 | 2372 | | 2245sales and use tax exemption or provide written reasons for its denial and an opportunity for the |
---|
2373 | 2373 | | 2246applicant to cure any deficiencies. |
---|
2374 | 2374 | | 2247 (3) Failure to approve or deny the application within 60 days after the date the owner or |
---|
2375 | 2375 | | 2248operator submits the application to the secretary shall constitute approval of the qualified data |
---|
2376 | 2376 | | 2249center and the secretary shall issue written certification to the owner or operator within 14 days. |
---|
2377 | 2377 | | 2250 (4) The certification shall provide the following information related to each data center: |
---|
2378 | 2378 | | 2251 (i) the effective date of the certification; CORRECTED |
---|
2379 | 2379 | | 102 of 319 |
---|
2380 | 2380 | | 2252 (ii) the total square footage of the qualified data center; |
---|
2381 | 2381 | | 2253 (iii) the total amount of land costs, construction costs, refurbishment costs and eligible |
---|
2382 | 2382 | | 2254data center equipment; and |
---|
2383 | 2383 | | 2255 (iv) the beginning and ending dates of the sales and use tax exemption for the first data |
---|
2384 | 2384 | | 2256center building, which shall begin on the effective date of the certification and be valid for |
---|
2385 | 2385 | | 2257qualification period, and for a qualified data center that is comprised of more than 1 data center |
---|
2386 | 2386 | | 2258building, the expected commercial operations dates and expected qualification periods for |
---|
2387 | 2387 | | 2259subsequent data center buildings expected to be located at the qualified data center. |
---|
2388 | 2388 | | 2260 (5) The secretary shall send a copy of the certification to the commissioner of revenue. |
---|
2389 | 2389 | | 2261 (e) The effective date of the certification shall be the date on which the application was |
---|
2390 | 2390 | | 2262submitted to the secretary or a prospective date stated in the application that does not exceed 5 |
---|
2391 | 2391 | | 2263years after the date on which the application was submitted; provided, that the certification shall |
---|
2392 | 2392 | | 2264be valid through the qualification period. |
---|
2393 | 2393 | | 2265 (f) The secretary and commissioner shall review the certification after 10 years. |
---|
2394 | 2394 | | 2266 (g)(1) For the purposes of this section, the term “material noncompliance” shall mean the |
---|
2395 | 2395 | | 2267failure of a qualified data center to substantially achieve the investment requirements and |
---|
2396 | 2396 | | 2268minimum number of jobs pursuant to paragraph (zz) of section 6 of chapter 64H. |
---|
2397 | 2397 | | 2269 (2) The secretary may revoke the certification of a qualified data center after an |
---|
2398 | 2398 | | 2270investigation by the executive office of economic development, in consultation with the |
---|
2399 | 2399 | | 2271department of revenue, and a written determination that the qualified data center is in material |
---|
2400 | 2400 | | 2272noncompliance with this section, paragraph (zz) of section 6 of chapter 64H or the certification. CORRECTED |
---|
2401 | 2401 | | 103 of 319 |
---|
2402 | 2402 | | 2273 (3) Revocation shall take effect on the first day of the tax year in which the executive |
---|
2403 | 2403 | | 2274office of economic development determines the qualified data center to be in material |
---|
2404 | 2404 | | 2275noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, |
---|
2405 | 2405 | | 2276disallow any credits, exemptions or other tax benefits allowed by the original certification of tax |
---|
2406 | 2406 | | 2277benefits pursuant to paragraph (zz) of section 6 of chapter 64H. |
---|
2407 | 2407 | | 2278 (h) Each qualified data center shall file a report with the secretary and commissioner prior |
---|
2408 | 2408 | | 2279to the end of the tenth year of the qualification period detailing whether it has met the specific |
---|
2409 | 2409 | | 2280investment requirements pursuant to paragraph (zz) of section 6 of chapter 64H. |
---|
2410 | 2410 | | 2281 (i) The secretary, in consultation with the commissioner of revenue, shall promulgate |
---|
2411 | 2411 | | 2282regulations and shall issue instructions or forms necessary for the implementation of this section. |
---|
2412 | 2412 | | 2283 SECTION 48. Section 16 of chapter 23D of the General Laws, as appearing in the 2022 |
---|
2413 | 2413 | | 2284Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “Massachusetts |
---|
2414 | 2414 | | 2285Growth Capital Corporation” and inserting in place thereof the following words:- Massachusetts |
---|
2415 | 2415 | | 2286Development Finance Agency. |
---|
2416 | 2416 | | 2287 SECTION 49. Section 20 of said chapter 23D is hereby repealed. |
---|
2417 | 2417 | | 2288 SECTION 50. Section 1 of chapter 23G of the General Laws, as appearing in the 2022 |
---|
2418 | 2418 | | 2289Official Edition, is hereby amended by inserting after the definition of “Bonds” the following |
---|
2419 | 2419 | | 2290definition:- |
---|
2420 | 2420 | | 2291 “Community development corporation” or “CDC”, a community development |
---|
2421 | 2421 | | 2292corporation as defined in section 2 of chapter 40H and certified pursuant to section 2A of said |
---|
2422 | 2422 | | 2293chapter 40H. CORRECTED |
---|
2423 | 2423 | | 104 of 319 |
---|
2424 | 2424 | | 2294 SECTION 51. Said section 1 of said chapter 23G, as so appearing, is hereby further |
---|
2425 | 2425 | | 2295amended by striking out the definition of “Massachusetts Health and Educational Facilities |
---|
2426 | 2426 | | 2296Authority” and inserting in place thereof the following 3 definitions:- |
---|
2427 | 2427 | | 2297 “Massachusetts Growth Capital Corporation”, the Massachusetts Growth Capital |
---|
2428 | 2428 | | 2298Corporation established in chapter 40W, the power, functions, assets and liabilities of which |
---|
2429 | 2429 | | 2299have been merged into the Massachusetts Development Finance Agency. |
---|
2430 | 2430 | | 2300 “Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority |
---|
2431 | 2431 | | 2301established in section 4 of chapter 614 of the acts of 1968. |
---|
2432 | 2432 | | 2302 “Micro business”, a business entity with: (i) a principal place of business in the |
---|
2433 | 2433 | | 2303commonwealth; (ii) not more than 10 full-time employees; (iii) annual profit of not more than |
---|
2434 | 2434 | | 2304$250,000; and (iv) annual revenue not to exceed a threshold amount established by the director |
---|
2435 | 2435 | | 2305of the MOBD, provided that such threshold amount shall be not less than $250,000. |
---|
2436 | 2436 | | 2306 SECTION 52. Said section 1 of said chapter 23G, as so appearing, is hereby further |
---|
2437 | 2437 | | 2307amended by inserting after the definition of “Revenues” the following definition:- |
---|
2438 | 2438 | | 2308 “Small business”, a business entity, including its affiliates, that: (i) is independently |
---|
2439 | 2439 | | 2309owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would |
---|
2440 | 2440 | | 2310be defined as a “small business” under applicable federal law. |
---|
2441 | 2441 | | 2311 SECTION 53. Section 2 of said chapter 23G is hereby amended by striking out |
---|
2442 | 2442 | | 2312subsection (b), as amended by section 126 of chapter 7 of the acts of 2023, and inserting in place |
---|
2443 | 2443 | | 2313thereof the following subsection:- CORRECTED |
---|
2444 | 2444 | | 105 of 319 |
---|
2445 | 2445 | | 2314 (b) The agency shall be governed and its corporate powers exercised by a board of |
---|
2446 | 2446 | | 2315directors consisting of the secretary of administration and finance or a designee; the secretary of |
---|
2447 | 2447 | | 2316economic development or a designee, who shall serve as chair; and 13 members to be appointed |
---|
2448 | 2448 | | 2317by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be |
---|
2449 | 2449 | | 2318experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage |
---|
2450 | 2450 | | 2319lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be |
---|
2451 | 2451 | | 2320experienced in planning and the redevelopment of environmentally contaminated lands, 1 of |
---|
2452 | 2452 | | 2321whom shall be a representative of organized labor, 1 of whom shall be experienced in |
---|
2453 | 2453 | | 2322community economic development and employed by a CDC or a representative of the |
---|
2454 | 2454 | | 2323Massachusetts Association of Community Development Corporations, 1 of whom shall be a |
---|
2455 | 2455 | | 2324representative of a community bank in the commonwealth, 1 of whom shall be a representative |
---|
2456 | 2456 | | 2325of an organization of small businesses or manufacturing companies in the commonwealth, 1 of |
---|
2457 | 2457 | | 2326whom shall be experienced in small business financing or restructuring and 1 of whom shall be a |
---|
2458 | 2458 | | 2327small business owner. Each member appointed by the governor shall serve for a term of 3 years; |
---|
2459 | 2459 | | 2328provided, however, that of the initial appointed members, 4 shall serve terms of 2 years and 5 |
---|
2460 | 2460 | | 2329shall serve terms of 3 years. A person appointed to fill a vacancy in the office of a member of the |
---|
2461 | 2461 | | 2330board shall be appointed in a like manner and shall serve for only the unexpired term of such |
---|
2462 | 2462 | | 2331member. A member shall be eligible for reappointment. A member may be removed from their |
---|
2463 | 2463 | | 2332appointment by the governor for cause. |
---|
2464 | 2464 | | 2333 SECTION 54. Said section 2 of said chapter 23G is hereby further amended by striking |
---|
2465 | 2465 | | 2334out, in line 34, as appearing in the 2022 Official Edition, the word “Six” and inserting in place |
---|
2466 | 2466 | | 2335thereof the following word:- Eight. CORRECTED |
---|
2467 | 2467 | | 106 of 319 |
---|
2468 | 2468 | | 2336 SECTION 55. Said section 2 of said chapter 23G is hereby further amended by striking |
---|
2469 | 2469 | | 2337out subsection (l), as so appearing, and inserting in place thereof the following 3 subsections:- |
---|
2470 | 2470 | | 2338 (l) The agency shall be the successor to the Massachusetts Growth Capital Corporation, |
---|
2471 | 2471 | | 2339previously established in section 2 of chapter 40W. All real estate, property rights, personal |
---|
2472 | 2472 | | 2340property, funds, moneys, revenues, receipts, contract rights and other intangible assets, |
---|
2473 | 2473 | | 2341equipment and any other ownership, possessory or security interests of any kind whatsoever, or |
---|
2474 | 2474 | | 2342any portion thereof, held by the Massachusetts Growth Capital Corporation including, but not |
---|
2475 | 2475 | | 2343limited to, funds previously appropriated by the commonwealth for the Massachusetts Growth |
---|
2476 | 2476 | | 2344Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to |
---|
2477 | 2477 | | 2345the agency on the same basis and with the same interest as previously held by the Massachusetts |
---|
2478 | 2478 | | 2346Growth Capital Corporation. All obligations and liabilities of said Massachusetts Growth Capital |
---|
2479 | 2479 | | 2347Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or |
---|
2480 | 2480 | | 2348commitment made by the Massachusetts Growth Capital Corporation with respect to any |
---|
2481 | 2481 | | 2349financing, including loans, bond issuances, guarantees and insurance and any other action made |
---|
2482 | 2482 | | 2350by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of |
---|
2483 | 2483 | | 2351the agency. |
---|
2484 | 2484 | | 2352 (m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have |
---|
2485 | 2485 | | 2353bonds or insurance or guarantee commitments outstanding and until its existence is terminated |
---|
2486 | 2486 | | 2354by law. Upon the termination of the existence of the agency, all right, title and interest in and to |
---|
2487 | 2487 | | 2355all of its assets and all of its obligations, duties, covenants and agreements shall vest in and be |
---|
2488 | 2488 | | 2356possessed, performed and assumed by the commonwealth. CORRECTED |
---|
2489 | 2489 | | 107 of 319 |
---|
2490 | 2490 | | 2357 (n) Any documentary materials or data made or received by any member or employee of |
---|
2491 | 2491 | | 2358the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets |
---|
2492 | 2492 | | 2359or commercial or financial information regarding the operation of any business conducted by an |
---|
2493 | 2493 | | 2360applicant for any form of assistance that the agency is authorized to render or regarding the |
---|
2494 | 2494 | | 2361competitive position of such applicant in a particular field of endeavor, shall not be deemed |
---|
2495 | 2495 | | 2362public records of the agency and shall not be subject to section 10 of chapter 66. Any discussion |
---|
2496 | 2496 | | 2363or consideration of such trade secrets or commercial or financial information may be held by the |
---|
2497 | 2497 | | 2364board in executive sessions but the purpose of any such executive session shall be set forth in the |
---|
2498 | 2498 | | 2365official minutes of the agency, and no business that is not directly related to such purpose shall |
---|
2499 | 2499 | | 2366be transacted nor shall any vote be taken during such executive session. |
---|
2500 | 2500 | | 2367 SECTION 56. Subsection (a) of section 3 of said chapter 23G, as so appearing, is hereby |
---|
2501 | 2501 | | 2368amended by striking out clause (34) and (35) and inserting in place thereof the following 10 |
---|
2502 | 2502 | | 2369clauses:- |
---|
2503 | 2503 | | 2370 (34) to make loans, including working capital and contract based loans, provide |
---|
2504 | 2504 | | 2371guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing |
---|
2505 | 2505 | | 2372devices for the operation of companies which have a principal place of business in the |
---|
2506 | 2506 | | 2373commonwealth including, but not limited to, loans to lending institutions under terms and |
---|
2507 | 2507 | | 2374conditions requiring the proceeds of such loans to be used by such lending institutions for the |
---|
2508 | 2508 | | 2375making of loans for the operation of companies; |
---|
2509 | 2509 | | 2376 (35) to contract or enter into agreements, licenses and easements, with municipalities, the |
---|
2510 | 2510 | | 2377federal government, any agency thereof or any other person or entity including, but not limited |
---|
2511 | 2511 | | 2378to, the commonwealth or any public agencies thereof, regional entities and utility companies, to CORRECTED |
---|
2512 | 2512 | | 108 of 319 |
---|
2513 | 2513 | | 2379provide utility services including, but not limited to, electricity, gas, cable television, broadband |
---|
2514 | 2514 | | 2380and telephone services and to acquire, construct, maintain and operate any such systems for |
---|
2515 | 2515 | | 2381utility services; |
---|
2516 | 2516 | | 2382 (36) to borrow money by the issuance of debt obligations whether tax exempt or taxable |
---|
2517 | 2517 | | 2383and secure such obligations by the pledge of its revenues or the revenues, mortgages and notes of |
---|
2518 | 2518 | | 2384others; provided, however, that the corporation shall not issue debt obligations pursuant to this |
---|
2519 | 2519 | | 2385clause if the principal amount of those debt obligations, when added to the principal amount of |
---|
2520 | 2520 | | 2386existing debt obligations issued by the corporation under this clause, excluding debt obligations |
---|
2521 | 2521 | | 2387previously refunded or to be refunded by the corporation, would exceed $30,000,000; |
---|
2522 | 2522 | | 2388 (37) to consent, subject to any contract with noteholders or bondholders, whenever it |
---|
2523 | 2523 | | 2389deems necessary or desirable to implement this chapter, to the modification, with respect to rate |
---|
2524 | 2524 | | 2390of interest, time of payment of an installment of principal or interest, or other terms, of a |
---|
2525 | 2525 | | 2391mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the |
---|
2526 | 2526 | | 2392agency is a party; |
---|
2527 | 2527 | | 2393 (38) to create, issue, buy and sell stock and other capital participation instruments, hold |
---|
2528 | 2528 | | 2394such stock and capital participation instruments and underwrite the creation of a capital market |
---|
2529 | 2529 | | 2395for these securities; |
---|
2530 | 2530 | | 2396 (39) to provide advisory services, technical assistance and training programs to small |
---|
2531 | 2531 | | 2397businesses as may be necessary or desirable to carry out this chapter; |
---|
2532 | 2532 | | 2398 (40) to create and issue shares that a person, firm or corporation may purchase; provided, |
---|
2533 | 2533 | | 2399however, that each share issued shall be in the form of non-voting common stock with each share CORRECTED |
---|
2534 | 2534 | | 109 of 319 |
---|
2535 | 2535 | | 2400having a par value of $10; provided, however, that the total value of the shares issued shall not |
---|
2536 | 2536 | | 2401exceed $25,000,000; |
---|
2537 | 2537 | | 2402 (41) to make loans or grants to, or otherwise finance or invest in, a business to further the |
---|
2538 | 2538 | | 2403purposes of this chapter; provided, however, that such loans or grants may be made to certified |
---|
2539 | 2539 | | 2404community development corporations or other community based nonprofit entities for the |
---|
2540 | 2540 | | 2405purpose of such corporations or entities providing financing to businesses; |
---|
2541 | 2541 | | 2406 (42) to provide loan guarantees to public or private entities for the purpose of causing |
---|
2542 | 2542 | | 2407such entities to provide financing to a business; and |
---|
2543 | 2543 | | 2408 (43) to require, by contract in a financing agreement, or otherwise, specific operational |
---|
2544 | 2544 | | 2409activities, financial actions or management changes, as conditions for the receipt of a loan, |
---|
2545 | 2545 | | 2410financing or investment by the corporation. |
---|
2546 | 2546 | | 2411 SECTION 57. Said subsection (a) of said section 3 of said chapter 23G is hereby further |
---|
2547 | 2547 | | 2412amended by inserting after clause (43), inserted by section 56, the following paragraph:- |
---|
2548 | 2548 | | 2413 No debt obligation issued under clause (36), no stock or capital participation instrument |
---|
2549 | 2549 | | 2414created under clause (38) and no share issued under clause (40) by the agency shall be or become |
---|
2550 | 2550 | | 2415an indebtedness or obligation of the commonwealth and shall be plainly stated on the face of |
---|
2551 | 2551 | | 2416each bond, capital participation instrument, share or other evidence of indebtedness that it does |
---|
2552 | 2552 | | 2417not constitute an indebtedness or obligation of the commonwealth and is payable solely from the |
---|
2553 | 2553 | | 2418revenues or income of the agency. |
---|
2554 | 2554 | | 2419 SECTION 58. Said chapter 23G is hereby further amended by adding the following 2 |
---|
2555 | 2555 | | 2420sections:- CORRECTED |
---|
2556 | 2556 | | 110 of 319 |
---|
2557 | 2557 | | 2421 Section 48. (a) There shall be within the agency a growth capital division to provide |
---|
2558 | 2558 | | 2422growth capital and other financial assistance to small businesses. |
---|
2559 | 2559 | | 2423 (b) The agency may participate in projects to provide capital or increase or improve the |
---|
2560 | 2560 | | 2424availability of capital; provided, however, that before such participation, the agency shall find |
---|
2561 | 2561 | | 2425and incorporate in the official records of the corporation that the project is reasonably expected |
---|
2562 | 2562 | | 2426to: (i) support or promote economic development, revitalization or stability; (ii) promote |
---|
2563 | 2563 | | 2427employment opportunities for residents; (iii) promote the creation or retention of jobs; or (iv) |
---|
2564 | 2564 | | 2428support the creation or expansion of a business sector whose success would enhance the |
---|
2565 | 2565 | | 2429economic development of the commonwealth, quality of life of residents or employment |
---|
2566 | 2566 | | 2430opportunities for residents. |
---|
2567 | 2567 | | 2431 The agency shall not participate in a project unless it determines, in writing, that its |
---|
2568 | 2568 | | 2432participation is necessary because without such participation adequate funding for the project |
---|
2569 | 2569 | | 2433would not be available or would be offered on terms that would preclude the success of the |
---|
2570 | 2570 | | 2434project. The agency shall prioritize participation in projects that enhance the quality of life of a |
---|
2571 | 2571 | | 2435target area as defined in section 2 of chapter 40H or enhance the quality of life and promote |
---|
2572 | 2572 | | 2436employment opportunities for low- and moderate-income residents of the commonwealth. If a |
---|
2573 | 2573 | | 2437certified community development corporation requests that the agency participate in a project, |
---|
2574 | 2574 | | 2438the agency shall make a determination of whether the project is likely to provide employment |
---|
2575 | 2575 | | 2439opportunities to or enhance the quality of life of low- and moderate-income residents of the |
---|
2576 | 2576 | | 2440commonwealth, or whether the project supports the creation or expansion of the business sector |
---|
2577 | 2577 | | 2441in the region served by the CDC. CORRECTED |
---|
2578 | 2578 | | 111 of 319 |
---|
2579 | 2579 | | 2442 (c) The agency may participate in projects to provide capital or increase or improve the |
---|
2580 | 2580 | | 2443availability of capital available to minority-owned or women-owned contractors. The agency |
---|
2581 | 2581 | | 2444shall not participate in a project unless it determines, in writing, that its participation is necessary |
---|
2582 | 2582 | | 2445because without such participation adequate funding for the project would not be available or |
---|
2583 | 2583 | | 2446would be offered on terms that would preclude the success of the project. The agency shall |
---|
2584 | 2584 | | 2447endeavor to participate in projects each year that promote the equitable growth of minority- |
---|
2585 | 2585 | | 2448owned or women-owned businesses. |
---|
2586 | 2586 | | 2449 (d) The agency may establish or invest in the capital stock of any corporation organized |
---|
2587 | 2587 | | 2450to increase capital available to small businesses or to engage local residents and businesses to |
---|
2588 | 2588 | | 2451work together to undertake programs, projects and activities that develop and improve urban, |
---|
2589 | 2589 | | 2452rural and suburban communities by creating and expanding economic opportunities for low- and |
---|
2590 | 2590 | | 2453moderate-income people. Without limitation, any such corporation may: (i) serve as a financial |
---|
2591 | 2591 | | 2454intermediary between entities undertaking projects and small businesses and public or private |
---|
2592 | 2592 | | 2455sources of capital including, but not limited to, direct lenders, guarantors or grant makers; and |
---|
2593 | 2593 | | 2456(ii) provide financial and managerial consulting services to entities undertaking projects, small |
---|
2594 | 2594 | | 2457businesses and minority-owned or women-owned contractors. Any corporation so organized may |
---|
2595 | 2595 | | 2458accomplish its purposes by means of investing in the equity capital of, making grants to, making |
---|
2596 | 2596 | | 2459loans to or issuing loan guarantees to entities undertaking projects or to small businesses. The |
---|
2597 | 2597 | | 2460agency may have a controlling or a minority interest in such a corporation, as the directors of the |
---|
2598 | 2598 | | 2461agency shall determine; provided, however, that at least 1 director of the agency shall sit on the |
---|
2599 | 2599 | | 2462board of directors of the corporation. |
---|
2600 | 2600 | | 2463 (e) Before making an investment in the equity capital of, making grants to, making loans |
---|
2601 | 2601 | | 2464to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation CORRECTED |
---|
2602 | 2602 | | 112 of 319 |
---|
2603 | 2603 | | 2465established or in which the agency has invested under subsection (d) shall make the following |
---|
2604 | 2604 | | 2466findings: |
---|
2605 | 2605 | | 2467 (i) such action is consistent with the objectives of this section and may reasonably be |
---|
2606 | 2606 | | 2468expected to contribute to the redevelopment and economic well-being of the commonwealth, will |
---|
2607 | 2607 | | 2469create or retain jobs or will assist minority- or women-owned businesses; |
---|
2608 | 2608 | | 2470 (ii) the funds provided by the agency will be used solely in connection with the costs of |
---|
2609 | 2609 | | 2471the project or the operation of the small business; |
---|
2610 | 2610 | | 2472 (iii) the contract for participation in a project requires: (A) adequate reporting of financial |
---|
2611 | 2611 | | 2473data from the small business or project to the corporation; (B) that a business receiving financial |
---|
2612 | 2612 | | 2474products shall participate in financial and managerial consulting services; and (C) an annual or |
---|
2613 | 2613 | | 2475other periodic audit of the books of the project or the small business; and |
---|
2614 | 2614 | | 2476 (iv) the corporation’s participation is necessary to the successful completion of the |
---|
2615 | 2615 | | 2477proposed project or to the success of the small business because funding for the project or small |
---|
2616 | 2616 | | 2478business is unavailable in the traditional capital markets or that credit has been offered on terms |
---|
2617 | 2617 | | 2479that would preclude the success of the project or the small business. |
---|
2618 | 2618 | | 2480 If the agency desires to sell or otherwise dispose of stock received under a contract under |
---|
2619 | 2619 | | 2481this section, the small business or entity undertaking a project, or the small business or entity’s |
---|
2620 | 2620 | | 2482nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to |
---|
2621 | 2621 | | 2483meet a subsequent bona fide offer by a third party. The agency shall not, individually or in |
---|
2622 | 2622 | | 2484combination with a corporation established or invested in by the agency under this section, own |
---|
2623 | 2623 | | 2485more than 49 per cent of the voting stock in a small business. Upon the request of the agency, the |
---|
2624 | 2624 | | 2486commissioner of banks shall examine the books of a corporation established or invested in by the CORRECTED |
---|
2625 | 2625 | | 113 of 319 |
---|
2626 | 2626 | | 2487agency under this section, if such examination is a condition of the particular investment, |
---|
2627 | 2627 | | 2488lending, loan guaranty or grant program administered by such corporation. |
---|
2628 | 2628 | | 2489 (f) The agency shall establish a program to support the provision of financial and |
---|
2629 | 2629 | | 2490managerial consulting and technical assistance to eligible companies that receive financial |
---|
2630 | 2630 | | 2491assistance from the commonwealth or any public authorities thereof. Services that may be |
---|
2631 | 2631 | | 2492supported shall include, but not be limited to, procurement of investment capital, management, |
---|
2632 | 2632 | | 2493administration, production, product marketing, assisting business in securing federal contracts |
---|
2633 | 2633 | | 2494and business expansion, renovation and diversification. The program may include: (i) referrals to |
---|
2634 | 2634 | | 2495technical assistance provided without charge to eligible companies by public and private small |
---|
2635 | 2635 | | 2496business support organizations; (ii) financial support to engage private consultants; and (iii) a |
---|
2636 | 2636 | | 2497directory of organizations, experts and consultants available to be engaged to offer financial or |
---|
2637 | 2637 | | 2498managerial consulting services. The agency shall coordinate the program with the United State |
---|
2638 | 2638 | | 2499Small Business Administration, the Massachusetts Small Business Development Center Network |
---|
2639 | 2639 | | 2500and other private for profit and nonprofit providers of consulting and technical assistance to |
---|
2640 | 2640 | | 2501small businesses. |
---|
2641 | 2641 | | 2502 (g) The agency may provide matching grants to fund consulting and technical assistance |
---|
2642 | 2642 | | 2503to small businesses who receive financial assistance from the commonwealth or any of the |
---|
2643 | 2643 | | 2504commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay |
---|
2644 | 2644 | | 2505for mandated small business consulting and technical assistance services. Prior to awarding a |
---|
2645 | 2645 | | 2506grant, the agency shall have determined that the financial or managerial consulting services |
---|
2646 | 2646 | | 2507mandated as a condition of financial support of the small business are not available without |
---|
2647 | 2647 | | 2508charge from an entity participating in the program and that procuring such services creates a CORRECTED |
---|
2648 | 2648 | | 114 of 319 |
---|
2649 | 2649 | | 2509hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this |
---|
2650 | 2650 | | 2510subsection shall require a 100 per cent match by the recipient. |
---|
2651 | 2651 | | 2511 (h) The agency may disburse loans and grants to low- and moderate-income |
---|
2652 | 2652 | | 2512entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth, |
---|
2653 | 2653 | | 2513in consultation with the micro business development center established by section 69 of chapter |
---|
2654 | 2654 | | 251423A. |
---|
2655 | 2655 | | 2515 Section 49. (a) The agency may establish and administer an economic stabilization |
---|
2656 | 2656 | | 2516program to provide flexible, high-risk financing: |
---|
2657 | 2657 | | 2517 (i) necessary to implement a change of ownership, corporate restructuring or turnaround |
---|
2658 | 2658 | | 2518plan for economically viable but troubled businesses that face the likelihood of a large |
---|
2659 | 2659 | | 2519employment loss in the commonwealth, closure of a plant located in the commonwealth or |
---|
2660 | 2660 | | 2520failure without such a change of ownership, corporate restructuring or turnaround plan; provided, |
---|
2661 | 2661 | | 2521however, that the program shall provide assistance to firms in specific mature industries for the |
---|
2662 | 2662 | | 2522purpose of technological investment or upgrading of management operations in order for the |
---|
2663 | 2663 | | 2523business to maintain future economic stability; and provided further, that the financial |
---|
2664 | 2664 | | 2524participation of the agency shall aim to supplement private financial institutions and public |
---|
2665 | 2665 | | 2525economic development agencies when such institutions are unable to provide all the financing or |
---|
2666 | 2666 | | 2526bear all of the risk necessary to transfer ownership, restructure or turnaround a business where |
---|
2667 | 2667 | | 2527the business might otherwise fail, experience closure of a plant located in the commonwealth or |
---|
2668 | 2668 | | 2528greatly reduce its employment in the commonwealth; and |
---|
2669 | 2669 | | 2529 (ii) in connection with starting up employee-owned businesses or the implementation of |
---|
2670 | 2670 | | 2530employee-ownership projects; provided, however, that the financial participation of the agency CORRECTED |
---|
2671 | 2671 | | 115 of 319 |
---|
2672 | 2672 | | 2531shall aim to supplement private financial institutions and public economic development agencies |
---|
2673 | 2673 | | 2532when such institutions are unable to provide all the financing or bear all of the risk necessary to |
---|
2674 | 2674 | | 2533starting up an employee-owned business or implement an employee-ownership project. |
---|
2675 | 2675 | | 2534 (b) Before providing assistance in connection with the purchase of a troubled business |
---|
2676 | 2676 | | 2535pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in |
---|
2677 | 2677 | | 2536the minutes of a meeting of the directors that the business: |
---|
2678 | 2678 | | 2537 (i) is likely to experience a large loss of employment in the commonwealth, closure of a |
---|
2679 | 2679 | | 2538plant located in the commonwealth or failure without a loan, financing or investment by the |
---|
2680 | 2680 | | 2539agency; |
---|
2681 | 2681 | | 2540 (ii) within a specific mature industry, requires assistance to technological investment or |
---|
2682 | 2682 | | 2541upgrading of management operations for the business to maintain future economic stability; |
---|
2683 | 2683 | | 2542 (iii) or person seeking to purchase the troubled business has taken or shall take such |
---|
2684 | 2684 | | 2543actions as the directors deem necessary to ensure the business has a reasonable chance to |
---|
2685 | 2685 | | 2544continue as a successful business including, but not limited to, changes in its operations, |
---|
2686 | 2686 | | 2545financing or management, and that the actions are included as a condition for financing by the |
---|
2687 | 2687 | | 2546agency in the financing agreement; and |
---|
2688 | 2688 | | 2547 (iv) or person seeking to purchase the troubled business has made diligent efforts to |
---|
2689 | 2689 | | 2548obtain the financing necessary to continue its operations or transfer ownership of the business |
---|
2690 | 2690 | | 2549from private financial institutions and public economic development agencies and such financing |
---|
2691 | 2691 | | 2550is unavailable or has been offered on terms that would prevent the successful continuation or |
---|
2692 | 2692 | | 2551change in ownership of the business. CORRECTED |
---|
2693 | 2693 | | 116 of 319 |
---|
2694 | 2694 | | 2552 (c) When providing assistance in connection with starting up an employee-owned |
---|
2695 | 2695 | | 2553business or implementation of an employee-ownership project pursuant to clause (ii) of |
---|
2696 | 2696 | | 2554subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the |
---|
2697 | 2697 | | 2555directors that the business: |
---|
2698 | 2698 | | 2556 (i) or person seeking assistance has taken or shall take such actions as the directors deem |
---|
2699 | 2699 | | 2557necessary to ensure that the employee-owned business or employee-ownership project has a |
---|
2700 | 2700 | | 2558reasonable chance to succeed; and |
---|
2701 | 2701 | | 2559 (ii) except with respect to assistance for pre-feasibility and feasibility studies, has made |
---|
2702 | 2702 | | 2560diligent efforts to obtain the financing necessary to institute or implement the employee- |
---|
2703 | 2703 | | 2561ownership project from private financial institutions and public economic development agencies |
---|
2704 | 2704 | | 2562and such financing is unavailable or has been offered on terms that would prevent the successful |
---|
2705 | 2705 | | 2563institution or implementation of the employee-owned business or employee-ownership project. |
---|
2706 | 2706 | | 2564 (d) The agency shall seek to direct not less than 10 percent of the financing provided by |
---|
2707 | 2707 | | 2565the economic stabilization program to businesses that are employee-owned businesses to meet |
---|
2708 | 2708 | | 2566the purposes of this section. |
---|
2709 | 2709 | | 2567 SECTION 59. Chapter 23I of the General Laws is hereby amended by striking out |
---|
2710 | 2710 | | 2568section 1, as appearing in the 2022 Official Edition, and inserting in place thereof the following |
---|
2711 | 2711 | | 2569section:- |
---|
2712 | 2712 | | 2570 Section 1. The general court finds and declares that: CORRECTED |
---|
2713 | 2713 | | 117 of 319 |
---|
2714 | 2714 | | 2571 (1) research in the life sciences and regenerative and preventative medicine presents a |
---|
2715 | 2715 | | 2572significant opportunity of yielding fundamental biological knowledge from which may emanate |
---|
2716 | 2716 | | 2573therapies to relieve, on a large scale, human suffering from disease and injury; |
---|
2717 | 2717 | | 2574 (2) the extraordinary biomedical scientists working within institutions of higher |
---|
2718 | 2718 | | 2575education, research institutes, hospitals and life sciences companies can contribute significantly |
---|
2719 | 2719 | | 2576to the welfare of mankind by performing outstanding research in these fields; |
---|
2720 | 2720 | | 2577 (3) promoting the health of residents of the commonwealth is a fundamental purpose of |
---|
2721 | 2721 | | 2578state government; |
---|
2722 | 2722 | | 2579 (4) promoting life sciences research to foster the development of the next generation of |
---|
2723 | 2723 | | 2580health-related innovations, to enhance the competitive position of the commonwealth in this vital |
---|
2724 | 2724 | | 2581sector of the economy and to improve the quality and delivery of health care for the people of the |
---|
2725 | 2725 | | 2582commonwealth is a clear public purpose and governmental function; |
---|
2726 | 2726 | | 2583 (5) public support for, and promotion of, the life sciences will benefit the commonwealth |
---|
2727 | 2727 | | 2584and its residents through improved health status and health outcomes, economic development |
---|
2728 | 2728 | | 2585and contributions to scientific knowledge, and such research will lead to breakthroughs and |
---|
2729 | 2729 | | 2586improvements that might not otherwise be discovered due to the lack of existing market |
---|
2730 | 2730 | | 2587incentives, especially in the area of regenerative and preventative medicine, such as stem cell |
---|
2731 | 2731 | | 2588research; |
---|
2732 | 2732 | | 2589 (6) public support for, and promotion of, life sciences research has the potential to |
---|
2733 | 2733 | | 2590provide cures or new treatments for many debilitating diseases that cause tremendous human |
---|
2734 | 2734 | | 2591suffering and cost the commonwealth millions of dollars each year; CORRECTED |
---|
2735 | 2735 | | 118 of 319 |
---|
2736 | 2736 | | 2592 (7) it is imperative for the purposes of the commonwealth’s competitiveness to invest in |
---|
2737 | 2737 | | 2593life sciences research, biotechnology, nanotechnology, bio-security and health-related artificial |
---|
2738 | 2738 | | 2594intelligence to leverage revenues and to encourage cooperation and innovation among public and |
---|
2739 | 2739 | | 2595private institutions involved in life sciences research and related applications; |
---|
2740 | 2740 | | 2596 (8) the purpose of this chapter is to continue the establishment of the Massachusetts Life |
---|
2741 | 2741 | | 2597Sciences Center, to grant that center the power to contract with other entities to receive other |
---|
2742 | 2742 | | 2598funds and to disburse those funds consistent with the purpose of this chapter; |
---|
2743 | 2743 | | 2599 (9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available |
---|
2744 | 2744 | | 2600research in life sciences disciplines through diverse institutions and to build upon existing |
---|
2745 | 2745 | | 2601strengths in the area of biosciences in order to spread the economic benefits across the |
---|
2746 | 2746 | | 2602commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the |
---|
2747 | 2747 | | 2603world; and |
---|
2748 | 2748 | | 2604 (10) the investments of the Massachusetts Life Sciences Center are intended to support |
---|
2749 | 2749 | | 2605future statewide, comprehensive strategies to lead the nation in life sciences-related research, |
---|
2750 | 2750 | | 2606innovations and employment. |
---|
2751 | 2751 | | 2607 SECTION 60. Section 2 of said chapter 23I, as so appearing n, is hereby amended by |
---|
2752 | 2752 | | 2608inserting after the definition of “Equity investment” the following definition:- |
---|
2753 | 2753 | | 2609 “Health equity”, addressing the preventable disproportion and differences in the burden |
---|
2754 | 2754 | | 2610of disease, experienced by populations that have been disadvantaged by their social or economic |
---|
2755 | 2755 | | 2611status, geographic location or environment. CORRECTED |
---|
2756 | 2756 | | 119 of 319 |
---|
2757 | 2757 | | 2612 SECTION 61. Said section 2 of said chapter 23I, as so appearing, is hereby further |
---|
2758 | 2758 | | 2613amended by striking out the definition of “Life sciences” and inserting in place thereof the |
---|
2759 | 2759 | | 2614following definition:- |
---|
2760 | 2760 | | 2615 “Life sciences”, advanced and applied sciences that expand the understanding of human |
---|
2761 | 2761 | | 2616physiology and have the potential to lead to medical advances or therapeutic applications, |
---|
2762 | 2762 | | 2617including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical |
---|
2763 | 2763 | | 2618engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial |
---|
2764 | 2764 | | 2619intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, |
---|
2765 | 2765 | | 2620marine biology, marine technology, medical technology, medical devices, nanotechnology, |
---|
2766 | 2766 | | 2621natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA |
---|
2767 | 2767 | | 2622interference, stem cell research and veterinary science. |
---|
2768 | 2768 | | 2623 SECTION 62. Section 3 of said chapter 23I, as amended by section 133 of chapter 7 of |
---|
2769 | 2769 | | 2624the acts of 2023, is hereby further amended by striking out subsection (b) and inserting in place |
---|
2770 | 2770 | | 2625thereof the following subsection:- |
---|
2771 | 2771 | | 2626 (b)(1) The center shall be governed and its corporate powers exercised by a board of |
---|
2772 | 2772 | | 2627directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance |
---|
2773 | 2773 | | 2628or their designee; 1 of whom shall be the secretary of economic development or their designee; 1 |
---|
2774 | 2774 | | 2629of whom shall be the president of the University of Massachusetts or their designee; and 6 of |
---|
2775 | 2775 | | 2630whom shall be appointed by the governor, 1 of whom shall be a chief executive officer of a |
---|
2776 | 2776 | | 2631Massachusetts-based life sciences corporation that is a member of the board of directors of the |
---|
2777 | 2777 | | 2632Massachusetts Biotechnology Council, 1 of whom shall be a researcher involved in the |
---|
2778 | 2778 | | 2633commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic CORRECTED |
---|
2779 | 2779 | | 120 of 319 |
---|
2780 | 2780 | | 2634products, 1 of whom shall have significant experience in the medical device sector and shall be a |
---|
2781 | 2781 | | 2635member of the Massachusetts Medical Device Industry Council board of directors, 1 of whom |
---|
2782 | 2782 | | 2636shall have significant experience in the health equity subsector of the life sciences sector, 1 of |
---|
2783 | 2783 | | 2637whom shall have significant experience in the digital health subsector of the life sciences sector |
---|
2784 | 2784 | | 2638and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital |
---|
2785 | 2785 | | 2639Association, Inc. |
---|
2786 | 2786 | | 2640 (2) Each appointed member shall serve a term of 5 years; provided, however, that in |
---|
2787 | 2787 | | 2641making initial appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 |
---|
2788 | 2788 | | 2642director to serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to |
---|
2789 | 2789 | | 2643serve for a term of 4 years. The secretary of administration and finance and the secretary of |
---|
2790 | 2790 | | 2644economic development, or their designees, shall serve as co-chairs of the board. Any person |
---|
2791 | 2791 | | 2645appointed to fill a vacancy in the office of an appointed director of the board shall be appointed |
---|
2792 | 2792 | | 2646in a like manner and shall serve for only the unexpired term of such director. Any director shall |
---|
2793 | 2793 | | 2647be eligible for reappointment. Any director may be removed from their appointment by the |
---|
2794 | 2794 | | 2648governor for cause. |
---|
2795 | 2795 | | 2649 SECTION 63. Said section 3 of said chapter 23I is hereby further amended by striking |
---|
2796 | 2796 | | 2650out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place |
---|
2797 | 2797 | | 2651thereof the following word:- Six. |
---|
2798 | 2798 | | 2652 SECTION 64. Said section 3 of said chapter 23I is hereby further amended by inserting |
---|
2799 | 2799 | | 2653after the word “center”, in line 71, as so appearing, the following words:- ; provided, however, |
---|
2800 | 2800 | | 2654that the president may, in the president’s discretion, elect to appoint and employ a chief |
---|
2801 | 2801 | | 2655administrative and operational officer. CORRECTED |
---|
2802 | 2802 | | 121 of 319 |
---|
2803 | 2803 | | 2656 SECTION 65. Section 4 of said chapter 23I is hereby amended by striking out the word |
---|
2804 | 2804 | | 2657“Investment”, in line 64, as so appearing, and inserting in place thereof the following word:- |
---|
2805 | 2805 | | 2658Breakthrough. |
---|
2806 | 2806 | | 2659 SECTION 66. Subsection (a) of said section 4 of said chapter 23I, as amended by section |
---|
2807 | 2807 | | 2660134 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (23) the |
---|
2808 | 2808 | | 2661following clause:- |
---|
2809 | 2809 | | 2662 (23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of |
---|
2810 | 2810 | | 2663higher education, nonprofit organizations, other public or quasi-public entities in the |
---|
2811 | 2811 | | 2664commonwealth and certified life sciences companies; provided, that eligible grantees shall |
---|
2812 | 2812 | | 2665include private businesses; provided further, that grants shall be awarded and administered |
---|
2813 | 2813 | | 2666consistent with the strategic goals and priorities of the center; provided further, that grants |
---|
2814 | 2814 | | 2667administered for the purchase of equipment to be owned by, leased to or located within the |
---|
2815 | 2815 | | 2668premises of a private business shall be administered in support of a partnership with an |
---|
2816 | 2816 | | 2669institution of higher education or nonprofit corporation with a mission of supporting the life |
---|
2817 | 2817 | | 2670sciences in the commonwealth; provided further, that a private university or business entity shall |
---|
2818 | 2818 | | 2671not be eligible for a grant unless the center determines that a grant to such university or entity |
---|
2819 | 2819 | | 2672will result in a significant public benefit and any private benefit is incidental to a legitimate |
---|
2820 | 2820 | | 2673public purpose; and provided further, that grants shall be administered in a manner that promotes |
---|
2821 | 2821 | | 2674geographic, social, racial and economic equity;. |
---|
2822 | 2822 | | 2675 SECTION 67. Said section 4 of said chapter 23I is hereby further amended by striking |
---|
2823 | 2823 | | 2676out the word “Investment”, in line 159, as appearing in the 2022 Official Edition, and inserting in |
---|
2824 | 2824 | | 2677place thereof the following word:- Breakthrough. CORRECTED |
---|
2825 | 2825 | | 122 of 319 |
---|
2826 | 2826 | | 2678 SECTION 68. Said subsection (a) of said section 4 of said chapter 23I, as amended by |
---|
2827 | 2827 | | 2679section 134 of chapter 7 of the acts of 2023, is hereby further amended by striking out clauses |
---|
2828 | 2828 | | 2680(31) and (32) and inserting in place thereof the following 3 clauses:- |
---|
2829 | 2829 | | 2681 (31) to track and report to the general court on federal initiatives that have an impact on |
---|
2830 | 2830 | | 2682life sciences companies doing business in the commonwealth; |
---|
2831 | 2831 | | 2683 (32) to create award programs to acknowledge successful companies, public and private |
---|
2832 | 2832 | | 2684institutions and programs in industry-specific areas, as determined by the center; and |
---|
2833 | 2833 | | 2685 (33) to convene an advisory board as may be necessary in its judgment to carry out the |
---|
2834 | 2834 | | 2686purposes of this chapter. |
---|
2835 | 2835 | | 2687 SECTION 69. Subsection (c) of section 5 of said chapter 23I, as appearing in the 2022 |
---|
2836 | 2836 | | 2688Official Edition, is hereby amended by striking out, in line 64, the word “Investment” and |
---|
2837 | 2837 | | 2689inserting in place thereof the following word:- Breakthrough. |
---|
2838 | 2838 | | 2690 SECTION 70. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is |
---|
2839 | 2839 | | 2691hereby amended by striking out, in line 92, the figure “$30,000,000” and inserting in place |
---|
2840 | 2840 | | 2692thereof the following figure:- $40,000,000. |
---|
2841 | 2841 | | 2693 SECTION 71. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is |
---|
2842 | 2842 | | 2694hereby amended by striking out, in line 107, the figure “5” and inserting in place thereof the |
---|
2843 | 2843 | | 2695following figure:- 3. |
---|
2844 | 2844 | | 2696 SECTION 72. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is |
---|
2845 | 2845 | | 2697hereby further amended by striking out, in line 120, the word “shall” and inserting in place |
---|
2846 | 2846 | | 2698thereof the following word:- may. CORRECTED |
---|
2847 | 2847 | | 123 of 319 |
---|
2848 | 2848 | | 2699 SECTION 73. Said chapter 23I is hereby further amended by striking out section 6, as so |
---|
2849 | 2849 | | 2700appearing, and inserting in place thereof the following section:- |
---|
2850 | 2850 | | 2701 Section 6. (a) There shall be established and placed within the center a fund to be known |
---|
2851 | 2851 | | 2702as the Massachusetts Life Sciences Breakthrough Fund to finance the activities of the center. The |
---|
2852 | 2852 | | 2703fund shall be credited with: (i) any appropriations or other money authorized by the general court |
---|
2853 | 2853 | | 2704and specifically designated to be credited thereto; (ii) additional funds subject to the direction |
---|
2854 | 2854 | | 2705and control of the center; (iii) pension funds; (iv) federal grants or loans; (v) royalties or private |
---|
2855 | 2855 | | 2706investment capital which may properly be applied in furtherance of the objectives of the fund; |
---|
2856 | 2856 | | 2707(vi) any proceeds from the sale of qualified investments secured or held by the fund; (vii) fees |
---|
2857 | 2857 | | 2708and charges imposed relative to the making of qualified investments as defined by the center, |
---|
2858 | 2858 | | 2709secured or held by the fund; and (viii) any other money which may be available to the center for |
---|
2859 | 2859 | | 2710the purposes of the fund from any other source. Any funds deposited in the fund shall be |
---|
2860 | 2860 | | 2711available to the center for the purposes described in this section without further appropriation. |
---|
2861 | 2861 | | 2712All available money in the fund that is unexpended at the end of each fiscal year shall not revert |
---|
2862 | 2862 | | 2713to the General Fund and shall be made available for expenditure in the subsequent fiscal year. |
---|
2863 | 2863 | | 2714 (b) The center shall invest and reinvest the fund and the income thereof only as follows: |
---|
2864 | 2864 | | 2715 (i) making qualified investments pursuant to subsection (c); |
---|
2865 | 2865 | | 2716 (ii) defraying the ordinary and necessary expenses of administration and operation |
---|
2866 | 2866 | | 2717associated with the center; provided, however, that said administrative and operational expenses |
---|
2867 | 2867 | | 2718shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in |
---|
2868 | 2868 | | 2719a fiscal year; CORRECTED |
---|
2869 | 2869 | | 124 of 319 |
---|
2870 | 2870 | | 2720 (iii) investing any funds not required for immediate disbursement in the purchase of such |
---|
2871 | 2871 | | 2721securities as may be lawful investments for fiduciaries in the commonwealth; |
---|
2872 | 2872 | | 2722 (iv) paying binding obligations associated with such qualified investments which shall be |
---|
2873 | 2873 | | 2723secured by the fund as the same become payable; or |
---|
2874 | 2874 | | 2724 (v) paying principal or interest on qualified investments secured by the fund or paying |
---|
2875 | 2875 | | 2725any redemption premium required to be paid when such qualified investments shall be redeemed |
---|
2876 | 2876 | | 2726prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time |
---|
2877 | 2877 | | 2727in such an amount as would reduce the amount of the fund to less than the minimum requirement |
---|
2878 | 2878 | | 2728thereof established by the board, except for the purpose of paying binding obligations associated |
---|
2879 | 2879 | | 2729with qualified investments which shall be secured by the fund as the same become payable. |
---|
2880 | 2880 | | 2730 (c) The fund shall be held and applied by the center, subject to the approval of the board, |
---|
2881 | 2881 | | 2731to make qualified investments, grants, research and other funding and loans designed to advance |
---|
2882 | 2882 | | 2732the following public purposes for the life sciences in the commonwealth: |
---|
2883 | 2883 | | 2733 (i) to stimulate increased financing for the expansion of research and development by |
---|
2884 | 2884 | | 2734leveraging private financing for highly productive state-of-the-art research and development |
---|
2885 | 2885 | | 2735facilities, equipment and instrumentation and by providing financing related thereto, including, |
---|
2886 | 2886 | | 2736but not limited to, financing for the construction or expansion of such new facilities; |
---|
2887 | 2887 | | 2737 (ii) to make targeted investments, including, but not limited to, research funding, proof of |
---|
2888 | 2888 | | 2738concept funding and funding for the development of devices, drugs or therapeutics and to |
---|
2889 | 2889 | | 2739promote manufacturing activities for new or existing advanced technologies and life sciences |
---|
2890 | 2890 | | 2740research; provided, that funding provided for the purchase of equipment to be owned by, leased |
---|
2891 | 2891 | | 2741to or located within the premises of a private businesses shall be made in support of a partnership CORRECTED |
---|
2892 | 2892 | | 125 of 319 |
---|
2893 | 2893 | | 2742with an institution of higher education or nonprofit corporation with a mission of supporting the |
---|
2894 | 2894 | | 2743life sciences in the commonwealth; provided further, that a private university or business entity |
---|
2895 | 2895 | | 2744shall not be eligible for funding unless the center determines that such funding will result in a |
---|
2896 | 2896 | | 2745significant public benefit and any private benefit is incidental to a legitimate public purpose; and |
---|
2897 | 2897 | | 2746provided further, that grants shall be awarded in a manner that promotes geographic, social, |
---|
2898 | 2898 | | 2747racial and economic equity; |
---|
2899 | 2899 | | 2748 (iii) to make matching grants to colleges, universities, independent research institutions, |
---|
2900 | 2900 | | 2749nonprofit entities, public instrumentalities, companies and other entities in connection with |
---|
2901 | 2901 | | 2750support from the federal government, industry and other grant-funding sources related to the |
---|
2902 | 2902 | | 2751expansion of research and development and to increase and strengthen economic development, |
---|
2903 | 2903 | | 2752employment opportunities and commercial and industrial sectors in the field of life sciences; |
---|
2904 | 2904 | | 2753 (iv) to provide bridge financing to colleges, universities, independent research |
---|
2905 | 2905 | | 2754institutions, nonprofit entities, public instrumentalities, companies and other entities for the |
---|
2906 | 2906 | | 2755receipt of grants as described in clause (iii) awarded or to be awarded by the federal government, |
---|
2907 | 2907 | | 2756industry or other sources; |
---|
2908 | 2908 | | 2757 (v) to provide fellowships, co-ops, high school internships, for which additional |
---|
2909 | 2909 | | 2758consideration shall be given to minority students at schools where at least 80 per cent of the |
---|
2910 | 2910 | | 2759student population is eligible for free or reduced lunch, college internships, for which additional |
---|
2911 | 2911 | | 2760consideration shall be given to minority students enrolled full-time or part-time at a community |
---|
2912 | 2912 | | 2761college, loans and grants; |
---|
2913 | 2913 | | 2762 (vi) to provide workforce training grants to prepare individuals for life sciences careers; CORRECTED |
---|
2914 | 2914 | | 126 of 319 |
---|
2915 | 2915 | | 2763 (vii) to provide funding for development, coordination and marketing of higher education |
---|
2916 | 2916 | | 2764programs; and |
---|
2917 | 2917 | | 2765 (viii) to make qualified grants to certified life sciences companies for site remediation, |
---|
2918 | 2918 | | 2766preparation and ancillary infrastructure improvement projects. |
---|
2919 | 2919 | | 2767 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives, |
---|
2920 | 2920 | | 2768including, but not limited to: |
---|
2921 | 2921 | | 2769 (i) international trade initiatives; |
---|
2922 | 2922 | | 2770 (ii) qualified grants and equity investments to further workforce development and |
---|
2923 | 2923 | | 2771education in the life sciences and to promote a diverse life sciences workforce in the |
---|
2924 | 2924 | | 2772commonwealth; |
---|
2925 | 2925 | | 2773 (iii) activities that facilitate the transfer of technology from the commonwealth’s research |
---|
2926 | 2926 | | 2774institutions to the commonwealth’s life science industries for productive use by such industries |
---|
2927 | 2927 | | 2775and to make targeted investments in proof of concept funding for emerging technologies; |
---|
2928 | 2928 | | 2776 (iv) a program to promote the research and development of plant-made pharmaceuticals |
---|
2929 | 2929 | | 2777and industrial products through field trials, in collaboration with the department of agricultural |
---|
2930 | 2930 | | 2778resources; |
---|
2931 | 2931 | | 2779 (v) initiatives to promote the research, development, adoption and productive application |
---|
2932 | 2932 | | 2780of artificial intelligence within the commonwealth’s life science industries; |
---|
2933 | 2933 | | 2781 (vi) initiatives to promote health equity, including programs that help identify and |
---|
2934 | 2934 | | 2782address preventable disproportion and differences in the burden of disease or opportunities to CORRECTED |
---|
2935 | 2935 | | 127 of 319 |
---|
2936 | 2936 | | 2783achieve optimal health, experienced by populations that have been disadvantaged by their social |
---|
2937 | 2937 | | 2784or economic status, geographic location or environment; |
---|
2938 | 2938 | | 2785 (vii) initiatives to promote the efficient collection, storage and sharing of biological |
---|
2939 | 2939 | | 2786samples and health information to assist with research and development of new treatments for |
---|
2940 | 2940 | | 2787disease or otherwise improve patient outcomes; |
---|
2941 | 2941 | | 2788 (viii) initiatives to promote biomanufacturing and supply chain resiliency in the life |
---|
2942 | 2942 | | 2789sciences in the commonwealth; |
---|
2943 | 2943 | | 2790 (ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and |
---|
2944 | 2944 | | 2791 (x) a program to make qualified equity investments in early-stage life sciences companies |
---|
2945 | 2945 | | 2792and enterprises seeking to raise seed capital; provided, however, that qualified equity |
---|
2946 | 2946 | | 2793investments shall not exceed $250,000 in any 1 enterprise; and provided further, that the center |
---|
2947 | 2947 | | 2794shall not make such qualified equity investments unless the investment has been approved by a |
---|
2948 | 2948 | | 2795majority vote of the board, the recipient is a life sciences company certified pursuant to section 5 |
---|
2949 | 2949 | | 2796and the center finds, to the extent possible, that a definite benefit to the commonwealth’s |
---|
2950 | 2950 | | 2797economy may reasonably be expected from the qualified investment. In evaluating a request or |
---|
2951 | 2951 | | 2798application for a qualified equity investment, the center shall consider whether: |
---|
2952 | 2952 | | 2799 (A) the proceeds of the equity investment shall only be used to cover the seed capital |
---|
2953 | 2953 | | 2800needs of the enterprise except as hereinafter authorized; |
---|
2954 | 2954 | | 2801 (B) the enterprise has a reasonable chance of success; |
---|
2955 | 2955 | | 2802 (C) the center’s participation is necessary to the success of the enterprise because funding |
---|
2956 | 2956 | | 2803for the enterprise is unavailable in the traditional capital markets or contingent upon matching CORRECTED |
---|
2957 | 2957 | | 128 of 319 |
---|
2958 | 2958 | | 2804funds or because funding has been offered on terms that would substantially hinder the success |
---|
2959 | 2959 | | 2805of the enterprise; |
---|
2960 | 2960 | | 2806 (D) the enterprise has reasonable potential to create a substantial amount of primary |
---|
2961 | 2961 | | 2807employment in the commonwealth; |
---|
2962 | 2962 | | 2808 (E) the enterprise’s principals have made or are prepared to make a substantial financial |
---|
2963 | 2963 | | 2809and time commitment to the enterprise; and |
---|
2964 | 2964 | | 2810 (F) a reasonable effort has been made to find a professional investor to invest in the |
---|
2965 | 2965 | | 2811enterprise and whether such effort was successful. |
---|
2966 | 2966 | | 2812 (e)(1) The center shall not make a qualified investment pursuant to subsection (c) unless: |
---|
2967 | 2967 | | 2813 (i) the investment has been approved by a majority vote of the board; |
---|
2968 | 2968 | | 2814 (ii) the recipient is a certified life sciences company pursuant to section 5 or a project or |
---|
2969 | 2969 | | 2815initiative listed in subsection (d); |
---|
2970 | 2970 | | 2816 (iii) the securities to be purchased shall be qualified securities; |
---|
2971 | 2971 | | 2817 (iv) there shall be a reasonable possibility that the center shall, at a minimum, recoup its |
---|
2972 | 2972 | | 2818initial investment; |
---|
2973 | 2973 | | 2819 (v) binding commitments have been made to the center by the enterprise for adequate |
---|
2974 | 2974 | | 2820reporting of financial data to the center, including, but not limited to, a requirement for an annual |
---|
2975 | 2975 | | 2821or other periodic audit of the books of the enterprise, and for such control on the part of the |
---|
2976 | 2976 | | 2822center as the board shall consider prudent over the management of the enterprise, to protect the CORRECTED |
---|
2977 | 2977 | | 129 of 319 |
---|
2978 | 2978 | | 2823investment of the center, including, but not limited to, the board’s right to access financial and |
---|
2979 | 2979 | | 2824other records of the enterprise; and |
---|
2980 | 2980 | | 2825 (vi) the center finds, to the extent possible, that a definite benefit to the commonwealth’s |
---|
2981 | 2981 | | 2826economy may reasonably be expected from the qualified investment; provided, that in evaluating |
---|
2982 | 2982 | | 2827a request or application for funding, the center shall consider the following: |
---|
2983 | 2983 | | 2828 (A) the appropriateness of the project; |
---|
2984 | 2984 | | 2829 (B) whether the project has significant potential to expand employment; |
---|
2985 | 2985 | | 2830 (C) the project’s potential to enhance technological advancements; |
---|
2986 | 2986 | | 2831 (D) the project’s potential to lead to a breakthrough medical treatment for a particular |
---|
2987 | 2987 | | 2832disease or medical condition; |
---|
2988 | 2988 | | 2833 (E) the project’s potential for leveraging additional funding or attracting resources to the |
---|
2989 | 2989 | | 2834commonwealth; |
---|
2990 | 2990 | | 2835 (F) the project’s potential to promote manufacturing in the commonwealth; and |
---|
2991 | 2991 | | 2836 (G) evidence of potential royalty income and contractual means to recapture such income |
---|
2992 | 2992 | | 2837for the purposes of this chapter, as the center considers appropriate; |
---|
2993 | 2993 | | 2838 (vii) to the extent the investment is a capital investment made pursuant to clause (viii) of |
---|
2994 | 2994 | | 2839subsection (c), the investment has been approved by the secretary of administration and finance |
---|
2995 | 2995 | | 2840upon request of the center; provided, however, that said request shall be submitted to the |
---|
2996 | 2996 | | 2841secretary of administration and finance in writing and shall include, but shall not be limited to: |
---|
2997 | 2997 | | 2842 (A) a description of the project or program to be funded; CORRECTED |
---|
2998 | 2998 | | 130 of 319 |
---|
2999 | 2999 | | 2843 (B) the economic benefits to the commonwealth which can reasonably be expected from |
---|
3000 | 3000 | | 2844the project or program; |
---|
3001 | 3001 | | 2845 (C) a copy of the proposed contract or other document executing the transaction between |
---|
3002 | 3002 | | 2846the center and the recipient of the funds; |
---|
3003 | 3003 | | 2847 (D) a description of the contractual or other legal remedies available to the center upon |
---|
3004 | 3004 | | 2848non-performance of the contract or other document executing the transaction by the recipient, |
---|
3005 | 3005 | | 2849including, but not limited to, any provisions for restitution or reimbursement of the funds |
---|
3006 | 3006 | | 2850granted, loaned or otherwise invested in or with the recipient; and |
---|
3007 | 3007 | | 2851 (E) any other information as the secretary of administration and finance may determine; |
---|
3008 | 3008 | | 2852and |
---|
3009 | 3009 | | 2853 (viii) the qualified investment conforms with the rules approved by the board. |
---|
3010 | 3010 | | 2854 (2) Rules approved by the board shall set the terms and conditions for investments that |
---|
3011 | 3011 | | 2855shall constitute qualified investments, including, but not limited to, loans, guarantees, loan |
---|
3012 | 3012 | | 2856insurance or reinsurance, equity investments, grants awarded pursuant to clause (iii) of |
---|
3013 | 3013 | | 2857subsection (c), other financing or credit enhancing devices, as established by the center directly |
---|
3014 | 3014 | | 2858or on its own behalf or in conjunction with other public instrumentalities, or private institutions |
---|
3015 | 3015 | | 2859or the federal government. The rules shall provide that qualified investments made pursuant to |
---|
3016 | 3016 | | 2860clauses (i) and (ii) of said subsection (c) shall involve a transaction with the participation of at |
---|
3017 | 3017 | | 2861least 1 at-risk private party; provided, that the rules approved by the board shall establish the |
---|
3018 | 3018 | | 2862terms, procedures, standards and conditions which the center shall employ to identify qualified |
---|
3019 | 3019 | | 2863applications, process applications, make investment determinations, safeguard the fund, advance |
---|
3020 | 3020 | | 2864the objective of increasing employment opportunities, oversee the progress of qualified CORRECTED |
---|
3021 | 3021 | | 131 of 319 |
---|
3022 | 3022 | | 2865investments and secure the participation of other public instrumentalities, private institutions or |
---|
3023 | 3023 | | 2866the federal government in qualified investments; and provided further, that the rules shall provide |
---|
3024 | 3024 | | 2867for negotiated intellectual property agreements between the center and a qualified investment |
---|
3025 | 3025 | | 2868recipient which shall include, but shall not be limited to, the terms and conditions by which the |
---|
3026 | 3026 | | 2869fund’s support may be reduced or withdrawn. |
---|
3027 | 3027 | | 2870 (f) The center may solicit investments by private institutions or investors in the activities |
---|
3028 | 3028 | | 2871of the fund and may reach agreements with such private institutions or investors regarding the |
---|
3029 | 3029 | | 2872terms of any such investments, including, but not limited to, the rights of such investors to |
---|
3030 | 3030 | | 2873participate in the income or appropriation of the fund. To further the objective of securing |
---|
3031 | 3031 | | 2874investments by private institutions or investors in the activities of the fund pursuant to the |
---|
3032 | 3032 | | 2875preceding sentence, the center may develop a proposal creating a separate investment entity |
---|
3033 | 3033 | | 2876which shall permit the commingling of the fund’s resources with the maximum participation by |
---|
3034 | 3034 | | 2877such private institutions or investors in a manner consistent with the public purpose of the fund |
---|
3035 | 3035 | | 2878and under the terms and conditions established to protect and preserve the assets of the fund. |
---|
3036 | 3036 | | 2879 (g) Copies of the approved rules, and any modifications, shall be submitted to the clerks |
---|
3037 | 3037 | | 2880of the house of representatives and the senate, who shall forward the same to the house and |
---|
3038 | 3038 | | 2881senate committees on ways and means and the joint committee on economic development and |
---|
3039 | 3039 | | 2882emerging technologies. |
---|
3040 | 3040 | | 2883 (h) Qualified investment transactions made by the center pursuant to this section shall |
---|
3041 | 3041 | | 2884not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and |
---|
3042 | 3042 | | 2885shall be payable solely from the fund and shall not constitute a debt or pledge of the full faith and |
---|
3043 | 3043 | | 2886credit of the commonwealth, the center or any subdivision of the commonwealth. CORRECTED |
---|
3044 | 3044 | | 132 of 319 |
---|
3045 | 3045 | | 2887 (i) The center shall not make expenditures from or a commitment of the assets of the |
---|
3046 | 3046 | | 2888fund, including, but not limited to, the making of qualified investments secured by the fund, if |
---|
3047 | 3047 | | 2889following the making of said qualified investment, the amount of the fund shall be less than the |
---|
3048 | 3048 | | 2890minimum requirement established by the board. |
---|
3049 | 3049 | | 2891 SECTION 74. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby |
---|
3050 | 3050 | | 2892amended by adding the following sentence:- The center may, in its discretion, transfer funds |
---|
3051 | 3051 | | 2893from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. |
---|
3052 | 3052 | | 2894Craig C. Mello Small Business Equity Investment Fund to advance the purposes of this section. |
---|
3053 | 3053 | | 2895 SECTION 75. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby |
---|
3054 | 3054 | | 2896amended by adding the following sentence:- The center may, in its discretion, transfer funds |
---|
3055 | 3055 | | 2897from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. |
---|
3056 | 3056 | | 2898Judah Folkman Higher Education Grant Fund to advance the purposes of this section. |
---|
3057 | 3057 | | 2899 SECTION 76. Sections 9, 10 and 12 of said chapter 23I are hereby repealed. |
---|
3058 | 3058 | | 2900 SECTION 77. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is |
---|
3059 | 3059 | | 2901hereby amended by striking out, in line 18, the words “October 1”, and inserting in place thereof |
---|
3060 | 3060 | | 2902the following words:- December 31. |
---|
3061 | 3061 | | 2903 SECTION 78. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby |
---|
3062 | 3062 | | 2904amended by inserting after the definition of “Center” the following definition:- |
---|
3063 | 3063 | | 2905 “Certified climatetech company”, a climatetech company that has been certified by the |
---|
3064 | 3064 | | 2906center for participation in the climatetech industry tax incentive program established in section |
---|
3065 | 3065 | | 290716. CORRECTED |
---|
3066 | 3066 | | 133 of 319 |
---|
3067 | 3067 | | 2908 SECTION 79. Said section 1 of said chapter 23J, as so appearing, is hereby further |
---|
3068 | 3068 | | 2909amended by inserting after the definition of “Clean energy research” the following 3 definitions:- |
---|
3069 | 3069 | | 2910 “Climatetech”, clean energy and any other advanced and applied technologies that |
---|
3070 | 3070 | | 2911contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions |
---|
3071 | 3071 | | 2912or mitigate the impacts of climate change through adaptation, resiliency and environmental |
---|
3072 | 3072 | | 2913sustainability. |
---|
3073 | 3073 | | 2914 “Climatetech company”, a business corporation, partnership, firm, unincorporated |
---|
3074 | 3074 | | 2915association or other entity engaged in research, development, innovation, manufacturing, |
---|
3075 | 3075 | | 2916deployment or commercialization of climatetech technologies in the commonwealth and any |
---|
3076 | 3076 | | 2917affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, |
---|
3077 | 3077 | | 291864H or 64I. |
---|
3078 | 3078 | | 2919 “Climatetech research”, clean energy research and other advanced and applied research in |
---|
3079 | 3079 | | 2920new climatetech technologies. |
---|
3080 | 3080 | | 2921 SECTION 80. Section 2 of said chapter 23J is hereby amended by striking out, in lines |
---|
3081 | 3081 | | 292216, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words |
---|
3082 | 3082 | | 2923“clean energy”, each time they appear, and inserting in place thereof, in each instance, the |
---|
3083 | 3083 | | 2924following word:- climatetech. |
---|
3084 | 3084 | | 2925 SECTION 81. Said section 2 of said chapter 23J is hereby further amended by striking |
---|
3085 | 3085 | | 2926out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following |
---|
3086 | 3086 | | 2927word:- climatetech. |
---|
3087 | 3087 | | 2928 SECTION 82. Section 3 of said chapter 23J, as so appearing, is hereby amended by |
---|
3088 | 3088 | | 2929striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 and 132, 136, 141, 169, 170 and CORRECTED |
---|
3089 | 3089 | | 134 of 319 |
---|
3090 | 3090 | | 2930171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the |
---|
3091 | 3091 | | 2931following word:- climatetech. |
---|
3092 | 3092 | | 2932 SECTION 8380. Said section 3 of said chapter 23J, as so appearing, is hereby further |
---|
3093 | 3093 | | 2933amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place |
---|
3094 | 3094 | | 2934thereof, in each instance, the following words:- Climatetech. |
---|
3095 | 3095 | | 2935 SECTION 84. Section 5 of said chapter 23J, as so appearing, is hereby amended by |
---|
3096 | 3096 | | 2936striking out, in lines 26 and 28, the words “clean energy”, each time they appear, and inserting in |
---|
3097 | 3097 | | 2937place thereof, in each instance, the following word:- climatetech. |
---|
3098 | 3098 | | 2938 SECTION 85. Section 7 of said chapter 23J, as so appearing, is hereby amended by |
---|
3099 | 3099 | | 2939striking out, in lines 2, 3 and 7, the words “clean energy”, each time they appear, and inserting in |
---|
3100 | 3100 | | 2940place thereof, in each instance, the following word:- climatetech. |
---|
3101 | 3101 | | 2941 SECTION 86. Section 8 of said chapter 23J, as so appearing, is hereby amended by |
---|
3102 | 3102 | | 2942striking out, in lines 10, 14, 32 and 34, the words “clean energy”, each time they appear, and |
---|
3103 | 3103 | | 2943inserting in place thereof, in each instance, the following word:- climatetech. |
---|
3104 | 3104 | | 2944 SECTION 87. Section 9 of said chapter 23J, as so appearing, is hereby amended by |
---|
3105 | 3105 | | 2945inserting after the words “renewable energy”, in lines 24, 26, 28, 29, 31, 32, 36, 41 54, 97, 105 |
---|
3106 | 3106 | | 2946and 134, each time they appear, the following words:- and climatetech. |
---|
3107 | 3107 | | 2947 SECTION 88. Said section 9 of said chapter 23J, as so appearing, is hereby further |
---|
3108 | 3108 | | 2948amended by inserting after the words “clean energy”, in lines 52 and 58, each time they appear, |
---|
3109 | 3109 | | 2949the following words:- and climatetech. CORRECTED |
---|
3110 | 3110 | | 135 of 319 |
---|
3111 | 3111 | | 2950 SECTION 89. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is |
---|
3112 | 3112 | | 2951hereby amended by striking out, in lines 78 to 86, inclusive, the words “industry; (ii) the use of |
---|
3113 | 3113 | | 2952renewable energy by electricity customers in the commonwealth; (iii) public education and |
---|
3114 | 3114 | | 2953training regarding renewable energy including, but not limited to, promoting programs and |
---|
3115 | 3115 | | 2954investments that lead to pathways toward economic self-sufficiency for low- and moderate- |
---|
3116 | 3116 | | 2955income individuals and communities in the clean energy industry; (iv) product and market |
---|
3117 | 3117 | | 2956development; (v) pilot and demonstration projects and other activities designed to increase the |
---|
3118 | 3118 | | 2957use and affordability of renewable energy” and inserting in place thereof the following words:- |
---|
3119 | 3119 | | 2958and climatetech industry; (ii) the use of renewable energy by electricity customers in the |
---|
3120 | 3120 | | 2959commonwealth; (iii) public education and training regarding renewable energy and climatetech, |
---|
3121 | 3121 | | 2960including, but not limited to, promoting programs and investments that lead to pathways toward |
---|
3122 | 3122 | | 2961economic self-sufficiency for low- and moderate-income individuals and communities in the |
---|
3123 | 3123 | | 2962clean energy and climatetech industry; (iv) product and market development; (v) pilot and |
---|
3124 | 3124 | | 2963demonstration projects and other activities designed to increase the use and affordability of |
---|
3125 | 3125 | | 2964renewable energy and climatetech. |
---|
3126 | 3126 | | 2965 SECTION 90. Said section 9 of said chapter 23J, as so appearing, is hereby further |
---|
3127 | 3127 | | 2966amended by inserting after the word “projects”, in line 123, the following words:- ; provided, |
---|
3128 | 3128 | | 2967that climatetech technologies eligible for assistance shall be consistent with the definition of |
---|
3129 | 3129 | | 2968climatetech as set forth in section 1. |
---|
3130 | 3130 | | 2969 SECTION 91. Section 9A of said chapter 23J, as so appearing, is hereby amended by |
---|
3131 | 3131 | | 2970striking out, in line 84, the word “and”. CORRECTED |
---|
3132 | 3132 | | 136 of 319 |
---|
3133 | 3133 | | 2971 SECTION 92. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is |
---|
3134 | 3134 | | 2972hereby amended by striking out clause (12) and inserting in place thereof the following 3 |
---|
3135 | 3135 | | 2973clauses:- |
---|
3136 | 3136 | | 2974 (12) promote jobs, economic and workforce development through capital grants to |
---|
3137 | 3137 | | 2975companies and governmental entities for the purpose of supporting and stimulating research, and |
---|
3138 | 3138 | | 2976development, innovation, manufacturing, commercialization and deployment of offshore wind in |
---|
3139 | 3139 | | 2977the commonwealth; |
---|
3140 | 3140 | | 2978 (13) provide for the necessary and reasonable administrative and personnel costs of the |
---|
3141 | 3141 | | 2979center or of the executive office of energy and environmental affairs related to administering the |
---|
3142 | 3142 | | 2980fund; and |
---|
3143 | 3143 | | 2981 (14) otherwise further the public purposes set forth in this section. |
---|
3144 | 3144 | | 2982 SECTION 93. Section 10 of said chapter 23J, as so appearing, is hereby amended by |
---|
3145 | 3145 | | 2983striking out, in lines 3 and 6, the words “clean energy”, each time they appear, and inserting in |
---|
3146 | 3146 | | 2984place thereof, in each instance, the following word:- climatetech. |
---|
3147 | 3147 | | 2985 SECTION 94. Section 13 of said chapter 23J, as so appearing, is hereby amended by |
---|
3148 | 3148 | | 2986striking 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, |
---|
3149 | 3149 | | 298744, 49, 56, 64 and 75, the words “clean energy”, each time they appear, and inserting in place |
---|
3150 | 3150 | | 2988thereof, in each instance, the following word:- climatetech. |
---|
3151 | 3151 | | 2989 SECTION 95. Section 15 of said chapter 23J, as so appearing, is hereby amended by |
---|
3152 | 3152 | | 2990striking out, in lines 2 and 71, the words “Clean Energy”, each time they appear, and inserting in |
---|
3153 | 3153 | | 2991place thereof in each instance the following word:- Climatetech. CORRECTED |
---|
3154 | 3154 | | 137 of 319 |
---|
3155 | 3155 | | 2992 SECTION 96. Said section 15 of said chapter 23J, as so appearing, is hereby further |
---|
3156 | 3156 | | 2993amended by striking out, in lines 8, 18, 21, 22, 25, 30 to 31, 35 to 36, 38, 40, 42, 44 to 45 and 47, |
---|
3157 | 3157 | | 2994the words “clean energy”, each time they appear, and inserting in place thereof in each instance |
---|
3158 | 3158 | | 2995the following word:- climatetech. |
---|
3159 | 3159 | | 2996 SECTION 97. Said section 15 of said chapter 23J, as so appearing, is hereby further |
---|
3160 | 3160 | | 2997amended by striking out, in line 47, the word “and”. |
---|
3161 | 3161 | | 2998 SECTION 98. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is |
---|
3162 | 3162 | | 2999hereby amended by striking out clause (x) and inserting in place thereof the following 2 clauses:- |
---|
3163 | 3163 | | 3000 (x) promoting jobs, economic and workforce development through capital grants to |
---|
3164 | 3164 | | 3001companies and governmental entities for the purpose of supporting and stimulating research and |
---|
3165 | 3165 | | 3002development, innovation, manufacturing, commercialization and deployment of climatetech |
---|
3166 | 3166 | | 3003technologies in the commonwealth; and |
---|
3167 | 3167 | | 3004 (xi) providing for the necessary and reasonable administrative and personnel costs of the |
---|
3168 | 3168 | | 3005center or of the executive office of energy and environmental affairs related to administering the |
---|
3169 | 3169 | | 3006fund. |
---|
3170 | 3170 | | 3007 SECTION 99. Said chapter 23J is hereby further amended by adding the following |
---|
3171 | 3171 | | 3008section:- |
---|
3172 | 3172 | | 3009 Section 16. (a) There shall be established and placed within the center a climatetech tax |
---|
3173 | 3173 | | 3010incentive program that shall be administered by the center. The purpose of the program shall be |
---|
3174 | 3174 | | 3011to develop and expand climatetech related employment opportunities in the commonwealth and |
---|
3175 | 3175 | | 3012to promote climatetech related economic development in the commonwealth by supporting and CORRECTED |
---|
3176 | 3176 | | 138 of 319 |
---|
3177 | 3177 | | 3013stimulating research, development, innovation, manufacturing and deployment in the climatetech |
---|
3178 | 3178 | | 3014sector. A climatetech company certified pursuant to subsection (b) shall be eligible for |
---|
3179 | 3179 | | 3015participation in the program. |
---|
3180 | 3180 | | 3016 (b) The center may, upon a majority vote of the board, certify a climatetech company as |
---|
3181 | 3181 | | 3017eligible upon: (i) the timely receipt, as determined by the center, of a certification proposal |
---|
3182 | 3182 | | 3018supported by independently verifiable information, signed under the pains and penalties of |
---|
3183 | 3183 | | 3019perjury by a person expressly authorized to contract on behalf of the climatetech company and |
---|
3184 | 3184 | | 3020shall include, but shall not be limited to, an estimate of the projected new state revenue the |
---|
3185 | 3185 | | 3021climatetech company expects to generate during the period for which the company seeks |
---|
3186 | 3186 | | 3022certification, together with a plan that shall include, but shall not be limited to: (A) precise goals |
---|
3187 | 3187 | | 3023and objectives, by which the climatetech company proposes to achieve the projected new state |
---|
3188 | 3188 | | 3024revenue; (B) an estimate of the number of permanent full-time employees to be hired or retained; |
---|
3189 | 3189 | | 3025(C) an estimate of the year in which the company expects to hire or retain the employees; (D) an |
---|
3190 | 3190 | | 3026estimate of the projected average salaries of said employees; (E) an estimate of the projected |
---|
3191 | 3191 | | 3027taxable income pursuant to chapter 62 generated by said employees; (F) an estimate of the |
---|
3192 | 3192 | | 3028methods by which the company shall obtain new employees and pursue a diverse workforce; and |
---|
3193 | 3193 | | 3029(G) if applicable, an estimate of the company’s planned capital investment in the commonwealth; |
---|
3194 | 3194 | | 3030and (ii) findings made by the center, based on the certification proposal, documents submitted |
---|
3195 | 3195 | | 3031therewith and any additional investigation by the center that shall be incorporated in its approval, |
---|
3196 | 3196 | | 3032that: (1) the climatetech company is likely to contribute substantially to research, development, |
---|
3197 | 3197 | | 3033innovation, manufacturing, commercialization or deployment of climatetech in the |
---|
3198 | 3198 | | 3034commonwealth; (2) the climatetech company has a substantial likelihood of meeting all statutory |
---|
3199 | 3199 | | 3035requirements and any other criteria that the center may prescribe, including, but not limited to, CORRECTED |
---|
3200 | 3200 | | 139 of 319 |
---|
3201 | 3201 | | 3036criteria in the following areas: (A) leveraging additional funding or attracting additional |
---|
3202 | 3202 | | 3037resources to the commonwealth; (B) increasing research, development, innovation, |
---|
3203 | 3203 | | 3038manufacturing, commercialization or deployment of climate technologies within the |
---|
3204 | 3204 | | 3039commonwealth; and (C) creating employment in the commonwealth; and (3) the climatetech |
---|
3205 | 3205 | | 3040company has a substantial likelihood of meeting its state revenue, employment growth and |
---|
3206 | 3206 | | 3041applicable capital investment projections, as specified in the certification proposal, over the |
---|
3207 | 3207 | | 3042period for which it receives benefits. |
---|
3208 | 3208 | | 3043 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting |
---|
3209 | 3209 | | 3044with the tax year in which certification is granted. Each certified climatetech company shall file |
---|
3210 | 3210 | | 3045an annual report with the center certifying whether it has met the specific targets established in |
---|
3211 | 3211 | | 3046the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards |
---|
3212 | 3212 | | 3047those targets. |
---|
3213 | 3213 | | 3048 (2) The certification of a climatetech company may be revoked by the center after an |
---|
3214 | 3214 | | 3049investigation by the center and a determination that the climatetech company is in material |
---|
3215 | 3215 | | 3050noncompliance with its certification proposal; provided, however, that the center shall review |
---|
3216 | 3216 | | 3051said certified climatetech company at least annually. Revocation shall take effect on the first day |
---|
3217 | 3217 | | 3052of the tax year in which the center determines the certified climatetech company to be in material |
---|
3218 | 3218 | | 3053noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, |
---|
3219 | 3219 | | 3054disallow any credits allowed by the original certification of tax benefits under this section. The |
---|
3220 | 3220 | | 3055commissioner of revenue shall issue regulations to establish a process to recapture the value of |
---|
3221 | 3221 | | 3056any credits allowed by the certification under this section. For the purposes of this paragraph, |
---|
3222 | 3222 | | 3057“material noncompliance” shall mean the failure of a certified climatetech company to |
---|
3223 | 3223 | | 3058substantially achieve the new state revenue, job growth and capital investment projections set CORRECTED |
---|
3224 | 3224 | | 140 of 319 |
---|
3225 | 3225 | | 3059forth in its certification proposal or any other act, omission or misrepresentation by the certified |
---|
3226 | 3226 | | 3060climatetech company that frustrates the public purpose of the climatetech tax incentive program. |
---|
3227 | 3227 | | 3061 (3) Nothing in this subsection shall limit any legal remedies available to the |
---|
3228 | 3228 | | 3062commonwealth against any certified climatetech company. |
---|
3229 | 3229 | | 3063 (d)(1) The center, in consultation with the department of revenue, may annually authorize |
---|
3230 | 3230 | | 3064incentives, including those established in subsections (gg) and (hh) of section 6 of chapter 62, |
---|
3231 | 3231 | | 3065subsection (j) of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of |
---|
3232 | 3232 | | 3066said chapter 63, section 38TT of said chapter 63, the second paragraph of subsection (c) of |
---|
3233 | 3233 | | 3067section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not |
---|
3234 | 3234 | | 3068exceed $30,000,000 annually. The center, in consultation with the department of revenue, may |
---|
3235 | 3235 | | 3069limit the incentives to a specific dollar amount or time duration or in any other manner deemed |
---|
3236 | 3236 | | 3070appropriate by the department of revenue; provided, however, that the department of revenue |
---|
3237 | 3237 | | 3071shall only allocate the incentives among certified climatetech companies. |
---|
3238 | 3238 | | 3072 (2) The center, in consultation with the department of revenue, shall provide an estimate |
---|
3239 | 3239 | | 3073to the secretary of administration and finance of the tax cost of extending benefits to a proposed |
---|
3240 | 3240 | | 3074project before certification, as approved by the commissioner of revenue, based on reasonable |
---|
3241 | 3241 | | 3075projections of project activities and costs. Tax incentives shall not be available to a certified |
---|
3242 | 3242 | | 3076climatetech company unless expressly granted by the secretary of administration and finance in |
---|
3243 | 3243 | | 3077writing. |
---|
3244 | 3244 | | 3078 SECTION 100. Section 18 of chapter 23N of the General Laws, as most recently |
---|
3245 | 3245 | | 3079amended by section 137 of chapter 7 of the acts of 2023, is hereby further amended by striking |
---|
3246 | 3246 | | 3080out subsections (b) and (c) and inserting in place thereof the following subsections:- CORRECTED |
---|
3247 | 3247 | | 141 of 319 |
---|
3248 | 3248 | | 3081 (b) The fund shall be administered by the secretary of economic development. Money in |
---|
3249 | 3249 | | 3082the fund shall be competitively granted pursuant to existing workforce development programs |
---|
3250 | 3250 | | 3083that develop and strengthen workforce opportunities for low-income communities or vulnerable |
---|
3251 | 3251 | | 3084youth and young adults in the commonwealth, including providing opportunities and strategies to |
---|
3252 | 3252 | | 3085promote stable employment and wage growth, or competitively granted to eligible recipients |
---|
3253 | 3253 | | 3086described in subsection (c). |
---|
3254 | 3254 | | 3087 (c) Eligible grant recipients shall provide opportunities that: (i) target at risk youth, |
---|
3255 | 3255 | | 3088including resources to empower youth to succeed in the workforce; (ii) provide job skills |
---|
3256 | 3256 | | 3089trainings, including programs offering trainings in multiple languages and areas for development, |
---|
3257 | 3257 | | 3090including education and hands on skills; (iii) promote adult literacy, including strategies to |
---|
3258 | 3258 | | 3091master reading and writing and providing digital formats to increase accessibility; and (iv) |
---|
3259 | 3259 | | 3092provide English language learning programs to promote access to the workforce; provided, |
---|
3260 | 3260 | | 3093however, that as an alternative, eligible grant recipients may provide opportunities that: (A) |
---|
3261 | 3261 | | 3094provide job skills trainings, including education and hands-on skills for individuals with |
---|
3262 | 3262 | | 3095intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional |
---|
3263 | 3263 | | 3096credentialing or other workforce opportunities for non-citizens permanently residing under color |
---|
3264 | 3264 | | 3097of law or otherwise lawfully present in the commonwealth. The secretary of economic |
---|
3265 | 3265 | | 3098development shall establish criteria to evaluate applications for the grant program; provided, that |
---|
3266 | 3266 | | 3099the criteria shall include, but shall not be limited to, at risk populations; provided further, that |
---|
3267 | 3267 | | 3100preference shall be given to eligible grant recipients providing opportunities for individuals who |
---|
3268 | 3268 | | 3101meet at least 2 of the following: (i) is under 30 years of age; (ii) is a victim of violence; (iii) is |
---|
3269 | 3269 | | 3102over 18 years of age and does not have a high school diploma; (iv) has been convicted of a |
---|
3270 | 3270 | | 3103felony; (v) has been unemployed or has had a family income below 250 per cent of the federal CORRECTED |
---|
3271 | 3271 | | 142 of 319 |
---|
3272 | 3272 | | 3104poverty level for not less than 6 months; (vi) lives in a census tract where over 20 per cent of the |
---|
3273 | 3273 | | 3105populations fall below the federal poverty line; (vii) is an immigrant, refugee or person of color; |
---|
3274 | 3274 | | 3106or (viii) is an individual with an intellectual, developmental or physical disability. |
---|
3275 | 3275 | | 3107 SECTION 101. Section 29K of said chapter 29, as appearing in the 2022 Official Edition, |
---|
3276 | 3276 | | 3108is hereby amended by adding the following subsection:- |
---|
3277 | 3277 | | 3109 (h) Notwithstanding any general or special law to the contrary, the board of directors of a |
---|
3278 | 3278 | | 3110state authority may meet independently of management or in executive session to discuss matters |
---|
3279 | 3279 | | 3111pertaining to the audit or compensation committees. |
---|
3280 | 3280 | | 3112 SECTION 102. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby |
---|
3281 | 3281 | | 3113amended by adding the following subsection:- |
---|
3282 | 3282 | | 3114 (g) Notwithstanding section 39M of chapter 30, or any general or special law to the |
---|
3283 | 3283 | | 3115contrary, a governmental body may, in a single procurement in accordance with section 5, |
---|
3284 | 3284 | | 3116procure: (i) broadband internet service; (ii) the design, installation, maintenance and operation of |
---|
3285 | 3285 | | 3117fiber optic cables and other equipment to provide broadband internet service to a public building |
---|
3286 | 3286 | | 3118or buildings; (iii) the design, installation, maintenance and operation of a wireless |
---|
3287 | 3287 | | 3119communication network for a public building or public land; or (iv) any combination of the |
---|
3288 | 3288 | | 3120foregoing. All such fiber optic cables, wireless network equipment and other physical |
---|
3289 | 3289 | | 3121improvements designed, installed, maintained and operated pursuant to such procurement shall |
---|
3290 | 3290 | | 3122be considered supplies. |
---|
3291 | 3291 | | 3123 SECTION 103. Section 1 of chapter 31 of the General Laws is hereby amended by |
---|
3292 | 3292 | | 3124striking out, in lines 4 to 6, inclusive, as so appearing, the words “personnel administrator of the |
---|
3293 | 3293 | | 3125human resources division within the executive office for administration and finance” and CORRECTED |
---|
3294 | 3294 | | 143 of 319 |
---|
3295 | 3295 | | 3126inserting in place thereof the following words:- agency head or chief human resources officer of |
---|
3296 | 3296 | | 3127the human resources division within the executive office for administration and finance or a |
---|
3297 | 3297 | | 3128delegated agent. |
---|
3298 | 3298 | | 3129 SECTION 104. Said section 1 of said chapter 31 is hereby further amended by striking |
---|
3299 | 3299 | | 3130out, in lines 18 to 21, inclusive, as so appearing, the words “(e) assuring fair treatment of all |
---|
3300 | 3300 | | 3131applicants and employees in all aspects of personnel administration without regard to political |
---|
3301 | 3301 | | 3132affiliation, race, color, age, national origin, sex, marital status, handicap,” and inserting in place |
---|
3302 | 3302 | | 3133thereof the following words:- (e) notwithstanding potential remedies provided by any other laws |
---|
3303 | 3303 | | 3134that prohibit discrimination in employment, assuring fair treatment of all applicants and |
---|
3304 | 3304 | | 3135employees in all aspects of personnel administration without regard to political affiliation, race, |
---|
3305 | 3305 | | 3136color, age, national origin, sex, marital status, military status, disability, sexual orientation, |
---|
3306 | 3306 | | 3137gender identity. |
---|
3307 | 3307 | | 3138 SECTION 105. Said section 1 of said chapter 31 is hereby further amended by striking |
---|
3308 | 3308 | | 3139out, in line 44, as so appearing, the words ““Department” or “division”” and inserting in place |
---|
3309 | 3309 | | 3140thereof the following word:- “Division”. |
---|
3310 | 3310 | | 3141 SECTION 106. Said section 1 of said chapter 31, as amended by section 59 of chapter |
---|
3311 | 3311 | | 3142205 of the acts of 2024, is hereby further amended by inserting after the definition “Departmental |
---|
3312 | 3312 | | 3143unit” the following definition:- |
---|
3313 | 3313 | | 3144 “Disability”, any condition or characteristic, physical or mental, which substantially |
---|
3314 | 3314 | | 3145limits one or more major life activities; or a record of such impairment; or the external |
---|
3315 | 3315 | | 3146manifestations of such impairment. CORRECTED |
---|
3316 | 3316 | | 144 of 319 |
---|
3317 | 3317 | | 3147 SECTION 107. Said section 1 of said chapter 31 is hereby further amended by inserting |
---|
3318 | 3318 | | 3148after the word “examination”, in line 71, as appearing in the 2022 Official Edition, the following |
---|
3319 | 3319 | | 3149words:- , where required by the rules of the administrator,. |
---|
3320 | 3320 | | 3150 SECTION 108. Said section 1 of said chapter 31 is hereby further amended by striking |
---|
3321 | 3321 | | 3151out, in line 82 to 85, inclusive, as so appearing, the definition of “Handicap”. |
---|
3322 | 3322 | | 3152 SECTION 109. Said section 1 of said chapter 31 is hereby further amended, by striking |
---|
3323 | 3323 | | 3153out, in lines 94 and 95, as so appearing, the words “six or section twenty-eight” and inserting in |
---|
3324 | 3324 | | 3154place thereof the following words:- 6, 6D or 28. |
---|
3325 | 3325 | | 3155 SECTION 110. Subsection (b) of section 2 of said chapter 31, as so appearing, is hereby |
---|
3326 | 3326 | | 3156amended by striking out the third and fourth paragraphs and inserting in place thereof the |
---|
3327 | 3327 | | 3157following 2 paragraphs:- |
---|
3328 | 3328 | | 3158 The appeal shall be accompanied by such form as the commission may prescribe |
---|
3329 | 3329 | | 3159containing a statement of the allegations that form the basis of the aggrieved person’s appeal |
---|
3330 | 3330 | | 3160with specific reference to the provisions of this chapter or the rules of the administrator or basic |
---|
3331 | 3331 | | 3161merit principles that have been violated, together with an explanation of how the person has been |
---|
3332 | 3332 | | 3162harmed. |
---|
3333 | 3333 | | 3163 Hearings on any appeal pending before the commission may be held before any member |
---|
3334 | 3334 | | 3164thereof, who shall report their findings of fact and recommendations to the commission for its |
---|
3335 | 3335 | | 3165action. Alternatively, the chair of the commission may appoint as hearing officer any other |
---|
3336 | 3336 | | 3166disinterested person who is experienced in adjudication or well-versed in the provisions of this |
---|
3337 | 3337 | | 3167chapter; provided, that upon the conclusion of any such hearing, and consistent with the |
---|
3338 | 3338 | | 3168provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice CORRECTED |
---|
3339 | 3339 | | 145 of 319 |
---|
3340 | 3340 | | 3169and Procedure, the assigned hearing officer shall report their findings of fact and |
---|
3341 | 3341 | | 3170recommendations to the commission for its action. |
---|
3342 | 3342 | | 3171 SECTION 111. Said section 2 of said chapter 31, as so appearing, is hereby further |
---|
3343 | 3343 | | 3172amended by inserting after the figure “31A”, in line 49, the following words:- or this chapter. |
---|
3344 | 3344 | | 3173 SECTION 112. Said section 2 of said chapter 31, as so appearing, is hereby further |
---|
3345 | 3345 | | 3174amended by striking out subsections (d) to (g), inclusive, and inserting in place thereof the |
---|
3346 | 3346 | | 3175following 5 subsections:- |
---|
3347 | 3347 | | 3176 (d) To hear and decide appeals concerning performance evaluations or performance |
---|
3348 | 3348 | | 3177audits conducted by the administrator, as provided by this chapter or chapter 31A. |
---|
3349 | 3349 | | 3178 (e) To award reasonable attorneys’ fees and costs up to $25,000 to an appellant who |
---|
3350 | 3350 | | 3179prevails in an appeal brought under this chapter, upon an express finding of either bad faith on |
---|
3351 | 3351 | | 3180the part of the appointing authority or an egregious or willfully repeated violation of this chapter, |
---|
3352 | 3352 | | 3181unless special circumstances would render such an award in full unjust. |
---|
3353 | 3353 | | 3182 (f) To recommend any proposed rule changes to the administrator it feels would be |
---|
3354 | 3354 | | 3183consistent with basic merit principles outlined in this chapter and would be in the public interest. |
---|
3355 | 3355 | | 3184 (g) To adopt such rules of procedure as necessary for the conduct of its proceedings. |
---|
3356 | 3356 | | 3185 (h) To close all or a portion of a hearing or proceeding conducted by the commission |
---|
3357 | 3357 | | 3186pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a |
---|
3358 | 3358 | | 3187person’s health or other acutely sensitive or confidential information. CORRECTED |
---|
3359 | 3359 | | 146 of 319 |
---|
3360 | 3360 | | 3188 SECTION 113. Section 4 of said chapter 31, as so appearing, is hereby amended by |
---|
3361 | 3361 | | 3189striking out, in lines 12 and 13 and 27, the words “in one or more newspapers” and inserting in |
---|
3362 | 3362 | | 3190place thereof the following words:- on the websites of the administrator and the commission. |
---|
3363 | 3363 | | 3191 SECTION 114. Said section 4 of said chapter 31, as so appearing, is hereby further |
---|
3364 | 3364 | | 3192amended by inserting after the word “copy”, in line 23, the following words:- or transmit the |
---|
3365 | 3365 | | 3193entire revised set of rules via electronic media. |
---|
3366 | 3366 | | 3194 SECTION 115. Section 5 of said chapter 31, as so appearing, is hereby amended by |
---|
3367 | 3367 | | 3195striking out, in line 30, the words “handicapped persons” and inserting in place thereof the |
---|
3368 | 3368 | | 3196following words:- persons with disabilities. |
---|
3369 | 3369 | | 3197 SECTION 116. Said section 5 of said chapter 31, as so appearing, is hereby further |
---|
3370 | 3370 | | 3198amended by striking out, in line 33, the word “handicapped” and inserting in place thereof the |
---|
3371 | 3371 | | 3199following words:- persons with disabilities. |
---|
3372 | 3372 | | 3200 SECTION 117. Section 6 of said chapter 31, as so appearing, is hereby amended by |
---|
3373 | 3373 | | 3201striking out, in lines 10 and 11, the words “twenty-six, forty, forty-seven, fifty-six, and sixty” |
---|
3374 | 3374 | | 3202and inserting in place thereof the following words:- 6D, 26, 40, 47, 56 and 60. |
---|
3375 | 3375 | | 3203 SECTION 118. Section 6A of said chapter 31, as so appearing, is hereby amended by |
---|
3376 | 3376 | | 3204striking out, in line 15, the word “department” and inserting in place thereof the following word:- |
---|
3377 | 3377 | | 3205division. |
---|
3378 | 3378 | | 3206 SECTION 119. Said chapter 31 is hereby further amended by inserting after section 6C |
---|
3379 | 3379 | | 3207the following section:- CORRECTED |
---|
3380 | 3380 | | 147 of 319 |
---|
3381 | 3381 | | 3208 Section 6D. Notwithstanding any general or special law to the contrary, the administrator |
---|
3382 | 3382 | | 3209may approve the original appointments of a municipal appointing authority sanctioned by |
---|
3383 | 3383 | | 3210sections 59A, 59B or 59C; provided, that the administrator’s role in facilitating such alternative |
---|
3384 | 3384 | | 3211original appointments shall not serve as the predicate for any claim asserted against the |
---|
3385 | 3385 | | 3212administrator under chapter 151B. |
---|
3386 | 3386 | | 3213 SECTION 120. Section 6D of said chapter 31, as inserted by section 119, is hereby |
---|
3387 | 3387 | | 3214repealed. |
---|
3388 | 3388 | | 3215 SECTION 121. Section 20 of said chapter 31, as appearing in the 2022 Official Edition, |
---|
3389 | 3389 | | 3216is hereby amended by striking out, in lines 5 and 6, the words “not exceeding ten dollars,”. |
---|
3390 | 3390 | | 3217 SECTION 122. Said section 20 of said chapter 31, as so appearing, is hereby further |
---|
3391 | 3391 | | 3218amended by striking out, in lines 8 to 24, inclusive, the second and third paragraphs. |
---|
3392 | 3392 | | 3219 SECTION 123. The fourth paragraph of section 21 of said chapter 31, as so appearing, is |
---|
3393 | 3393 | | 3220hereby amended by striking out the last sentence and inserting in place thereof the following |
---|
3394 | 3394 | | 3221sentence:- The administrator shall notify the Massachusetts commission against discrimination |
---|
3395 | 3395 | | 3222when it issues a certification with this limitation. |
---|
3396 | 3396 | | 3223 SECTION 124. Said section 21 of said chapter 31, as so appearing, is hereby further |
---|
3397 | 3397 | | 3224amended by adding the following paragraph:- |
---|
3398 | 3398 | | 3225 The administrator may limit eligibility to appear on a certification for an original |
---|
3399 | 3399 | | 3226appointment to persons who are fluent in a specified foreign language commonly spoken among |
---|
3400 | 3400 | | 3227the constituency to be served if the appointing authority requests such limitation in its |
---|
3401 | 3401 | | 3228requisition. For public safety departments that have entered into an agreement with the CORRECTED |
---|
3402 | 3402 | | 148 of 319 |
---|
3403 | 3403 | | 3229administrator to facilitate alternative pathway appointments under section 59A, at the end of the |
---|
3404 | 3404 | | 3230hiring cycle as defined by such agreement, any appointment to a municipal public safety position |
---|
3405 | 3405 | | 3231that resulted in the non-selection of another candidate entitled to a preference under section 26 |
---|
3406 | 3406 | | 3232and such other candidate would have been appointed but for the limitation of the special |
---|
3407 | 3407 | | 3233certification requiring foreign language fluency, the appointment shall be deemed by the local |
---|
3408 | 3408 | | 3234appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of |
---|
3409 | 3409 | | 3235foreign language fluency yielded an appointment of a candidate not entitled to any statutory |
---|
3410 | 3410 | | 3236preference. |
---|
3411 | 3411 | | 3237 SECTION 125. Section 24 of said chapter 31, as so appearing, is hereby amended by |
---|
3412 | 3412 | | 3238inserting after the word “questions”, in lines 3 to 4, the following words:- or training and |
---|
3413 | 3413 | | 3239experience sheet. |
---|
3414 | 3414 | | 3240 SECTION 126. Said section 24 of said chapter 31, as so appearing, is hereby further |
---|
3415 | 3415 | | 3241amended by striking out, in line 14, the words “, within thirty days,” and inserting in place |
---|
3416 | 3416 | | 3242thereof the following words:- shall forthwith. |
---|
3417 | 3417 | | 3243 SECTION 127. Section 25 of said chapter 31, as so appearing, is hereby amended by |
---|
3418 | 3418 | | 3244striking out, in line 21, the words “last examination taken” and inserting in place thereof the |
---|
3419 | 3419 | | 3245following words:- highest examination score achieved. |
---|
3420 | 3420 | | 3246 SECTION 128. Said section 25 of said chapter 31, as so appearing, is hereby further |
---|
3421 | 3421 | | 3247amended by striking out, in line 51, the words “shall nullify an appointment of such person” and |
---|
3422 | 3422 | | 3248inserting in place thereof the following words:- may, in the administrator’s discretion, nullify an |
---|
3423 | 3423 | | 3249appointment of such person; provided, however, that the name of a person who has been certified |
---|
3424 | 3424 | | 3250to an appointing authority for an entry-level position and who is under consideration for CORRECTED |
---|
3425 | 3425 | | 149 of 319 |
---|
3426 | 3426 | | 3251appointment shall remain in effect until the hiring process is completed by the appointing |
---|
3427 | 3427 | | 3252authority and any notice of appointment submitted to the administrator. |
---|
3428 | 3428 | | 3253 SECTION 129. Section 27 of said chapter 31, as so appearing, is hereby amended by |
---|
3429 | 3429 | | 3254inserting after the word “accept”, in line 3, the following words:- a promotional. |
---|
3430 | 3430 | | 3255 SECTION 130. Said section 27 of said chapter 31, as so appearing, is hereby further |
---|
3431 | 3431 | | 3256amended by striking out, in line 5, the word “If” and inserting in place there of the following |
---|
3432 | 3432 | | 3257words:- In the case of either an original or promotional vacancy, if. |
---|
3433 | 3433 | | 3258 SECTION 131. The first paragraph of said section 27 of said chapter 31, as so appearing, |
---|
3434 | 3434 | | 3259is hereby further amended by adding the following sentence:- If the administrator or an |
---|
3435 | 3435 | | 3260appointing authority delegated by the administrator, applying the formula for original |
---|
3436 | 3436 | | 3261appointments set out in the rules of the administrator, certifies from an eligible list the names of |
---|
3437 | 3437 | | 3262persons who are qualified and willing to accept an original appointment, the appointing |
---|
3438 | 3438 | | 3263authority, pursuant to the civil service law and rules, may appoint only from among such |
---|
3439 | 3439 | | 3264persons; provided, however, that for each such person, if any, who is bypassed or rejected as not |
---|
3440 | 3440 | | 3265being in compliance with applicable entrance requirements or who withdraws from the |
---|
3441 | 3441 | | 3266application process, the appointing authority may appoint from among a group that includes the |
---|
3442 | 3442 | | 3267next highest-ranked person on the certification; and provided further, that the administrator or an |
---|
3443 | 3443 | | 3268appointing authority delegated by the administrator shall not include the name of any person who |
---|
3444 | 3444 | | 3269has been so bypassed or rejected on any future certification from the same original appointment |
---|
3445 | 3445 | | 3270eligible list unless directed to do so by the commission. CORRECTED |
---|
3446 | 3446 | | 150 of 319 |
---|
3447 | 3447 | | 3271 SECTION 132. Said section 27 of said chapter 31, as so appearing, is hereby further |
---|
3448 | 3448 | | 3272amended by striking out the second paragraph and inserting in place thereof the following |
---|
3449 | 3449 | | 3273paragraph:- |
---|
3450 | 3450 | | 3274 If an appointing authority makes an original or promotional appointment from a |
---|
3451 | 3451 | | 3275certification of any qualified person other than the qualified person whose name appears highest, |
---|
3452 | 3452 | | 3276and the person whose name ranks highest on the certification is willing to accept such |
---|
3453 | 3453 | | 3277appointment, the appointing authority shall immediately provide to the person who ranked |
---|
3454 | 3454 | | 3278highest a written statement of the reasons for appointing the person whose name was not highest |
---|
3455 | 3455 | | 3279and such appointment shall be effective only when such statement of reasons has been provided. |
---|
3456 | 3456 | | 3280This written statement shall notify the bypassed individual of their right to appeal to the |
---|
3457 | 3457 | | 3281commission, should the reasons proffered not be deemed by the individual sound and sufficient, |
---|
3458 | 3458 | | 3282within 60 days of issuance of the statement of reasons. In response to a public records request, |
---|
3459 | 3459 | | 3283the appointing authority shall make a copy of such statement available for inspection. |
---|
3460 | 3460 | | 3284 SECTION 133. Section 33 of said chapter 31, as so appearing, is hereby amended by |
---|
3461 | 3461 | | 3285striking out, in lines 5 to 6, the word “department” and inserting in place thereof the following |
---|
3462 | 3462 | | 3286word:- departmental. |
---|
3463 | 3463 | | 3287 SECTION 134. Section 41A of said chapter 31, as so appearing, is hereby amended by |
---|
3464 | 3464 | | 3288striking out, in line 4, the word “chairman” and inserting in place thereof the following word:- |
---|
3465 | 3465 | | 3289chair. |
---|
3466 | 3466 | | 3290 SECTION 135. The first paragraph of section 42 of said chapter 31, as so appearing, is |
---|
3467 | 3467 | | 3291hereby further amended by striking out the third sentence and inserting in place thereof the |
---|
3468 | 3468 | | 3292following sentence:- If the commission finds that the appointing authority has failed to follow CORRECTED |
---|
3469 | 3469 | | 151 of 319 |
---|
3470 | 3470 | | 3293said requirements and that the rights of said person have been prejudiced thereby, the |
---|
3471 | 3471 | | 3294commission may order the appointing authority to restore said person to employment |
---|
3472 | 3472 | | 3295immediately with or without loss of compensation or other rights. |
---|
3473 | 3473 | | 3296 SECTION 136. The first paragraph of section 43 of said chapter 31, as so appearing, is |
---|
3474 | 3474 | | 3297hereby amended by striking out the first 2 sentences and inserting in place thereof the following |
---|
3475 | 3475 | | 32982 sentences:- If a person aggrieved by a decision of an appointing authority made pursuant to |
---|
3476 | 3476 | | 3299section 41 shall, within 10 days after receiving written notice of such decision, appeal in writing |
---|
3477 | 3477 | | 3300to the commission, they shall be given a preliminary hearing before a member of the commission |
---|
3478 | 3478 | | 3301or some other disinterested person designated by the chair of the commission. The preliminary |
---|
3479 | 3479 | | 3302hearing shall occur within 60 days after docketing the appeal and, if required, a full evidentiary |
---|
3480 | 3480 | | 3303hearing shall commence within 180 days after docketing the appeal, unless the parties otherwise |
---|
3481 | 3481 | | 3304agree or a member of the commission determines, as a matter of discretion, that a continuance is |
---|
3482 | 3482 | | 3305necessary. |
---|
3483 | 3483 | | 3306 SECTION 137. The second paragraph of said section 43 of said chapter 31, as so |
---|
3484 | 3484 | | 3307appearing, is hereby amended by striking out the first sentence and inserting in place thereof the |
---|
3485 | 3485 | | 3308following sentence:- If the commission determines, by a preponderance of the evidence, that |
---|
3486 | 3486 | | 3309there was just cause for an action taken against such person, it shall affirm the action of the |
---|
3487 | 3487 | | 3310appointing authority and deny the appeal; provided, however, that if the commission does not so |
---|
3488 | 3488 | | 3311determine, it shall reverse the action and allow the appeal, in whole or in part, and the person |
---|
3489 | 3489 | | 3312concerned may be returned to their position with or without loss of compensation or other |
---|
3490 | 3490 | | 3313benefits and subject to such other orders as the commission may deem appropriate to restore and |
---|
3491 | 3491 | | 3314protect the rights provided to such person under this chapter; provided, further, that if the |
---|
3492 | 3492 | | 3315preponderance of the evidence establishes that the action was based upon harmful error in the CORRECTED |
---|
3493 | 3493 | | 152 of 319 |
---|
3494 | 3494 | | 3316application of the appointing authority’s procedure, an error of law or upon any factor or conduct |
---|
3495 | 3495 | | 3317on the part of the employee not reasonably related to the fitness of the employee to perform in |
---|
3496 | 3496 | | 3318the position, the commission shall allow the appeal, in whole or in part, and the person |
---|
3497 | 3497 | | 3319concerned may be returned to their position with or without loss of compensation or other |
---|
3498 | 3498 | | 3320benefits. |
---|
3499 | 3499 | | 3321 SECTION 138. Section 45 of said chapter 31, as so appearing, is hereby amended by |
---|
3500 | 3500 | | 3322striking out the first paragraph and inserting in place thereof the following paragraph:- |
---|
3501 | 3501 | | 3323 An aggrieved individual who has prevailed in any appeal brought under this chapter shall |
---|
3502 | 3502 | | 3324be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a state |
---|
3503 | 3503 | | 3325official, by the comptroller of the commonwealth, the following expenditures: (i) the filing fee |
---|
3504 | 3504 | | 3326paid to the commission; (ii) an amount not to exceed $1,500 for attorneys’ fees actually incurred |
---|
3505 | 3505 | | 3327in conjunction with each of the following: (A) an appointing authority hearing; (B) a hearing |
---|
3506 | 3506 | | 3328before the commission; and (C) an action for judicial review pursuant to section 44; and (iii) an |
---|
3507 | 3507 | | 3329amount not to exceed $500 for summons to witnesses and any other expenses actually incurred |
---|
3508 | 3508 | | 3330in such successful appeal. In addition to the amounts stated above, the commission may award |
---|
3509 | 3509 | | 3331such additional reasonable attorneys’ fees and costs up to $25,000 to an appellant who prevails in |
---|
3510 | 3510 | | 3332an appeal brought under this chapter, upon an express finding of either bad faith on the part of |
---|
3511 | 3511 | | 3333the appointing authority or an egregious or willfully repeated violation of this chapter, unless |
---|
3512 | 3512 | | 3334special circumstances would render such additional award unjust. |
---|
3513 | 3513 | | 3335 SECTION 139. Section 47A of said chapter 31, as so appearing, is hereby amended by |
---|
3514 | 3514 | | 3336striking out, in line 50, the word “handicapped” and inserting in place thereof the following |
---|
3515 | 3515 | | 3337word:- disabled. CORRECTED |
---|
3516 | 3516 | | 153 of 319 |
---|
3517 | 3517 | | 3338 SECTION 140. Section 48 of said chapter 31 is hereby amended by striking out, in line |
---|
3518 | 3518 | | 333938, as so appearing, the word “selectmen” and inserting in place thereof the following words:- |
---|
3519 | 3519 | | 3340select boards. |
---|
3520 | 3520 | | 3341 SECTION 141. Said section 48 of said chapter 31 is hereby further amended by striking |
---|
3521 | 3521 | | 3342out, in line 74, as so appearing, the word “men” and inserting in place thereof the following |
---|
3522 | 3522 | | 3343word:- persons. |
---|
3523 | 3523 | | 3344 SECTION 142. Section 53 of said chapter 31, as so appearing, is hereby amended by |
---|
3524 | 3524 | | 3345striking out, in line 17, the words “board of selectmen” and inserting in place thereof the |
---|
3525 | 3525 | | 3346following words:- select board. |
---|
3526 | 3526 | | 3347 SECTION 143. Section 58 of said chapter 31, as so appearing, is hereby amended by |
---|
3527 | 3527 | | 3348striking out the third paragraph and inserting in place thereof the following 3 paragraphs:- |
---|
3528 | 3528 | | 3349 No applicant for examination for original appointment to the police force or fire force of |
---|
3529 | 3529 | | 3350a city or town shall be required, by rule or otherwise, to be a resident of such city or town at the |
---|
3530 | 3530 | | 3351time of filing an application for examination. If any person who has resided in a city or town for |
---|
3531 | 3531 | | 33521 year immediately prior to the date of examination for original appointment to the police force |
---|
3532 | 3532 | | 3353or fire force of the city or town has the same standing on the eligible list established as the result |
---|
3533 | 3533 | | 3354of the examination as another person who has not resided in the city or town, the administrator, |
---|
3534 | 3534 | | 3355when certifying names to the appointing authority for the police force or the fire force of the city |
---|
3535 | 3535 | | 3356or town, shall place the name of the person who has so resided ahead of the name of the person |
---|
3536 | 3536 | | 3357who has not so resided; provided, that upon written request of the appointing authority to the |
---|
3537 | 3537 | | 3358administrator, the administrator shall, when certifying names from the eligible list for original |
---|
3538 | 3538 | | 3359appointment to the police force or fire force of a city or town, place the names of all persons who CORRECTED |
---|
3539 | 3539 | | 154 of 319 |
---|
3540 | 3540 | | 3360have resided in the city or town for 1 year immediately prior to the date of examination ahead of |
---|
3541 | 3541 | | 3361the name of any person who has not so resided; provided further, that any applicant who earned a |
---|
3542 | 3542 | | 3362high school diploma from a public school located within the geographical confines of the city or |
---|
3543 | 3543 | | 3363town or so resided in the city or town when they received their public high school diploma shall |
---|
3544 | 3544 | | 3364have the same claim to preferential placement on the certification as those persons who have |
---|
3545 | 3545 | | 3365resided in the city or town for 1 year immediately prior to the date of examination. |
---|
3546 | 3546 | | 3366 In the case of a municipality, with a population of less than 75,000 inhabitants, seeking to |
---|
3547 | 3547 | | 3367draw from a regional pool of candidates, the administrator may, upon written request of the |
---|
3548 | 3548 | | 3368hiring authority, when certifying names from the eligible list for original appointment, place the |
---|
3549 | 3549 | | 3369names of all persons who have resided in another municipality within 10 miles of the perimeter |
---|
3550 | 3550 | | 3370of the requisitioning municipality ahead of the name of any person who has not so resided in or |
---|
3551 | 3551 | | 3371adjacent to the requisitioning municipality. In the case of a municipality with a population of |
---|
3552 | 3552 | | 3372more than 75,000 inhabitants, a public safety department appointing authority from that city and |
---|
3553 | 3553 | | 3373its counterpart from any other municipality may jointly petition the administrator to include on |
---|
3554 | 3554 | | 3374the portion of the eligible list of individuals seeking original appointment that are preferred on |
---|
3555 | 3555 | | 3375the basis of residency the names of candidates residing in those specifically-identified |
---|
3556 | 3556 | | 3376municipalities if the city appointing authority is so authorized to petition for expansion of the |
---|
3557 | 3557 | | 3377residency preference by a vote of the legislative body of the hiring municipality. Whenever the |
---|
3558 | 3558 | | 3378residency preference to be applied to eligible lists extends beyond the perimeter of the |
---|
3559 | 3559 | | 3379requisitioning municipality, the administrator shall specify the contours of the preference-eligible |
---|
3560 | 3560 | | 3380geographical zone on the administrator’s website. Thereafter, upon written request of the |
---|
3561 | 3561 | | 3381appointing authority to the administrator, the administrator shall, when certifying names from an |
---|
3562 | 3562 | | 3382eligible list for original appointment to the police or fire force of the municipality, place the CORRECTED |
---|
3563 | 3563 | | 155 of 319 |
---|
3564 | 3564 | | 3383names of all persons who satisfy the published criteria for residency preference ahead of the |
---|
3565 | 3565 | | 3384name of any person who does not satisfy the criteria. |
---|
3566 | 3566 | | 3385 Notwithstanding any general or special law to the contrary, any person who receives an |
---|
3567 | 3567 | | 3386appointment to the police force or fire force of a city or town shall within 9 months after |
---|
3568 | 3568 | | 3387appointment establish residence within such city or town or at any other place in the |
---|
3569 | 3569 | | 3388commonwealth that is within 10 miles of the perimeter of such city or town; provided, however, |
---|
3570 | 3570 | | 3389that a city or town may increase the 10-mile residency limit under a collective bargaining |
---|
3571 | 3571 | | 3390agreement negotiated under chapter 150E. |
---|
3572 | 3572 | | 3391 SECTION 144. Section 59 of said chapter 31, as so appearing, is hereby amended by |
---|
3573 | 3573 | | 3392striking out, in lines 6 and 7, the words “section sixty and by sections thirty-six and thirty-six A |
---|
3574 | 3574 | | 3393of chapter forty-eight” and inserting in place thereof the following words:- sections 59A and 60 |
---|
3575 | 3575 | | 3394and by sections 36 and 36A of chapter 48. |
---|
3576 | 3576 | | 3395 SECTION 145. Said section 59 of said chapter 31, as so appearing, is hereby further |
---|
3577 | 3577 | | 3396amended by striking out, in lines 12 and 14, the word “four”, both times it appears, and inserting |
---|
3578 | 3578 | | 3397in place thereof, in each instance, the following figure:- 2. |
---|
3579 | 3579 | | 3398 SECTION 146. Said section 59 of said chapter 31, as so appearing, is hereby further |
---|
3580 | 3580 | | 3399amended by striking out, in line 18, the words “one year after certification” and inserting in place |
---|
3581 | 3581 | | 3400thereof the following words:- 1 year after appointment and performance of the job duties. |
---|
3582 | 3582 | | 3401 SECTION 147. Said chapter 31 is hereby further amended by inserting after section 59 |
---|
3583 | 3583 | | 3402the following 4 sections:- CORRECTED |
---|
3584 | 3584 | | 156 of 319 |
---|
3585 | 3585 | | 3403 Section 59A. (a) Notwithstanding any general or special law to the contrary, the |
---|
3586 | 3586 | | 3404administrator may authorize an appointing authority to create its own registers of entry-level |
---|
3587 | 3587 | | 3405municipal police and firefighter candidates after the appointing authority has entered into a |
---|
3588 | 3588 | | 3406written agreement with the administrator to adhere in the hiring process to basic merit principles |
---|
3589 | 3589 | | 3407and to commit to recruiting and considering candidates of diverse backgrounds, and upon |
---|
3590 | 3590 | | 3408submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the |
---|
3591 | 3591 | | 3409administrator. |
---|
3592 | 3592 | | 3410 (b) An appointing authority that has entered into a written agreement with the |
---|
3593 | 3593 | | 3411administrator pursuant to subsection (a) may designate candidates to appear on a local public |
---|
3594 | 3594 | | 3412safety register from which candidates may be considered for original appointment to permanent |
---|
3595 | 3595 | | 3413police officer or firefighter. Sections 26 and 27 shall not apply to candidates designated by the |
---|
3596 | 3596 | | 3414appointing authority to be considered from the local public safety register. |
---|
3597 | 3597 | | 3415 (c) A candidate may be appointed as a permanent police officer from a local public safety |
---|
3598 | 3598 | | 3416register without having first passed the entry examination required by section 6 if they meet the |
---|
3599 | 3599 | | 3417minimum educational attainment and age requirements for appointment set forth in the second |
---|
3600 | 3600 | | 3418paragraph of section 58 and the health and physical fitness standards set forth in section 61A, |
---|
3601 | 3601 | | 3419and also satisfy 1 of the following conditions: (i) future successful completion of a prescribed |
---|
3602 | 3602 | | 3420course of study at a police academy approved by the municipal police training committee |
---|
3603 | 3603 | | 3421pursuant to section 96B of chapter 41; (ii) receipt of a passing mark, within the past 5 years, on: |
---|
3604 | 3604 | | 3422(A) a civil service examination for police officer administered by the administrator; (B) a |
---|
3605 | 3605 | | 3423qualifying examination administered by the appointing authority that has been validated by a |
---|
3606 | 3606 | | 3424test-development expert and that tests the knowledge, skills and abilities to perform the primary |
---|
3607 | 3607 | | 3425or dominant duties of the position; or (C) any other examination approved by the administrator in CORRECTED |
---|
3608 | 3608 | | 157 of 319 |
---|
3609 | 3609 | | 3426consultation with individuals deemed to be subject matter experts in the policing profession; (iii) |
---|
3610 | 3610 | | 3427current service in the commonwealth as a salaried police officer certified by the peace officer |
---|
3611 | 3611 | | 3428standards and training commission; (iv) graduation within the past 5 years from a police |
---|
3612 | 3612 | | 3429academy approved by the municipal police training committee; or (v) receipt of a waiver from |
---|
3613 | 3613 | | 3430the municipal police training committee excusing the named candidate from further academy |
---|
3614 | 3614 | | 3431training. |
---|
3615 | 3615 | | 3432 (d) No individual appointed as a police officer may perform the duties of a sworn police |
---|
3616 | 3616 | | 3433officer prior to completion of the prescribed course of study approved by the municipal police |
---|
3617 | 3617 | | 3434training committee pursuant to section 96B of chapter 41 or receipt of a waiver of such training |
---|
3618 | 3618 | | 3435requirement from the committee. |
---|
3619 | 3619 | | 3436 (e) A candidate may be appointed from a local public safety register as a permanent |
---|
3620 | 3620 | | 3437firefighter without having first passed the entry examination required by section 6 if they meet |
---|
3621 | 3621 | | 3438the minimum educational attainment and age requirements for appointment set forth in the |
---|
3622 | 3622 | | 3439second paragraph of section 58 and the health and physical fitness standards set forth in section |
---|
3623 | 3623 | | 344061A and satisfy 1 of the following conditions: (i) prior or proximately anticipated graduation |
---|
3624 | 3624 | | 3441from a fire academy, or anticipated completion within the next 12 months of another prescribed |
---|
3625 | 3625 | | 3442course of study culminating in certification, approved by the Massachusetts fire training council |
---|
3626 | 3626 | | 3443pursuant to section 165 of chapter 6; (ii) receipt of a passing mark, within the past 5 years, on: |
---|
3627 | 3627 | | 3444(A) a civil service examination for firefighter administered by the administrator; (B) a qualifying |
---|
3628 | 3628 | | 3445examination administered by the appointing authority that has been validated by a test- |
---|
3629 | 3629 | | 3446development expert and that tests the knowledge, skills and abilities to perform the primary or |
---|
3630 | 3630 | | 3447dominant duties of the position; or (C) any other examination approved by the administrator in |
---|
3631 | 3631 | | 3448consultation with individuals deemed to be subject matter experts in the firefighting profession; CORRECTED |
---|
3632 | 3632 | | 158 of 319 |
---|
3633 | 3633 | | 3449or (iii) current service, for a minimum of 6 months, in the commonwealth as a salaried |
---|
3634 | 3634 | | 3450firefighter; or (iv) past service as a salaried firefighter in another jurisdiction together with |
---|
3635 | 3635 | | 3451certification acceptable to the Massachusetts fire training council. |
---|
3636 | 3636 | | 3452 (f) In all cases, whether involving either police or fire position candidacies under this |
---|
3637 | 3637 | | 3453section, no appointment shall be deemed effective for civil service purposes until notification of |
---|
3638 | 3638 | | 3454the appointment to the administrator in a manner prescribed by the administrator. Nothing in this |
---|
3639 | 3639 | | 3455section regarding the appointment of candidates from a local public safety register shall be |
---|
3640 | 3640 | | 3456construed to apply to any municipal public safety personnel ranked above the entry-level |
---|
3641 | 3641 | | 3457position of police officer or firefighter. |
---|
3642 | 3642 | | 3458 (g) Upon investigation and substantiation by the commission of allegations that an |
---|
3643 | 3643 | | 3459appointing authority has violated material terms of the written agreement entered into with the |
---|
3644 | 3644 | | 3460administrator, the commission, in consultation with the administrator, may order modifications, |
---|
3645 | 3645 | | 3461suspension or termination of the agreement. |
---|
3646 | 3646 | | 3462 Section 59B. (a) Notwithstanding any general or special law to the contrary, the |
---|
3647 | 3647 | | 3463administrator may authorize an appointing authority to establish an entry-level police cadet |
---|
3648 | 3648 | | 3464program leading to civil service tenure. The cadet program shall be established by the appointing |
---|
3649 | 3649 | | 3465authority, in accordance with basic merit principles and section 21A of chapter 147, except that a |
---|
3650 | 3650 | | 3466person appointed as a police cadet shall not be required to reside in the municipality making the |
---|
3651 | 3651 | | 3467appointment and may be of any age once the person’s eighteenth birthday has transpired. Cadet |
---|
3652 | 3652 | | 3468program requirements shall be approved by both the administrator and an authorized designee of |
---|
3653 | 3653 | | 3469the municipal police training committee established in section 116 of chapter 6. A cadet shall not |
---|
3654 | 3654 | | 3470be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction CORRECTED |
---|
3655 | 3655 | | 159 of 319 |
---|
3656 | 3656 | | 3471be made from their compensation for the purpose thereof, but a cadet who satisfies all |
---|
3657 | 3657 | | 3472prerequisites for appointment to the police force of a city or town, and is appointed as a |
---|
3658 | 3658 | | 3473permanent full-time police officer, shall have their police cadet service considered as creditable |
---|
3659 | 3659 | | 3474service for purposes of retirement; provided, that the person pays into the annuity savings fund of |
---|
3660 | 3660 | | 3475the retirement system such amount as the retirement board determines equal to that which they |
---|
3661 | 3661 | | 3476would have paid had they been a member of the retirement system during the period of training |
---|
3662 | 3662 | | 3477as a police cadet. |
---|
3663 | 3663 | | 3478 (b) A cadet may be appointed to fill a vacancy in a position in the lowest grade of a |
---|
3664 | 3664 | | 3479municipal police force through a cadet appointment without certification from an eligible list. In |
---|
3665 | 3665 | | 3480order to maintain cadet-appointment status, the cadet shall pass a qualifying exam and be a |
---|
3666 | 3666 | | 3481member in good standing in the appointing authority-sponsored cadet program for a time period |
---|
3667 | 3667 | | 3482specified by the administrator but not less than 12 months. Upon successful completion of the |
---|
3668 | 3668 | | 3483cadet program and contingent upon graduation from a police academy approved by the |
---|
3669 | 3669 | | 3484municipal police training committee, the appointing authority may effectuate a civil service |
---|
3670 | 3670 | | 3485appointment of the cadet to the permanent police force through notification to the administrator. |
---|
3671 | 3671 | | 3486The appointee shall then serve the probationary period specified in section 61 before gaining |
---|
3672 | 3672 | | 3487tenure status. The appointing authority shall report in writing to the administrator any such |
---|
3673 | 3673 | | 3488permanent original appointment. |
---|
3674 | 3674 | | 3489 Section 59C. (a) Notwithstanding any general or special law to the contrary, any person |
---|
3675 | 3675 | | 3490who has completed not less than 24 months of service as a fire cadet may, subject to a program |
---|
3676 | 3676 | | 3491established by the head of the fire department as defined in section 1 of chapter 148, on behalf of |
---|
3677 | 3677 | | 3492a municipality accepting this chapter, which program has been approved by both the |
---|
3678 | 3678 | | 3493administrator and the Massachusetts fire training council established in section 164 of chapter 6, CORRECTED |
---|
3679 | 3679 | | 160 of 319 |
---|
3680 | 3680 | | 3494be appointed to fill a vacancy in a position in the lowest grade in the civil service fire force of the |
---|
3681 | 3681 | | 3495city or town without certification from an eligible list prepared under this chapter; provided, |
---|
3682 | 3682 | | 3496however, that such person shall be on a fire entrance eligible list prepared under this chapter or |
---|
3683 | 3683 | | 3497shall have passed another qualifying examination approved by the administrator. |
---|
3684 | 3684 | | 3498 (b) Any change in working conditions for incumbent firefighters directly precipitated by |
---|
3685 | 3685 | | 3499the employment of fire cadets shall trigger the bargaining obligations set forth in section 6 of |
---|
3686 | 3686 | | 3500chapter 150E. A cadet shall not be subject to or entitled to the benefits of any retirement or |
---|
3687 | 3687 | | 3501pension law nor shall any deduction be made from their compensation for the purpose thereof; |
---|
3688 | 3688 | | 3502provided, however, that a cadet who satisfies all prerequisites for appointment to the firefighting |
---|
3689 | 3689 | | 3503force of a city or town, and is appointed as a permanent full-time firefighter, shall have their fire |
---|
3690 | 3690 | | 3504cadet service considered as creditable service for purposes of retirement; provided further, that |
---|
3691 | 3691 | | 3505the cadet pays into the annuity savings fund of the retirement system such amount as the |
---|
3692 | 3692 | | 3506retirement board determines equal to that which they would have paid had they been a member |
---|
3693 | 3693 | | 3507of the retirement system during the period of training as a fire cadet. |
---|
3694 | 3694 | | 3508 Section 59D. The percentage of candidates appointed to a permanent position from a |
---|
3695 | 3695 | | 3509local public safety service register or a cadet program, pursuant to sections 59A to 59C, |
---|
3696 | 3696 | | 3510inclusive, shall not exceed, in the aggregate, more than 50 per cent of the appointing authority’s |
---|
3697 | 3697 | | 3511overall appointments to the entry-level police and firefighter ranks during the time period |
---|
3698 | 3698 | | 3512established by the written agreement between the administrator and the appointing authority that |
---|
3699 | 3699 | | 3513authorizes the alternative appointment methodologies permitted by this chapter. |
---|
3700 | 3700 | | 3514 SECTION 148. Sections 59A, 59C and 59D of chapter 31 of the General Laws, as |
---|
3701 | 3701 | | 3515inserted by section 147, are hereby repealed. CORRECTED |
---|
3702 | 3702 | | 161 of 319 |
---|
3703 | 3703 | | 3516 SECTION 149. Section 60A of said chapter 31, as appearing in the 2022 Official Edition, |
---|
3704 | 3704 | | 3517is hereby amended by striking out, in line 4, the word “selectmen” and inserting in place thereof |
---|
3705 | 3705 | | 3518the following words:- select board. |
---|
3706 | 3706 | | 3519 SECTION 150. Section 61 of said chapter 31, as so appearing, is hereby amended by |
---|
3707 | 3707 | | 3520adding the following sentence:- Unless otherwise provided by civil service rule, and with |
---|
3708 | 3708 | | 3521appropriate adjustments to the timing of performance evaluations called for therein, the second |
---|
3709 | 3709 | | 3522paragraph of section 34 shall apply to persons covered by this section. |
---|
3710 | 3710 | | 3523 SECTION 151. Section 63 of said chapter 31, as so appearing, is hereby amended by |
---|
3711 | 3711 | | 3524striking out, in line 25, the word “handicapping” and inserting in place thereof the following |
---|
3712 | 3712 | | 3525word:- disabling. |
---|
3713 | 3713 | | 3526 SECTION 152. Section 65 of said chapter 31, as so appearing, is hereby amended by |
---|
3714 | 3714 | | 3527striking out, in lines 8 and 10, the word “four”, both times it appears, and inserting in place |
---|
3715 | 3715 | | 3528thereof, in each instance, the following figure:- 2. |
---|
3716 | 3716 | | 3529 SECTION 153. Said section 65 of said chapter 31, as so appearing, is hereby further |
---|
3717 | 3717 | | 3530amended by adding the following paragraph:- |
---|
3718 | 3718 | | 3531 Unless otherwise provided by civil service rule, and with appropriate adjustments to the |
---|
3719 | 3719 | | 3532timing of performance evaluations called for therein, the second paragraph of section 34 shall |
---|
3720 | 3720 | | 3533apply to persons covered by this section. |
---|
3721 | 3721 | | 3534 SECTION 154. Section 67 of said chapter 31, as so appearing, is hereby amended by |
---|
3722 | 3722 | | 3535striking out, in lines 6 and 7, the words “and the seniority of such employee as determined |
---|
3723 | 3723 | | 3536pursuant to section thirty-three” and inserting in place thereof the following words:- , the CORRECTED |
---|
3724 | 3724 | | 162 of 319 |
---|
3725 | 3725 | | 3537seniority of such employee as determined pursuant to section 33 and available demographic data, |
---|
3726 | 3726 | | 3538in aggregate form, regarding the complement of civil service employees in each department. |
---|
3727 | 3727 | | 3539 SECTION 155. Said section 67 of said chapter 31, as so appearing, is hereby further |
---|
3728 | 3728 | | 3540amended by inserting after the word “the”, in line 21, the following words:- commission or the. |
---|
3729 | 3729 | | 3541 SECTION 156. Said section 67 of said chapter 31, as so appearing, is hereby further |
---|
3730 | 3730 | | 3542amended by striking out, in lines 23 and 24, the words “one hundred dollars” and inserting in |
---|
3731 | 3731 | | 3543place thereof the following figure:- $500. |
---|
3732 | 3732 | | 3544 SECTION 157. The second paragraph of section 72 of said chapter 31, as so appearing, is |
---|
3733 | 3733 | | 3545hereby amended by striking out the third sentence and inserting in place thereof the following |
---|
3734 | 3734 | | 3546sentence:- After conducting an inquiry pursuant to this paragraph, the commission or |
---|
3735 | 3735 | | 3547administrator may recommend to or order the appointing authority that such employee be |
---|
3736 | 3736 | | 3548removed or may make other appropriate recommendations or orders. |
---|
3737 | 3737 | | 3549 SECTION 158. Said section 72 of said chapter 31, as so appearing, is hereby further |
---|
3738 | 3738 | | 3550amended by inserting after the word “witnesses”, in line 18, the following words:- , demand to |
---|
3739 | 3739 | | 3551inspect documents. |
---|
3740 | 3740 | | 3552 SECTION 159. Section 73 of said chapter 31, as so appearing, is hereby amended by |
---|
3741 | 3741 | | 3553inserting after the word “of”, in line 1, the following words:- the commission or. |
---|
3742 | 3742 | | 3554 SECTION 160. Section 74 of said chapter 31, as so appearing, is hereby amended by |
---|
3743 | 3743 | | 3555striking out the third and fourth paragraphs and inserting in place thereof the following 2 |
---|
3744 | 3744 | | 3556paragraphs:- CORRECTED |
---|
3745 | 3745 | | 163 of 319 |
---|
3746 | 3746 | | 3557 No person making an appointment to any civil service position shall receive or consider a |
---|
3747 | 3747 | | 3558recommendation of an applicant for such appointment given by any member of the general court, |
---|
3748 | 3748 | | 3559board of alders or city council, except as to the character or residence of the applicant. |
---|
3749 | 3749 | | 3560 Any person who has been elected to public office by popular vote or by the board of |
---|
3750 | 3750 | | 3561alders or city council of a city or the select board of a town shall not be eligible to be designated |
---|
3751 | 3751 | | 3562as a representative of civil service. |
---|
3752 | 3752 | | 3563 SECTION 161. Said chapter 31 is hereby further amended by striking out section 75, as |
---|
3753 | 3753 | | 3564so appearing, and inserting in place thereof the following section:- |
---|
3754 | 3754 | | 3565 Section 75. No person shall deny or interfere with the right of civil service employees |
---|
3755 | 3755 | | 3566employed by any city or town to petition, individually or collectively, the city or town |
---|
3756 | 3756 | | 3567government or any member thereof, to furnish information to the mayor, city or town manager, |
---|
3757 | 3757 | | 3568city council, board of alders or select board or appear before any committee of such council or |
---|
3758 | 3758 | | 3569boards, or deny or interfere with the right of any civil service employees to petition, individually |
---|
3759 | 3759 | | 3570or collectively, the general court or any member thereof, to furnish information to either branch |
---|
3760 | 3760 | | 3571of the general court or appear before any of its committees or to furnish information to, or |
---|
3761 | 3761 | | 3572cooperate with, law enforcement authorities. This section shall not be construed to authorize an |
---|
3762 | 3762 | | 3573employee who is not on leave to be absent from employment without permission during regular |
---|
3763 | 3763 | | 3574working hours. |
---|
3764 | 3764 | | 3575 SECTION 162. Section 77 of said chapter 31, as so appearing, is hereby amended by |
---|
3765 | 3765 | | 3576inserting after the word “The”, in line 1, the following words:- commission or the. |
---|
3766 | 3766 | | 3577 SECTION 163. Said chapter 31 is hereby further amended by adding the following |
---|
3767 | 3767 | | 3578section:- CORRECTED |
---|
3768 | 3768 | | 164 of 319 |
---|
3769 | 3769 | | 3579 Section 78. (a) There shall be a permanent commission on recruitment, hiring and |
---|
3770 | 3770 | | 3580retention of municipal police officers and firefighters in the commonwealth to consist of 1 |
---|
3771 | 3771 | | 3581member appointed by the speaker of the house of representatives, who shall serve as co-chair, 1 |
---|
3772 | 3772 | | 3582member appointed by the president of the senate, who shall serve as co-chair and 1 member |
---|
3773 | 3773 | | 3583appointed by the governor, who shall serve as co-chair; and consisting of the following members |
---|
3774 | 3774 | | 3584or their designees: the chairs of the joint committee on public service and the chairs of the joint |
---|
3775 | 3775 | | 3585committee on public safety and homeland security, who may serve as vice chairs; the secretary |
---|
3776 | 3776 | | 3586of administration and finance; the chief human resources officer for the commonwealth; the chair |
---|
3777 | 3777 | | 3587of the civil service commission; the attorney general; the secretary of public safety and security; |
---|
3778 | 3778 | | 3588the chair of the Massachusetts peace officer standards and training commission; the executive |
---|
3779 | 3779 | | 3589director of the municipal police training committee; the president of the Massachusetts Chiefs of |
---|
3780 | 3780 | | 3590Police Association, Inc.; the president of the Massachusetts major city chiefs of police; the chair |
---|
3781 | 3781 | | 3591of the Massachusetts Law Enforcement Policy Group, Inc.; a representative of police officers |
---|
3782 | 3782 | | 3592selected by the co-chairs from candidates recommended from a major federation of police officer |
---|
3783 | 3783 | | 3593unions in the commonwealth; a member of a correctional officers’ union; the president of |
---|
3784 | 3784 | | 3594Massachusetts Association of Minority Law Enforcement Officers, Inc.; the president of |
---|
3785 | 3785 | | 3595Massachusetts Association of Women in Law Enforcement, Inc.; the chair of the Massachusetts |
---|
3786 | 3786 | | 3596fire training council; the state fire marshal; the president of Fire Chiefs’ Association of |
---|
3787 | 3787 | | 3597Massachusetts, Inc.; the president of the Professional Fire Fighters Association of Massachusetts; |
---|
3788 | 3788 | | 3598the secretary of veterans affairs; the president of the Massachusetts veteran service agents; the |
---|
3789 | 3789 | | 3599commander of the disabled veterans of Massachusetts; the executive director of Massachusetts |
---|
3790 | 3790 | | 3600Municipal Association, Inc.; the president of the Massachusetts Mayors Association, Inc.; the |
---|
3791 | 3791 | | 3601chair of the Massachusetts Municipal Human Resources Association; the executive director of CORRECTED |
---|
3792 | 3792 | | 165 of 319 |
---|
3793 | 3793 | | 3602the American Civil Liberties Union of Massachusetts, Inc.; the president of the Boston chapter of |
---|
3794 | 3794 | | 3603the New England area conference of the National Association for Advancement of Colored |
---|
3795 | 3795 | | 3604People; and the chair of the Massachusetts commission against discrimination. |
---|
3796 | 3796 | | 3605 (b) The co-chairs may appoint a steering committee and subcommittees to carry out the |
---|
3797 | 3797 | | 3606mandate of the commission. Members of the commission shall be subject to chapter 268A as it |
---|
3798 | 3798 | | 3607applies to special state employees and shall receive no compensation for their services. |
---|
3799 | 3799 | | 3608 (c) The commission shall be a resource to the commonwealth and municipalities on |
---|
3800 | 3800 | | 3609issues related to the recruitment, hiring and retention of highly qualified candidates of diverse |
---|
3801 | 3801 | | 3610backgrounds for municipal police officer and firefighter positions. In support of this objective, |
---|
3802 | 3802 | | 3611the commission may: (i) obtain, interpret and apply current research and evaluation data, |
---|
3803 | 3803 | | 3612including information reported pursuant to section 67, to program initiatives and policy |
---|
3804 | 3804 | | 3613development and identify and advocate for solutions to address gaps in strategies for |
---|
3805 | 3805 | | 3614employment of highly qualified and diverse municipal public safety personnel; and (ii) |
---|
3806 | 3806 | | 3615recommend measures to increase, where appropriate, representation within municipal public |
---|
3807 | 3807 | | 3616safety departments of historically under-represented populations, including, but not limited to, |
---|
3808 | 3808 | | 3617females and persons of color, and monitor the compliance by municipal public safety |
---|
3809 | 3809 | | 3618departments with any commitments they may have entered into to diversify their workforces. |
---|
3810 | 3810 | | 3619 (d) The commission may examine and evaluate the implementation of all reforms related |
---|
3811 | 3811 | | 3620to the recruitment, hiring and retention of municipal police officers and firefighters in the |
---|
3812 | 3812 | | 3621commonwealth made by the special legislative commission to study and examine the civil |
---|
3813 | 3813 | | 3622service law, personnel administration rules, hiring procedures and by-laws for municipalities not |
---|
3814 | 3814 | | 3623subject to the civil service law and state police hiring practices, established in section 107 of CORRECTED |
---|
3815 | 3815 | | 166 of 319 |
---|
3816 | 3816 | | 3624chapter 253 of the acts of 2020, by: (i) studying, reviewing and reporting on the hiring outcomes |
---|
3817 | 3817 | | 3625of: (A) any civil service appointments facilitated by sections 59A to 59C, inclusive; (B) reforms |
---|
3818 | 3818 | | 3626made to civil service residency preference provisions of section 58; and (C) any other civil |
---|
3819 | 3819 | | 3627service reforms implemented, including, but not limited to, the increased frequency of civil |
---|
3820 | 3820 | | 3628service examinations and the lowering of examination fees; and (ii) making recommendations: |
---|
3821 | 3821 | | 3629(A) to ensure that adopted reforms are being implemented consistent with the intent of the |
---|
3822 | 3822 | | 3630special legislative commission; and (B) for further legislation in furtherance of the commission’s |
---|
3823 | 3823 | | 3631mandate. |
---|
3824 | 3824 | | 3632 (e) The commission may examine and evaluate all aspects of the recruitment, hiring and |
---|
3825 | 3825 | | 3633retention of municipal police officers and firefighters in all municipalities in the commonwealth |
---|
3826 | 3826 | | 3634and make pertinent recommendations to agencies and officers of the commonwealth and local |
---|
3827 | 3827 | | 3635subdivisions of government not governed by this chapter that advance basic merit principles in |
---|
3828 | 3828 | | 3636the recruitment, hiring and retention of highly qualified police officers and firefighters of diverse |
---|
3829 | 3829 | | 3637backgrounds across the commonwealth. |
---|
3830 | 3830 | | 3638 (f) The commission may obtain from all state agencies and municipalities such |
---|
3831 | 3831 | | 3639information and assistance as the commission may require. |
---|
3832 | 3832 | | 3640 (g) Not later than July 1 of each year, the commission shall submit an annual report on its |
---|
3833 | 3833 | | 3641activities and findings, including any recommendations, to the governor, the clerks of the house |
---|
3834 | 3834 | | 3642of representatives and the senate, the joint committee on public service and the joint committee |
---|
3835 | 3835 | | 3643on public safety and homeland security. |
---|
3836 | 3836 | | 3644 SECTION 164. Section 59 of chapter 40 of the General Laws, as appearing in the 2022 |
---|
3837 | 3837 | | 3645Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “and pursuant to CORRECTED |
---|
3838 | 3838 | | 167 of 319 |
---|
3839 | 3839 | | 3646regulations issued by the economic assistance coordinating council established under section 3B |
---|
3840 | 3840 | | 3647of chapter 23A,”. |
---|
3841 | 3841 | | 3648 SECTION 165. Said section 59 of said chapter 40, as so appearing, is hereby further |
---|
3842 | 3842 | | 3649amended by striking out clause (i) and inserting in place thereof the following clause:- (i) |
---|
3843 | 3843 | | 3650includes a description of the parcels to be included in the agreement;. |
---|
3844 | 3844 | | 3651 SECTION 166. Said section 59 of said chapter 40, as so appearing, is hereby further |
---|
3845 | 3845 | | 3652amended by striking out, in line 30, the words “within such TIF area”. |
---|
3846 | 3846 | | 3653 SECTION 167. Said section 59 of said chapter 40, as so appearing, is hereby further |
---|
3847 | 3847 | | 3654amended by striking out, in lines 32 and 33, the words “as required by said regulations”. |
---|
3848 | 3848 | | 3655 SECTION 168. Said section 59 of said chapter 40, as so appearing, is hereby further |
---|
3849 | 3849 | | 3656amended by striking out clause (vii). |
---|
3850 | 3850 | | 3657 SECTION 169. Said section 59 of said chapter 40, as so appearing, is hereby further |
---|
3851 | 3851 | | 3658amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following |
---|
3852 | 3852 | | 3659figure:- (vii). |
---|
3853 | 3853 | | 3660 SECTION 170. Said section 59 of said chapter 40, as so appearing, is hereby further |
---|
3854 | 3854 | | 3661amended by striking out, in lines 91 and 92, the words “and the economic assistance |
---|
3855 | 3855 | | 3662coordinating council”. |
---|
3856 | 3856 | | 3663 SECTION 171. Section 6 of chapter 40A of the General Laws is hereby amended by |
---|
3857 | 3857 | | 3664striking out the second paragraph, as so appearing, and inserting in place thereof the following |
---|
3858 | 3858 | | 3665paragraph:- CORRECTED |
---|
3859 | 3859 | | 168 of 319 |
---|
3860 | 3860 | | 3666 A zoning ordinance or by-law shall provide that construction or operations under a |
---|
3861 | 3861 | | 3667building permit shall conform to any subsequent amendment of the ordinance or by-law unless |
---|
3862 | 3862 | | 3668the use or construction is commenced within a period of not more than 12 months after the |
---|
3863 | 3863 | | 3669issuance of the permit and, in cases involving construction, unless such construction is continued |
---|
3864 | 3864 | | 3670through to completion as continuously and expeditiously as is reasonable. Construction or |
---|
3865 | 3865 | | 3671operations under a special permit issued pursuant to section 9 or site plan approval pursuant to |
---|
3866 | 3866 | | 3672the local ordinance or by-law shall conform to any subsequent amendment of the zoning |
---|
3867 | 3867 | | 3673ordinance or by-law or of any other local land use regulations unless the use or construction is |
---|
3868 | 3868 | | 3674commenced within a period of 3 years after the issuance of the special permit or site plan |
---|
3869 | 3869 | | 3675approval and, in cases involving construction, unless such construction is continued through to |
---|
3870 | 3870 | | 3676completion as continuously and expeditiously as is reasonable. For the purpose of the prior |
---|
3871 | 3871 | | 3677sentence, construction involving the redevelopment of previously disturbed land shall be deemed |
---|
3872 | 3872 | | 3678to have commenced upon substantial investment in site preparation or infrastructure |
---|
3873 | 3873 | | 3679construction, and construction of developments intended to proceed in phases shall proceed |
---|
3874 | 3874 | | 3680expeditiously, but not continuously, among phases. |
---|
3875 | 3875 | | 3681 SECTION 172. Section 4G of chapter 40J of the General Laws, as so appearing, is |
---|
3876 | 3876 | | 3682hereby amended by inserting after the word “granted”, in line 21, the following words:- ; |
---|
3877 | 3877 | | 3683provided, however, that the University of Massachusetts may leverage funding sourced from an |
---|
3878 | 3878 | | 3684agency to meet the match requirement. |
---|
3879 | 3879 | | 3685 SECTION 173. Subsection (c) of section 6B of said chapter 40J, as most recently |
---|
3880 | 3880 | | 3686amended by section 179 of chapter 7 of the acts of 2023, is hereby further amended by striking |
---|
3881 | 3881 | | 3687out the last sentence. CORRECTED |
---|
3882 | 3882 | | 169 of 319 |
---|
3883 | 3883 | | 3688 SECTION 174. Chapter 40W of the General Laws is hereby repealed. |
---|
3884 | 3884 | | 3689 SECTION 175. Section 2 of chapter 43D of the General Laws, as appearing in the 2022 |
---|
3885 | 3885 | | 3690Official Edition, is hereby amended by striking out the definition of “Interagency permitting |
---|
3886 | 3886 | | 3691board”. |
---|
3887 | 3887 | | 3692 SECTION 176. Said section 2 of said chapter 43D, as so appearing, is hereby further |
---|
3888 | 3888 | | 3693amended by striking out the definition of “Priority development site” and inserting in place |
---|
3889 | 3889 | | 3694thereof the following 2 definitions:- |
---|
3890 | 3890 | | 3695 “Permit regulatory office”, the permit regulator office in the executive office of economic |
---|
3891 | 3891 | | 3696development established in section 3H of chapter 23A. |
---|
3892 | 3892 | | 3697 “Priority development site”, a privately or publicly owned property that is: (i) eligible |
---|
3893 | 3893 | | 3698under applicable zoning provisions, including special permits or other discretionary permits, for |
---|
3894 | 3894 | | 3699the development or redevelopment of a building of not less than 50,000 square feet of gross floor |
---|
3895 | 3895 | | 3700area in new or existing buildings or structures; and (ii) designated as a priority development site |
---|
3896 | 3896 | | 3701by the permit regulatory office; provided, however, that several parcels or projects may be |
---|
3897 | 3897 | | 3702included within a single priority development site. |
---|
3898 | 3898 | | 3703 SECTION 177. Said chapter 43D is hereby further amended by striking out section 3, as |
---|
3899 | 3899 | | 3704so appearing, and inserting in place thereof the following section:- |
---|
3900 | 3900 | | 3705 Section 3. (a) A governing body seeking designation of a priority development site shall |
---|
3901 | 3901 | | 3706file a formal proposal with the permit regulatory office. If the proposal includes an intention to |
---|
3902 | 3902 | | 3707develop housing within the priority development site, the governing body shall provide a copy of |
---|
3903 | 3903 | | 3708the proposal to the secretary of housing and livable communities. The proposal shall include: (i) CORRECTED |
---|
3904 | 3904 | | 170 of 319 |
---|
3905 | 3905 | | 3709a detailed description of the property; (ii) a good faith commitment to comply with this chapter; |
---|
3906 | 3906 | | 3710(iii) a description of the uses that could be developed within the priority development site; and |
---|
3907 | 3907 | | 3711(iv) such other information as the secretary shall, after consultation with the secretary of energy |
---|
3908 | 3908 | | 3712and environmental affairs, the secretary of housing and livable communities and the secretary of |
---|
3909 | 3909 | | 3713transportation, require by regulation or guidelines . |
---|
3910 | 3910 | | 3714 (b) The secretary shall by regulation or guidelines establish the criteria for designating |
---|
3911 | 3911 | | 3715priority development sites. These criteria shall include a preference for areas that include at least |
---|
3912 | 3912 | | 37161 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of |
---|
3913 | 3913 | | 3717development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas |
---|
3914 | 3914 | | 3718in which electric grid capacity can satisfy new all electric building. Priority development sites |
---|
3915 | 3915 | | 3719shall not include areas containing highly sensitive natural resources or areas in which |
---|
3916 | 3916 | | 3720development would be at significant risk from rising sea levels or other flood risk caused or |
---|
3917 | 3917 | | 3721exacerbated by climate change. |
---|
3918 | 3918 | | 3722 SECTION 178. Section 11 of said chapter 43D, as so appearing, is hereby amended by |
---|
3919 | 3919 | | 3723striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
3920 | 3920 | | 3724 (a) Permits shall not transfer automatically to successors in title except as provided in a |
---|
3921 | 3921 | | 3725local ordinance or by-law or in an applicable state law or regulation. |
---|
3922 | 3922 | | 3726 SECTION 179. Said chapter 43D is hereby further amended by striking out section 12, as |
---|
3923 | 3923 | | 3727so appearing, and inserting in place thereof the following section:- |
---|
3924 | 3924 | | 3728 Section 12. A municipality containing a priority development site shall receive priority |
---|
3925 | 3925 | | 3729consideration for: (i) grant programs administered by the executive office of economic |
---|
3926 | 3926 | | 3730development; (ii) state resources for business development including, but not limited to, quasi- CORRECTED |
---|
3927 | 3927 | | 171 of 319 |
---|
3928 | 3928 | | 3731public financing and training programs; (iii) brownfields remediation assistance administered by |
---|
3929 | 3929 | | 3732the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the |
---|
3930 | 3930 | | 3733regional planning council. Such state financial or technical assistance shall be used to facilitate |
---|
3931 | 3931 | | 3734development within the priority development site. Priority consideration for such grants and |
---|
3932 | 3932 | | 3735other financial assistance shall apply only to a municipality that is in compliance with the multi- |
---|
3933 | 3933 | | 3736family zoning requirements under section 3A of chapter 40A, if applicable. |
---|
3934 | 3934 | | 3737 SECTION 180. Section 13 of said chapter 43D is hereby repealed. |
---|
3935 | 3935 | | 3738 SECTION 181. Section 1 of chapter 55 of the General Laws, as appearing in the 2022 |
---|
3936 | 3936 | | 3739Official Edition, is hereby amended by inserting after the definition of “Candidate’s committee” |
---|
3937 | 3937 | | 3740the following definition:- |
---|
3938 | 3938 | | 3741 “Childcare services”, care services provided to a candidate’s child or dependent child |
---|
3939 | 3939 | | 3742including, but not limited to, baby-sitting services by an individual or a nonprofit or for-profit |
---|
3940 | 3940 | | 3743organization that provides such services and any other costs directly related to such services that |
---|
3941 | 3941 | | 3744occur as a result of campaign activities; provided, however, that expenses related to childcare |
---|
3942 | 3942 | | 3745services shall not include payments to a family member, as defined in section 1 of chapter 50, of |
---|
3943 | 3943 | | 3746a child, unless the family member owns, operates or is employed by a professional daycare or |
---|
3944 | 3944 | | 3747babysitting service or a nonprofit or for-profit organization that provides childcare services and |
---|
3945 | 3945 | | 3748the cost of the service is not greater than such family member would otherwise charge. |
---|
3946 | 3946 | | 3749 SECTION 182. Section 6 of said chapter 55, as so appearing, is hereby amended by |
---|
3947 | 3947 | | 3750inserting after the word “to”, in line 64, the following words:- the provision of childcare |
---|
3948 | 3948 | | 3751services,. CORRECTED |
---|
3949 | 3949 | | 172 of 319 |
---|
3950 | 3950 | | 3752 SECTION 183. Chapter 61A of the General Laws is hereby amended by striking out |
---|
3951 | 3951 | | 3753section 2, as so appearing, and inserting in place thereof the following section:- |
---|
3952 | 3952 | | 3754 Section 2. Land shall be considered to be in horticultural use when primarily and directly |
---|
3953 | 3953 | | 3755used in: (i) raising fruits, vegetables, berries, nuts and other foods for human consumption, feed |
---|
3954 | 3954 | | 3756for animals, tobacco, flower, sod, trees, nursery or greenhouse products and ornamental plants |
---|
3955 | 3955 | | 3757and shrubs for the purpose of selling such products or a product derived from such plants in the |
---|
3956 | 3956 | | 3758regular course of business; (ii) raising forest products under a certified forest management plan, |
---|
3957 | 3957 | | 3759approved by and subject to procedures established by the state forester, designed to improve the |
---|
3958 | 3958 | | 3760quantity and quality of a continuous crop for the purpose of selling these products in the regular |
---|
3959 | 3959 | | 3761course of business; or (iii) a related manner which is incidental to those uses and represents a |
---|
3960 | 3960 | | 3762customary and necessary use in raising such products and preparing them for market or the |
---|
3961 | 3961 | | 3763products derived therefrom for market. |
---|
3962 | 3962 | | 3764 SECTION 184. Section 6 of chapter 62 of the General Laws is hereby amended by |
---|
3963 | 3963 | | 3765striking out, in line 149, as so appearing, the words ““EDIP contract” and “proposed project”” |
---|
3964 | 3964 | | 3766and inserting in place thereof the following words:- “EDIP contract”, “proportion of |
---|
3965 | 3965 | | 3767compliance”, “proposed project” and “refundable credit”. |
---|
3966 | 3966 | | 3768 SECTION 185. Said section 6 of said chapter 62 is hereby further amended by striking |
---|
3967 | 3967 | | 3769out, in lines 154 to 157, inclusive, as so appearing, the words “, up to an amount equal to 50 per |
---|
3968 | 3968 | | 3770cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not |
---|
3969 | 3969 | | 3771apply where the credit is refundable under paragraph (6)”. |
---|
3970 | 3970 | | 3772 SECTION 186. Said section 6 of said chapter 62 is hereby further amended by striking |
---|
3971 | 3971 | | 3773out, in lines 159 to 163, inclusive, as so appearing, the words “; provided further, that a credit CORRECTED |
---|
3972 | 3972 | | 173 of 319 |
---|
3973 | 3973 | | 3774awarded in connection with a certified project that will retain permanent full-time employees in a |
---|
3974 | 3974 | | 3775gateway municipality without creating a net increase in permanent full-time employees shall not |
---|
3975 | 3975 | | 3776exceed $5,000 per retained employee”. |
---|
3976 | 3976 | | 3777 SECTION 187. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as |
---|
3977 | 3977 | | 3778most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further |
---|
3978 | 3978 | | 3779amended by striking out the last sentence and inserting in place thereof the following 2 |
---|
3979 | 3979 | | 3780sentences:- The EACC shall provide the commissioner with the documentation that the |
---|
3980 | 3980 | | 3781commissioner deems necessary to confirm compliance with the annual cap and the commissioner |
---|
3981 | 3981 | | 3782shall provide a report confirming compliance to the secretary of administration and finance and |
---|
3982 | 3982 | | 3783the secretary of economic development. Notwithstanding section 21 of chapter 62C, the |
---|
3983 | 3983 | | 3784department of revenue shall provide the EACC with documentation confirming tax credits |
---|
3984 | 3984 | | 3785claimed under this subsection by the owner or lessee of a certified project. |
---|
3985 | 3985 | | 3786 SECTION 188. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62, |
---|
3986 | 3986 | | 3787as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and |
---|
3987 | 3987 | | 3788inserting in place thereof the following sentence:- The amount of credits subject to recapture |
---|
3988 | 3988 | | 3789shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of |
---|
3989 | 3989 | | 3790its revocation process and reported to the taxpayer and the department of revenue at the time that |
---|
3990 | 3990 | | 3791certification is revoked. |
---|
3991 | 3991 | | 3792 SECTION 189. Said section 6 of said chapter 62, as so appearing, is hereby further |
---|
3992 | 3992 | | 3793amended by striking out, in line 949, the figure “$30,000,000” and inserting in place thereof the |
---|
3993 | 3993 | | 3794following figure:- $40,000,000. CORRECTED |
---|
3994 | 3994 | | 174 of 319 |
---|
3995 | 3995 | | 3795 SECTION 190. Said section 6 of said chapter 62, as most recently amended by section 12 |
---|
3996 | 3996 | | 3796of chapter 206 of the acts of 2024, is hereby further amended by striking out subsection (t). |
---|
3997 | 3997 | | 3797 SECTION 191. Said section 6 of said chapter 62 is hereby further amended by striking |
---|
3998 | 3998 | | 3798out, in line 1422, as appearing in the 2022 Official Edition, the figure “50” and inserting in place |
---|
3999 | 3999 | | 3799thereof the following figure:- 10. |
---|
4000 | 4000 | | 3800 SECTION 192. Said section 6 of said chapter 62 is hereby further amended by striking |
---|
4001 | 4001 | | 3801out, in line 1468, as so appearing, the word “its” and inserting in place thereof the following |
---|
4002 | 4002 | | 3802words:- the owner’s. |
---|
4003 | 4003 | | 3803 SECTION 193. Said section 6 of said chapter 62 is hereby further amended by striking |
---|
4004 | 4004 | | 3804out, in line 1488, as so appearing, the words “owner’s capital investment in” and inserting in |
---|
4005 | 4005 | | 3805place thereof the following words:- total leasable square footage of. |
---|
4006 | 4006 | | 3806 SECTION 194. Said section 6 of said chapter 62, as most recently amended by section 12 |
---|
4007 | 4007 | | 3807of chapter 206 of the acts 2024, is hereby further amended by adding the following 4 |
---|
4008 | 4008 | | 3808subsections:- |
---|
4009 | 4009 | | 3809 (ff)(1) As used in this subsection, the following words shall, unless the context clearly |
---|
4010 | 4010 | | 3810requires otherwise, have the following meanings: |
---|
4011 | 4011 | | 3811 “Advertising and public relations expenditure”, a cost incurred within the commonwealth |
---|
4012 | 4012 | | 3812by an eligible theater production for goods or services related to the marketing, public relations, |
---|
4013 | 4013 | | 3813creation and placement of print, electronic, television, billboards or other forms of advertising to |
---|
4014 | 4014 | | 3814promote the eligible theater production. CORRECTED |
---|
4015 | 4015 | | 175 of 319 |
---|
4016 | 4016 | | 3815 “Eligible theater production”, a live stage musical, dance or theatrical production or tour |
---|
4017 | 4017 | | 3816being presented in a qualified production facility that is either: (i) a pre-Broadway production; |
---|
4018 | 4018 | | 3817(ii) a pre-off Broadway production; (iii) a national tour launch; or (iv) a regional professional |
---|
4019 | 4019 | | 3818theater production. |
---|
4020 | 4020 | | 3819 “Eligible theater production certificate”, a certificate issued by the office, in consultation |
---|
4021 | 4021 | | 3820with the commissioner, certifying that a production is an eligible theater production that meets |
---|
4022 | 4022 | | 3821the rules or regulations of the office and has been awarded a tax credit in a specified amount, |
---|
4023 | 4023 | | 3822pursuant to section 3M of chapter 23A. |
---|
4024 | 4024 | | 3823 “National tour launch”, a live stage production that, in its original or adaptive version, is |
---|
4025 | 4025 | | 3824performed in a qualified production facility and opens its national tour in the commonwealth. |
---|
4026 | 4026 | | 3825 “Office”, the Massachusetts office of business development established in section 1 |
---|
4027 | 4027 | | 3826of chapter 23A or any constituent office thereof. |
---|
4028 | 4028 | | 3827 “Payroll”, all salaries, wages, fees and other compensation from sources within the |
---|
4029 | 4029 | | 3828commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred |
---|
4030 | 4030 | | 3829or paid to talent and non-talent employees of the applicant for services rendered within the |
---|
4031 | 4031 | | 3830commonwealth to and on behalf of an eligible theater production; provided, that the payroll |
---|
4032 | 4032 | | 3831expenditure shall be incurred or paid by the applicant for services related to any portion of an |
---|
4033 | 4033 | | 3832eligible theater production from its pre-production stages, including, but not limited to: (i) the |
---|
4034 | 4034 | | 3833writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from |
---|
4035 | 4035 | | 3834vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x) |
---|
4036 | 4036 | | 3835performances; (xi) other eligible theater production related activities; and (xii) load out; and |
---|
4037 | 4037 | | 3836provided further, that the payroll expenditure shall be directly attributable to the eligible theater CORRECTED |
---|
4038 | 4038 | | 176 of 319 |
---|
4039 | 4039 | | 3837production and shall be limited to the first $100,000 of wages incurred or paid to each |
---|
4040 | 4040 | | 3838employee of an eligible theater production in each tax year. |
---|
4041 | 4041 | | 3839 “Pre-Broadway production”, a live stage production that, in its original or adaptive |
---|
4042 | 4042 | | 3840version, is performed in a qualified production facility having a presentation scheduled for |
---|
4043 | 4043 | | 3841the city of New York’s Broadway theater district within 24 months after its presentation in |
---|
4044 | 4044 | | 3842the commonwealth. |
---|
4045 | 4045 | | 3843 “Pre-off-Broadway production”, a live stage production that, in its original or |
---|
4046 | 4046 | | 3844adaptive version, is performed in a qualified production facility having a presentation scheduled |
---|
4047 | 4047 | | 3845for the city of New York’s off-Broadway theater district within 24 months after its presentation |
---|
4048 | 4048 | | 3846in the commonwealth. |
---|
4049 | 4049 | | 3847 “Production and performance expenditures”, a contemporaneous exchange of cash or |
---|
4050 | 4050 | | 3848cash equivalent for goods or services related to development, production, performance or |
---|
4051 | 4051 | | 3849operating expenditures incurred in the commonwealth for a qualified theater production, |
---|
4052 | 4052 | | 3850including, but not limited to, expenditures for design, construction and operation, including sets, |
---|
4053 | 4053 | | 3851special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with |
---|
4054 | 4054 | | 3852sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals, |
---|
4055 | 4055 | | 3853per diems, accommodations and other related costs. |
---|
4056 | 4056 | | 3854 “Qualified production facility”, a facility located in the commonwealth in which live |
---|
4057 | 4057 | | 3855theater productions are, or are intended to be, exclusively presented that contains at least 1 stage, |
---|
4058 | 4058 | | 3856a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary |
---|
4059 | 4059 | | 3857amenities necessary for the eligible theater production. CORRECTED |
---|
4060 | 4060 | | 177 of 319 |
---|
4061 | 4061 | | 3858 “Regional professional theater production”, a live stage production that is performed in a |
---|
4062 | 4062 | | 3859qualified production facility with a professional cast and crew. |
---|
4063 | 4063 | | 3860 “Transportation expenditures”, expenses incurred in the commonwealth for the |
---|
4064 | 4064 | | 3861packaging, crating and transportation both to the commonwealth for use in a qualified theater |
---|
4065 | 4065 | | 3862production of sets, costumes or other tangible property constructed or manufactured outside the |
---|
4066 | 4066 | | 3863commonwealth, or from the commonwealth after use in a qualified theater production of sets, |
---|
4067 | 4067 | | 3864costumes or other tangible property constructed or manufactured in the commonwealth and the |
---|
4068 | 4068 | | 3865transportation of the cast and crew to and from the commonwealth; provided, that “transportation |
---|
4069 | 4069 | | 3866expenditures” shall include any portion performed in the commonwealth of the packaging, |
---|
4070 | 4070 | | 3867crating and transporting of property and equipment used for special and visual effects, sound, |
---|
4071 | 4071 | | 3868lighting and staging, costumes, wardrobes, make-up and related accessories and materials and |
---|
4072 | 4072 | | 3869any other performance or production-related property and equipment. |
---|
4073 | 4073 | | 3870 (2) Any taxpayer that has been awarded an eligible theater production certificate and has |
---|
4074 | 4074 | | 3871completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be |
---|
4075 | 4075 | | 3872allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed |
---|
4076 | 4076 | | 3873$7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent |
---|
4077 | 4077 | | 3874of the production and performance expenditures; and (iii) 25 per cent of transportation |
---|
4078 | 4078 | | 3875expenditures. Additionally, the credit shall not exceed the amount of credit specified in the |
---|
4079 | 4079 | | 3876eligible theater production certificate. |
---|
4080 | 4080 | | 3877 (3) The tax credit shall be allowed against the tax for the taxable period in which the |
---|
4081 | 4081 | | 3878credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year |
---|
4082 | 4082 | | 3879may be carried forward for not more than 5 succeeding tax years. CORRECTED |
---|
4083 | 4083 | | 178 of 319 |
---|
4084 | 4084 | | 3880 (4) If a taxpayer has not claimed the tax credits, in whole or part, a taxpayer eligible for |
---|
4085 | 4085 | | 3881the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or |
---|
4086 | 4086 | | 3882otherwise to any individual or entity, and such assignee of the tax credits that have not |
---|
4087 | 4087 | | 3883claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in |
---|
4088 | 4088 | | 3884whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits |
---|
4089 | 4089 | | 3885may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed |
---|
4090 | 4090 | | 3886pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the |
---|
4091 | 4091 | | 3887assignee for not more than 5 succeeding tax years from the date an eligible theater production |
---|
4092 | 4092 | | 3888certificate is first issued by the office. The assignor shall perfect the transfer by notifying the |
---|
4093 | 4093 | | 3889commissioner, in writing, within 30 calendar days following the effective date of the transfer and |
---|
4094 | 4094 | | 3890shall provide any information as may be required by the commissioner to administer and carry |
---|
4095 | 4095 | | 3891out this subsection. |
---|
4096 | 4096 | | 3892 (5) The commissioner shall promulgate such rules and regulations necessary for the |
---|
4097 | 4097 | | 3893administration of this subsection. |
---|
4098 | 4098 | | 3894 (gg)(1) As used in this subsection, the following words shall have the following meanings |
---|
4099 | 4099 | | 3895unless the context clearly requires otherwise:- |
---|
4100 | 4100 | | 3896 “Capital investment”, expenses incurred for the site preparation and construction, repair, |
---|
4101 | 4101 | | 3897renovation, improvement or equipping of a building, structure or facility or other improvements |
---|
4102 | 4102 | | 3898to real property including, but not limited to, site-related utility and transportation infrastructure |
---|
4103 | 4103 | | 3899improvements. |
---|
4104 | 4104 | | 3900 “Center”, the Massachusetts clean energy technology center established in section 2 of |
---|
4105 | 4105 | | 3901chapter 23J. CORRECTED |
---|
4106 | 4106 | | 179 of 319 |
---|
4107 | 4107 | | 3902 “Certified climatetech company”, as defined in section 1 of chapter 23J. |
---|
4108 | 4108 | | 3903 “Climatetech facility”, any building, complex of buildings or structural components of |
---|
4109 | 4109 | | 3904buildings, including access infrastructure and machinery and equipment used in the research, |
---|
4110 | 4110 | | 3905manufacturing, assembly, development, provision or administration of goods or services in the |
---|
4111 | 4111 | | 3906climatetech sector. |
---|
4112 | 4112 | | 3907 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech |
---|
4113 | 4113 | | 3908facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years. |
---|
4114 | 4114 | | 3909 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech |
---|
4115 | 4115 | | 3910facility. |
---|
4116 | 4116 | | 3911 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive program |
---|
4117 | 4117 | | 3912established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed |
---|
4118 | 4118 | | 3913by this chapter in an amount, as determined by the center, of not more than 50 per cent of the |
---|
4119 | 4119 | | 3914owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded |
---|
4120 | 4120 | | 3915pursuant to this subsection shall be distributed in equal parts over the 5 taxable years that |
---|
4121 | 4121 | | 3916correspond with the period in which the owner or tenant is certified pursuant to said section 16 of |
---|
4122 | 4122 | | 3917said chapter 23J. |
---|
4123 | 4123 | | 3918 (3) An owner shall be eligible for a tax credit authorized under this subsection if the |
---|
4124 | 4124 | | 3919owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) |
---|
4125 | 4125 | | 3920owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii) |
---|
4126 | 4126 | | 3921climatetech facility will employ not less than 50 new full-time employees by the fifth year of the |
---|
4127 | 4127 | | 3922owner's certification period under section 16 of chapter 23J. Upon verification, the center shall |
---|
4128 | 4128 | | 3923provide this information to the department of revenue for the purpose of administering the credit. CORRECTED |
---|
4129 | 4129 | | 180 of 319 |
---|
4130 | 4130 | | 3924 (4) A tenant shall be eligible for a tax credit authorized under this subsection if the tenant |
---|
4131 | 4131 | | 3925demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has |
---|
4132 | 4132 | | 3926made a total capital investment in the facility that is not less than $5,000,000; (iii) tenant |
---|
4133 | 4133 | | 3927occupies a leased area of the climatetech facility that represents not less than 25 per cent of the |
---|
4134 | 4134 | | 3928total leasable square footage of the facility; and (iv) tenant will employ not less 13 full-time |
---|
4135 | 4135 | | 3929employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. |
---|
4136 | 4136 | | 3930Upon verification, the center shall provide this information to the department of revenue for the |
---|
4137 | 4137 | | 3931purpose of administering the credit. The amount of tax credits awarded under this subsection to a |
---|
4138 | 4138 | | 3932tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the |
---|
4139 | 4139 | | 3933climatetech facility for the taxable year. |
---|
4140 | 4140 | | 3934 (5) The department of revenue shall issue the refundable portion of the credit without |
---|
4141 | 4141 | | 3935further appropriation and in accordance with the cumulative amount, including the current year |
---|
4142 | 4142 | | 3936costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set |
---|
4143 | 4143 | | 3937forth in subsection (d) of section 16 of chapter 23J. |
---|
4144 | 4144 | | 3938 (6) The credit under this subsection shall be attributed on a pro rata basis to the owners, |
---|
4145 | 4145 | | 3939partners or members of the legal entity entitled to the credit under this subsection and shall be |
---|
4146 | 4146 | | 3940allowed as a credit against the tax due under this chapter from such owners, partners or members |
---|
4147 | 4147 | | 3941in a manner determined by the commissioner. |
---|
4148 | 4148 | | 3942 (7) The department of revenue shall promulgate such rules and regulations as necessary |
---|
4149 | 4149 | | 3943to administer the credit established in this subsection. |
---|
4150 | 4150 | | 3944 (hh)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program |
---|
4151 | 4151 | | 3945established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax CORRECTED |
---|
4152 | 4152 | | 181 of 319 |
---|
4153 | 4153 | | 3946liability imposed under this chapter in an amount determined by the Massachusetts clean energy |
---|
4154 | 4154 | | 3947technology center established in section 2 of said chapter 23J, in consultation with the |
---|
4155 | 4155 | | 3948department of revenue. |
---|
4156 | 4156 | | 3949 (2) A taxpayer taking a credit under this subsection shall commit to the creation of not |
---|
4157 | 4157 | | 3950less than 5 net new permanent full-time employees in the commonwealth. |
---|
4158 | 4158 | | 3951 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer under |
---|
4159 | 4159 | | 3952this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds |
---|
4160 | 4160 | | 3953the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per |
---|
4161 | 4161 | | 3954cent of such excess credit, to the extent authorized by the climatetech tax incentive program, |
---|
4162 | 4162 | | 3955shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other |
---|
4163 | 4163 | | 3956taxable years. |
---|
4164 | 4164 | | 3957 (4) The department of revenue shall issue the refundable portion of the jobs credit |
---|
4165 | 4165 | | 3958without further appropriation and in accordance with the cumulative amount, including the |
---|
4166 | 4166 | | 3959current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 |
---|
4167 | 4167 | | 3960annually as set forth in subsection (d) of section 16 of chapter 23J. |
---|
4168 | 4168 | | 3961 (5) The credit under this subsection shall be attributed on a pro rata basis to the owners, |
---|
4169 | 4169 | | 3962partners or members of the legal entity entitled to the credit under this subsection and shall be |
---|
4170 | 4170 | | 3963allowed as a credit against the tax due under this chapter from such owners, partners or members |
---|
4171 | 4171 | | 3964in a manner determined by the commissioner. |
---|
4172 | 4172 | | 3965 (ii)(1) An employer engaged in business in the commonwealth, which is not a business |
---|
4173 | 4173 | | 3966corporation subject to the excise under chapter 63, may be allowed a credit in each taxable year |
---|
4174 | 4174 | | 3967against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid CORRECTED |
---|
4175 | 4175 | | 182 of 319 |
---|
4176 | 4176 | | 3968to each net-new qualified intern employed in the taxable year, whichever is less. If a credit |
---|
4177 | 4177 | | 3969allowed pursuant to this subsection exceeds the tax otherwise due under this chapter, 100 per |
---|
4178 | 4178 | | 3970cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer. |
---|
4179 | 4179 | | 3971 (2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be |
---|
4180 | 4180 | | 3972enrolled in or a recent graduate of a public or private institution of higher education located in |
---|
4181 | 4181 | | 3973the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer |
---|
4182 | 4182 | | 3974for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the |
---|
4183 | 4183 | | 3975employer shall demonstrate that the total number of interns employed in the taxable year exceeds |
---|
4184 | 4184 | | 3976the average number of interns employed by the taxpayer per year over the previous 3 years. An |
---|
4185 | 4185 | | 3977intern shall not be qualified if the intern participating in another internship or apprenticeship |
---|
4186 | 4186 | | 3978program for which an employer has claimed a credit in the taxable year under this subsection or |
---|
4187 | 4187 | | 3979chapter 63. |
---|
4188 | 4188 | | 3980 (3) The total cumulative value of the credits authorized pursuant to this subsection and |
---|
4189 | 4189 | | 3981section 38UU of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim |
---|
4190 | 4190 | | 3982more than $100,000 in credits under this subsection for any taxable year. A credit allowed under |
---|
4191 | 4191 | | 3983this subsection shall not be transferable. |
---|
4192 | 4192 | | 3984 (4) The credit under this subsection shall be attributed on a pro rata basis to the owners, |
---|
4193 | 4193 | | 3985partners or members of the legal entity entitled to the credit under this subsection and shall be |
---|
4194 | 4194 | | 3986allowed as a credit against the tax due under this chapter of such owners, partners or members, in |
---|
4195 | 4195 | | 3987a manner determined by the commissioner. |
---|
4196 | 4196 | | 3988 (5) The executive office of economic development, in consultation with the |
---|
4197 | 4197 | | 3989commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to CORRECTED |
---|
4198 | 4198 | | 183 of 319 |
---|
4199 | 4199 | | 3990this subsection and section 38UU of chapter 63 and shall allocate the credit in accordance with |
---|
4200 | 4200 | | 3991the standards and requirements set forth in regulations promulgated pursuant to this subsection. |
---|
4201 | 4201 | | 3992The secretary of economic development, in consultation with the commissioner, shall |
---|
4202 | 4202 | | 3993promulgate regulations establishing an application process for the credit. |
---|
4203 | 4203 | | 3994 (6) The secretary of economic development shall annually file a report with the house and |
---|
4204 | 4204 | | 3995senate committees on ways and means, the joint committee on economic development and |
---|
4205 | 4205 | | 3996emerging technologies and the joint committee on labor and workforce development identifying |
---|
4206 | 4206 | | 3997the following: (i) total amount of tax credits claimed pursuant to this subsection and section |
---|
4207 | 4207 | | 399838UU of chapter 63; (ii) the number of participating interns; and (iii) the number of participating |
---|
4208 | 4208 | | 3999employers. In the fourth submission of said annual report, the secretary of economic |
---|
4209 | 4209 | | 4000development shall provide an assessment of the effectiveness of the credit offered under this |
---|
4210 | 4210 | | 4001subsection and section 38UU of chapter 63 in achieving the goal of retaining graduating talent in |
---|
4211 | 4211 | | 4002the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may |
---|
4212 | 4212 | | 4003provide to the secretary of economic development de-identified, statistical tax return information |
---|
4213 | 4213 | | 4004related to the tax filings of former participating interns for the 5 tax years beginning after the |
---|
4214 | 4214 | | 4005conclusion of the internship to evaluate whether former interns are employed and domiciled in |
---|
4215 | 4215 | | 4006the commonwealth after the internship; provided, that such information shall be shared in a |
---|
4216 | 4216 | | 4007manner that prevents the identification of particular tax returns. |
---|
4217 | 4217 | | 4008 SECTION 195. Subsection (a) of section 31M of chapter 63 of the General Laws, as |
---|
4218 | 4218 | | 4009appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Life |
---|
4219 | 4219 | | 4010sciences” and inserting in place thereof the following definition:- CORRECTED |
---|
4220 | 4220 | | 184 of 319 |
---|
4221 | 4221 | | 4011 “Life sciences”, advanced and applied sciences that expand the understanding of human |
---|
4222 | 4222 | | 4012physiology and have the potential to lead to medical advances or therapeutic applications, |
---|
4223 | 4223 | | 4013including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical |
---|
4224 | 4224 | | 4014engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial |
---|
4225 | 4225 | | 4015intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, |
---|
4226 | 4226 | | 4016marine biology, marine technology, medical technology, medical devices, nanotechnology, |
---|
4227 | 4227 | | 4017natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA |
---|
4228 | 4228 | | 4018interference, stem cell research and veterinary science. |
---|
4229 | 4229 | | 4019 SECTION 196. Section 38M of said chapter 63, as so appearing, is hereby amended by |
---|
4230 | 4230 | | 4020striking out, in lines 120 and 121, the words “and (ii) equipment for the federal National |
---|
4231 | 4231 | | 4021Aeronautics and Space Administration”, and inserting in place thereof the following words:- |
---|
4232 | 4232 | | 4022 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii) |
---|
4233 | 4233 | | 4023medical countermeasures, including, but not limited to: (A) medicines and medical supplies that |
---|
4234 | 4234 | | 4024can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or |
---|
4235 | 4235 | | 4025nuclear threats; (B) biologic products, vaccines, blood products and antibodies; and (C) |
---|
4236 | 4236 | | 4026antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective |
---|
4237 | 4237 | | 4027equipment. |
---|
4238 | 4238 | | 4028 SECTION 197. Paragraph (1) of subsection (k) of said section 38M of said chapter 63, as |
---|
4239 | 4239 | | 4029so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in |
---|
4240 | 4240 | | 4030place thereof the following 3 definitions:- |
---|
4241 | 4241 | | 4031 “Climatetech”, as defined in section 1 of chapter 23J. |
---|
4242 | 4242 | | 4032 “Climatetech company”, as defined in section 1 of chapter 23J. CORRECTED |
---|
4243 | 4243 | | 185 of 319 |
---|
4244 | 4244 | | 4033 “Life sciences”, advanced and applied sciences that expand the understanding of human |
---|
4245 | 4245 | | 4034physiology and have the potential to lead to medical advances or therapeutic applications, |
---|
4246 | 4246 | | 4035including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical |
---|
4247 | 4247 | | 4036engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial |
---|
4248 | 4248 | | 4037intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, |
---|
4249 | 4249 | | 4038marine biology, marine technology, medical technology, medical devices, nanotechnology, |
---|
4250 | 4250 | | 4039natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA |
---|
4251 | 4251 | | 4040interference, stem cell research and veterinary science. |
---|
4252 | 4252 | | 4041 SECTION 198. Said paragraph (1) of said subsection (k) of said section 38M of said |
---|
4253 | 4253 | | 4042chapter 63, as so appearing, is hereby further amended by striking out the definition of |
---|
4254 | 4254 | | 4043“Taxpayer” and inserting in place thereof the following definition:- |
---|
4255 | 4255 | | 4044 “Taxpayer”, a person, certified life sciences company or certified climatetech company |
---|
4256 | 4256 | | 4045subject to the taxes imposed by this chapter or chapters 62, 64H or 64I. |
---|
4257 | 4257 | | 4046 SECTION 199. Said section 38M of said chapter 63, as so appearing, is hereby further |
---|
4258 | 4258 | | 4047amended by inserting after the figure “23I”, in line 144, the following words:- or the climatetech |
---|
4259 | 4259 | | 4048tax incentive program established in subsection (d) of section 16 of chapter 23J. |
---|
4260 | 4260 | | 4049 SECTION 200. Section 38N of said chapter 63, as amended by section 229 of chapter 7 |
---|
4261 | 4261 | | 4050of the acts of 2023, is hereby further amended by striking out subsection (a) and inserting in |
---|
4262 | 4262 | | 4051place thereof the following subsection:- |
---|
4263 | 4263 | | 4052 (a) As used in this section, “Certified project”, “EDIP contract”, “Proportion of |
---|
4264 | 4264 | | 4053compliance” and “Refundable credit” shall have the same meanings as ascribed to them in |
---|
4265 | 4265 | | 4054section 3A of chapter 23A. CORRECTED |
---|
4266 | 4266 | | 186 of 319 |
---|
4267 | 4267 | | 4055 SECTION 201. Said section 38N of said chapter 63, as so amended, is hereby further |
---|
4268 | 4268 | | 4056amended by striking out, in lines 7 to 10, inclusive, the words “, up to an amount equal to 50 per |
---|
4269 | 4269 | | 4057cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not |
---|
4270 | 4270 | | 4058apply where the credit is refundable under subsection (d)”. |
---|
4271 | 4271 | | 4059 SECTION 202. Said section 38N of said chapter 63, as so amended, is hereby further |
---|
4272 | 4272 | | 4060amended by striking out, in lines 13 to 17, inclusive, as so appearing, the words “; provided, |
---|
4273 | 4273 | | 4061however, that a credit awarded in connection with a certified project that will retain permanent |
---|
4274 | 4274 | | 4062full-time employees in a gateway municipality without creating a net increase in permanent full- |
---|
4275 | 4275 | | 4063time employees shall not exceed $5,000 per retained employee”. |
---|
4276 | 4276 | | 4064 SECTION 203. Said section 38N of said chapter 63, as so amended, is hereby further |
---|
4277 | 4277 | | 4065amended by striking out, in line 27, as so appearing, the word “or”, the second time it appears, |
---|
4278 | 4278 | | 4066and inserting in place thereof the following word:- of. |
---|
4279 | 4279 | | 4067 SECTION 204. Said section 38N of said chapter 63, as so amended, is hereby further |
---|
4280 | 4280 | | 4068amended by striking out, in line 29, as so appearing, the word “or”, the second time it appears, |
---|
4281 | 4281 | | 4069and inserting in place thereof the following word:- of. |
---|
4282 | 4282 | | 4070 SECTION 205. The second paragraph of subsection (c) of said section 38N of said |
---|
4283 | 4283 | | 4071chapter 63, as so amended, is hereby further amended by adding the following sentence:- |
---|
4284 | 4284 | | 4072Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC |
---|
4285 | 4285 | | 4073with documentation confirming credits claimed under this section by a corporation subject to tax |
---|
4286 | 4286 | | 4074under this chapter that is the controlling business of a certified project or an affiliate of a |
---|
4287 | 4287 | | 4075controlling business. CORRECTED |
---|
4288 | 4288 | | 187 of 319 |
---|
4289 | 4289 | | 4076 SECTION 206. Said section 38N of said chapter 63, as so amended, is hereby further |
---|
4290 | 4290 | | 4077amended by striking out, in line 46, as so appearing, the words “31A or”. |
---|
4291 | 4291 | | 4078 SECTION 207. Subsection (i) of said section 38N of said chapter 63, as appearing in the |
---|
4292 | 4292 | | 40792022 Official Edition, is hereby amended by striking out the last sentence and inserting in place |
---|
4293 | 4293 | | 4080thereof the following sentence:- The amount of credits subject to recapture shall be equal to the |
---|
4294 | 4294 | | 4081corporation’s proportion of compliance, as determined by the EACC as part of its revocation |
---|
4295 | 4295 | | 4082process and reported to the corporation and the department of revenue at the time certification is |
---|
4296 | 4296 | | 4083revoked. |
---|
4297 | 4297 | | 4084 SECTION 208. Subsection (a) of section 38U of said chapter 63, as so appearing, is |
---|
4298 | 4298 | | 4085hereby amended by striking out the definition of “Life sciences” and inserting in place thereof |
---|
4299 | 4299 | | 4086the following definition:- |
---|
4300 | 4300 | | 4087 “Life sciences”, advanced and applied sciences that expand the understanding of human |
---|
4301 | 4301 | | 4088physiology and have the potential to lead to medical advances or therapeutic applications, |
---|
4302 | 4302 | | 4089including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical |
---|
4303 | 4303 | | 4090engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial |
---|
4304 | 4304 | | 4091intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, |
---|
4305 | 4305 | | 4092marine biology, marine technology, medical technology, medical devices, nanotechnology, |
---|
4306 | 4306 | | 4093natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA |
---|
4307 | 4307 | | 4094interference, stem cell research and veterinary science. |
---|
4308 | 4308 | | 4095 SECTION 209. Section 38LL of said chapter 63, as so appearing, is hereby amended by |
---|
4309 | 4309 | | 4096striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10. CORRECTED |
---|
4310 | 4310 | | 188 of 319 |
---|
4311 | 4311 | | 4097 SECTION 210. Section 38MM of said chapter 63, as so appearing, is hereby amended by |
---|
4312 | 4312 | | 4098striking out, in line 28, the word “its” and inserting in place thereof the following words:- the |
---|
4313 | 4313 | | 4099owner’s. |
---|
4314 | 4314 | | 4100 SECTION 211. Said section 38MM of said chapter 63, as so appearing, is hereby further |
---|
4315 | 4315 | | 4101amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and |
---|
4316 | 4316 | | 4102inserting in place thereof the following words:- total leasable square footage of. |
---|
4317 | 4317 | | 4103 SECTION 212. Said chapter 63 is hereby further amended by inserting after section |
---|
4318 | 4318 | | 410438PP, inserted by section 26 of chapter 150 of the acts of 2024, the following 5 sections:- |
---|
4319 | 4319 | | 4105 Section 38QQ. (a) As used in this section, the following words shall, unless the context |
---|
4320 | 4320 | | 4106clearly requires otherwise, have the following meanings: |
---|
4321 | 4321 | | 4107 “Advertising and public relations expenditure”, a cost incurred within the |
---|
4322 | 4322 | | 4108commonwealth by an eligible theater production for goods or services related to the marketing, |
---|
4323 | 4323 | | 4109public relations, creation and placement of print, electronic, television, billboards or other forms |
---|
4324 | 4324 | | 4110of advertising to promote the eligible theater production. |
---|
4325 | 4325 | | 4111 “Eligible theater production”, a live stage musical, dance or theatrical production or tour |
---|
4326 | 4326 | | 4112being presented in a qualified production facility that is either: (i) a pre-Broadway production; |
---|
4327 | 4327 | | 4113(ii) a pre-off-Broadway production; (iii) a national tour launch; or (iv) a regional professional |
---|
4328 | 4328 | | 4114theater production. |
---|
4329 | 4329 | | 4115 “Eligible theater production certificate”, a certificate issued by the office, in |
---|
4330 | 4330 | | 4116consultation with the commissioner, certifying that a production is an eligible theater production CORRECTED |
---|
4331 | 4331 | | 189 of 319 |
---|
4332 | 4332 | | 4117that meets the rules or regulations of the office and that it has been awarded a tax credit in a |
---|
4333 | 4333 | | 4118specified amount, pursuant to section 3M of chapter 23A. |
---|
4334 | 4334 | | 4119 “National tour launch”, a live stage production that, in its original or adaptive version, is |
---|
4335 | 4335 | | 4120performed in a qualified production facility and opens its national tour in the commonwealth. |
---|
4336 | 4336 | | 4121 “Office”, the Massachusetts office of business development established in section 1 of |
---|
4337 | 4337 | | 4122chapter 23A, or any constituent office thereof. |
---|
4338 | 4338 | | 4123 “Payroll”, all salaries, wages, fees and other compensation from sources within the |
---|
4339 | 4339 | | 4124commonwealth, including, but not limited to, taxes, benefits and any other consideration |
---|
4340 | 4340 | | 4125incurred or paid to talent and non-talent employees of the applicant for services rendered within |
---|
4341 | 4341 | | 4126the commonwealth to and on behalf of an eligible theater production; provided, that the payroll |
---|
4342 | 4342 | | 4127expenditure shall be incurred or paid by the applicant for services related to any portion of an |
---|
4343 | 4343 | | 4128eligible theater production from its pre-production stages, including, but not limited to: (i) the |
---|
4344 | 4344 | | 4129writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from vendors; |
---|
4345 | 4345 | | 4130(v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x) |
---|
4346 | 4346 | | 4131performances; (xi) other eligible theater production related activities; and (xii) load out; and |
---|
4347 | 4347 | | 4132provided further, that the payroll expenditure shall be directly attributable to the eligible theater |
---|
4348 | 4348 | | 4133production and shall be limited to the first $100,000 of wages incurred or paid to each employee |
---|
4349 | 4349 | | 4134of an eligible theater production in each tax year. |
---|
4350 | 4350 | | 4135 “Pre-Broadway production”, a live stage production that, in its original or |
---|
4351 | 4351 | | 4136adaptive version, is performed in a qualified production facility having a presentation scheduled |
---|
4352 | 4352 | | 4137for the city of New York’s Broadway theater district within 24 months after its presentation in |
---|
4353 | 4353 | | 4138the commonwealth. CORRECTED |
---|
4354 | 4354 | | 190 of 319 |
---|
4355 | 4355 | | 4139 “Pre-off-Broadway production”, a live stage production that, in its original or |
---|
4356 | 4356 | | 4140adaptive version, is performed in a qualified production facility having a presentation scheduled |
---|
4357 | 4357 | | 4141for the city of New York’s off-Broadway theater district within 24 months after its presentation |
---|
4358 | 4358 | | 4142in the commonwealth. |
---|
4359 | 4359 | | 4143 “Production and performance expenditures”, a contemporaneous exchange of cash or |
---|
4360 | 4360 | | 4144cash equivalent for goods or services related to development, production, performance or |
---|
4361 | 4361 | | 4145operating expenditures incurred in the commonwealth for a qualified theater production, |
---|
4362 | 4362 | | 4146including, but not limited to, expenditures for design, construction and operation, including |
---|
4363 | 4363 | | 4147sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated |
---|
4364 | 4364 | | 4148with sound, lighting, staging, advertising and public relations expenditures, facility expenses, |
---|
4365 | 4365 | | 4149rentals, per diems, accommodations and other related costs. |
---|
4366 | 4366 | | 4150 “Qualified production facility”, a facility located in the commonwealth in which |
---|
4367 | 4367 | | 4151live theater productions are, or are intended to be, exclusively presented that contains at least 1 |
---|
4368 | 4368 | | 4152stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other |
---|
4369 | 4369 | | 4153ancillary amenities necessary for the eligible theater production. |
---|
4370 | 4370 | | 4154 “Regional professional theater production”, a live stage production that is performed in a |
---|
4371 | 4371 | | 4155qualified production facility with a professional cast and crew. |
---|
4372 | 4372 | | 4156 “Transportation expenditures”, expenses incurred in the commonwealth for the |
---|
4373 | 4373 | | 4157packaging, crating and transportation both to the commonwealth for use in a qualified theater |
---|
4374 | 4374 | | 4158production of sets, costumes or other tangible property constructed or manufactured outside the |
---|
4375 | 4375 | | 4159commonwealth, or from the commonwealth after use in a qualified theater production of sets, |
---|
4376 | 4376 | | 4160costumes or other tangible property constructed or manufactured in the commonwealth and the CORRECTED |
---|
4377 | 4377 | | 191 of 319 |
---|
4378 | 4378 | | 4161transportation of the cast and crew to and from the commonwealth; provided, that “transportation |
---|
4379 | 4379 | | 4162expenditures” shall include any portion performed in the commonwealth of the packaging, |
---|
4380 | 4380 | | 4163crating and transporting of property and equipment used for special and visual effects, sound, |
---|
4381 | 4381 | | 4164lighting and staging, costumes, wardrobes, make-up and related accessories and materials and |
---|
4382 | 4382 | | 4165any other performance or production-related property and equipment. |
---|
4383 | 4383 | | 4166 (b) Any taxpayer that has been awarded an eligible theater production certificate and has |
---|
4384 | 4384 | | 4167completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be |
---|
4385 | 4385 | | 4168allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed |
---|
4386 | 4386 | | 4169$7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent |
---|
4387 | 4387 | | 4170of the production and performance expenditures; and (iii) 25 per cent of transportation |
---|
4388 | 4388 | | 4171expenditures. Additionally, the credit shall not exceed the amount of credit specified in the |
---|
4389 | 4389 | | 4172eligible theater production certificate. |
---|
4390 | 4390 | | 4173 (c) The tax credit shall be allowed against the tax for the taxable period in which the |
---|
4391 | 4391 | | 4174credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year |
---|
4392 | 4392 | | 4175may be carried forward for not more than 5 succeeding tax years. |
---|
4393 | 4393 | | 4176 (d) If a taxpayer has not claimed the tax credits, in whole or part, a taxpayer eligible |
---|
4394 | 4394 | | 4177for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or |
---|
4395 | 4395 | | 4178otherwise to any individual or entity, and such assignee of the tax credits that have not |
---|
4396 | 4396 | | 4179claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in |
---|
4397 | 4397 | | 4180whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits |
---|
4398 | 4398 | | 4181may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed |
---|
4399 | 4399 | | 4182pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the CORRECTED |
---|
4400 | 4400 | | 192 of 319 |
---|
4401 | 4401 | | 4183assignee for not more than 5 succeeding tax years from the date an eligible theater production |
---|
4402 | 4402 | | 4184certificate is first issued by the office. The assignor shall perfect the transfer by notifying the |
---|
4403 | 4403 | | 4185commissioner, in writing, within 30 calendar days following the effective date of the transfer and |
---|
4404 | 4404 | | 4186shall provide any information as may be required by the commissioner to administer and carry |
---|
4405 | 4405 | | 4187out this section. |
---|
4406 | 4406 | | 4188 (e) Credits allowed to corporations that are included in a combined group within |
---|
4407 | 4407 | | 4189the meaning of section 32B may be shared with other corporations within such group that are |
---|
4408 | 4408 | | 4190also doing business in the commonwealth, to the extent those corporations are engaged in a |
---|
4409 | 4409 | | 4191unitary business. |
---|
4410 | 4410 | | 4192 (f) Credits allowed to a company that is an S corporation, as defined in section 1361 of |
---|
4411 | 4411 | | 4193the Code, partnership or a limited liability company that is taxed as a partnership shall be |
---|
4412 | 4412 | | 4194passed through respectively to persons designated as partners, members or owners of such |
---|
4413 | 4413 | | 4195companies on a pro rata basis or pursuant to an executed agreement among such persons |
---|
4414 | 4414 | | 4196designated as S corporation shareholders, partners or members documenting an alternate |
---|
4415 | 4415 | | 4197distribution method without regard to their sharing of other tax or economic attributes of such |
---|
4416 | 4416 | | 4198entity. |
---|
4417 | 4417 | | 4199 (g) The commissioner shall promulgate such rules and regulations necessary for |
---|
4418 | 4418 | | 4200the administration of this section. |
---|
4419 | 4419 | | 4201 Section 38RR. (a) As used in this section, the following words shall have the following |
---|
4420 | 4420 | | 4202meanings unless the context clearly requires otherwise: |
---|
4421 | 4421 | | 4203 “Capital investment”, expenses incurred for the site preparation and construction, repair, |
---|
4422 | 4422 | | 4204renovation, improvement or equipping of a building, structure or facility or other improvements CORRECTED |
---|
4423 | 4423 | | 193 of 319 |
---|
4424 | 4424 | | 4205to real property including, but not limited to, site-related utility and transportation infrastructure |
---|
4425 | 4425 | | 4206improvements. |
---|
4426 | 4426 | | 4207 “Center”, the Massachusetts clean energy technology center established in section 2 of |
---|
4427 | 4427 | | 4208chapter 23J. |
---|
4428 | 4428 | | 4209 “Certified climatetech company”, as defined in section 1 of chapter 23J. |
---|
4429 | 4429 | | 4210 “Climatetech facility”, a building, complex of buildings or structural components of |
---|
4430 | 4430 | | 4211buildings, including access infrastructure, and all machinery and equipment used in the research, |
---|
4431 | 4431 | | 4212manufacturing, assembly, development, provision or administration of goods or services in the |
---|
4432 | 4432 | | 4213climatetech sector. |
---|
4433 | 4433 | | 4214 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds |
---|
4434 | 4434 | | 4215title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for |
---|
4435 | 4435 | | 4216not less than 50 years. |
---|
4436 | 4436 | | 4217 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech |
---|
4437 | 4437 | | 4218facility. |
---|
4438 | 4438 | | 4219 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive program |
---|
4439 | 4439 | | 4220established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed |
---|
4440 | 4440 | | 4221by this chapter in an amount, as determined by the center, of not more than 50 per cent of the |
---|
4441 | 4441 | | 4222owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded |
---|
4442 | 4442 | | 4223pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond |
---|
4443 | 4443 | | 4224to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter |
---|
4444 | 4444 | | 422523J. CORRECTED |
---|
4445 | 4445 | | 194 of 319 |
---|
4446 | 4446 | | 4226 (c) An owner shall be eligible for a tax credit under this section if the owner demonstrates |
---|
4447 | 4447 | | 4227to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital |
---|
4448 | 4448 | | 4228investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech |
---|
4449 | 4449 | | 4229facility will employ not less than 50 new full-time employees by the fifth year of the owner's |
---|
4450 | 4450 | | 4230certification period under section 16 of chapter 23J. Upon verification, the center shall provide |
---|
4451 | 4451 | | 4231this information to the department of revenue for the purpose of administering the credit. |
---|
4452 | 4452 | | 4232 (d) A tenant shall be eligible for a tax credit under this section if the tenant demonstrates |
---|
4453 | 4453 | | 4233to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital |
---|
4454 | 4454 | | 4234investment in the facility equals not less than $5,000,000; (iii) tenant occupies a leased area of |
---|
4455 | 4455 | | 4235the climatetech facility that represents not less than 25 per cent of the total leasable square |
---|
4456 | 4456 | | 4236footage of the facility; and (iv) tenant shall employ not less than 13 full-time employees by the |
---|
4457 | 4457 | | 4237fifth year of the tenant's certification period under section 16 of chapter 23J. Upon verification, |
---|
4458 | 4458 | | 4238the center shall provide this information to the department of revenue for the purpose of |
---|
4459 | 4459 | | 4239administering the credit. The amount of tax credits awarded under this section to a tenant for a |
---|
4460 | 4460 | | 4240taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech |
---|
4461 | 4461 | | 4241facility for the taxable year. |
---|
4462 | 4462 | | 4242 (e) The department of revenue shall issue the refundable portion of the credit without |
---|
4463 | 4463 | | 4243further appropriation and in accordance with the cumulative amount, including the current year |
---|
4464 | 4464 | | 4244costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set |
---|
4465 | 4465 | | 4245forth in subsection (d) of section 16 of chapter 23J. |
---|
4466 | 4466 | | 4246 (f) The department of revenue shall promulgate such rules and regulations as necessary to |
---|
4467 | 4467 | | 4247administer the credit established in this section. CORRECTED |
---|
4468 | 4468 | | 195 of 319 |
---|
4469 | 4469 | | 4248 Section 38SS. (a) A taxpayer may, to the extent authorized pursuant to the climatetech |
---|
4470 | 4470 | | 4249tax incentive program established in section 16 of chapter 23J, be allowed a credit against its |
---|
4471 | 4471 | | 4250excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the |
---|
4472 | 4472 | | 4251qualified research expenses for the taxable year, over the base amount, and 15 per cent of the |
---|
4473 | 4473 | | 4252basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue |
---|
4474 | 4474 | | 4253Code; provided, that the terms ''qualified research expenses'', ''base amount'', ''qualified |
---|
4475 | 4475 | | 4254organization base period amount'', ''basic research'' and any other terms affecting the calculation |
---|
4476 | 4476 | | 4255of the credit shall have the same meanings as defined in said section 41 of said Code unless the |
---|
4477 | 4477 | | 4256context requires otherwise. |
---|
4478 | 4478 | | 4257 In determining the amount of the credit allowable under this section, the commissioner of |
---|
4479 | 4479 | | 4258revenue may aggregate the activities of all corporations that are members of a controlled group |
---|
4480 | 4480 | | 4259of corporations, as defined by 41(f)(1)(A) of the Internal Revenue Code, and may aggregate the |
---|
4481 | 4481 | | 4260activities of all entities, whether or not incorporated, that are under common control as defined in |
---|
4482 | 4482 | | 4261section 41(f)(1)(B) of said Code. |
---|
4483 | 4483 | | 4262 (b) For a qualified climatetech company, research and development costs, within the |
---|
4484 | 4484 | | 4263meaning of section 41 of said Code, shall include those qualified research expenditures that are |
---|
4485 | 4485 | | 4264performed both inside and outside the commonwealth. |
---|
4486 | 4486 | | 4265 (c) For purposes of section 30, the deduction from gross income that may be taken with |
---|
4487 | 4487 | | 4266respect to any expenditures qualifying for a credit under said section 41 of the Internal Revenue |
---|
4488 | 4488 | | 4267Code shall be based upon its cost less the credit allowable under this section; provided, however, |
---|
4489 | 4489 | | 4268that section 280C(c) of said Code shall not apply. CORRECTED |
---|
4490 | 4490 | | 196 of 319 |
---|
4491 | 4491 | | 4269 (d) The credit allowed hereunder for any taxable year shall not reduce the excise to less |
---|
4492 | 4492 | | 4270than the amount due under subsection (b) of section 39, section 67 or any other general or special |
---|
4493 | 4493 | | 4271law. |
---|
4494 | 4494 | | 4272 (e) The credit allowed under this section shall be limited to 100 per cent of a |
---|
4495 | 4495 | | 4273corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75 |
---|
4496 | 4496 | | 4274per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of |
---|
4497 | 4497 | | 4275revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the |
---|
4498 | 4498 | | 4276Internal Revenue Code for the purposes of apportioning the $25,000 amount among members of |
---|
4499 | 4499 | | 4277a controlled group. Nothing in this section shall alter section 32C as it affects other credits under |
---|
4500 | 4500 | | 4278this chapter. |
---|
4501 | 4501 | | 4279 (f) If a corporation files a combined return of income under section 32B, a credit |
---|
4502 | 4502 | | 4280generated by an individual member corporation under this section shall first be applied against |
---|
4503 | 4503 | | 4281the excise attributable to that company under section 39, subject to the limitations of subsections |
---|
4504 | 4504 | | 4282(d) and (e). A member corporation with an excess research and development credit may apply its |
---|
4505 | 4505 | | 4283excess credit against the excise of another group member if such other member corporation may |
---|
4506 | 4506 | | 4284use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired |
---|
4507 | 4507 | | 4285credits generated by a member corporation shall be carried over from year to year by the |
---|
4508 | 4508 | | 4286individual corporation that generated the credit and shall not be refundable. Nothing in this |
---|
4509 | 4509 | | 4287section shall alter subsection (h) of section 31A. |
---|
4510 | 4510 | | 4288 (g) A corporation entitled to a credit under this section for a taxable year may carry over |
---|
4511 | 4511 | | 4289and apply to its excise for any of the next succeeding 15 taxable years that portion, as reduced |
---|
4512 | 4512 | | 4290from year to year, of its credit which exceeds its excise for the taxable year. A corporation may CORRECTED |
---|
4513 | 4513 | | 197 of 319 |
---|
4514 | 4514 | | 4291carry over and apply to its excise for any subsequent taxable year that portion, as reduced from |
---|
4515 | 4515 | | 4292year to year, of those credits which were not allowed under subsection (f). |
---|
4516 | 4516 | | 4293 (h) The commissioner of revenue shall promulgate regulations necessary to carry out this |
---|
4517 | 4517 | | 4294section. |
---|
4518 | 4518 | | 4295 Section 38TT. (a) A taxpayer, to the extent authorized by the climatetech tax incentive |
---|
4519 | 4519 | | 4296program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable |
---|
4520 | 4520 | | 4297jobs credit against the tax liability imposed under this chapter in an amount determined by the |
---|
4521 | 4521 | | 4298Massachusetts clean energy technology center established in section 2 of said chapter 23J, in |
---|
4522 | 4522 | | 4299consultation with the department of revenue. |
---|
4523 | 4523 | | 4300 (b) A taxpayer taking a credit under this section shall commit to the creation of not less |
---|
4524 | 4524 | | 4301than 5 net new permanent full-time employees in the commonwealth. |
---|
4525 | 4525 | | 4302 (c) A credit allowed under this section shall reduce the liability of the taxpayer under this |
---|
4526 | 4526 | | 4303chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the |
---|
4527 | 4527 | | 4304taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of |
---|
4528 | 4528 | | 4305such excess credit, to the extent authorized by the climatetech tax incentive program, shall be |
---|
4529 | 4529 | | 4306refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable |
---|
4530 | 4530 | | 4307years. |
---|
4531 | 4531 | | 4308 (d) The department of revenue shall issue the refundable portion of the jobs credit |
---|
4532 | 4532 | | 4309without further appropriation and in accordance with the cumulative amount, including the |
---|
4533 | 4533 | | 4310current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 |
---|
4534 | 4534 | | 4311annually as set forth in subsection (d) of section 16 of chapter 23J. CORRECTED |
---|
4535 | 4535 | | 198 of 319 |
---|
4536 | 4536 | | 4312 Section 38UU. (a) A business corporation engaged in business in the commonwealth may |
---|
4537 | 4537 | | 4313be allowed a credit each taxable year against the liability imposed by this chapter in an amount |
---|
4538 | 4538 | | 4314equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the |
---|
4539 | 4539 | | 4315taxable year, whichever is less. If a credit allowed pursuant to this section exceeds the tax |
---|
4540 | 4540 | | 4316otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of |
---|
4541 | 4541 | | 4317the taxpayer, be refunded to the taxpayer. |
---|
4542 | 4542 | | 4318 (b) For an employer to be eligible for a credit under this section: (i) the intern shall be |
---|
4543 | 4543 | | 4319enrolled in or a recent graduate of a public or private institution of higher education located in |
---|
4544 | 4544 | | 4320the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer |
---|
4545 | 4545 | | 4321for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the |
---|
4546 | 4546 | | 4322employer shall demonstrate that the total number of interns employed in the taxable year exceeds |
---|
4547 | 4547 | | 4323the average number of interns employed by the taxpayer per year over the previous 3 years. An |
---|
4548 | 4548 | | 4324intern shall not be qualified if the intern is participating in another internship or apprenticeship |
---|
4549 | 4549 | | 4325program for which an employer has claimed a credit in the taxable year under this chapter or |
---|
4550 | 4550 | | 4326subsection (ii) of section 6 of chapter 62. |
---|
4551 | 4551 | | 4327 (c) The total cumulative value of the credits authorized pursuant to this section and |
---|
4552 | 4552 | | 4328subsection (ii) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer |
---|
4553 | 4553 | | 4329shall not claim more than $100,000 in credits under this section for any taxable year. A credit |
---|
4554 | 4554 | | 4330allowed under this section shall not be transferable. |
---|
4555 | 4555 | | 4331 (d) The executive office of economic development, in consultation with the |
---|
4556 | 4556 | | 4332commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to |
---|
4557 | 4557 | | 4333this section and subsection (ii) of section 6 chapter 62 and shall allocate the credit in accordance CORRECTED |
---|
4558 | 4558 | | 199 of 319 |
---|
4559 | 4559 | | 4334with the standards and requirements set forth in regulations promulgated pursuant to this section. |
---|
4560 | 4560 | | 4335The secretary of economic development, in consultation with the commissioner, shall |
---|
4561 | 4561 | | 4336promulgate regulations establishing an application process for the credit. |
---|
4562 | 4562 | | 4337 (e) The secretary of economic development shall annually file a report with the house and |
---|
4563 | 4563 | | 4338senate committees on ways and means, the joint committee on economic development and |
---|
4564 | 4564 | | 4339emerging technologies and the joint committee on labor and workforce development identifying |
---|
4565 | 4565 | | 4340the following: (i) total amount of tax credits claimed pursuant to this section and subsection (ii) |
---|
4566 | 4566 | | 4341of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of |
---|
4567 | 4567 | | 4342participating employers. In the fourth submission of said annual report, the secretary of |
---|
4568 | 4568 | | 4343economic development shall provide an assessment of the effectiveness of the credit offered |
---|
4569 | 4569 | | 4344under this section and subsection (ii) of section 6 of chapter 62 in achieving the goal of retaining |
---|
4570 | 4570 | | 4345graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the |
---|
4571 | 4571 | | 4346department of revenue may provide to the secretary of economic development de-identified, |
---|
4572 | 4572 | | 4347statistical tax return information related to the tax filings of former participating interns for the 5 |
---|
4573 | 4573 | | 4348tax years beginning after the conclusion of the internship to evaluate whether former interns are |
---|
4574 | 4574 | | 4349employed and domiciled in the commonwealth after the internship; provided, that such |
---|
4575 | 4575 | | 4350information shall be shared in a manner that prevents the identification of particular tax returns. |
---|
4576 | 4576 | | 4351 SECTION 213. Section 42B of said chapter 63, as appearing in the 2022 Official Edition, |
---|
4577 | 4577 | | 4352is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and |
---|
4578 | 4578 | | 4353inserting in place thereof the following words:- or the climatetech tax incentive program |
---|
4579 | 4579 | | 4354established in section 16 of chapter 23J, a certified. CORRECTED |
---|
4580 | 4580 | | 200 of 319 |
---|
4581 | 4581 | | 4355 SECTION 214. Section 6 of chapter 64H of the General Laws, as amended by section 29 |
---|
4582 | 4582 | | 4356of chapter 178 of the acts of 2024, is hereby further amended by adding the following 2 |
---|
4583 | 4583 | | 4357paragraphs:- |
---|
4584 | 4584 | | 4358 (yy)(1) Sales of tangible personal property purchased for a certified climatetech |
---|
4585 | 4585 | | 4359company, to the extent authorized pursuant to the climatetech tax incentive program established |
---|
4586 | 4586 | | 4360in section 16 of chapter 23J for use in connection with the construction, alteration, remodeling, |
---|
4587 | 4587 | | 4361repair or remediation of research, development or manufacturing or other commercial facilities |
---|
4588 | 4588 | | 4362used for the provisions of goods or services in the climatetech sector and utility support systems. |
---|
4589 | 4589 | | 4363 (2) As used in this paragraph, the following words shall have the following meanings, |
---|
4590 | 4590 | | 4364unless the context clearly requires otherwise: |
---|
4591 | 4591 | | 4365 “Climatetech”, as defined in section 1 of chapter 23J. |
---|
4592 | 4592 | | 4366 “Climatetech company”, as defined in section 1 of chapter 23J. |
---|
4593 | 4593 | | 4367 “Utility support systems”, all areas of utility support systems including, but not limited |
---|
4594 | 4594 | | 4368to, site, civil, mechanical, electrical and plumbing systems. |
---|
4595 | 4595 | | 4369 (zz)(1) Sales of: (A) eligible data center equipment for use in a qualified data center; (B) |
---|
4596 | 4596 | | 4370computer software for use in a qualified data center; (C) electricity for use or consumption in the |
---|
4597 | 4597 | | 4371operation of a qualified data center; or (D) construction costs incurred for the construction, |
---|
4598 | 4598 | | 4372renovation or refurbishment of a qualified data center. |
---|
4599 | 4599 | | 4373 (2) If the secretary revokes the certification of a qualified data center the commissioner |
---|
4600 | 4600 | | 4374shall, as of the effective date of the revocation, disallow any credits, exemptions or other tax |
---|
4601 | 4601 | | 4375benefits allowed by the original certification of tax benefits under this paragraph. CORRECTED |
---|
4602 | 4602 | | 201 of 319 |
---|
4603 | 4603 | | 4376 (3) If the qualified data center is sold to a new owner prior to the expiration of the |
---|
4604 | 4604 | | 4377exemption, tax benefits under this paragraph shall remain in effect and apply to a subsequent |
---|
4605 | 4605 | | 4378owner for the remaining duration of the 20-year qualification period. |
---|
4606 | 4606 | | 4379 (4) As used in this paragraph, the following words shall, unless the context clearly |
---|
4607 | 4607 | | 4380otherwise requires, have the following meanings: |
---|
4608 | 4608 | | 4381 “Colocation tenant”, a person, partnership, company, corporation or other entity that |
---|
4609 | 4609 | | 4382contracts with or leases from the owner or operator of a qualified data center to use or occupy all |
---|
4610 | 4610 | | 4383or part of a qualified data center. |
---|
4611 | 4611 | | 4384 “Computer software”, software purchased, leased, utilized or loaded at a qualified data |
---|
4612 | 4612 | | 4385center, including, but not limited to, maintenance, licensing and software customization. |
---|
4613 | 4613 | | 4386 “Construction costs”, costs of materials, labor, services and equipment purchased or |
---|
4614 | 4614 | | 4387leased to construct a qualified data center facility, including, but not limited to, the cost of data |
---|
4615 | 4615 | | 4388center building, accessory building, building improvement, land development, site improvement, |
---|
4616 | 4616 | | 4389site utility infrastructure, building materials, steel, concrete, gravel, engineering services, heavy |
---|
4617 | 4617 | | 4390equipment, cranes, transportation equipment, excavation, storm water system and management, |
---|
4618 | 4618 | | 4391access roads, bridges, fencing, lighting, landscaping and other costs to construct the facility. |
---|
4619 | 4619 | | 4392 “Eligible data center equipment”, computers and equipment supporting computing, |
---|
4620 | 4620 | | 4393networking, data processing or data storage, including, but not limited to: (i) servers and routers, |
---|
4621 | 4621 | | 4394computer servers and routers, connections, chassis, networking equipment, switches, racks, fiber |
---|
4622 | 4622 | | 4395optic and copper cables, trays, conduits and other enabling machinery, equipment and hardware; |
---|
4623 | 4623 | | 4396(ii) component parts, replacement parts and upgrades; (iii) cooling systems, cooling towers, |
---|
4624 | 4624 | | 4397chillers, mechanical equipment, HVAC equipment, refrigerant piping, fuel piping and storage, CORRECTED |
---|
4625 | 4625 | | 202 of 319 |
---|
4626 | 4626 | | 4398adiabatic and free cooling systems, water softeners, air handling units, indoor direct exchange |
---|
4627 | 4627 | | 4399units, fans, ducting, filters and other temperature control infrastructure; (iv) power infrastructure |
---|
4628 | 4628 | | 4400for transformation, generation, distribution or management of electricity used for the operations |
---|
4629 | 4629 | | 4401and maintenance of a qualified data center, including, but not limited to, substations, |
---|
4630 | 4630 | | 4402switchyards, transformers, generators, uninterruptible power supplies, backup power generation |
---|
4631 | 4631 | | 4403systems, battery systems, energy efficiency measures, supplies, fuel piping and storage, duct |
---|
4632 | 4632 | | 4404banks, switches, switchboards, testing equipment and related utility infrastructure; (v) |
---|
4633 | 4633 | | 4405monitoring and security equipment; (vi) water conservation systems, including, but not limited |
---|
4634 | 4634 | | 4406to, equipment designed to collect, conserve and reuse water; (vii) modular data center equipment |
---|
4635 | 4635 | | 4407and preassembled components of any item described in this paragraph, including, but not limited |
---|
4636 | 4636 | | 4408to, components used in the manufacturing of modular data centers; and (viii) any other personal |
---|
4637 | 4637 | | 4409property or equipment that is used or consumed in the operation and maintenance of the qualified |
---|
4638 | 4638 | | 4410data center. |
---|
4639 | 4639 | | 4411 “Qualification period”, a 20-year period of time beginning on the effective date of the |
---|
4640 | 4640 | | 4412certification by the secretary of the qualified data center for the first data center building, and |
---|
4641 | 4641 | | 4413expiring at the end of the twentieth full calendar year following the calendar year in which the |
---|
4642 | 4642 | | 4414certification became effective; provided, that if the qualified data center is comprised of more |
---|
4643 | 4643 | | 4415than 1 data center building, the qualification period for each subsequent data center building that |
---|
4644 | 4644 | | 4416is constructed at the qualified data center facility shall start when each data center building |
---|
4645 | 4645 | | 4417begins commercial operations, as evidenced by receipt of a certificate of occupancy, and shall |
---|
4646 | 4646 | | 4418continue for a period of 20 full calendar years, expiring at the end of the twentieth full calendar |
---|
4647 | 4647 | | 4419year following the calendar year each respective data center building began commercial |
---|
4648 | 4648 | | 4420operations. CORRECTED |
---|
4649 | 4649 | | 203 of 319 |
---|
4650 | 4650 | | 4421 “Qualified data center”, a facility in the commonwealth that: |
---|
4651 | 4651 | | 4422 (A) is owned or leased by: (i) the operator of the data center facility; or (ii) a person, |
---|
4652 | 4652 | | 4423partnership, company, corporation or other entity under common ownership of the operator of |
---|
4653 | 4653 | | 4424the data center facility; |
---|
4654 | 4654 | | 4425 (B) is comprised of 1 or more data center buildings that consist in the aggregate of not |
---|
4655 | 4655 | | 4426less than 100,000 square feet and that are located on a single parcel, or on contiguous parcels, |
---|
4656 | 4656 | | 4427where the total eligible qualified data center costs of the data center facility are at least |
---|
4657 | 4657 | | 4428$50,000,000 within a 10-year period from the effective date of the certification by the secretary |
---|
4658 | 4658 | | 4429as a qualified data center facility; |
---|
4659 | 4659 | | 4430 (C) is constructed or substantially refurbished; |
---|
4660 | 4660 | | 4431 (D) maintains a minimum of 100 jobs in the commonwealth; and |
---|
4661 | 4661 | | 4432 (E) is used to house computer information technology equipment, networking, data |
---|
4662 | 4662 | | 4433processing or data storage, including, but not limited to, servers and routers for the storage, |
---|
4663 | 4663 | | 4434management and dissemination of data and information where the facility has the following |
---|
4664 | 4664 | | 4435characteristics: (i) uninterruptible power supplies, generator backup power, or both; (ii) |
---|
4665 | 4665 | | 4436sophisticated fire suppression and prevention systems; and (iii) enhanced security; provided, that |
---|
4666 | 4666 | | 4437a qualified data center shall be considered to have enhanced security if it has restricted access to |
---|
4667 | 4667 | | 4438the facility to selected personnel, permanent security guards, video camera surveillance, an |
---|
4668 | 4668 | | 4439electronic system requiring pass codes, keycards or biometric scans or similar security features. |
---|
4669 | 4669 | | 4440 “Qualified data center costs”, expenditures made for the construction, refurbishment, |
---|
4670 | 4670 | | 4441renovation or improvement of a facility to be used as a qualified data center, including, but not CORRECTED |
---|
4671 | 4671 | | 204 of 319 |
---|
4672 | 4672 | | 4442limited to, the cost of land, land development, site improvement, site utility infrastructure, |
---|
4673 | 4673 | | 4443construction, data center building, accessory building, building improvement and eligible data |
---|
4674 | 4674 | | 4444center equipment. |
---|
4675 | 4675 | | 4445 “Secretary”, the secretary of economic development. |
---|
4676 | 4676 | | 4446 “Substantially refurbished”, a rebuild, modification or construction of not less than |
---|
4677 | 4677 | | 4447100,000 square feet of an existing facility that is a qualified data center where the total eligible |
---|
4678 | 4678 | | 4448qualified data center costs are not less than $50,000,000 within a 10-year period from the |
---|
4679 | 4679 | | 4449effective date of the certification by the secretary as a qualified data center facility, including, but |
---|
4680 | 4680 | | 4450not limited to: (i) installation of computer information technology equipment, networking, data |
---|
4681 | 4681 | | 4451processing or data storage, including servers and routers, environmental control, computer |
---|
4682 | 4682 | | 4452software and energy efficiency improvements; and (ii) building improvements. |
---|
4683 | 4683 | | 4453 (3) The commissioner shall promulgate regulations necessary for the administration of |
---|
4684 | 4684 | | 4454this paragraph. |
---|
4685 | 4685 | | 4455 SECTION 215. Section 1A of chapter 69 of the General Laws, as so appearing, is hereby |
---|
4686 | 4686 | | 4456amended by adding the following paragraph:- |
---|
4687 | 4687 | | 4457 The commissioner shall require each district to: (i) notify students, prior to graduating |
---|
4688 | 4688 | | 4458from high school, of the availability of the free application for federal student aid, known as the |
---|
4689 | 4689 | | 4459FAFSA; (ii) provide students with information on federal and state financial aid options for post- |
---|
4690 | 4690 | | 4460secondary education; and (iii) provide students with instructions for completing state and federal |
---|
4691 | 4691 | | 4461financial aid applications. The commissioner shall provide guidance to districts related to the |
---|
4692 | 4692 | | 4462implementation of this paragraph regarding the distribution of information concerning the CORRECTED |
---|
4693 | 4693 | | 205 of 319 |
---|
4694 | 4694 | | 4463FAFSA and information to parents and guardians related to all options for financial assistance |
---|
4695 | 4695 | | 4464for high school students contemplating a post-secondary education. |
---|
4696 | 4696 | | 4465 SECTION 216. Said chapter 69 is hereby further amended by adding the following |
---|
4697 | 4697 | | 4466section:- |
---|
4698 | 4698 | | 4467 Section 39. (a) Notwithstanding any general or special law to the contrary, the |
---|
4699 | 4699 | | 4468department shall set measurable educator diversity goals for the commonwealth and shall collect |
---|
4700 | 4700 | | 4469and publicly report statewide educator diversity data in an online report. The data shall include, |
---|
4701 | 4701 | | 4470but not be limited to: (i) the hiring and retention of diverse educators; (ii) racial and ethnic |
---|
4702 | 4702 | | 4471demographics of educators who complete Massachusetts state educator preparation programs; |
---|
4703 | 4703 | | 4472(iii) teacher qualification data; and (iv) the racial and ethnic demographics of all persons |
---|
4704 | 4704 | | 4473applying for and completing educator certification in the commonwealth. Annually, not later |
---|
4705 | 4705 | | 4474than June 30, the department shall report on state educator diversity data and goals to the board |
---|
4706 | 4706 | | 4475of elementary and secondary education and the clerks of the senate and house of representatives |
---|
4707 | 4707 | | 4476and the joint committee on education. |
---|
4708 | 4708 | | 4477 (b) Each public school district and charter school shall collect and report to the |
---|
4709 | 4709 | | 4478department educator diversity data in a manner prescribed by the department; provided, that the |
---|
4710 | 4710 | | 4479department shall utilize existing reporting mechanisms and schedules to collect educator |
---|
4711 | 4711 | | 4480diversity data and outcomes. |
---|
4712 | 4712 | | 4481 SECTION 217. Section 38G of chapter 71 of the General Laws, as appearing in the 2022 |
---|
4713 | 4713 | | 4482Official Edition, is hereby amended by inserting after the twenty-fourth paragraph the following |
---|
4714 | 4714 | | 4483paragraph:- CORRECTED |
---|
4715 | 4715 | | 206 of 319 |
---|
4716 | 4716 | | 4484 In addition to the requirements of this section, the department shall incentivize all |
---|
4717 | 4717 | | 4485educators and administrators to be trained in strategies related to evidence-based culturally |
---|
4718 | 4718 | | 4486responsive and linguistically sustaining pedagogy and practices. The department may consider |
---|
4719 | 4719 | | 4487incentives including, but not limited to, certification fee waivers, resources curated and published |
---|
4720 | 4720 | | 4488by the department, professional development opportunities, grants and optional training during |
---|
4721 | 4721 | | 4489the certification and recertification process. |
---|
4722 | 4722 | | 4490 SECTION 218. Said chapter 71 is hereby further amended by inserting after section |
---|
4723 | 4723 | | 449138G½ the following section:- |
---|
4724 | 4724 | | 4492 Section 38G¾. (a) To promote a diverse educator workforce, the department shall |
---|
4725 | 4725 | | 4493establish guidelines for plans to increase diversity among teaching, administration and staff |
---|
4726 | 4726 | | 4494positions of districts, as defined in section 2 of chapter 70, and charter schools, as defined in |
---|
4727 | 4727 | | 4495section 89. The guidelines shall be designed to help districts and schools achieve the following |
---|
4728 | 4728 | | 4496goals: (i) identifying and eliminating discriminatory barriers to hiring educators in a district or |
---|
4729 | 4729 | | 4497school; (ii) identifying, recruiting and hiring employees who are members of groups |
---|
4730 | 4730 | | 4498underrepresented in the educator workforce; (iii) developing, promoting and retaining employees |
---|
4731 | 4731 | | 4499who are members of groups underrepresented in the educator workforce; and (iv) promoting |
---|
4732 | 4732 | | 4500equal opportunity in employment for educators; provided, however, that in developing such |
---|
4733 | 4733 | | 4501guidelines, the department shall consult with relevant stakeholders, including experts and school |
---|
4734 | 4734 | | 4502leaders from public school districts and charter schools that have experienced significant |
---|
4735 | 4735 | | 4503increases in hiring and retaining diverse educators. |
---|
4736 | 4736 | | 4504 (b) The department shall establish a process for reviewing plans based on clearly defined |
---|
4737 | 4737 | | 4505criteria; provided, however, that a public school district or charter school shall amend any plan CORRECTED |
---|
4738 | 4738 | | 207 of 319 |
---|
4739 | 4739 | | 4506deemed not to conform with the requirements of this section; and provided further, that a public |
---|
4740 | 4740 | | 4507school district or charter school shall be deemed to have satisfied the requirements of this section |
---|
4741 | 4741 | | 4508if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 or in any |
---|
4742 | 4742 | | 4509other strategic plan developed by the district, as determined by the department. |
---|
4743 | 4743 | | 4510 (c) The department shall require approved educator preparation programs to implement |
---|
4744 | 4744 | | 4511plans to examine and address barriers to equity in program enrollment and completion; provided, |
---|
4745 | 4745 | | 4512however, that the plans shall be required as part of the educator preparation program approval |
---|
4746 | 4746 | | 4513process and the department shall make each program’s plan publicly available. The department |
---|
4747 | 4747 | | 4514shall establish guidelines for educator preparation program plans. |
---|
4748 | 4748 | | 4515 (d) The department shall provide technical assistance to public school districts and |
---|
4749 | 4749 | | 4516charter schools related to their diversity plans. |
---|
4750 | 4750 | | 4517 (e) The board of elementary and secondary education shall review progress on educator |
---|
4751 | 4751 | | 4518diversity on a regular basis and may provide further recommendations to districts and schools |
---|
4752 | 4752 | | 4519regarding educator diversity. |
---|
4753 | 4753 | | 4520 SECTION 219. Said chapter 71 is hereby further amended by adding the following |
---|
4754 | 4754 | | 4521section:- |
---|
4755 | 4755 | | 4522 Section 101. (a) Public school districts and charter schools shall appoint or hire a |
---|
4756 | 4756 | | 4523diversity, equity and inclusion officer or establish a diversity team. The role and responsibilities |
---|
4757 | 4757 | | 4524of a diversity officer or team may be assigned to an existing school employee or existing school |
---|
4758 | 4758 | | 4525entity. A diversity officer or team shall report directly to the superintendent of the school. |
---|
4759 | 4759 | | 4526Diversity officers or teams shall coordinate their school district’s compliance with the |
---|
4760 | 4760 | | 4527requirements of this section and applicable federal and state laws. Each school district and CORRECTED |
---|
4761 | 4761 | | 208 of 319 |
---|
4762 | 4762 | | 4528charter school shall post information on its diversity officer or team on a publicly accessible |
---|
4763 | 4763 | | 4529website. |
---|
4764 | 4764 | | 4530 (b) Public school districts and charter schools shall establish a process for advising the |
---|
4765 | 4765 | | 4531school committee or board of trustees on matters of diversity, equity and inclusion in the school |
---|
4766 | 4766 | | 4532district or charter school which may include establishing an educator diversity council consisting |
---|
4767 | 4767 | | 4533of educators, administrators, parents or caregivers and students and which shall meet regularly |
---|
4768 | 4768 | | 4534with the superintendent or the diversity officer or teams and the school committee or board of |
---|
4769 | 4769 | | 4535trustees. For such councils that are established, members shall, to the best ability of a school |
---|
4770 | 4770 | | 4536district or charter school, represent a diversity of identities including, but not limited to, race, |
---|
4771 | 4771 | | 4537ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability and |
---|
4772 | 4772 | | 4538socioeconomic level. The school committee or board of trustees may appoint a member of the |
---|
4773 | 4773 | | 4539committee to serve as an ex-officio member of the educator diversity council. |
---|
4774 | 4774 | | 4540 (c) Pursuant to guidelines established by the Massachusetts commission against |
---|
4775 | 4775 | | 4541discrimination, in consultation with the department, superintendents, school committee members, |
---|
4776 | 4776 | | 4542boards of trustees members, district leaders, principals and school district employees shall attend |
---|
4777 | 4777 | | 4543diversity and implicit bias training every 5 years; provided, however, that training completed |
---|
4778 | 4778 | | 4544during certification or recertification pursuant to section 38G shall satisfy this requirement for |
---|
4779 | 4779 | | 4545the year in which the training was completed. |
---|
4780 | 4780 | | 4546 SECTION 220. Section 18 of chapter 74 of the General Laws, as appearing in the 2022 |
---|
4781 | 4781 | | 4547Official Edition, is hereby amended by striking out the first paragraph and inserting in place |
---|
4782 | 4782 | | 4548thereof the following paragraph:- CORRECTED |
---|
4783 | 4783 | | 209 of 319 |
---|
4784 | 4784 | | 4549 The department of elementary and secondary education shall establish basic competency- |
---|
4785 | 4785 | | 4550based vocational-technical teacher training standards which shall serve as the fundamental, |
---|
4786 | 4786 | | 4551pedagogical requirements for beginning vocational-technical instructors. The department shall |
---|
4787 | 4787 | | 4552further require that all persons seeking to meet the department's requirements shall have |
---|
4788 | 4788 | | 4553successfully passed performance and written tests in areas as determined by the board or shall |
---|
4789 | 4789 | | 4554have satisfied alternative measures of proficiency established by the board and shall have |
---|
4790 | 4790 | | 4555successfully completed an approved seminar on teaching skills and methods. |
---|
4791 | 4791 | | 4556 SECTION 221. Section 34A of chapter 90 of the General Laws, as so appearing, is |
---|
4792 | 4792 | | 4557hereby amended by striking out, in line 102, the words “at least twenty thousand dollars” and |
---|
4793 | 4793 | | 4558inserting in place thereof the following words:- not less than $25,000. |
---|
4794 | 4794 | | 4559 SECTION 222. Said section 34A of said chapter 90, as so appearing, is hereby further |
---|
4795 | 4795 | | 4560amended by striking out, in lines 104 and 105, the words “at least forty thousand dollars” and |
---|
4796 | 4796 | | 4561inserting in place thereof the words:- not less than $50,000. |
---|
4797 | 4797 | | 4562 SECTION 223. Section 34O of said chapter 90, as so appearing, is hereby amended by |
---|
4798 | 4798 | | 4563striking out, in line 17, the words “five thousand dollars” and inserting in place thereof the |
---|
4799 | 4799 | | 4564following figure:- $30,000. |
---|
4800 | 4800 | | 4565 SECTION 224. Chapter 111 of the General Laws is hereby amended by striking out |
---|
4801 | 4801 | | 4566section 27D, as so appearing, and inserting in place thereof the following section:- |
---|
4802 | 4802 | | 4567 Section 27D. (a) As used in this section, the following words shall have the following |
---|
4803 | 4803 | | 4568meanings unless the context clearly requires otherwise:- CORRECTED |
---|
4804 | 4804 | | 210 of 319 |
---|
4805 | 4805 | | 4569 “Board of health”, any body politic or political subdivision of the commonwealth that |
---|
4806 | 4806 | | 4570acts as a board of health, public health commission or a health department for a municipality, |
---|
4807 | 4807 | | 4571region or district including, but not limited to, municipal boards of health, regional health |
---|
4808 | 4808 | | 4572districts established pursuant to section 27B and boards of health that share services pursuant to |
---|
4809 | 4809 | | 4573section 4A of chapter 40. |
---|
4810 | 4810 | | 4574 “Foundational capabilities”, cross-cutting skills and capacities needed to support basic |
---|
4811 | 4811 | | 4575public health programs and other protections and activities including, but not limited to: (i) |
---|
4812 | 4812 | | 4576assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development; |
---|
4813 | 4813 | | 4577(iv) communications; (v) community partnership development; (vi) organizational administrative |
---|
4814 | 4814 | | 4578competences; (vii) data-driven interventions; or (viii) accountability and performance |
---|
4815 | 4815 | | 4579management. |
---|
4816 | 4816 | | 4580 “Foundational public health services”, a nationally recognized framework for a minimum |
---|
4817 | 4817 | | 4581set of public health service, including, but not limited to, public health programs and |
---|
4818 | 4818 | | 4582foundational capabilities. |
---|
4819 | 4819 | | 4583 “Public health programs”, programs that include, but shall not be limited to: (i) |
---|
4820 | 4820 | | 4584communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food |
---|
4821 | 4821 | | 4585and water protection; (v) chronic disease and injury prevention; (vi) environmental public health; |
---|
4822 | 4822 | | 4586(vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where |
---|
4823 | 4823 | | 4587applicable. |
---|
4824 | 4824 | | 4588 (b) The department, in consultation with municipalities and other stakeholders, shall |
---|
4825 | 4825 | | 4589establish a state action for public health excellence program to: (i) provide uniform access for |
---|
4826 | 4826 | | 4590every resident to foundational public health services; provided, however, that foundational public CORRECTED |
---|
4827 | 4827 | | 211 of 319 |
---|
4828 | 4828 | | 4591health services shall further equity, including for historically underrepresented communities; (ii) |
---|
4829 | 4829 | | 4592assist boards of health in adopting practices to improve the efficiency and effectiveness of the |
---|
4830 | 4830 | | 4593delivery of foundational public health services; (iii) develop a set of standards for foundational |
---|
4831 | 4831 | | 4594public health services across the commonwealth; and (iv) promote and provide adequate |
---|
4832 | 4832 | | 4595resources for boards of health that shall include, but shall not be limited to: (A) supporting |
---|
4833 | 4833 | | 4596boards of health to meet the standards established pursuant to clause (iii) and pursuant to |
---|
4834 | 4834 | | 4597subsection (c) to improve municipal and regional health systems; (B) increasing cross- |
---|
4835 | 4835 | | 4598jurisdictional sharing of public health programs to strengthen the service delivery capabilities of |
---|
4836 | 4836 | | 4599municipal and regional public health systems; (C) improving planning and system accountability |
---|
4837 | 4837 | | 4600of municipal and regional public health systems, including, but not limited to, statewide data |
---|
4838 | 4838 | | 4601collection and reporting systems; (D) establishing workforce credentialing standards, including, |
---|
4839 | 4839 | | 4602but not limited to, education and training standards for municipal and regional public health |
---|
4840 | 4840 | | 4603officials and staff; and (E) expanding access to professional development, training and technical |
---|
4841 | 4841 | | 4604assistance for municipal and regional public health officials and staff. |
---|
4842 | 4842 | | 4605 (c) The standards for local foundational public health services developed pursuant to |
---|
4843 | 4843 | | 4606clause (iii) of subsection (b) shall include, but not be limited to: (i) standards for inspections, |
---|
4844 | 4844 | | 4607epidemiology and communicable disease investigation and reporting, permitting and other local |
---|
4845 | 4845 | | 4608public health responsibilities as required by law or under regulations of the department or the |
---|
4846 | 4846 | | 4609department of environmental protection; (ii) workforce education, training and credentialing |
---|
4847 | 4847 | | 4610standards; and (iii) standards for contributing required data. The standards shall consider |
---|
4848 | 4848 | | 4611applicable national standards and shall be developed in consultation with local boards of health, |
---|
4849 | 4849 | | 4612public health organizations, academic experts in the field of public health and members of the CORRECTED |
---|
4850 | 4850 | | 212 of 319 |
---|
4851 | 4851 | | 4613special commission on local and regional public health established in chapter 3 of the resolves of |
---|
4852 | 4852 | | 46142016. |
---|
4853 | 4853 | | 4615 (d)(1) Subject to appropriation, boards of health shall implement and comply with the |
---|
4854 | 4854 | | 4616standards developed pursuant to subsections (b) and (c), individually or through cross- |
---|
4855 | 4855 | | 4617jurisdictional sharing of public health programs in the form of comprehensive public health |
---|
4856 | 4856 | | 4618districts, formal shared services or other arrangements for sharing public health programs. |
---|
4857 | 4857 | | 4619 (2) Annually, not later than August 31, boards of health shall submit a report to the |
---|
4858 | 4858 | | 4620department, which shall include information demonstrating compliance with the standards |
---|
4859 | 4859 | | 4621pursuant to subsections (b) and (c) during the preceding fiscal year. |
---|
4860 | 4860 | | 4622 (e) Subject to appropriation, the department and the department of environmental |
---|
4861 | 4861 | | 4623protection shall, according to each agency’s jurisdiction and authority, provide comprehensive |
---|
4862 | 4862 | | 4624core public health educational and training opportunities and technical assistance to municipal |
---|
4863 | 4863 | | 4625and regional public health officials and staff to support such officials in obtaining credentials and |
---|
4864 | 4864 | | 4626foundational capabilities required by the standards developed pursuant to subsections (b) and (c); |
---|
4865 | 4865 | | 4627provided, however, that such educational and training opportunities and technical assistance shall |
---|
4866 | 4866 | | 4628be offered in diverse geographic locations throughout the commonwealth or online. The |
---|
4867 | 4867 | | 4629department and the department of environmental protection may contract with other state |
---|
4868 | 4868 | | 4630agencies or external entities to provide said educational and training opportunities and technical |
---|
4869 | 4869 | | 4631assistance and shall provide such training opportunities and technical assistance free of charge. |
---|
4870 | 4870 | | 4632 (f)(1) Subject to appropriation, the department shall provide funds to boards of health to |
---|
4871 | 4871 | | 4633implement and comply with the standards developed pursuant to subsections (b) and (c), |
---|
4872 | 4872 | | 4634including through cross-jurisdictional sharing of public health programs in the form of CORRECTED |
---|
4873 | 4873 | | 213 of 319 |
---|
4874 | 4874 | | 4635comprehensive public health districts, formal shared services and other arrangements for sharing |
---|
4875 | 4875 | | 4636public health programs. |
---|
4876 | 4876 | | 4637 (2) The funds under this subsection may be used to provide: |
---|
4877 | 4877 | | 4638 (i) grants and technical assistance to municipalities that demonstrate limited operational |
---|
4878 | 4878 | | 4639capacity to meet local public health responsibilities as required by law or regulations; |
---|
4879 | 4879 | | 4640 (ii) competitive grants to increase the efficiency and effectiveness of the delivery of |
---|
4880 | 4880 | | 4641public health programs across not less than 2 municipalities through: |
---|
4881 | 4881 | | 4642 (A) expanding shared services arrangements to include more municipalities; |
---|
4882 | 4882 | | 4643 (B) expanding shared services arrangements to provide a more comprehensive and |
---|
4883 | 4883 | | 4644equitable set of public health programs or sustainable business model; or |
---|
4884 | 4884 | | 4645 (C) supporting new cross-jurisdictional sharing arrangements; provided, however, that |
---|
4885 | 4885 | | 4646grants provided pursuant to this clause shall supplement and shall not replace existing state, |
---|
4886 | 4886 | | 4647local, private or federal funding to boards of health and regional health districts; provided |
---|
4887 | 4887 | | 4648further, that boards of health shall apply for funds pursuant to this clause in a manner determined |
---|
4888 | 4888 | | 4649by the department; provided further, that the application shall include, but not be limited to: (I) a |
---|
4889 | 4889 | | 4650description of how the applicant will increase the efficiency and effectiveness in the delivery of |
---|
4890 | 4890 | | 4651public health programs; (II) certification by the applicant that, at the time of the application, the |
---|
4891 | 4891 | | 4652applicant meets or will use funding to meet workforce standards as determined by the |
---|
4892 | 4892 | | 4653department; (III) certification that the applicant shall submit written documentation on the |
---|
4893 | 4893 | | 4654implementation of systems to increase efficiency in providing local public health programs, |
---|
4894 | 4894 | | 4655including data, to the department in a manner to be prescribed by the department; and (IV) the CORRECTED |
---|
4895 | 4895 | | 214 of 319 |
---|
4896 | 4896 | | 4656applicant’s plan for the long-term sustainability of strengthening local public health programs; |
---|
4897 | 4897 | | 4657provided further, that the department shall adopt rules, regulations or guidelines for the |
---|
4898 | 4898 | | 4658administration and enforcement of this clause including, but not limited to, establishing applicant |
---|
4899 | 4899 | | 4659selection criteria, funding priorities, application forms and procedures, grant distribution and |
---|
4900 | 4900 | | 4660other requirements; and provided further, that not less than 33 per cent of the grants awarded |
---|
4901 | 4901 | | 4661shall be distributed to municipalities with a median household income below the median income |
---|
4902 | 4902 | | 4662of the commonwealth; and |
---|
4903 | 4903 | | 4663 (iii) annual noncompetitive funding to ensure that all residents of the commonwealth are |
---|
4904 | 4904 | | 4664provided with foundational public health services that meet or exceed the standards set pursuant |
---|
4905 | 4905 | | 4665to this section; provided, however, that funds provided pursuant to this clause shall be distributed |
---|
4906 | 4906 | | 4666based on the level of implementation of the standards established in this section and using a |
---|
4907 | 4907 | | 4667formula based on population, level of cross-jurisdictional sharing and sociodemographic data; |
---|
4908 | 4908 | | 4668provided further, that to receive funding pursuant to this clause, a board of health shall submit an |
---|
4909 | 4909 | | 4669annual report to the department and the department of environmental protection that: (A) |
---|
4910 | 4910 | | 4670demonstrates progress or implementation of the standards; and (B) confirms that funding |
---|
4911 | 4911 | | 4671provided pursuant to this clause shall supplement and shall not replace existing state, local, |
---|
4912 | 4912 | | 4672private or federal funding to boards of health and regional health districts; provided further, that |
---|
4913 | 4913 | | 4673the report shall not require data that is otherwise reported to the department under subsection (d); |
---|
4914 | 4914 | | 4674provided further, local governments shall be granted relief from the department for good cause, |
---|
4915 | 4915 | | 4675including, but not limited to economic or fiscal hardship; and provided further, that data |
---|
4916 | 4916 | | 4676demonstrating implementation and compliance with the standards shall be submitted in a form |
---|
4917 | 4917 | | 4677prescribed by the department. CORRECTED |
---|
4918 | 4918 | | 215 of 319 |
---|
4919 | 4919 | | 4678 (g) Subject to appropriation, the department shall develop a system to provide for |
---|
4920 | 4920 | | 4679increased standardization, integration and unification of public health reporting and systems for |
---|
4921 | 4921 | | 4680the measuring of standard responsibilities of boards of health including, but not limited to, |
---|
4922 | 4922 | | 4681inspections, code enforcement, communicable disease management and local regulations. The |
---|
4923 | 4923 | | 4682system shall be developed in coordination with the department of environmental protection. If |
---|
4924 | 4924 | | 4683feasible and in compliance with state and federal privacy requirements, the data and an analysis |
---|
4925 | 4925 | | 4684of the data shall be available on the department’s website; provided, however, that any such |
---|
4926 | 4926 | | 4685published data shall exclude personal identifying information. |
---|
4927 | 4927 | | 4686 (h) Annually, the department shall estimate the amount of funds necessary to meet the |
---|
4928 | 4928 | | 4687requirements of this section for the upcoming fiscal year. The department shall report the |
---|
4929 | 4929 | | 4688estimate to the secretary of administration and finance and the house and senate committees on |
---|
4930 | 4930 | | 4689ways and means for the upcoming fiscal year in advance of the day assigned for submission of |
---|
4931 | 4931 | | 4690the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall |
---|
4932 | 4932 | | 4691publish the estimate on the department’s website. |
---|
4933 | 4933 | | 4692 (i) If an outbreak of a disease or health care situation important to the public health |
---|
4934 | 4934 | | 4693occurs, as determined by the commissioner or the commissioner of environmental protection, |
---|
4935 | 4935 | | 4694affecting more than 1 board of health, the department may coordinate the affected boards of |
---|
4936 | 4936 | | 4695health, assemble and share data on affected residents and organize the public health response |
---|
4937 | 4937 | | 4696within and across the affected communities. |
---|
4938 | 4938 | | 4697 (j) Biennially, not later than December 1, in every even numbered year, the department, |
---|
4939 | 4939 | | 4698in consultation with the department of environmental protection, shall submit a report detailing |
---|
4940 | 4940 | | 4699the impact of the state action for public health excellence program established in subsection (b), CORRECTED |
---|
4941 | 4941 | | 216 of 319 |
---|
4942 | 4942 | | 4700the status of the local public health programs and their ability to meet the requirements of this |
---|
4943 | 4943 | | 4701section including, but not limited to: (i) the number of board of health and regional health district |
---|
4944 | 4944 | | 4702officials and staff that meet workforce standards as determined by the department; (ii) the |
---|
4945 | 4945 | | 4703number of board of health and regional health district officials and staff that attended educational |
---|
4946 | 4946 | | 4704and training opportunities; (iii) the number of boards of health and regional health districts that |
---|
4947 | 4947 | | 4705are in compliance with data reporting requirements of this section; and (iv) the number of |
---|
4948 | 4948 | | 4706municipalities participating in regional public health collaborations. In preparing the report, the |
---|
4949 | 4949 | | 4707department shall consult with the department of environmental protection. The report shall be |
---|
4950 | 4950 | | 4708filed with the clerks of the house of representatives and the senate, the house and senate |
---|
4951 | 4951 | | 4709committees on ways and means and the joint committee on public health and be publicly posted |
---|
4952 | 4952 | | 4710on the websites of the department and the department of environmental protection. |
---|
4953 | 4953 | | 4711 (k) Notwithstanding any general or special law to the contrary, if the commissioner, the |
---|
4954 | 4954 | | 4712commissioner of environmental protection or their authorized representatives determine that |
---|
4955 | 4955 | | 4713failure to meet standards established in subsections (b) and (c) in a timeframe consistent with the |
---|
4956 | 4956 | | 4714timeframe established in subsection (d) constitutes a threat to public health, they shall, in writing, |
---|
4957 | 4957 | | 4715notify the appropriate board of health of such determination and request that the board of health, |
---|
4958 | 4958 | | 4716in writing, notify the department of actions taken to effect appropriate protection. If the |
---|
4959 | 4959 | | 4717commissioner is not so notified or, if after notification, the commissioner determines the such |
---|
4960 | 4960 | | 4718actions are not sufficient to protect public health, the department may restrict future funding |
---|
4961 | 4961 | | 4719provided under clause (iii) of subsection (f) and shall report these insufficiencies in its report |
---|
4962 | 4962 | | 4720issued under subsection (j). |
---|
4963 | 4963 | | 4721 (l) Nothing in this section shall limit the authority or responsibility of a board of health as |
---|
4964 | 4964 | | 4722otherwise established pursuant to the General Laws including, but not limited to, section 127A. CORRECTED |
---|
4965 | 4965 | | 217 of 319 |
---|
4966 | 4966 | | 4723 SECTION 225. Said chapter 111 is hereby further amended by striking out section 243, |
---|
4967 | 4967 | | 4724as so appearing, and inserting in place thereof the following section:- |
---|
4968 | 4968 | | 4725 Section 243. (a) As used in this section, the following words shall have the following |
---|
4969 | 4969 | | 4726meanings unless the context clearly requires otherwise: |
---|
4970 | 4970 | | 4727 “Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from |
---|
4971 | 4971 | | 4728deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes |
---|
4972 | 4972 | | 4729in the area of the brain called the basal ganglia, characterized by tremor at rest, slow movements, |
---|
4973 | 4973 | | 4730muscle rigidity, stooped posture and unsteady or shuffling gait. |
---|
4974 | 4974 | | 4731 “Parkinsonisms”, related conditions that cause a combination of the movement |
---|
4975 | 4975 | | 4732abnormalities seen in Parkinson's disease, including tremor at rest, slow movement, muscle |
---|
4976 | 4976 | | 4733rigidity, impaired speech or muscle stiffness which often overlap with and can evolve from what |
---|
4977 | 4977 | | 4734appears to be Parkinson’s disease; provided, however, that “Parkinsonisms” shall include, but |
---|
4978 | 4978 | | 4735not be limited to: Multiple System Atrophy, Dementia with Lewy Bodies, Corticobasal |
---|
4979 | 4979 | | 4736Degeneration and Progressive Supranuclear Palsy. |
---|
4980 | 4980 | | 4737 (b) The department shall, subject to appropriation, establish a registry to record cases of |
---|
4981 | 4981 | | 4738Parkinson’s and Parkinsonisms that occur in residents of the commonwealth and such |
---|
4982 | 4982 | | 4739information concerning these cases as it shall deem necessary and appropriate in order to |
---|
4983 | 4983 | | 4740determine the incidence and prevalence of such diseases. |
---|
4984 | 4984 | | 4741 (c) The registry and system of collection and dissemination of information shall be under |
---|
4985 | 4985 | | 4742the direction of the commissioner, who may enter into contracts, grants or other agreements as |
---|
4986 | 4986 | | 4743are necessary for the conduct of the program. CORRECTED |
---|
4987 | 4987 | | 218 of 319 |
---|
4988 | 4988 | | 4744 (d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be |
---|
4989 | 4989 | | 4745provided a written and oral notice regarding the collection of information and patient data on |
---|
4990 | 4990 | | 4746Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the |
---|
4991 | 4991 | | 4747collection of data for purposes of research in this registry shall affirmatively opt out in writing |
---|
4992 | 4992 | | 4748after an opportunity to review the documents and ask questions. No patient shall be required to |
---|
4993 | 4993 | | 4749participate in this registry and patients may change their data collection participation status at |
---|
4994 | 4994 | | 4750any time by submitting a request in writing. |
---|
4995 | 4995 | | 4751 (e) The department shall establish a system for the collection and dissemination of |
---|
4996 | 4996 | | 4752information determining the incidence and prevalence of Parkinson’s disease and related |
---|
4997 | 4997 | | 4753Parkinsonisms. The department shall designate Parkinson’s disease and related Parkinsonisms as |
---|
4998 | 4998 | | 4754diseases required to be reported in the commonwealth or any part of the commonwealth. |
---|
4999 | 4999 | | 4755 All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the |
---|
5000 | 5000 | | 4756commonwealth shall be reported to the department; provided, however, that the mere incidence |
---|
5001 | 5001 | | 4757of a patient with Parkinson’s disease or a related Parkinsonism shall be the sole required |
---|
5002 | 5002 | | 4758information for this registry for any patient who chooses not to participate. For the subset of |
---|
5003 | 5003 | | 4759patients who choose not to participate, no further data shall be reported to the registry. |
---|
5004 | 5004 | | 4760 The department may create, review and revise a list of data points required as part of |
---|
5005 | 5005 | | 4761mandated Parkinson’s disease reporting under this section. The list shall include, but not be |
---|
5006 | 5006 | | 4762limited to, necessary triggering diagnostic conditions, consistent with the latest World Health |
---|
5007 | 5007 | | 4763Organization’s International Statistical Classification of Diseases and Related Health Problems |
---|
5008 | 5008 | | 4764and resulting case data including, but not limited to, diagnosis, treatment and survival. CORRECTED |
---|
5009 | 5009 | | 219 of 319 |
---|
5010 | 5010 | | 4765 The department may implement and administer this subsection through a bulletin or |
---|
5011 | 5011 | | 4766similar instruction to providers without taking regulatory action. |
---|
5012 | 5012 | | 4767 (f) The department shall provide notification of the mandatory reporting of Parkinson’s |
---|
5013 | 5013 | | 4768disease and Parkinsonism on its website and may also provide that information to professional |
---|
5014 | 5014 | | 4769associations representing physicians, nurse practitioners and hospitals not less than 90 days prior |
---|
5015 | 5015 | | 4770to requiring information be reported. |
---|
5016 | 5016 | | 4771 (g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner |
---|
5017 | 5017 | | 4772who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or |
---|
5018 | 5018 | | 4773Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms as |
---|
5019 | 5019 | | 4774required by subsection (e) to the department in a format prescribed by the department. The |
---|
5020 | 5020 | | 4775department may enter into data sharing contracts with data reporting entities and their associated |
---|
5021 | 5021 | | 4776electronic medical record systems vendors to securely and confidentially receive information |
---|
5022 | 5022 | | 4777related to Parkinson’s disease testing, diagnosis and treatment. |
---|
5023 | 5023 | | 4778 (h) The department may enter into agreements to furnish data collected in this registry to |
---|
5024 | 5024 | | 4779other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local |
---|
5025 | 5025 | | 4780health officers or health researchers for the study of Parkinson’s disease; provided, however, that |
---|
5026 | 5026 | | 4781before confidential information is disclosed to those agencies, officers, researchers or out-of- |
---|
5027 | 5027 | | 4782state registries, the requesting entity shall agree in writing to maintain the confidentiality of the |
---|
5028 | 5028 | | 4783information and, in the case of researchers, shall: |
---|
5029 | 5029 | | 4784 (i) obtain approval of their committee for the protection of human subjects established in |
---|
5030 | 5030 | | 4785accordance with 45 C.F.R. 46; and CORRECTED |
---|
5031 | 5031 | | 220 of 319 |
---|
5032 | 5032 | | 4786 (ii) provide documentation to the department that demonstrates to the department’s |
---|
5033 | 5033 | | 4787satisfaction that the entity has established the procedures and has the ability to maintain the |
---|
5034 | 5034 | | 4788confidentiality of the information. |
---|
5035 | 5035 | | 4789 (i) Except as otherwise provided in this section, all information collected pursuant to this |
---|
5036 | 5036 | | 4790section shall be confidential. To ensure privacy, the department shall promulgate a coding |
---|
5037 | 5037 | | 4791system that removes any identifying information about the patient. |
---|
5038 | 5038 | | 4792 (j) Notwithstanding any general or special law to the contrary, a disclosure authorized by |
---|
5039 | 5039 | | 4793this section shall include only the information necessary for the stated purpose of the requested |
---|
5040 | 5040 | | 4794disclosure, used for the approved purpose and not be further disclosed. |
---|
5041 | 5041 | | 4795 The furnishing of confidential information to the department or its authorized |
---|
5042 | 5042 | | 4796representative in accordance with this section shall not expose any person, agency or entity |
---|
5043 | 5043 | | 4797furnishing such information to liability and shall not be considered a waiver of any privilege or a |
---|
5044 | 5044 | | 4798violation of a confidential relationship. |
---|
5045 | 5045 | | 4799 (k) The department shall maintain an accurate record of all persons who are given access |
---|
5046 | 5046 | | 4800to confidential information under this section. The record shall include: (i) the name of the |
---|
5047 | 5047 | | 4801person authorizing access; (ii) the name, title, address and organizational affiliation of persons |
---|
5048 | 5048 | | 4802given access; (iii) dates of access; and (iv) the specific purpose for which such confidential |
---|
5049 | 5049 | | 4803information is to be used. The record of access shall be open to public inspection during normal |
---|
5050 | 5050 | | 4804operating hours of the department. |
---|
5051 | 5051 | | 4805 (l) Notwithstanding any general or special law to the contrary, confidential information |
---|
5052 | 5052 | | 4806under this section shall not be available for subpoena and shall not be disclosed, subject to |
---|
5053 | 5053 | | 4807discovery or compelled to be produced in any civil, criminal, administrative or other proceeding. CORRECTED |
---|
5054 | 5054 | | 221 of 319 |
---|
5055 | 5055 | | 4808Such confidential information shall not be deemed admissible as evidence in any civil, criminal, |
---|
5056 | 5056 | | 4809administrative or other tribunal or court for any reason. |
---|
5057 | 5057 | | 4810 This subsection shall not prohibit the publication by the department of reports and |
---|
5058 | 5058 | | 4811statistical compilations that do not identify individual cases or individual sources of information. |
---|
5059 | 5059 | | 4812 Notwithstanding the restrictions in this subsection, the individual to whom the |
---|
5060 | 5060 | | 4813information pertains shall have access to such information. |
---|
5061 | 5061 | | 4814 (m) This section shall not preempt the authority of facilities or individuals providing |
---|
5062 | 5062 | | 4815diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to |
---|
5063 | 5063 | | 4816maintain their own facility-based Parkinson’s disease or Parkinsonisms registries. |
---|
5064 | 5064 | | 4817 (n) Annually, the department shall report to the house and senate committees on ways |
---|
5065 | 5065 | | 4818and means and the joint committee on public health, a program summary update on the incidence |
---|
5066 | 5066 | | 4819and prevalence of Parkinson’s and related Parkinsonisms in the commonwealth, delineated by |
---|
5067 | 5067 | | 4820county, and including the number of records that have been included and reported into the |
---|
5068 | 5068 | | 4821registry and demographic information such as patients, by age, gender and race. The report shall |
---|
5069 | 5069 | | 4822be published in a downloadable format on the department’s webpage or on a dedicated webpage |
---|
5070 | 5070 | | 4823for the registry. |
---|
5071 | 5071 | | 4824 (o) The department shall create and maintain a webpage titled “An overview from the |
---|
5072 | 5072 | | 4825Massachusetts Parkinson’s Research Registry” within the department’s public information |
---|
5073 | 5073 | | 4826website to allow public access to information related to the registry, the yearly program summary |
---|
5074 | 5074 | | 4827required by this section and any other relevant or helpful information related to the registry. This |
---|
5075 | 5075 | | 4828information may be published in any form deemed appropriate by the department. CORRECTED |
---|
5076 | 5076 | | 222 of 319 |
---|
5077 | 5077 | | 4829 SECTION 226. Chapter 112 of the General Laws is hereby amended by striking out |
---|
5078 | 5078 | | 4830section 9, as so appearing, and inserting in place thereof the following section:- |
---|
5079 | 5079 | | 4831 Section 9. (a) (1) An applicant for limited registration under this section may, upon |
---|
5080 | 5080 | | 4832payment of a fee to be determined annually by the secretary of administration and finance under |
---|
5081 | 5081 | | 4833section 3B of chapter 7, be registered by the board of registration of medicine as an intern, fellow |
---|
5082 | 5082 | | 4834or medical officer for such time as it may subscribe if the applicant furnishes to the board with |
---|
5083 | 5083 | | 4835satisfactory proof that: |
---|
5084 | 5084 | | 4836 (i) the applicant is at least 18 years of age and of good moral character; |
---|
5085 | 5085 | | 4837 (ii)(A) the applicant has creditably completed 2 years of a premedical course of study at |
---|
5086 | 5086 | | 4838an accredited college or university and not less than 3½ years of study in a legally chartered |
---|
5087 | 5087 | | 4839medical school in the United States or Canada having the power to grant degrees in medicine; |
---|
5088 | 5088 | | 4840(B) if not enrolled in or a graduate of a legally chartered medical school in the United States or |
---|
5089 | 5089 | | 4841Canada, the applicant is the holder of a standard certificate granted after an examination by the |
---|
5090 | 5090 | | 4842Education Commission for Foreign Medical Graduates unless granted an exemption by the |
---|
5091 | 5091 | | 4843board; or (C) the applicant has completed a minimum of 2 years of premedical education at an |
---|
5092 | 5092 | | 4844accredited college or university in the United States, Canada or Puerto Rico or, if the applicant |
---|
5093 | 5093 | | 4845has studied medicine in a medical school outside the United States, Canada or Puerto Rico that is |
---|
5094 | 5094 | | 4846recognized by the World Health Organization, has completed all the formal requirements for the |
---|
5095 | 5095 | | 4847degree corresponding to doctor of medicine, except internship and social service and has |
---|
5096 | 5096 | | 4848completed 1 year of clinical clerkship approved by the liaison committee on medical education |
---|
5097 | 5097 | | 4849of the American Medical Association; and CORRECTED |
---|
5098 | 5098 | | 223 of 319 |
---|
5099 | 5099 | | 4850 (iii)(A) the applicant has been appointed as an intern, fellow or medical officer in: (1) a |
---|
5100 | 5100 | | 4851hospital or other institution of the commonwealth or a county or municipality thereof; (2) a |
---|
5101 | 5101 | | 4852hospital or clinic that is incorporated under the laws of the commonwealth; (3) a clinic that is |
---|
5102 | 5102 | | 4853affiliated with a hospital licensed by the department of public health under section 71 of chapter |
---|
5103 | 5103 | | 4854111; (4) an outpatient clinic operated by the department of mental health; (5) the department of |
---|
5104 | 5104 | | 4855public health for duty in clinics or in programs operated or approved by the department of public |
---|
5105 | 5105 | | 4856health; or (6) programs approved by the board of registration in medicine and leading toward |
---|
5106 | 5106 | | 4857certification by specialty boards recognized by the American Medical Association; or |
---|
5107 | 5107 | | 4858 (B) the applicant has applied to participate in the medical assistance program |
---|
5108 | 5108 | | 4859administered by the secretary of health and human services under chapter 118E and Title XIX of |
---|
5109 | 5109 | | 4860the Social Security Act and any federal demonstration or waiver relating to the medical |
---|
5110 | 5110 | | 4861assistance program for the limited purpose of ordering and referring services covered under the |
---|
5111 | 5111 | | 4862program if regulations governing such limited participation are promulgated under section 37 of |
---|
5112 | 5112 | | 4863said chapter 118E. |
---|
5113 | 5113 | | 4864 (2) A person with a limited registration under this section may practice medicine only in: |
---|
5114 | 5114 | | 4865(i) the hospital, institution, clinic or program designated on the applicant’s certificate of limited |
---|
5115 | 5115 | | 4866registration or outside such hospital, institution, clinic or program under the supervision of 1 of |
---|
5116 | 5116 | | 4867its medical officers who is a duly registered physician for the treatment of persons accepted by |
---|
5117 | 5117 | | 4868such hospital, institution, clinic or program as patients; or (ii) any hospital, institution, clinic or |
---|
5118 | 5118 | | 4869program affiliated for training purposes with the hospital, institution, clinic or program |
---|
5119 | 5119 | | 4870designated on the certificate, which affiliation shall be approved by the board and pursuant to |
---|
5120 | 5120 | | 4871regulations established by the hospital, institution, clinic or program. The name of the hospital, CORRECTED |
---|
5121 | 5121 | | 224 of 319 |
---|
5122 | 5122 | | 4872institution, clinic or program so affiliated and so approved shall be indicated on the certificate. |
---|
5123 | 5123 | | 4873Limited registration under this section may be revoked at any time by the board. |
---|
5124 | 5124 | | 4874 (b) Notwithstanding this section, an internationally-trained physician who has been |
---|
5125 | 5125 | | 4875licensed or otherwise authorized to practice medicine in a country other than the United States |
---|
5126 | 5126 | | 4876shall be eligible to apply for a limited license to practice medicine for a 1-year term after |
---|
5127 | 5127 | | 4877satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year |
---|
5128 | 5128 | | 4878limited license shall not be renewed more than once; and provided further, that such limited |
---|
5129 | 5129 | | 4879registration shall provide a pathway for the issuance of a full unrestricted license to practice |
---|
5130 | 5130 | | 4880medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said |
---|
5131 | 5131 | | 4881subsection (c). |
---|
5132 | 5132 | | 4882 (c)(1) For the purposes of this subsection, the following words shall have the following |
---|
5133 | 5133 | | 4883meanings unless the context clearly requires otherwise: |
---|
5134 | 5134 | | 4884 “Commission”, the Educational Commission for Foreign Medical Graduates. |
---|
5135 | 5135 | | 4885 “Internationally-trained physician”, a physician who has received a degree of doctor of |
---|
5136 | 5136 | | 4886medicine or its equivalent from a legally chartered medical school outside the United States and |
---|
5137 | 5137 | | 4887recognized by the World Health Organization and who has been licensed or otherwise authorized |
---|
5138 | 5138 | | 4888to practice medicine in a country other than the United States and who has practiced medicine for |
---|
5139 | 5139 | | 4889at least 1 year. |
---|
5140 | 5140 | | 4890 “Licensing exam”, the United States Medical Licensing Examination. |
---|
5141 | 5141 | | 4891 “Participating healthcare facility”, a federally-qualified health center, community health |
---|
5142 | 5142 | | 4892center, hospital or other healthcare facility approved by the board that provides an assessment CORRECTED |
---|
5143 | 5143 | | 225 of 319 |
---|
5144 | 5144 | | 4893and evaluation program designed to develop, assess and evaluate an internationally-trained |
---|
5145 | 5145 | | 4894physician’s nonclinical skills according to criteria developed or approved by the board; provided, |
---|
5146 | 5146 | | 4895that a participating healthcare facility shall provide medical care in a physician shortage area. |
---|
5147 | 5147 | | 4896 “Physician shortage area”, a geographic region or population in the commonwealth |
---|
5148 | 5148 | | 4897experiencing a shortage of physicians, especially primary care physicians or psychiatrists, |
---|
5149 | 5149 | | 4898relative to population and need; provided, however, that the health care workforce center or its |
---|
5150 | 5150 | | 4899equivalent in the department of public health shall assist the board in determining the regions or |
---|
5151 | 5151 | | 4900populations comprising a “physician shortage area”. |
---|
5152 | 5152 | | 4901 (2) The board shall issue a limited license to an applicant if the participating facility and |
---|
5153 | 5153 | | 4902the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally- |
---|
5154 | 5154 | | 4903trained physician; (ii) has a valid certificate issued by the commission or other credential |
---|
5155 | 5155 | | 4904evaluation service approved by the board; provided, however, that the board may waive such |
---|
5156 | 5156 | | 4905certification if the applicant is unable to obtain the required documentation from a |
---|
5157 | 5157 | | 4906noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical |
---|
5158 | 5158 | | 4907Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating |
---|
5159 | 5159 | | 4908healthcare facility providing that the facility shall develop, assess and evaluate the applicant’s |
---|
5160 | 5160 | | 4909familiarity with nonclinical skills and standards appropriate for medical practice in the |
---|
5161 | 5161 | | 4910commonwealth according to assessment and evaluation criteria developed or approved by the |
---|
5162 | 5162 | | 4911board; (v) shall enter a full-time full employment relationship with the participating facility after |
---|
5163 | 5163 | | 4912the board issues a limited license to practice medicine to the applicant; and (vi) has satisfied |
---|
5164 | 5164 | | 4913other criteria that may be developed by the board to implement this subsection. CORRECTED |
---|
5165 | 5165 | | 226 of 319 |
---|
5166 | 5166 | | 4914 (3) An internationally-trained physician who provides the board with proof of: (i) |
---|
5167 | 5167 | | 4915successful completion of the participating facility’s assessment and evaluation program; (ii) a |
---|
5168 | 5168 | | 4916passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the |
---|
5169 | 5169 | | 4917board may require, may apply for a renewable 2-year restricted license to practice medicine only |
---|
5170 | 5170 | | 4918in a physician shortage area; provided, however, that a 2-year restricted license shall not be |
---|
5171 | 5171 | | 4919renewed more than once; and provided further, that any additional prerequisites for eligibility |
---|
5172 | 5172 | | 4920shall not include post-graduate clinical training and that the restricted license shall authorize the |
---|
5173 | 5173 | | 4921holder to practice independently in a primary care specialty, psychiatry or other specialty as may |
---|
5174 | 5174 | | 4922be approved by the board. After 2 years of restricted practice, the internationally-trained |
---|
5175 | 5175 | | 4923physician may apply for a full, unrestricted license to practice medicine. |
---|
5176 | 5176 | | 4924 SECTION 227. Section 79 of said chapter 112, as so appearing, is hereby amended by |
---|
5177 | 5177 | | 4925adding the following 2 sentences:- The board may assess a licensed nurse a penalty of not more |
---|
5178 | 5178 | | 4926than $2,000 for each violation of regulations promulgated pursuant to this section and for each |
---|
5179 | 5179 | | 4927violation of any general law that governs the practice of nursing. The board, through regulation, |
---|
5180 | 5180 | | 4928shall ensure that any fine levied is commensurate with the severity of the violation. |
---|
5181 | 5181 | | 4929 SECTION 228. Said chapter 112 is hereby further amended by inserting after section 91 |
---|
5182 | 5182 | | 4930the following section:- |
---|
5183 | 5183 | | 4931 Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a |
---|
5184 | 5184 | | 4932registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i) |
---|
5185 | 5185 | | 4933designated by an approved chiropractic school or college as an instructor; and (ii) the |
---|
5186 | 5186 | | 4934chiropractor of record at the chiropractic facility to which a student extern is assigned. CORRECTED |
---|
5187 | 5187 | | 227 of 319 |
---|
5188 | 5188 | | 4935 (b) An individual that is a current student enrolled in the final academic year at a |
---|
5189 | 5189 | | 4936chiropractic school or college approved by the board may practice the full scope of chiropractic |
---|
5190 | 5190 | | 4937under the direct supervision of a preceptor chiropractor; provided, that the student extern shall |
---|
5191 | 5191 | | 4938have: (i) completed all academic and clinical class requirements for the degree of doctor of |
---|
5192 | 5192 | | 4939chiropractic from a chiropractic school or college approved by the board; and (ii) passed at least |
---|
5193 | 5193 | | 49403 of the 4 levels of the examinations administered by the National Board of Chiropractic |
---|
5194 | 5194 | | 4941Examiners. |
---|
5195 | 5195 | | 4942 (c) The student extern shall practice under the direct supervision and license of the |
---|
5196 | 5196 | | 4943preceptor chiropractor and shall not be authorized to sign legal documents generally signed by |
---|
5197 | 5197 | | 4944the preceptor chiropractor; provided, however, that the board, in its discretion, may authorize a |
---|
5198 | 5198 | | 4945student extern to practice chiropractic pursuant to this section at more than 1 chiropractic facility. |
---|
5199 | 5199 | | 4946An individual may be authorized by the board to practice chiropractic as a student extern for not |
---|
5200 | 5200 | | 4947less than 4 weeks and not more than 16 weeks during the student’s final academic year. |
---|
5201 | 5201 | | 4948 SECTION 229. The General Laws are hereby amended by inserting after chapter 112 the |
---|
5202 | 5202 | | 4949following chapter:- |
---|
5203 | 5203 | | 4950 Chapter 112A |
---|
5204 | 5204 | | 4951 Nurse Licensure Compact |
---|
5205 | 5205 | | 4952 Section 1. As used in this chapter, the following words shall have the following meanings |
---|
5206 | 5206 | | 4953unless the context clearly requires otherwise: |
---|
5207 | 5207 | | 4954 “Adverse action”, an administrative, civil, equitable or criminal action permitted by a |
---|
5208 | 5208 | | 4955state’s laws which is imposed by a licensing board or other authority against a nurse, including CORRECTED |
---|
5209 | 5209 | | 228 of 319 |
---|
5210 | 5210 | | 4956actions against an individual’s license or multistate licensure privilege such as revocation, |
---|
5211 | 5211 | | 4957suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any |
---|
5212 | 5212 | | 4958other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance |
---|
5213 | 5213 | | 4959of a cease and desist action. |
---|
5214 | 5214 | | 4960 “Alternative program”, a non-disciplinary monitoring program approved by a licensing |
---|
5215 | 5215 | | 4961board. |
---|
5216 | 5216 | | 4962 “Compact” or “Nurse Licensure Compact”, the legally binding agreement between party |
---|
5217 | 5217 | | 4963states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact |
---|
5218 | 5218 | | 4964in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance |
---|
5219 | 5219 | | 4965with this chapter. |
---|
5220 | 5220 | | 4966 “Coordinated licensure information system”, an integrated process for collecting, storing |
---|
5221 | 5221 | | 4967and sharing information on nurse licensure and enforcement activities related to nurse licensure |
---|
5222 | 5222 | | 4968laws that is administered by a nonprofit organization composed of and controlled by licensing |
---|
5223 | 5223 | | 4969boards. |
---|
5224 | 5224 | | 4970 “Current significant investigative information”, (i) investigative information that a |
---|
5225 | 5225 | | 4971licensing board, after a preliminary inquiry that includes notification and an opportunity for the |
---|
5226 | 5226 | | 4972nurse to respond, if required by state law, has reason to believe is not groundless and, if proved |
---|
5227 | 5227 | | 4973true, would indicate more than a minor infraction; or (ii) investigative information that indicates |
---|
5228 | 5228 | | 4974that the nurse represents an immediate threat to public health and safety regardless of whether |
---|
5229 | 5229 | | 4975the nurse has been notified and had an opportunity to respond. |
---|
5230 | 5230 | | 4976 “Encumbrance”, a revocation or suspension of, or any limitation on, the full and |
---|
5231 | 5231 | | 4977unrestricted practice of nursing imposed by a licensing board. CORRECTED |
---|
5232 | 5232 | | 229 of 319 |
---|
5233 | 5233 | | 4978 “Home state”, the party state which is the nurse’s primary state of residence. |
---|
5234 | 5234 | | 4979 “Interstate commission”, the Interstate Commission of Nurse Licensure Compact |
---|
5235 | 5235 | | 4980Administrators as established in section 6 of this chapter. |
---|
5236 | 5236 | | 4981 “Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses. |
---|
5237 | 5237 | | 4982 “Multistate license”, a license to practice as a registered nurse, a licensed practical or |
---|
5238 | 5238 | | 4983vocational nurse issued by a home state licensing board that authorizes the licensed nurse to |
---|
5239 | 5239 | | 4984practice in all party states under a multistate licensure privilege. |
---|
5240 | 5240 | | 4985 “Multistate licensure privilege”, a legal authorization associated with a multistate license |
---|
5241 | 5241 | | 4986permitting the practice of nursing as either a registered nurse, a licensed practical or vocational |
---|
5242 | 5242 | | 4987nurse in a remote state. |
---|
5243 | 5243 | | 4988 “Nurse”, a registered nurse, a licensed practical or vocational nurse, as those terms are |
---|
5244 | 5244 | | 4989defined by each party state’s practice laws. |
---|
5245 | 5245 | | 4990 “Party state”, the commonwealth and any other state that has adopted this compact. |
---|
5246 | 5246 | | 4991 “Remote state”, a party state other than the home state. |
---|
5247 | 5247 | | 4992 “Single-state license”, a license issued by a party state that authorizes the practice of |
---|
5248 | 5248 | | 4993nursing only within the issuing state and does not include a multistate licensure privilege to |
---|
5249 | 5249 | | 4994practice in any other party state. |
---|
5250 | 5250 | | 4995 “State”, a state, territory or possession of the United States and the District of Columbia. |
---|
5251 | 5251 | | 4996 “State practice laws”, a party state’s laws, rules and regulations that govern the practice |
---|
5252 | 5252 | | 4997of nursing, define the scope of nursing practice and establish the methods and grounds for CORRECTED |
---|
5253 | 5253 | | 230 of 319 |
---|
5254 | 5254 | | 4998imposing discipline; provided, however, that “State practice laws” do not include requirements |
---|
5255 | 5255 | | 4999necessary to obtain and retain a license, except for qualifications or requirements of the home |
---|
5256 | 5256 | | 5000state. |
---|
5257 | 5257 | | 5001 Section 2. (a) A multistate license to practice as a nurse issued by a home state to a |
---|
5258 | 5258 | | 5002resident in that state shall be recognized by each party state as authorizing a nurse to practice as a |
---|
5259 | 5259 | | 5003registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in |
---|
5260 | 5260 | | 5004each party state. |
---|
5261 | 5261 | | 5005 (b) A state shall implement procedures for considering the criminal history records of |
---|
5262 | 5262 | | 5006applicants for initial multistate license or licensure by endorsement. Such procedures shall |
---|
5263 | 5263 | | 5007include the submission of fingerprints or other biometric-based information by applicants for the |
---|
5264 | 5264 | | 5008purpose of obtaining an applicant’s criminal history record information from the Federal Bureau |
---|
5265 | 5265 | | 5009of Investigation and the agency responsible for retaining that state’s criminal records. |
---|
5266 | 5266 | | 5010 (c) Each party state shall require the following for an applicant to obtain or retain a |
---|
5267 | 5267 | | 5011multistate license in the home state: |
---|
5268 | 5268 | | 5012 (i) the applicant shall meets the home state’s qualifications for licensure or renewal of |
---|
5269 | 5269 | | 5013licensure, as well as all other applicable state laws; |
---|
5270 | 5270 | | 5014 (ii) (A) the applicant shall have graduated or is eligible to graduate from a licensing |
---|
5271 | 5271 | | 5015board-approved registered nurse or practical or vocational nurse pre-licensure education |
---|
5272 | 5272 | | 5016program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse |
---|
5273 | 5273 | | 5017pre-licensure education program that: (1) has been approved by the authorized accrediting body |
---|
5274 | 5274 | | 5018in the applicable country; and (2) has been verified by an independent credentials review agency |
---|
5275 | 5275 | | 5019to be comparable to a licensing board-approved pre-licensure education program; CORRECTED |
---|
5276 | 5276 | | 231 of 319 |
---|
5277 | 5277 | | 5020 (iii) if a graduate of a foreign pre-licensure education program not taught in English or if |
---|
5278 | 5278 | | 5021English is not the individual’s native language, the applicant shall have successfully passed an |
---|
5279 | 5279 | | 5022English proficiency examination that includes the components of reading, speaking, writing and |
---|
5280 | 5280 | | 5023listening; |
---|
5281 | 5281 | | 5024 (iv) the applicant has successfully passed an NCLEX-RN® or NCLEX-PN® |
---|
5282 | 5282 | | 5025Examination or recognized predecessor, as applicable; |
---|
5283 | 5283 | | 5026 (v) the applicant is eligible for or holds an active, unencumbered license; |
---|
5284 | 5284 | | 5027 (vi) the applicant has submitted, in connection with an application for initial licensure or |
---|
5285 | 5285 | | 5028licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining |
---|
5286 | 5286 | | 5029criminal history record information from the Federal Bureau of Investigation and the agency |
---|
5287 | 5287 | | 5030responsible for retaining that state’s criminal records; |
---|
5288 | 5288 | | 5031 (vii) the applicant has not been convicted or found guilty, or entered into an agreed |
---|
5289 | 5289 | | 5032disposition, of a felony offense under applicable state or federal law; |
---|
5290 | 5290 | | 5033 (viii) the applicant has not been convicted or found guilty, or entered into an agreed |
---|
5291 | 5291 | | 5034disposition, of a misdemeanor offense related to the practice of nursing as determined on a case- |
---|
5292 | 5292 | | 5035by-case basis; |
---|
5293 | 5293 | | 5036 (ix) the applicant is not currently enrolled in an alternative program; |
---|
5294 | 5294 | | 5037 (x) the applicant is subject to self-disclosure requirements regarding current participation |
---|
5295 | 5295 | | 5038in an alternative program; and |
---|
5296 | 5296 | | 5039 (xi) the applicant has a valid United States Social Security number. CORRECTED |
---|
5297 | 5297 | | 232 of 319 |
---|
5298 | 5298 | | 5040 (d) All party states shall be authorized, in accordance with existing state due process law, |
---|
5299 | 5299 | | 5041to take adverse action against a nurse’s multistate licensure privilege such as revocation, |
---|
5300 | 5300 | | 5042suspension, probation or any other action that affects a nurse’s authorization to practice under a |
---|
5301 | 5301 | | 5043multistate licensure privilege, including cease and desist actions. If a party state takes such |
---|
5302 | 5302 | | 5044action, it shall promptly notify the administrator of the coordinated licensure information system. |
---|
5303 | 5303 | | 5045The administrator of the coordinated licensure information system shall promptly notify the |
---|
5304 | 5304 | | 5046home state of any such actions by remote states. |
---|
5305 | 5305 | | 5047 (e) A nurse practicing in a party state shall comply with the state practice laws of the state |
---|
5306 | 5306 | | 5048in which the client is located at the time service is provided. The practice of nursing is not |
---|
5307 | 5307 | | 5049limited to patient care, but shall include all nursing practice as defined by the state practice laws |
---|
5308 | 5308 | | 5050of the party state in which the client is located. The practice of nursing in a party state under a |
---|
5309 | 5309 | | 5051multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the |
---|
5310 | 5310 | | 5052courts and the laws of the party state in which the client is located at the time service is provided. |
---|
5311 | 5311 | | 5053 (f) Individuals not residing in a party state shall continue to be able to apply for a party |
---|
5312 | 5312 | | 5054state’s single-state license as provided by the laws of each party state; provided, however, that |
---|
5313 | 5313 | | 5055the single-state license granted to these individuals shall not be recognized as granting the |
---|
5314 | 5314 | | 5056privilege to practice nursing in any other party state. Nothing in this compact shall affect the |
---|
5315 | 5315 | | 5057requirements established by a party state for the issuance of a single-state license. |
---|
5316 | 5316 | | 5058 (g) A nurse holding a home state multistate license on the effective date of this compact |
---|
5317 | 5317 | | 5059in the commonwealth may retain and renew the multistate license issued by the nurse’s then- |
---|
5318 | 5318 | | 5060current home state; provided, however, that: CORRECTED |
---|
5319 | 5319 | | 233 of 319 |
---|
5320 | 5320 | | 5061 (i) a nurse who changes primary state of residence after this compact’s effective date in |
---|
5321 | 5321 | | 5062the commonwealth shall meet all applicable requirements of this section to obtain a multistate |
---|
5322 | 5322 | | 5063license from a new home state. |
---|
5323 | 5323 | | 5064 (ii) a nurse who fails to satisfy the multistate licensure requirements of this section due to |
---|
5324 | 5324 | | 5065a disqualifying event occurring after this compact’s effective date in the commonwealth shall not |
---|
5325 | 5325 | | 5066be eligible to retain or renew a multistate license and the nurse’s multistate license shall be |
---|
5326 | 5326 | | 5067revoked or deactivated in accordance with applicable rules adopted by the interstate commission. |
---|
5327 | 5327 | | 5068 Section 3. (a) Upon application for a multistate license, the licensing board in the issuing |
---|
5328 | 5328 | | 5069party state shall ascertain, through the coordinated licensure information system, whether the |
---|
5329 | 5329 | | 5070applicant has ever held, or is the holder of, a license issued by any other state, whether there are |
---|
5330 | 5330 | | 5071any encumbrances on any license or multistate licensure privilege held by the applicant, whether |
---|
5331 | 5331 | | 5072any adverse action has been taken against any license or multistate licensure privilege held by |
---|
5332 | 5332 | | 5073the applicant and whether the applicant is currently participating in an alternative program. |
---|
5333 | 5333 | | 5074 (b) A nurse may hold a multistate license, issued by the home state, in only 1 party state |
---|
5334 | 5334 | | 5075at a time. |
---|
5335 | 5335 | | 5076 (c) If a nurse changes primary state of residence by moving between 2 party states, the |
---|
5336 | 5336 | | 5077nurse shall apply for licensure in the new home state, and the multistate license issued by the |
---|
5337 | 5337 | | 5078prior home state shall be deactivated in accordance with applicable rules adopted by the |
---|
5338 | 5338 | | 5079interstate commission. |
---|
5339 | 5339 | | 5080 (1) The nurse may apply for licensure in advance of a change in primary state of |
---|
5340 | 5340 | | 5081residence. CORRECTED |
---|
5341 | 5341 | | 234 of 319 |
---|
5342 | 5342 | | 5082 (2) A multistate license shall not be issued by the new home state until the nurse provides |
---|
5343 | 5343 | | 5083satisfactory evidence of a change in primary state of residence to the new home state and |
---|
5344 | 5344 | | 5084satisfies all applicable requirements to obtain a multistate license from the new home state. |
---|
5345 | 5345 | | 5085 (d) If a nurse changes primary state of residence by moving from a party state to a non- |
---|
5346 | 5346 | | 5086party state, the multistate license issued by the prior home state shall convert to a single-state |
---|
5347 | 5347 | | 5087license and shall be valid only in the former home state. |
---|
5348 | 5348 | | 5088 Section 4. (a) In addition to the other powers conferred by state law, a licensing board |
---|
5349 | 5349 | | 5089may: |
---|
5350 | 5350 | | 5090 (i) take adverse action against a nurse’s multistate licensure privilege to practice within |
---|
5351 | 5351 | | 5091that party state; provided however, that only the home state may to take adverse action against a |
---|
5352 | 5352 | | 5092nurse’s license issued by the home state; and provided further that for purposes of taking adverse |
---|
5353 | 5353 | | 5093action, the home state licensing board shall give the same priority and effect to reported conduct |
---|
5354 | 5354 | | 5094received from a remote state as it would if such conduct had occurred within the home state and |
---|
5355 | 5355 | | 5095in so doing, the home state shall apply its own state laws to determine appropriate action; |
---|
5356 | 5356 | | 5096 (ii) issue cease and desist orders or impose an encumbrance on a nurse’s authority to |
---|
5357 | 5357 | | 5097practice within that party state; |
---|
5358 | 5358 | | 5098 (iii) complete any pending investigations of a nurse who changes primary state of |
---|
5359 | 5359 | | 5099residence during the course of such investigations; provided however, that the licensing board |
---|
5360 | 5360 | | 5100may take appropriate action and shall promptly report the conclusions of such investigations to |
---|
5361 | 5361 | | 5101the administrator of the coordinated licensure information system; and provided further, that the |
---|
5362 | 5362 | | 5102administrator of the coordinated licensure information system shall promptly notify the new |
---|
5363 | 5363 | | 5103home state of any such actions; CORRECTED |
---|
5364 | 5364 | | 235 of 319 |
---|
5365 | 5365 | | 5104 (iv) issue subpoenas for both hearings and investigations that require the attendance and |
---|
5366 | 5366 | | 5105testimony of witnesses, as well as, the production of evidence; provided, however, that |
---|
5367 | 5367 | | 5106subpoenas issued by a licensing board in a party state for the attendance and testimony of |
---|
5368 | 5368 | | 5107witnesses or for the production of evidence from another party state shall be enforced in the latter |
---|
5369 | 5369 | | 5108state by any court of competent jurisdiction, according to the practice and procedures of that |
---|
5370 | 5370 | | 5109court applicable to subpoenas issued in proceedings pending before it; and provided further that |
---|
5371 | 5371 | | 5110the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required |
---|
5372 | 5372 | | 5111by the service statutes of the state in which the witnesses or evidence are located; |
---|
5373 | 5373 | | 5112 (v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric- |
---|
5374 | 5374 | | 5113based information to the Federal Bureau of Investigation for criminal background checks, |
---|
5375 | 5375 | | 5114receive the results of the Federal Bureau of Investigation record search on criminal background |
---|
5376 | 5376 | | 5115checks and use the results in making licensure decisions; |
---|
5377 | 5377 | | 5116 (vi) if otherwise permitted by state law, recover from the affected nurse the costs of |
---|
5378 | 5378 | | 5117investigations and disposition of cases resulting from any adverse action taken against that nurse; |
---|
5379 | 5379 | | 5118and |
---|
5380 | 5380 | | 5119 (vii) take adverse action based on the factual findings of the remote state; provided, |
---|
5381 | 5381 | | 5120however, that the licensing board follows its own procedures for taking such adverse action. |
---|
5382 | 5382 | | 5121 (b) If adverse action is taken by the home state against a nurse’s multistate license, the |
---|
5383 | 5383 | | 5122nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until |
---|
5384 | 5384 | | 5123all encumbrances have been removed from the multistate license. All home state disciplinary |
---|
5385 | 5385 | | 5124orders that impose adverse action against a nurse’s multistate license shall include a statement CORRECTED |
---|
5386 | 5386 | | 236 of 319 |
---|
5387 | 5387 | | 5125that the nurse’s multistate licensure privilege is deactivated in all party states during the |
---|
5388 | 5388 | | 5126pendency of the order. |
---|
5389 | 5389 | | 5127 (c) Nothing in this compact shall override a party state’s decision that participation in an |
---|
5390 | 5390 | | 5128alternative program may be used in lieu of adverse action. The home state licensing board shall |
---|
5391 | 5391 | | 5129deactivate the multistate licensure privilege under the multistate license of any nurse for the |
---|
5392 | 5392 | | 5130duration of the nurse’s participation in an alternative program. |
---|
5393 | 5393 | | 5131 Section 5. (a) All party states shall participate in a coordinated licensure information |
---|
5394 | 5394 | | 5132system of all licensed registered nurses and licensed practical or vocational nurses. This system |
---|
5395 | 5395 | | 5133will include information on the licensure and disciplinary history of each nurse, as submitted by |
---|
5396 | 5396 | | 5134party states, to assist in the coordination of nurse licensure and enforcement efforts. |
---|
5397 | 5397 | | 5135 (b) The interstate commission, in consultation with the administrator of the coordinated |
---|
5398 | 5398 | | 5136licensure information system, shall formulate necessary and proper procedures for the |
---|
5399 | 5399 | | 5137identification, collection and exchange of information under this compact. |
---|
5400 | 5400 | | 5138 (c) All licensing boards shall promptly report to the coordinated licensure information |
---|
5401 | 5401 | | 5139system any adverse actions against a nurse, any current significant investigative information, |
---|
5402 | 5402 | | 5140denials of applications with the reasons for such denials and nurse participation in alternative |
---|
5403 | 5403 | | 5141programs known to the licensing board regardless of whether such participation is deemed |
---|
5404 | 5404 | | 5142nonpublic or confidential under state law. |
---|
5405 | 5405 | | 5143 (d) Current significant investigative information and participation in nonpublic or |
---|
5406 | 5406 | | 5144confidential alternative programs shall be transmitted through the coordinated licensure |
---|
5407 | 5407 | | 5145information system only to party state licensing boards. CORRECTED |
---|
5408 | 5408 | | 237 of 319 |
---|
5409 | 5409 | | 5146 (e) Notwithstanding any other provision of law, all party state licensing boards |
---|
5410 | 5410 | | 5147contributing information to the coordinated licensure information system may designate |
---|
5411 | 5411 | | 5148information that may not be shared with non-party states or disclosed to other entities or |
---|
5412 | 5412 | | 5149individuals without the express permission of the contributing state. |
---|
5413 | 5413 | | 5150 (f) Any personally identifiable information obtained from the coordinated licensure |
---|
5414 | 5414 | | 5151information system by a party state licensing board shall not be shared with non-party states or |
---|
5415 | 5415 | | 5152disclosed to other entities or individuals except to the extent permitted by the laws of the party |
---|
5416 | 5416 | | 5153state contributing the information. |
---|
5417 | 5417 | | 5154 (g) Any information contributed to the coordinated licensure information system that is |
---|
5418 | 5418 | | 5155subsequently required to be expunged by the laws of the party state contributing that information |
---|
5419 | 5419 | | 5156shall also be expunged from the coordinated licensure information system. |
---|
5420 | 5420 | | 5157 (h) The compact administrator of each party state shall furnish a uniform data set relative |
---|
5421 | 5421 | | 5158to nurses to the compact administrator of each other party state, which shall include, at a |
---|
5422 | 5422 | | 5159minimum: |
---|
5423 | 5423 | | 5160 (i) identifying information; |
---|
5424 | 5424 | | 5161 (ii) licensure data; |
---|
5425 | 5425 | | 5162 (iii) information related to alternative program participation; and |
---|
5426 | 5426 | | 5163 (iv) any other information that may facilitate the administration of this compact as |
---|
5427 | 5427 | | 5164determined by interstate commission rules. |
---|
5428 | 5428 | | 5165 The compact administrator of a party state shall provide all investigative documents and |
---|
5429 | 5429 | | 5166information requested by another party state. CORRECTED |
---|
5430 | 5430 | | 238 of 319 |
---|
5431 | 5431 | | 5167 Section 6. (a) The party states hereby create and establish a joint public entity known as |
---|
5432 | 5432 | | 5168the Interstate Commission of Nurse Licensure Compact Administrators which shall be an |
---|
5433 | 5433 | | 5169instrumentality of the party states. |
---|
5434 | 5434 | | 5170 Venue is proper and judicial proceedings by or against the interstate commission shall be |
---|
5435 | 5435 | | 5171brought solely and exclusively in a court of competent jurisdiction where the principal office of |
---|
5436 | 5436 | | 5172the interstate commission is located; provided, however, that the interstate commission may |
---|
5437 | 5437 | | 5173waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in |
---|
5438 | 5438 | | 5174alternative dispute resolution proceedings. |
---|
5439 | 5439 | | 5175 Nothing in this compact shall be construed to be a waiver of sovereign immunity. |
---|
5440 | 5440 | | 5176 (b)(1) Each party state shall have only 1 administrator. The head of the state licensing |
---|
5441 | 5441 | | 5177board or designee shall be the administrator of this compact for each party state. Any |
---|
5442 | 5442 | | 5178administrator may be removed or suspended from office as provided by the law of the state from |
---|
5443 | 5443 | | 5179which the administrator is appointed. Any vacancy occurring in the interstate commission shall |
---|
5444 | 5444 | | 5180be filled in accordance with the laws of the party state in which the vacancy exists. |
---|
5445 | 5445 | | 5181 (2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules |
---|
5446 | 5446 | | 5182and creation of by-laws and shall otherwise have an opportunity to participate in the business and |
---|
5447 | 5447 | | 5183affairs of the interstate commission. An administrator shall vote in person or by such other means |
---|
5448 | 5448 | | 5184as provided in the by-laws. The by-laws may provide for an administrator’s participation in |
---|
5449 | 5449 | | 5185meetings by telephone or other means of communication. |
---|
5450 | 5450 | | 5186 (3) The interstate commission shall meet at least once during each calendar year. |
---|
5451 | 5451 | | 5187Additional meetings shall be held as set forth in the by-laws or rules of the interstate |
---|
5452 | 5452 | | 5188commission. CORRECTED |
---|
5453 | 5453 | | 239 of 319 |
---|
5454 | 5454 | | 5189 (4) All meetings shall be open to the public and public notice of meetings shall be given |
---|
5455 | 5455 | | 5190in the same manner as required under any rules promulgated under section 7. |
---|
5456 | 5456 | | 5191 (5) The interstate commission may convene in a closed, nonpublic meeting if the subject |
---|
5457 | 5457 | | 5192of the meeting before the interstate commission is in regard to: |
---|
5458 | 5458 | | 5193 (i) noncompliance of a party state with its obligations under this compact; |
---|
5459 | 5459 | | 5194 (ii) the employment, compensation, discipline or other personnel matters, practices or |
---|
5460 | 5460 | | 5195procedures related to specific employees or other matters related to the interstate commission’s |
---|
5461 | 5461 | | 5196internal personnel practices and procedures; |
---|
5462 | 5462 | | 5197 (iii) current, threatened or reasonably anticipated litigation; |
---|
5463 | 5463 | | 5198 (iv) negotiation of contracts for the purchase or sale of goods, services or real estate; |
---|
5464 | 5464 | | 5199 (v) accusing any person of a crime or formally censuring any person; |
---|
5465 | 5465 | | 5200 (vi) disclosure of trade secrets or commercial or financial information that is privileged or |
---|
5466 | 5466 | | 5201confidential; |
---|
5467 | 5467 | | 5202 (vii) disclosure of information of a personal nature where disclosure would constitute a |
---|
5468 | 5468 | | 5203clearly unwarranted invasion of personal privacy; |
---|
5469 | 5469 | | 5204 (viii) disclosure of investigatory records compiled for law enforcement purposes; |
---|
5470 | 5470 | | 5205 (ix) disclosure of information related to any reports prepared by or on behalf of the |
---|
5471 | 5471 | | 5206interstate commission for the purpose of investigation of compliance with this compact; or |
---|
5472 | 5472 | | 5207 (x) matters specifically exempted from disclosure by federal or state statute. CORRECTED |
---|
5473 | 5473 | | 240 of 319 |
---|
5474 | 5474 | | 5208 (6) If a meeting, or portion of a meeting, is closed pursuant to this section, the interstate |
---|
5475 | 5475 | | 5209commission’s legal counsel or designee shall certify that the meeting may be closed and shall |
---|
5476 | 5476 | | 5210reference each relevant exempting provision. The interstate commission shall keep minutes that |
---|
5477 | 5477 | | 5211fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate |
---|
5478 | 5478 | | 5212summary of actions taken, and the reasons therefor, including a description of the views |
---|
5479 | 5479 | | 5213expressed. All documents considered in connection with an action shall be identified in such |
---|
5480 | 5480 | | 5214minutes. All minutes and documents of a closed meeting shall remain under seal, subject to |
---|
5481 | 5481 | | 5215release by a majority vote of the interstate commission or on order of a court of competent |
---|
5482 | 5482 | | 5216jurisdiction. |
---|
5483 | 5483 | | 5217 (c) The interstate commission shall, by a majority vote of the administrators, prescribe |
---|
5484 | 5484 | | 5218by-laws or rules to govern its conduct as may be necessary or appropriate to carry out the |
---|
5485 | 5485 | | 5219purposes and exercise the powers of this compact including, but not limited to: |
---|
5486 | 5486 | | 5220 (i) establishing the fiscal year of the interstate commission; |
---|
5487 | 5487 | | 5221 (ii) providing reasonable standards and procedures for: |
---|
5488 | 5488 | | 5222 (A) the establishment and meetings of other committees; and |
---|
5489 | 5489 | | 5223 (B) governing any general or specific delegation of any authority or function of the |
---|
5490 | 5490 | | 5224interstate commission; |
---|
5491 | 5491 | | 5225 (iii) providing reasonable procedures for calling and conducting meetings of the interstate |
---|
5492 | 5492 | | 5226commission with reasonable advance notice of all meetings and providing an opportunity for |
---|
5493 | 5493 | | 5227attendance at such meetings by interested parties, with enumerated exceptions designed to |
---|
5494 | 5494 | | 5228protect the public’s interest, the privacy of individuals, and proprietary information, including CORRECTED |
---|
5495 | 5495 | | 241 of 319 |
---|
5496 | 5496 | | 5229trade secrets; provided, however, that the interstate commission may meet in closed session only |
---|
5497 | 5497 | | 5230after a majority of the administrators vote to close a meeting in whole or in part. As soon as |
---|
5498 | 5498 | | 5231practicable, the interstate commission shall make public a copy of the vote to close the meeting, |
---|
5499 | 5499 | | 5232revealing the vote of each administrator, with no proxy votes allowed; |
---|
5500 | 5500 | | 5233 (iv) establishing the titles, duties and authority and reasonable procedures for the election |
---|
5501 | 5501 | | 5234of the officers of the interstate commission; |
---|
5502 | 5502 | | 5235 (v) providing reasonable standards and procedures for the establishment of the personnel |
---|
5503 | 5503 | | 5236policies and programs of the interstate commission; provided, however, that notwithstanding any |
---|
5504 | 5504 | | 5237civil service or other similar laws of any party state, the by-laws shall exclusively govern the |
---|
5505 | 5505 | | 5238personnel policies and programs of the interstate commission; and |
---|
5506 | 5506 | | 5239 (vi) providing a mechanism for winding up the operations of the interstate commission |
---|
5507 | 5507 | | 5240and the equitable disposition of any surplus funds that may exist after the termination of this |
---|
5508 | 5508 | | 5241compact after the payment or reserving of all of its debts and obligations. |
---|
5509 | 5509 | | 5242 (d) The interstate commission shall publish its by-laws and rules and any amendments |
---|
5510 | 5510 | | 5243thereto in a convenient form on its website. |
---|
5511 | 5511 | | 5244 (e) The interstate commission shall maintain its financial records in accordance with the |
---|
5512 | 5512 | | 5245by-laws. |
---|
5513 | 5513 | | 5246 (f) The interstate commission shall meet and take such actions as are consistent with this |
---|
5514 | 5514 | | 5247compact and the by-laws. |
---|
5515 | 5515 | | 5248 (g) The interstate commission may: CORRECTED |
---|
5516 | 5516 | | 242 of 319 |
---|
5517 | 5517 | | 5249 (i) promulgate uniform rules to facilitate and coordinate implementation and |
---|
5518 | 5518 | | 5250administration of this compact; provided, however, that such rules shall have the force and effect |
---|
5519 | 5519 | | 5251of law and shall be binding in all party states; |
---|
5520 | 5520 | | 5252 (ii) bring and prosecute legal proceedings or actions in the name of the interstate |
---|
5521 | 5521 | | 5253commission, provided that the standing of any licensing board to sue or be sued under applicable |
---|
5522 | 5522 | | 5254law shall not be affected; |
---|
5523 | 5523 | | 5255 (iii) purchase and maintain insurance and bonds; |
---|
5524 | 5524 | | 5256 (iv) borrow, accept or contract for services of personnel including, but not limited to, |
---|
5525 | 5525 | | 5257employees of a party state or nonprofit organizations; |
---|
5526 | 5526 | | 5258 (v) cooperate with other organizations that administer state compacts related to the |
---|
5527 | 5527 | | 5259regulation of nursing including, but not limited to, sharing administrative or staff expenses, |
---|
5528 | 5528 | | 5260office space or other resources; |
---|
5529 | 5529 | | 5261 (vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such |
---|
5530 | 5530 | | 5262individuals appropriate authority to carry out the purposes of this compact and establish the |
---|
5531 | 5531 | | 5263interstate commission’s personnel policies and programs relating to conflicts of interest, |
---|
5532 | 5532 | | 5264qualifications of personnel and other related personnel matters; |
---|
5533 | 5533 | | 5265 (vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, |
---|
5534 | 5534 | | 5266materials and services and receive, utilize and dispose of the same; provided, however, that the |
---|
5535 | 5535 | | 5267interstate commission shall avoid any appearance of impropriety or conflict of interest; CORRECTED |
---|
5536 | 5536 | | 243 of 319 |
---|
5537 | 5537 | | 5268 (viii) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, |
---|
5538 | 5538 | | 5269improve or use, any property, whether real, personal or mixed; provided, however, that the |
---|
5539 | 5539 | | 5270interstate commission shall avoid any appearance of impropriety or conflict of interest; |
---|
5540 | 5540 | | 5271 (ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any |
---|
5541 | 5541 | | 5272property, whether real, personal or mixed; |
---|
5542 | 5542 | | 5273 (x) establish a budget and make expenditures; |
---|
5543 | 5543 | | 5274 (xi) borrow money; |
---|
5544 | 5544 | | 5275 (xii) appoint committees, including advisory committees comprised of administrators, |
---|
5545 | 5545 | | 5276state nursing regulators, state legislators or their representatives and consumer representatives |
---|
5546 | 5546 | | 5277and other such interested persons; |
---|
5547 | 5547 | | 5278 (xiii) provide and receive information from, and to cooperate with, law enforcement |
---|
5548 | 5548 | | 5279agencies; |
---|
5549 | 5549 | | 5280 (xiv) adopt and use an official seal; and |
---|
5550 | 5550 | | 5281 (xv) perform such other functions as may be necessary or appropriate to achieve the |
---|
5551 | 5551 | | 5282purposes of this compact consistent with the state regulation of nurse licensure and practice. |
---|
5552 | 5552 | | 5283 (h)(1) The interstate commission shall pay or provide for the payment of the reasonable |
---|
5553 | 5553 | | 5284expenses of its establishment, organization and ongoing activities. |
---|
5554 | 5554 | | 5285 (2) The interstate commission may levy on and collect an annual assessment from each |
---|
5555 | 5555 | | 5286party state to cover the cost of its operations, activities and staff in its annual budget as approved |
---|
5556 | 5556 | | 5287each year. The aggregate annual assessment amount, if any, shall be allocated based upon a CORRECTED |
---|
5557 | 5557 | | 244 of 319 |
---|
5558 | 5558 | | 5288formula to be determined by the interstate commission, by regulations which shall be binding |
---|
5559 | 5559 | | 5289upon all party states. |
---|
5560 | 5560 | | 5290 (3) The interstate commission shall not incur obligations of any kind prior to securing the |
---|
5561 | 5561 | | 5291funds adequate to meet the same. The interstate commission shall not pledge the credit of any of |
---|
5562 | 5562 | | 5292the party states, except by and with the authority of such party state. |
---|
5563 | 5563 | | 5293 (4) The interstate commission shall keep accurate accounts of all receipts and |
---|
5564 | 5564 | | 5294disbursements. The receipts and disbursements of the interstate commission shall be subject to |
---|
5565 | 5565 | | 5295the audit and accounting procedures established in its by-laws. All receipts and disbursements of |
---|
5566 | 5566 | | 5296funds handled by the interstate commission shall be audited yearly by a certified or licensed |
---|
5567 | 5567 | | 5297public accountant and a report of the audit shall be included in and become part of the annual |
---|
5568 | 5568 | | 5298report of the interstate commission. |
---|
5569 | 5569 | | 5299 (i) (1) The administrators, officers, executive director, employees and representatives of |
---|
5570 | 5570 | | 5300the interstate commission shall be immune from suit and liability, either personally or in their |
---|
5571 | 5571 | | 5301official capacity, for any claim for damage to or loss of property or personal injury or other civil |
---|
5572 | 5572 | | 5302liability caused by or arising out of any actual or alleged act, error or omission that occurred, or |
---|
5573 | 5573 | | 5303that the person against whom the claim is made had a reasonable basis for believing that any |
---|
5574 | 5574 | | 5304such actual or alleged act, error or omission had occurred, within the scope of interstate |
---|
5575 | 5575 | | 5305commission employment, duties or responsibilities. Nothing in this paragraph shall provide |
---|
5576 | 5576 | | 5306immunity to any such person for any damage, loss, injury or liability caused by the intentional, |
---|
5577 | 5577 | | 5307willful or wanton misconduct of such person. |
---|
5578 | 5578 | | 5308 (2) The interstate commission shall defend any administrator, officer, executive director, |
---|
5579 | 5579 | | 5309employee or representative of the interstate commission in any civil action seeking to impose CORRECTED |
---|
5580 | 5580 | | 245 of 319 |
---|
5581 | 5581 | | 5310liability arising out of any actual or alleged act, error or omission that occurred within the scope |
---|
5582 | 5582 | | 5311of interstate commission employment, duties or responsibilities or that the person against whom |
---|
5583 | 5583 | | 5312the claim is made had a reasonable basis for believing any such actual or alleged act, error or |
---|
5584 | 5584 | | 5313omission had occurred within the scope of interstate commission employment, duties or |
---|
5585 | 5585 | | 5314responsibilities and the actual or alleged act, error or omission did not result from that person’s |
---|
5586 | 5586 | | 5315intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from |
---|
5587 | 5587 | | 5316retaining counsel at such person’s own expense. |
---|
5588 | 5588 | | 5317 (3) The interstate commission shall indemnify and hold harmless any administrator, |
---|
5589 | 5589 | | 5318officer, executive director, employee or representative of the interstate commission for the |
---|
5590 | 5590 | | 5319amount of any settlement or judgment obtained against that person arising out of any actual or |
---|
5591 | 5591 | | 5320alleged act, error or omission that occurred within the scope of interstate commission |
---|
5592 | 5592 | | 5321employment, duties or responsibilities, or that such person had a reasonable basis for believing |
---|
5593 | 5593 | | 5322occurred within the scope of interstate commission employment, duties or responsibilities, |
---|
5594 | 5594 | | 5323provided that the actual or alleged act, error or omission did not result from the intentional, |
---|
5595 | 5595 | | 5324willful or wanton misconduct of that person. |
---|
5596 | 5596 | | 5325 Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to |
---|
5597 | 5597 | | 5326the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall |
---|
5598 | 5598 | | 5327become binding as of the date specified in each rule or amendment and shall have the same force |
---|
5599 | 5599 | | 5328and effect as provisions in this compact. |
---|
5600 | 5600 | | 5329 (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of |
---|
5601 | 5601 | | 5330the interstate commission. CORRECTED |
---|
5602 | 5602 | | 246 of 319 |
---|
5603 | 5603 | | 5331 (c) Prior to promulgation and adoption of a final rule by the interstate commission, and at |
---|
5604 | 5604 | | 5332least 60 days in advance of the meeting at which any such rule will be considered and voted |
---|
5605 | 5605 | | 5333upon, the interstate commission shall file a notice of proposed rulemaking on the website of: |
---|
5606 | 5606 | | 5334 (i) the interstate commission; and |
---|
5607 | 5607 | | 5335 (ii) each licensing board or the publication in which each state would otherwise publish |
---|
5608 | 5608 | | 5336proposed rules. |
---|
5609 | 5609 | | 5337 (d) The notice of proposed rulemaking shall include: |
---|
5610 | 5610 | | 5338 (i) the proposed time, date and location of the meeting in which the rule will be |
---|
5611 | 5611 | | 5339considered and voted upon; |
---|
5612 | 5612 | | 5340 (ii) the text of the proposed rule or amendment and the reason therefor; |
---|
5613 | 5613 | | 5341 (iii) a request for comments on the proposed rule from any interested person; and |
---|
5614 | 5614 | | 5342 (iv) the manner in which interested persons may submit notice to the interstate |
---|
5615 | 5615 | | 5343commission of their intention to attend the public hearing and any written comments. |
---|
5616 | 5616 | | 5344 (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to |
---|
5617 | 5617 | | 5345submit written data, facts, opinions and arguments which shall be made available to the public. |
---|
5618 | 5618 | | 5346 (f) The interstate commission shall grant an opportunity for a public hearing before it |
---|
5619 | 5619 | | 5347adopts a rule or amendment. |
---|
5620 | 5620 | | 5348 (g) The interstate commission shall publish the place, time and date of the scheduled |
---|
5621 | 5621 | | 5349public hearing. CORRECTED |
---|
5622 | 5622 | | 247 of 319 |
---|
5623 | 5623 | | 5350 (1) Hearings shall be conducted in a manner providing each person who wishes to |
---|
5624 | 5624 | | 5351comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be |
---|
5625 | 5625 | | 5352recorded and a copy of such recording shall be made available upon request. |
---|
5626 | 5626 | | 5353 (2) Nothing in this section shall require a separate hearing on each rule. Rules may be |
---|
5627 | 5627 | | 5354grouped for the convenience of the interstate commission at hearings required by this section. |
---|
5628 | 5628 | | 5355 (h) If no person appears at the public hearing, the interstate commission may proceed |
---|
5629 | 5629 | | 5356with promulgation of the proposed rule. |
---|
5630 | 5630 | | 5357 (i) Following the scheduled hearing date or by the close of business on the scheduled |
---|
5631 | 5631 | | 5358hearing date if the hearing was not held, the interstate commission shall consider all written and |
---|
5632 | 5632 | | 5359oral comments received. |
---|
5633 | 5633 | | 5360 (j) The interstate commission shall, by majority vote of all administrators, take final |
---|
5634 | 5634 | | 5361action on the proposed rule and shall determine the effective date of the rule based on the |
---|
5635 | 5635 | | 5362rulemaking record and the full text of the rule. |
---|
5636 | 5636 | | 5363 (k) Upon determination that an emergency exists, the interstate commission may consider |
---|
5637 | 5637 | | 5364and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, |
---|
5638 | 5638 | | 5365however, that the usual rulemaking procedures provided herein shall be retroactively applied to |
---|
5639 | 5639 | | 5366the rule as soon as reasonably possible but not later than 90 days after the effective date of the |
---|
5640 | 5640 | | 5367rule. For the purposes of this subsection, an emergency rule is one that requires adoption |
---|
5641 | 5641 | | 5368immediately to: |
---|
5642 | 5642 | | 5369 (i) meet an imminent threat to public health, safety or welfare; |
---|
5643 | 5643 | | 5370 (ii) prevent a loss of interstate commission or party state funds; or CORRECTED |
---|
5644 | 5644 | | 248 of 319 |
---|
5645 | 5645 | | 5371 (iii) meet a deadline for the promulgation of an administrative rule that is required by |
---|
5646 | 5646 | | 5372federal law. |
---|
5647 | 5647 | | 5373 (l) The interstate commission may direct revisions to a previously adopted rule or |
---|
5648 | 5648 | | 5374amendment for purposes of correcting typographical errors, errors in format, errors in |
---|
5649 | 5649 | | 5375consistency and grammatical errors. Public notice of any revisions shall be posted on the website |
---|
5650 | 5650 | | 5376of the interstate commission. The revision shall be subject to challenge by any person for a |
---|
5651 | 5651 | | 5377period of 30 days after posting. The revision may be challenged only on grounds that the revision |
---|
5652 | 5652 | | 5378results in a material change to a rule. A challenge shall be made in writing and delivered to the |
---|
5653 | 5653 | | 5379interstate commission prior to the end of the notice period. If no challenge is made, the revision |
---|
5654 | 5654 | | 5380shall take effect without further action. If the revision is challenged, the revision shall not take |
---|
5655 | 5655 | | 5381effect without the approval of the interstate commission. |
---|
5656 | 5656 | | 5382 Section 8. (a)(1) Each party state shall enforce this compact and take all actions necessary |
---|
5657 | 5657 | | 5383and appropriate to effectuate this compact’s purposes and intent. |
---|
5658 | 5658 | | 5384 (2) The interstate commission may receive service of process in any proceeding that may |
---|
5659 | 5659 | | 5385affect the powers, responsibilities or actions of the interstate commission and shall have standing |
---|
5660 | 5660 | | 5386to intervene in such a proceeding for all purposes. Failure to provide service of process in such |
---|
5661 | 5661 | | 5387proceeding to the interstate commission shall render a judgment or order void as to the interstate |
---|
5662 | 5662 | | 5388commission, this compact or any rules promulgated hereunder. |
---|
5663 | 5663 | | 5389 (b)(1) If the interstate commission determines that a party state has defaulted in the |
---|
5664 | 5664 | | 5390performance of its obligations or responsibilities under this compact or the promulgated rules, |
---|
5665 | 5665 | | 5391the interstate commission shall: CORRECTED |
---|
5666 | 5666 | | 249 of 319 |
---|
5667 | 5667 | | 5392 (i) provide written notice to the defaulting state and other party states of the nature of the |
---|
5668 | 5668 | | 5393default, the proposed means of curing the default or any other action to be taken by the interstate |
---|
5669 | 5669 | | 5394commission; and |
---|
5670 | 5670 | | 5395 (ii) provide remedial training and specific technical assistance regarding the default. |
---|
5671 | 5671 | | 5396 (2) If a state in default fails to cure the default, the defaulting state’s membership in this |
---|
5672 | 5672 | | 5397compact may be terminated upon an affirmative vote of a majority of the administrators and all |
---|
5673 | 5673 | | 5398rights, privileges and benefits conferred by this compact may be terminated on the date cited; |
---|
5674 | 5674 | | 5399provided, however, that a cure of the default shall not relieve the offending state of obligations or |
---|
5675 | 5675 | | 5400liabilities incurred during the period of default. |
---|
5676 | 5676 | | 5401 (3) Termination of membership in this compact shall be imposed only after all other |
---|
5677 | 5677 | | 5402means of securing compliance have been exhausted. Notice of intent to suspend or terminate |
---|
5678 | 5678 | | 5403shall be given by the interstate commission to the governor of the defaulting state and to the |
---|
5679 | 5679 | | 5404executive officer of the defaulting state’s licensing board and each of the party states. |
---|
5680 | 5680 | | 5405 (4) A state whose membership in this compact has been terminated is responsible for all |
---|
5681 | 5681 | | 5406assessments, obligations and liabilities incurred through the effective date of termination, |
---|
5682 | 5682 | | 5407including obligations that extend beyond the effective date of termination. |
---|
5683 | 5683 | | 5408 (5) The interstate commission shall not bear any costs related to a state that is found to be |
---|
5684 | 5684 | | 5409in default or whose membership in this compact has been terminated unless agreed upon in |
---|
5685 | 5685 | | 5410writing between the interstate commission and the defaulting state. |
---|
5686 | 5686 | | 5411 (6) The defaulting state may appeal the action of the interstate commission by petitioning |
---|
5687 | 5687 | | 5412the United States District Court for the District of Columbia or the federal district in which the CORRECTED |
---|
5688 | 5688 | | 250 of 319 |
---|
5689 | 5689 | | 5413interstate commission has its principal offices. The prevailing party shall be awarded all costs of |
---|
5690 | 5690 | | 5414such litigation, including reasonable attorneys’ fees. |
---|
5691 | 5691 | | 5415 (c)(1) Upon request by a party state, the interstate commission shall attempt to resolve |
---|
5692 | 5692 | | 5416disputes related to the compact that arise among party states and between party and nonparty |
---|
5693 | 5693 | | 5417states. |
---|
5694 | 5694 | | 5418 (2) The interstate commission shall promulgate rules providing for mediation and binding |
---|
5695 | 5695 | | 5419dispute resolution for disputes, as appropriate. |
---|
5696 | 5696 | | 5420 (3) If the interstate commission cannot resolve disputes among party states arising under |
---|
5697 | 5697 | | 5421this compact: |
---|
5698 | 5698 | | 5422 (i) the party states may submit the issues in dispute to an arbitration panel, which shall be |
---|
5699 | 5699 | | 5423comprised of individuals appointed by the compact administrator in each of the affected party |
---|
5700 | 5700 | | 5424states and an individual mutually agreed upon by the compact administrators of all the party |
---|
5701 | 5701 | | 5425states involved in the dispute; and |
---|
5702 | 5702 | | 5426 (ii) the decision of a majority of the arbitrators shall be final and binding. |
---|
5703 | 5703 | | 5427 (d)(1) The interstate commission, in the reasonable exercise of its discretion, shall |
---|
5704 | 5704 | | 5428enforce this compact. |
---|
5705 | 5705 | | 5429 (2) By majority vote, the interstate commission may initiate legal action in the United |
---|
5706 | 5706 | | 5430States District Court for the District of Columbia or the federal district in which the interstate |
---|
5707 | 5707 | | 5431commission has its principal offices against a party state that is in default to enforce compliance |
---|
5708 | 5708 | | 5432with this compact and any rules and by-laws promulgated hereunder. The relief sought may CORRECTED |
---|
5709 | 5709 | | 251 of 319 |
---|
5710 | 5710 | | 5433include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing |
---|
5711 | 5711 | | 5434party shall be awarded all costs of litigation, including reasonable attorneys’ fees. |
---|
5712 | 5712 | | 5435 (3) The remedies herein shall not be the exclusive remedies of the interstate commission. |
---|
5713 | 5713 | | 5436The interstate commission may pursue any other remedies available under federal or state law. |
---|
5714 | 5714 | | 5437 Section 9. (a) This compact shall become effective and binding on the earlier of the date |
---|
5715 | 5715 | | 5438of legislative enactment of this compact into law by not less than 26 states or December 31, |
---|
5716 | 5716 | | 54392018. All party states to this compact that were also were parties to the prior Nurse Licensure |
---|
5717 | 5717 | | 5440Compact, superseded by this compact, shall be deemed to have withdrawn from the prior |
---|
5718 | 5718 | | 5441compact within 6 months after the effective date of this compact. |
---|
5719 | 5719 | | 5442 (b) Each party state to this compact shall continue to recognize a nurse’s multistate |
---|
5720 | 5720 | | 5443licensure privilege to practice in that party state issued under the prior compact until such party |
---|
5721 | 5721 | | 5444state has withdrawn from the prior compact. |
---|
5722 | 5722 | | 5445 (c) Any party state may withdraw from this compact by enacting a law repealing the |
---|
5723 | 5723 | | 5446same. A party state’s withdrawal shall not take effect until 6 months after enactment of the |
---|
5724 | 5724 | | 5447repealing statute. |
---|
5725 | 5725 | | 5448 (d) A party state’s withdrawal or termination shall not affect the continuing requirement |
---|
5726 | 5726 | | 5449of the withdrawing or terminated state’s licensing board to report adverse actions and significant |
---|
5727 | 5727 | | 5450investigations occurring prior to the effective date of such withdrawal or termination. |
---|
5728 | 5728 | | 5451 (e) Nothing contained in this compact shall be construed to invalidate or prevent any |
---|
5729 | 5729 | | 5452nurse licensure agreement or other cooperative arrangement between a party state and a non- |
---|
5730 | 5730 | | 5453party state that is made in accordance with the other provisions of this compact. CORRECTED |
---|
5731 | 5731 | | 252 of 319 |
---|
5732 | 5732 | | 5454 (f) This compact may be amended by the party states. No amendment to this compact |
---|
5733 | 5733 | | 5455shall become effective and binding upon the party states unless it is enacted into the laws of all |
---|
5734 | 5734 | | 5456party states. |
---|
5735 | 5735 | | 5457 (g) Representatives of nonparty states to this compact shall be invited to participate in the |
---|
5736 | 5736 | | 5458activities of the interstate commission, on a nonvoting basis, prior to the adoption of this |
---|
5737 | 5737 | | 5459compact by all states. |
---|
5738 | 5738 | | 5460 Section 10. This compact shall be liberally construed to effectuate its purposes. The |
---|
5739 | 5739 | | 5461provisions of this compact shall be severable and if any phrase, clause, sentence or provision of |
---|
5740 | 5740 | | 5462this compact is declared to be contrary to the constitution of any party state or of the United |
---|
5741 | 5741 | | 5463States or if the applicability thereof to any government, agency, person or circumstance is held to |
---|
5742 | 5742 | | 5464be invalid, the validity of the remainder of this compact and the applicability thereof to any |
---|
5743 | 5743 | | 5465government, agency, person or circumstance shall not be affected thereby. If this compact shall |
---|
5744 | 5744 | | 5466be held to be contrary to the constitution of any party state, this compact shall remain in full |
---|
5745 | 5745 | | 5467force and effect as to the remaining party states and in full force and effect as to the party state |
---|
5746 | 5746 | | 5468affected as to all severable matters. |
---|
5747 | 5747 | | 5469 Section 11. The executive director of the board of registration in nursing or a designee |
---|
5748 | 5748 | | 5470thereof shall be the administrator of the nurse licensure compact for the commonwealth. |
---|
5749 | 5749 | | 5471 Section 12. The board of registration in nursing shall adopt regulations in the same |
---|
5750 | 5750 | | 5472manner as all other states legally joining in the compact and may adopt additional regulations as |
---|
5751 | 5751 | | 5473necessary to implement this chapter. |
---|
5752 | 5752 | | 5474 Section 13. The board of registration in nursing may recover from a nurse the costs of |
---|
5753 | 5753 | | 5475investigation and disposition of cases resulting in any adverse disciplinary action taken against CORRECTED |
---|
5754 | 5754 | | 253 of 319 |
---|
5755 | 5755 | | 5476that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be |
---|
5756 | 5756 | | 5477deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter |
---|
5757 | 5757 | | 547810. |
---|
5758 | 5758 | | 5479 Section 14. The board of registration in nursing may take disciplinary action against the |
---|
5759 | 5759 | | 5480practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in |
---|
5760 | 5760 | | 5481the commonwealth under a license issued by the party state. The board’s disciplinary action may |
---|
5761 | 5761 | | 5482be based on disciplinary action against the nurse’s license taken by the nurse’s home state. |
---|
5762 | 5762 | | 5483 Section 15. In reporting information to the coordinated licensure information system |
---|
5763 | 5763 | | 5484under section 8 related to the nurse licensure compact, the board of registration in nursing may |
---|
5764 | 5764 | | 5485disclose personally identifiable information about the nurse, including the nurse’s social security |
---|
5765 | 5765 | | 5486number. |
---|
5766 | 5766 | | 5487 Section 16. Nothing in this chapter, including the entrance of the commonwealth into the |
---|
5767 | 5767 | | 5488nurse licensure compact, shall supersede existing labor laws. |
---|
5768 | 5768 | | 5489 Section 17. The commonwealth, its officers and employees, and the board of registration |
---|
5769 | 5769 | | 5490in nursing and its agents who act in accordance with this chapter shall not be liable for any act or |
---|
5770 | 5770 | | 5491omission in good faith while engaged in the performance of their duties under this chapter. Good |
---|
5771 | 5771 | | 5492faith shall not include willful misconduct, gross negligence or recklessness. |
---|
5772 | 5772 | | 5493 Section 18. As part of the licensure and background check process for a multistate license |
---|
5773 | 5773 | | 5494and to determine the suitability of an applicant for multistate licensure, the board of registration |
---|
5774 | 5774 | | 5495in nursing, prior to issuing any such multistate license, shall conduct a fingerprint-based check of |
---|
5775 | 5775 | | 5496the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law |
---|
5776 | 5776 | | 549792-544. CORRECTED |
---|
5777 | 5777 | | 254 of 319 |
---|
5778 | 5778 | | 5498 Fingerprints shall be submitted to the identification section of the department of state |
---|
5779 | 5779 | | 5499police for a state criminal history check and forwarded to the Federal Bureau of Investigation for |
---|
5780 | 5780 | | 5500a national criminal history check, according to the policies and procedures established by the |
---|
5781 | 5781 | | 5501state identification section and by the department of criminal justice information services. |
---|
5782 | 5782 | | 5502Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state |
---|
5783 | 5783 | | 5503identification section and the department of criminal justice information services for requests |
---|
5784 | 5784 | | 5504submitted by the board of registration in nursing as authorized in this section to ensure the |
---|
5785 | 5785 | | 5505continued suitability of these individuals for licensure. The department of criminal justice |
---|
5786 | 5786 | | 5506information services may disseminate the results of the state and national criminal background |
---|
5787 | 5787 | | 5507checks to the executive director of the board of registration in nursing and authorized staff of the |
---|
5788 | 5788 | | 5508board. |
---|
5789 | 5789 | | 5509 All applicants shall pay a fee to be established by the secretary of administration and |
---|
5790 | 5790 | | 5510finance, in consultation with the secretary of public safety, to offset the costs of operating and |
---|
5791 | 5791 | | 5511administering a fingerprint-based criminal background check system. The secretary of |
---|
5792 | 5792 | | 5512administration and finance, in consultation with the secretary of public safety, may increase the |
---|
5793 | 5793 | | 5513fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check |
---|
5794 | 5794 | | 5514service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited |
---|
5795 | 5795 | | 5515into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of |
---|
5796 | 5796 | | 5516chapter 29. |
---|
5797 | 5797 | | 5517 The board of registration in nursing may receive all criminal offender record information |
---|
5798 | 5798 | | 5518and the results of checks of state and national criminal history databases under Public Law 92- |
---|
5799 | 5799 | | 5519544. When the board of registration in nursing obtains the results of checks of state and national |
---|
5800 | 5800 | | 5520criminal history databases, it shall treat the information according to sections 167 to 178, CORRECTED |
---|
5801 | 5801 | | 255 of 319 |
---|
5802 | 5802 | | 5521inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record |
---|
5803 | 5803 | | 5522information. |
---|
5804 | 5804 | | 5523 Notwithstanding subsections 9 and 9½ of section 4 of chapter 151B, if the board of |
---|
5805 | 5805 | | 5524registration in nursing receives criminal record information from the state or national fingerprint- |
---|
5806 | 5806 | | 5525based criminal background checks that includes no disposition or is otherwise incomplete, the |
---|
5807 | 5807 | | 5526agency head may request that an applicant for licensure provide additional information regarding |
---|
5808 | 5808 | | 5527the results of the criminal background checks to assist the agency head in determining the |
---|
5809 | 5809 | | 5528applicant’s suitability for licensure. |
---|
5810 | 5810 | | 5529 SECTION 230. Section 2 of chapter 128 of the General Laws, as appearing in the 2022 |
---|
5811 | 5811 | | 5530Official Edition, is hereby amended by striking out, in line 78, the word “October” and inserting |
---|
5812 | 5812 | | 5531in place thereof the following word:- December. |
---|
5813 | 5813 | | 5532 SECTION 231. Section 5 of chapter 128A of the General Laws, as so appearing, is |
---|
5814 | 5814 | | 5533hereby amended by inserting after the word “racing”, in line 257, the following words:- or |
---|
5815 | 5815 | | 5534simulcasting under chapter 128C. |
---|
5816 | 5816 | | 5535 SECTION 232. Subsection (5) of section 2 of chapter 128C of the General Laws, as most |
---|
5817 | 5817 | | 5536recently amended by section 6 of chapter 26 of the acts of 2023, is hereby further amended by |
---|
5818 | 5818 | | 5537striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- The |
---|
5819 | 5819 | | 5538running horse racing meeting licensees located in Suffolk county and Worcester county may |
---|
5820 | 5820 | | 5539simulcast at any location in Suffolk county or Worcester county, respectively, as approved by the |
---|
5821 | 5821 | | 5540commission: (a) unlimited running horse racing; and (b) on any day during the calendar year, |
---|
5822 | 5822 | | 5541unlimited harness horse racing, except during live racing performances of the harness horse |
---|
5823 | 5823 | | 5542racing licensee located in Norfolk county. The Suffolk county and Worcester county horse racing CORRECTED |
---|
5824 | 5824 | | 256 of 319 |
---|
5825 | 5825 | | 5543licensees shall simulcast the racing cards of the harness horse racing licensee located in Norfolk |
---|
5826 | 5826 | | 5544county and shall pay a fee of 11 per cent for the intrastate racing cards and shall pay a 2 per cent |
---|
5827 | 5827 | | 5545premium with respect to any interstate harness horse simulcasts received over and above the |
---|
5828 | 5828 | | 5546costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk |
---|
5829 | 5829 | | 5547county or Worcester county licensees and identified in their annual applications for a racing |
---|
5830 | 5830 | | 5548meeting license, during which no premium need be paid. |
---|
5831 | 5831 | | 5549 SECTION 233. Said chapter 128C is hereby further amended by adding the following |
---|
5832 | 5832 | | 5550section:- |
---|
5833 | 5833 | | 5551 Section 10. (a) Notwithstanding sections 1 to 8, inclusive, or any other general or special |
---|
5834 | 5834 | | 5552law to the contrary, no racing meeting licensee, including licensees holding racing meetings in |
---|
5835 | 5835 | | 5553connection with a state or county fair as defined in section 1 of chapter 128A, shall be required |
---|
5836 | 5836 | | 5554to pay any fees or other money into the greyhound capital improvements trust fund or the |
---|
5837 | 5837 | | 5555greyhound promotional trust fund. |
---|
5838 | 5838 | | 5556 (b) All amounts in the greyhound capital improvements trust fund and the greyhound |
---|
5839 | 5839 | | 5557promotional trust fund attributable to any greyhound dog racing meeting licensees shall be |
---|
5840 | 5840 | | 5558returned by the Massachusetts Gaming Commission to the licensees without further condition. |
---|
5841 | 5841 | | 5559 SECTION 234. Section 1 of chapter 130 of the General Laws, as appearing in the 2022 |
---|
5842 | 5842 | | 5560Official Edition, is hereby amended by striking out the definition of “Close season” and inserting |
---|
5843 | 5843 | | 5561in place thereof the following definition:- |
---|
5844 | 5844 | | 5562 “Close season” or “closed season”, the time during which fish cannot lawfully be taken |
---|
5845 | 5845 | | 5563or a time or area when and where the use of fishing gear is prohibited. CORRECTED |
---|
5846 | 5846 | | 257 of 319 |
---|
5847 | 5847 | | 5564 SECTION 235. Said section 1 of said chapter 130, as so appearing, is hereby further |
---|
5848 | 5848 | | 5565amended by inserting after the definition of “Fish car” the following 2 definitions:- |
---|
5849 | 5849 | | 5566 “Fishing gear”, a trap, net, fish car or other device that: (i) is intact; (ii) functions as |
---|
5850 | 5850 | | 5567intended to take, hold or capture fish; and (iii) is in the water during open season. |
---|
5851 | 5851 | | 5568 “Fishing gear debris”, a trap, net, fish car or other device that: (i) is not intact; (ii) does |
---|
5852 | 5852 | | 5569not function as intended to take, hold or capture fish; and (iii) is in the water during closed |
---|
5853 | 5853 | | 5570season. |
---|
5854 | 5854 | | 5571 SECTION 236. Said section 1 of said chapter 130, as so appearing, is hereby further |
---|
5855 | 5855 | | 5572amended by striking out the definition of “Open season” and inserting in place thereof the |
---|
5856 | 5856 | | 5573following definition:- |
---|
5857 | 5857 | | 5574 “Open season”, the time during which fish may lawfully be taken or a time or area where |
---|
5858 | 5858 | | 5575the use of a particular fishing gear is permitted. |
---|
5859 | 5859 | | 5576 SECTION 237. Said chapter 130 is hereby further amended by striking out section 31, as |
---|
5860 | 5860 | | 5577so appearing, and inserting in place thereof the following section:- |
---|
5861 | 5861 | | 5578 Section 31. No person shall, without the consent of the owner, take, use, destroy, injure |
---|
5862 | 5862 | | 5579or molest fishing gear. The division, with the approval of the marine fisheries advisory |
---|
5863 | 5863 | | 5580commission and the department, shall promulgate regulations that may authorize or permit the |
---|
5864 | 5864 | | 5581removal of fishing gear debris from the waters under the jurisdiction of the commonwealth and |
---|
5865 | 5865 | | 5582the adjacent coastal shoreline; provided, however, that fishing gear debris collected by the |
---|
5866 | 5866 | | 5583division shall not be subject to chapter 134. |
---|
5867 | 5867 | | 5584 SECTION 238. Section 32 of said chapter 130 is hereby repealed. CORRECTED |
---|
5868 | 5868 | | 258 of 319 |
---|
5869 | 5869 | | 5585 SECTION 239. Chapter 138 of the General Laws is hereby amended by striking out |
---|
5870 | 5870 | | 5586section 15F, as appearing in the 2022 Official Edition, and inserting in place thereof the |
---|
5871 | 5871 | | 5587following section:- |
---|
5872 | 5872 | | 5588 Section 15F. (a) Notwithstanding any other provision of this chapter, the local licensing |
---|
5873 | 5873 | | 5589authority of any city or town in which the granting of licenses to sell alcoholic beverages is |
---|
5874 | 5874 | | 5590authorized in this chapter may issue to an applicant a special license to sell at an indoor or |
---|
5875 | 5875 | | 5591outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed |
---|
5876 | 5876 | | 5592containers for off-premises consumption and the applicant is authorized to operate a farmer- |
---|
5877 | 5877 | | 5593winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt |
---|
5878 | 5878 | | 5594beverages are in sealed containers for off-premises consumption and the applicant is authorized |
---|
5879 | 5879 | | 5595to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii) |
---|
5880 | 5880 | | 5596distilled products produced by or for the applicant if the distilled product is in sealed containers |
---|
5881 | 5881 | | 5597for off-premises consumption and the applicant is authorized to operate a farmer-distillery under |
---|
5882 | 5882 | | 5598section 19E. For the purposes of this section, “agricultural event” shall be limited to those events |
---|
5883 | 5883 | | 5599certified by the department of agricultural resources pursuant to this section. |
---|
5884 | 5884 | | 5600 (b) Sales of alcoholic beverages under this section shall be conducted by the licensee or |
---|
5885 | 5885 | | 5601by an agent, representative or solicitor of the licensee to customers who are not less than 21 years |
---|
5886 | 5886 | | 5602of age. A licensee under this section may provide, at no charge, samples of its alcoholic |
---|
5887 | 5887 | | 5603beverages to prospective customers at an indoor or outdoor agricultural event; provided, |
---|
5888 | 5888 | | 5604however, that such samples shall be served by the licensee or by the agent, representative or |
---|
5889 | 5889 | | 5605solicitor of the licensee to individuals who are at least 21 years of age and shall be consumed in |
---|
5890 | 5890 | | 5606the presence of the licensee or the agent, representative or solicitor of the licensee; provided |
---|
5891 | 5891 | | 5607further, that a sample of: (i) wine shall not exceed 1 ounce; (ii) a distilled product shall not CORRECTED |
---|
5892 | 5892 | | 259 of 319 |
---|
5893 | 5893 | | 5608exceed 0.25 ounce; and (iii) a malt beverage shall not exceed 2 ounces; and provided further, that |
---|
5894 | 5894 | | 5609not more than 5 samples of wine or malt beverages and not more than 4 samples of distilled |
---|
5895 | 5895 | | 5610products shall be served to an individual prospective customer. |
---|
5896 | 5896 | | 5611 (c) An applicant for a special license under this section shall first submit a plan to the |
---|
5897 | 5897 | | 5612department of agricultural resources that shall demonstrate that the event is an agricultural event. |
---|
5898 | 5898 | | 5613The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; |
---|
5899 | 5899 | | 5614(iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the |
---|
5900 | 5900 | | 5615prospective licensee has been approved as a vendor at the event, including the name and contact |
---|
5901 | 5901 | | 5616information of the on-site manager; and (v) a plan depicting the premises and the specific |
---|
5902 | 5902 | | 5617location where the license shall be exercised. |
---|
5903 | 5903 | | 5618 (d) Upon review of the plan, the department may certify that the event is an agricultural |
---|
5904 | 5904 | | 5619event; provided, however, that in making that determination, the department shall consider: (i) |
---|
5905 | 5905 | | 5620operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) |
---|
5906 | 5906 | | 5621the frequency and regularity of the event, including dates, times and locations; (iii) the number of |
---|
5907 | 5907 | | 5622vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the |
---|
5908 | 5908 | | 5623training of the on-site manager; (vii) any operational guidelines or rules, which shall include |
---|
5909 | 5909 | | 5624vendor eligibility and produce source; (viii) the focus of the event on local agricultural products |
---|
5910 | 5910 | | 5625grown or produced within the market area; (ix) the types of shows or exhibits, including those |
---|
5911 | 5911 | | 5626described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or |
---|
5912 | 5912 | | 5627operation by an agricultural or horticultural society organized under the laws of the |
---|
5913 | 5913 | | 5628commonwealth or by a local grange organization or association that has a primary purpose of |
---|
5914 | 5914 | | 5629promoting agriculture and its allied industries. The department of agricultural resources may CORRECTED |
---|
5915 | 5915 | | 260 of 319 |
---|
5916 | 5916 | | 5630promulgate rules and regulations necessary for the operation, oversight, approval and inspection |
---|
5917 | 5917 | | 5631of agricultural events under this section. |
---|
5918 | 5918 | | 5632 (e) In addition to its application, an applicant for a special license under this section shall |
---|
5919 | 5919 | | 5633file with the local licensing authority proof of certification from the department of agricultural |
---|
5920 | 5920 | | 5634resources that the event is an agricultural event. A special license under this section shall |
---|
5921 | 5921 | | 5635designate the specific premises and the dates and times covered. A special license may be |
---|
5922 | 5922 | | 5636granted for an indoor or outdoor agricultural event that takes place on multiple dates or times |
---|
5923 | 5923 | | 5637during a single calendar year, but a special license shall not be granted for an agricultural event if |
---|
5924 | 5924 | | 5638the event is not scheduled to take place within 1 calendar year. |
---|
5925 | 5925 | | 5639 (f) The special license shall be conspicuously displayed at the licensed premises. A copy |
---|
5926 | 5926 | | 5640of a special license granted by the local licensing authority shall be submitted by the authority to |
---|
5927 | 5927 | | 5641the commission not less than 7 days before the date the agricultural event is scheduled to begin. |
---|
5928 | 5928 | | 5642The local licensing authority may charge a fee for each special license granted, but such fee shall |
---|
5929 | 5929 | | 5643not exceed $50. A special license granted under this section shall be nontransferable to any other |
---|
5930 | 5930 | | 5644person, corporation or organization and shall be clearly marked “nontransferable” on its face. |
---|
5931 | 5931 | | 5645 (g) A special license under this section may be granted by a local licensing authority for a |
---|
5932 | 5932 | | 5646portion of premises that are licensed under section 12; provided, however that: (i) the holder of |
---|
5933 | 5933 | | 5647the special license shall document the legal basis for use of the premises; (ii) the area in which |
---|
5934 | 5934 | | 5648the special license is to be approved shall be physically delineated from the area remaining under |
---|
5935 | 5935 | | 5649the control of the holder of the license granted under said section 12; (iii) the holder of the |
---|
5936 | 5936 | | 5650special license shall be solely liable for all activities that arise out of the special license; and (iv) CORRECTED |
---|
5937 | 5937 | | 261 of 319 |
---|
5938 | 5938 | | 5651the holder of the special license shall not pay any consideration directly or indirectly to the |
---|
5939 | 5939 | | 5652holder of the license granted under said section 12 for the access to or use of the premises. |
---|
5940 | 5940 | | 5653 SECTION 240. Section 19A of said chapter 138, as so appearing, is hereby amended by |
---|
5941 | 5941 | | 5654striking out, in line 3, the words “19C or 19D” and inserting in place thereof the following |
---|
5942 | 5942 | | 5655words:- 19C, 19D or 19E. |
---|
5943 | 5943 | | 5656 SECTION 241. Section 19C of said chapter 138, as so appearing, is hereby amended by |
---|
5944 | 5944 | | 5657inserting after the word “premises”, in line 124, the following words:- or in accordance with |
---|
5945 | 5945 | | 5658section 15F. |
---|
5946 | 5946 | | 5659 SECTION 242. Section 19D of said chapter 138, as so appearing, is hereby amended by |
---|
5947 | 5947 | | 5660inserting after the word “premises”, in line 126, the following words:- , or in accordance with |
---|
5948 | 5948 | | 5661section 15F. |
---|
5949 | 5949 | | 5662 SECTION 243. Section 19E of said chapter 138, as so appearing, is hereby amended by |
---|
5950 | 5950 | | 5663inserting after the word “premises”, in line 125, the following words:- , or in accordance with |
---|
5951 | 5951 | | 5664section 15F. |
---|
5952 | 5952 | | 5665 SECTION 244. Section 26 of said chapter 138, as so appearing, is hereby amended by |
---|
5953 | 5953 | | 5666striking out, in lines 3 and 22, the word “his” and inserting in place thereof, in each instance, the |
---|
5954 | 5954 | | 5667following word:- their. |
---|
5955 | 5955 | | 5668 SECTION 245. Said section 26 of said chapter 138, as so appearing, is hereby further |
---|
5956 | 5956 | | 5669amended by inserting after the word “States” in lines 4 and 16, each time it appears, the |
---|
5957 | 5957 | | 5670following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101. CORRECTED |
---|
5958 | 5958 | | 262 of 319 |
---|
5959 | 5959 | | 5671 SECTION 246. Said section 26 of said chapter 138, as so appearing, is hereby further |
---|
5960 | 5960 | | 5672amended by inserting after the word “citizen”, in line 6, the following words:- or qualified alien. |
---|
5961 | 5961 | | 5673 SECTION 247. Said section 26 of said chapter 138, as so appearing, is hereby further |
---|
5962 | 5962 | | 5674amended by striking out, in line 16, the word “him” and inserting in place thereof the following |
---|
5963 | 5963 | | 5675word:- them. |
---|
5964 | 5964 | | 5676 SECTION 248. Chapter 140 of the General Laws is hereby amended by striking out |
---|
5965 | 5965 | | 5677section 182A, as so appearing, and inserting in place thereof the following section:- |
---|
5966 | 5966 | | 5678 Section 182A. (a) Every ticket of admission or other evidence of right of entry to any |
---|
5967 | 5967 | | 5679theatrical exhibition, public show or public amusement or exhibition required to be licensed by |
---|
5968 | 5968 | | 5680sections 181 and 182 for admission to which a price is charged, shall bear on its face the price |
---|
5969 | 5969 | | 5681charged for such ticket or other evidence of right of entry by the person issuing the same or |
---|
5970 | 5970 | | 5682causing the same to be issued. Whoever issues or causes to be issued such a ticket or other |
---|
5971 | 5971 | | 5683evidence of right of entry in violation of this section shall be punished by a fine of not more than |
---|
5972 | 5972 | | 5684$500. |
---|
5973 | 5973 | | 5685 (b) A theatrical exhibition, public show or public amusement or exhibition, or an agent |
---|
5974 | 5974 | | 5686thereof, shall not restrict the transferability of a ticket sold unless the terms and conditions of the |
---|
5975 | 5975 | | 5687restrictions on transferability are clearly and conspicuously provided to the consumer prior to |
---|
5976 | 5976 | | 5688purchase and the consumer acknowledges receipt of such disclosure prior to purchase. |
---|
5977 | 5977 | | 5689 (c) A ticket of admission to a theatrical exhibition, public show or public amusement or |
---|
5978 | 5978 | | 5690exhibition shall be considered a license. Venue operators, or operators’ agents, may maintain and |
---|
5979 | 5979 | | 5691enforce policies and conditions or requirements for ticket purchase with respect to conduct, CORRECTED |
---|
5980 | 5980 | | 263 of 319 |
---|
5981 | 5981 | | 5692behavior, public health and safety or age at the venue or event and may establish limits on the |
---|
5982 | 5982 | | 5693quantity of tickets that may be purchased. |
---|
5983 | 5983 | | 5694 (d) The commissioner of the division of occupational licensure may undertake |
---|
5984 | 5984 | | 5695functionality testing, audits and other measures to ensure that a paperless ticketing system used |
---|
5985 | 5985 | | 5696for entry access to theatrical exhibitions, public shows or public amusements or exhibitions |
---|
5986 | 5986 | | 5697meets reasonable standards of reliability for providing entry to persons with verified authentic |
---|
5987 | 5987 | | 5698paperless tickets. |
---|
5988 | 5988 | | 5699 SECTION 249. Said chapter 140 is hereby further amended further by striking out |
---|
5989 | 5989 | | 5700sections 185A to 185D, inclusive, as so appearing, and inserting in place thereof the following 4 |
---|
5990 | 5990 | | 5701sections:- |
---|
5991 | 5991 | | 5702 Section 185A. (a) No person shall engage in the business of selling tickets or the business |
---|
5992 | 5992 | | 5703of reselling or facilitating a mechanism for 2 or more parties to participate in the resale of any |
---|
5993 | 5993 | | 5704ticket of admission to any theatrical exhibition, public show or public amusement or exhibition |
---|
5994 | 5994 | | 5705required to be licensed under sections 181 and 182 or under chapter 128A, whether such business |
---|
5995 | 5995 | | 5706is conducted on or off the premises on which such ticket or other evidence is to be used, without |
---|
5996 | 5996 | | 5707being licensed by the commissioner of occupational licensure. |
---|
5997 | 5997 | | 5708 (b) A license shall be granted only upon a written application setting forth such |
---|
5998 | 5998 | | 5709information as the commissioner of occupational licensure may require. Each license issued |
---|
5999 | 5999 | | 5710under this section shall be in force until the first day of January next after its date, unless sooner |
---|
6000 | 6000 | | 5711revoked. No such license shall be transferred or assigned except upon written permission of the |
---|
6001 | 6001 | | 5712commissioner of occupational licensure. The sale of a ticket or pass, entitling the holder of said |
---|
6002 | 6002 | | 5713ticket or pass to admission to any such theatrical exhibition, public show or public amusement or CORRECTED |
---|
6003 | 6003 | | 264 of 319 |
---|
6004 | 6004 | | 5714exhibition upon payment either of nothing or a sum less than that demanded of the public |
---|
6005 | 6005 | | 5715generally shall be deemed to be a resale pursuant to subsection (a). |
---|
6006 | 6006 | | 5716 Section 185B. (a) The fee for each license granted under section 185A and for each |
---|
6007 | 6007 | | 5717annual renewal thereof shall be determined annually by the secretary of administration and |
---|
6008 | 6008 | | 5718finance under section 3B of chapter 7 for the filing thereof. |
---|
6009 | 6009 | | 5719 (b) If any licensee demonstrates that their business provides a service to facilitate ticket |
---|
6010 | 6010 | | 5720transactions without charging any fees or surcharges above the established face value ticket |
---|
6011 | 6011 | | 5721price, on every transaction, except a reasonable and actual service charge for the delivery of |
---|
6012 | 6012 | | 5722tickets, then the fees for licensing may be waived at the discretion of the commissioner of |
---|
6013 | 6013 | | 5723occupational licensure. |
---|
6014 | 6014 | | 5724 (c)(1) The applicant for a license shall file with the application a bond in the penal sum of |
---|
6015 | 6015 | | 5725$25,000, which bond shall be approved by the commissioner of occupational licensure. Each |
---|
6016 | 6016 | | 5726such bond shall be conditioned that the obligor: (i) shall not be guilty of any fraud or extortion; |
---|
6017 | 6017 | | 5727(ii) shall not violate directly or indirectly any of the provisions of sections 185A to 185F, |
---|
6018 | 6018 | | 5728inclusive, or any of the provisions of the license provided for in said sections; (iii) shall comply |
---|
6019 | 6019 | | 5729with the provisions of said sections 185A to 185F, inclusive; and (iv) shall pay all damages |
---|
6020 | 6020 | | 5730occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or |
---|
6021 | 6021 | | 5731any unlawful act or omission that such obligor or their agents or employees, while acting within |
---|
6022 | 6022 | | 5732the scope of their employment, made, committed or omitted in connection with said sections in |
---|
6023 | 6023 | | 5733the business conducted under such license or caused by any other violation in carrying on the |
---|
6024 | 6024 | | 5734business for which such license is granted. One or more recoveries or payments upon such bond |
---|
6025 | 6025 | | 5735shall not vitiate the same but such bond shall remain in full force and effect; provided, however, CORRECTED |
---|
6026 | 6026 | | 265 of 319 |
---|
6027 | 6027 | | 5736that the aggregate amount of all such recoveries or payments shall not exceed the penal sum |
---|
6028 | 6028 | | 5737thereof. |
---|
6029 | 6029 | | 5738 (2) Before drawing upon such bond, the commissioner of occupational licensure shall |
---|
6030 | 6030 | | 5739issue a determination in writing which shall include the basis of such action. The commissioner |
---|
6031 | 6031 | | 5740shall notify in writing the licensee of any such determination and shall afford the licensee an |
---|
6032 | 6032 | | 5741opportunity to respond within 20 days of the receipt of such determination. In no event may the |
---|
6033 | 6033 | | 5742bond be drawn upon in less than 25 days after the service of a determination to the licensee. Such |
---|
6034 | 6034 | | 5743written notice may be served by delivery thereof personally to the licensee or by certified mail to |
---|
6035 | 6035 | | 5744the last known business address of such licensee. Only upon such determination of the |
---|
6036 | 6036 | | 5745commissioner shall money be withdrawn from the bond. |
---|
6037 | 6037 | | 5746 (3) The commencement of any action against the surety upon any such bond for a sum or |
---|
6038 | 6038 | | 5747sums aggregating or exceeding the amount of such bond shall require a new and additional bond |
---|
6039 | 6039 | | 5748in like amount as the original bond, which shall be filed within 30 days after the demand |
---|
6040 | 6040 | | 5749therefor. |
---|
6041 | 6041 | | 5750 (4) Failure to file such bond within such period shall constitute cause for the revocation |
---|
6042 | 6042 | | 5751of the license theretofore issued to the licensee upon whom such demand shall have been made. |
---|
6043 | 6043 | | 5752 (5) Any suit or action against the surety on any bond required by this section shall be |
---|
6044 | 6044 | | 5753commenced within 1 year after the cause of action shall have accrued. |
---|
6045 | 6045 | | 5754 Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean |
---|
6046 | 6046 | | 5755any machine, device, computer program or computer software that, on its own or with human |
---|
6047 | 6047 | | 5756assistance, bypasses security measures or access control systems on a retail ticket purchasing CORRECTED |
---|
6048 | 6048 | | 266 of 319 |
---|
6049 | 6049 | | 5757platform, or other controls or measures on a retail ticket purchasing platform that assist in |
---|
6050 | 6050 | | 5758implementing a limit on the number of tickets that can be purchased, to purchase tickets. |
---|
6051 | 6051 | | 5759 (b) The commissioner of occupational licensure, after notice to the licensee and |
---|
6052 | 6052 | | 5760reasonable opportunity to be heard, may revoke a license or may suspend the license for such |
---|
6053 | 6053 | | 5761period as the commissioner may deem proper, upon satisfactory proof that the licensee has |
---|
6054 | 6054 | | 5762violated or permitted a violation of any condition of the license or of any rule or regulation of the |
---|
6055 | 6055 | | 5763commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to |
---|
6056 | 6056 | | 5764receive a license for 1 year after the expiration of the term of the license so revoked. |
---|
6057 | 6057 | | 5765 (c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing |
---|
6058 | 6058 | | 5766software to purchase tickets. Any person, firm, corporation or other entity who knowingly |
---|
6059 | 6059 | | 5767utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty in an |
---|
6060 | 6060 | | 5768amount not less than $500 per violation and shall forfeit all profits made from the sale of any |
---|
6061 | 6061 | | 5769such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee |
---|
6062 | 6062 | | 5770who is adjudicated guilty of the following acts shall have their license revoked and may be |
---|
6063 | 6063 | | 5771barred from licensure for a period not to exceed 3 years if such licensee: (i) knowingly utilized |
---|
6064 | 6064 | | 5772ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a |
---|
6065 | 6065 | | 5773ticket that such licensee knew was obtained using ticket purchasing software; or (iii) |
---|
6066 | 6066 | | 5774intentionally maintained any interest in or maintained any control of the operation of ticket |
---|
6067 | 6067 | | 5775purchasing software to purchase tickets. |
---|
6068 | 6068 | | 5776 (d) Any person, firm, corporation or other entity that has knowledge of the use of ticket |
---|
6069 | 6069 | | 5777purchasing software in violation of this chapter and fails to notify the office of the attorney |
---|
6070 | 6070 | | 5778general within 30 days shall be subject to a civil penalty in the amount of $500 per violation. CORRECTED |
---|
6071 | 6071 | | 267 of 319 |
---|
6072 | 6072 | | 5779 Section 185D. (a) For the purpose of this section, “service charges” shall mean costs |
---|
6073 | 6073 | | 5780incurred by a licensee related solely to the procuring and selling of tickets to any theatrical |
---|
6074 | 6074 | | 5781exhibition, public show or public amusement or exhibition and not related to the general business |
---|
6075 | 6075 | | 5782operation of the licensee. Service charges shall include, but shall not be limited to, charges for |
---|
6076 | 6076 | | 5783messengers, postage and long-distance telephone calls, extensions of credit and costs attributable |
---|
6077 | 6077 | | 5784thereto. |
---|
6078 | 6078 | | 5785 (b) No licensee under section 185A shall sell tickets, resell tickets or facilitate the sale or |
---|
6079 | 6079 | | 5786resale of any ticket to any theatrical exhibition, public show or public amusement or exhibition |
---|
6080 | 6080 | | 5787of any description without a guarantee to each purchaser of such sold or resold tickets that they |
---|
6081 | 6081 | | 5788shall provide a full refund of the amount paid by the purchaser, including, but not limited to, all |
---|
6082 | 6082 | | 5789service charges if any of the following occurs: (i) the event for which such ticket has been sold or |
---|
6083 | 6083 | | 5790resold is cancelled; (ii) the ticket received by the purchaser does not grant the purchaser |
---|
6084 | 6084 | | 5791admission to the event described on the ticket; (iii) the ticket was not delivered to the purchaser |
---|
6085 | 6085 | | 5792prior to the occurrence of the event, unless such failure of delivery was due to an act or omission |
---|
6086 | 6086 | | 5793of the purchaser; or (iv) the ticket fails to conform to its description as advertised unless the |
---|
6087 | 6087 | | 5794purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket to the |
---|
6088 | 6088 | | 5795same event that is in a comparable location, where applicable, and at no additional cost to the |
---|
6089 | 6089 | | 5796consumer, shall be considered providing a full refund for the purposes of this section. |
---|
6090 | 6090 | | 5797 (c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket |
---|
6091 | 6091 | | 5798price stated in dollars that represents a service charge or any other fee or surcharge to the |
---|
6092 | 6092 | | 5799purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior |
---|
6093 | 6093 | | 5800to the ticket being selected for purchase; provided, that the total ticket price, inclusive of any |
---|
6094 | 6094 | | 5801service charges or any other fee or surcharge but excluding taxes, shall be disclosed at the time CORRECTED |
---|
6095 | 6095 | | 268 of 319 |
---|
6096 | 6096 | | 5802of the initial presentation or listing of the ticket price. Disclosures of subtotals, fees, charges and |
---|
6097 | 6097 | | 5803any other component of the total price shall not be false or misleading and may not be presented |
---|
6098 | 6098 | | 5804more prominently or in a larger size than the total price. Failure to disclose the fees clearly and |
---|
6099 | 6099 | | 5805conspicuously or misrepresenting the total ticket price under this section shall constitute an |
---|
6100 | 6100 | | 5806unfair or deceptive act or practice under chapter 93A. |
---|
6101 | 6101 | | 5807 (d) Any person, firm, corporation or other entity who violates this section may be barred |
---|
6102 | 6102 | | 5808from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not |
---|
6103 | 6103 | | 5809more than $5,000 per violation. |
---|
6104 | 6104 | | 5810 (e) The imposition of a fee, on an annual or per order basis, for customers purchasing |
---|
6105 | 6105 | | 5811tickets other than by immediate payment therefor in cash, which includes a membership fee, |
---|
6106 | 6106 | | 5812office expenses and other costs of processing credit card orders, shall not be deemed a violation |
---|
6107 | 6107 | | 5813of this section. |
---|
6108 | 6108 | | 5814 SECTION 250. Section 185E of said chapter 140, as so appearing, is hereby amended by |
---|
6109 | 6109 | | 5815inserting after the second sentence the following sentence:- A licensee shall keep full and |
---|
6110 | 6110 | | 5816accurate sets of records showing: (i) the prices at which all tickets have been bought and sold by |
---|
6111 | 6111 | | 5817such licensee; and (ii) the names and addresses of the person, firm or corporation from whom |
---|
6112 | 6112 | | 5818they were bought. |
---|
6113 | 6113 | | 5819 SECTION 251. Section 4 of chapter 142A of the General Laws, as so appearing, is |
---|
6114 | 6114 | | 5820hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the |
---|
6115 | 6115 | | 5821following figure:- 5. CORRECTED |
---|
6116 | 6116 | | 269 of 319 |
---|
6117 | 6117 | | 5822 SECTION 252. Section 5 of said chapter 142A, as so appearing, is hereby amended by |
---|
6118 | 6118 | | 5823inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to |
---|
6119 | 6119 | | 5824section 4. |
---|
6120 | 6120 | | 5825 SECTION 253. Said section 5 of said chapter 142A, as so appearing, is hereby further |
---|
6121 | 6121 | | 5826amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all |
---|
6122 | 6122 | | 5827customary and reasonable efforts to collect the judgment but the contractor has filed for |
---|
6123 | 6123 | | 5828bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after |
---|
6124 | 6124 | | 5829execution” and inserting in place thereof the following words:- contractor has failed to pay the |
---|
6125 | 6125 | | 5830judgment or award and the director has determined that reasonable efforts to collect have been |
---|
6126 | 6126 | | 5831made. |
---|
6127 | 6127 | | 5832 SECTION 254. Section 7 of said chapter 142A, as so appearing, is hereby amended by |
---|
6128 | 6128 | | 5833striking out the first paragraph and inserting in place thereof the following paragraph:- |
---|
6129 | 6129 | | 5834 An owner may make a claim to the fund only if the owner has complied with section 3, |
---|
6130 | 6130 | | 5835has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 |
---|
6131 | 6131 | | 5836years from the date of the contract, the contractor has failed to pay the judgment or award and |
---|
6132 | 6132 | | 5837the director has determined that reasonable efforts to collect have been made. |
---|
6133 | 6133 | | 5838 SECTION 255. Said section 7 of said chapter 142A, as so appearing, is hereby further |
---|
6134 | 6134 | | 5839amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in |
---|
6135 | 6135 | | 5840place thereof the following figure:- $25,000. |
---|
6136 | 6136 | | 5841 SECTION 256. Said section 7 of said chapter 142A, as so appearing, is hereby further |
---|
6137 | 6137 | | 5842amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars”, each time |
---|
6138 | 6138 | | 5843they appear, and inserting in place thereof, in each instance, the following figure:- $150,000. CORRECTED |
---|
6139 | 6139 | | 270 of 319 |
---|
6140 | 6140 | | 5844 SECTION 257. Section 9 of said chapter 142A, as so appearing, is hereby amended by |
---|
6141 | 6141 | | 5845adding the following subsection:- |
---|
6142 | 6142 | | 5846 (e) Prior to approving any application for registration or renewal conforming to the |
---|
6143 | 6143 | | 5847requirements of this chapter, the director shall refer identifying information regarding an |
---|
6144 | 6144 | | 5848applicant to the department of criminal justice information services, which shall obtain criminal |
---|
6145 | 6145 | | 5849offender record information but shall transmit to the director only information regarding any |
---|
6146 | 6146 | | 5850conviction of the applicant of gross fraud or cheat at common law, as defined in section 76 of |
---|
6147 | 6147 | | 5851chapter 266. |
---|
6148 | 6148 | | 5852 SECTION 258. Section 15 of said chapter 142A is hereby repealed. |
---|
6149 | 6149 | | 5853 SECTION 259. Section 17 of said chapter 142A, as appearing in the 2022 Official |
---|
6150 | 6150 | | 5854Edition, is hereby amended by striking out clause (17) and inserting in place thereof the |
---|
6151 | 6151 | | 5855following 4 clauses:- |
---|
6152 | 6152 | | 5856 (17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266; |
---|
6153 | 6153 | | 5857 (18) having a license, certificate, registration or authority issued by another state or |
---|
6154 | 6154 | | 5858territory of the United States, the District of Columbia or a foreign state or nation with authority |
---|
6155 | 6155 | | 5859to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not |
---|
6156 | 6156 | | 5860renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the |
---|
6157 | 6157 | | 5861action would constitute a basis for disciplinary action in the commonwealth; |
---|
6158 | 6158 | | 5862 (19) failing to repay the fund in full, including the appropriate amount of annual interest, |
---|
6159 | 6159 | | 5863for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or |
---|
6160 | 6160 | | 5864 (20) violating any other provision of this chapter. CORRECTED |
---|
6161 | 6161 | | 271 of 319 |
---|
6162 | 6162 | | 5865 SECTION 260. Said section 17 of said chapter 142A, as so appearing, is hereby further |
---|
6163 | 6163 | | 5866amended by adding the following paragraph:- |
---|
6164 | 6164 | | 5867 For purposes of this section, the conduct of a contractor or subcontractor shall be deemed |
---|
6165 | 6165 | | 5868to include the conduct of their agents, employees, salespersons or subcontractors, whether or not |
---|
6166 | 6166 | | 5869an express relationship exists, if the work or activities is within the scope of the contract and not |
---|
6167 | 6167 | | 5870for additional work beyond the contract undertaken by separate agreement with the owner. |
---|
6168 | 6168 | | 5871 SECTION 261. The first paragraph of section 18 of said chapter 142A, as so appearing, is |
---|
6169 | 6169 | | 5872hereby amended by adding the following sentence:- The director may also enter into a consent |
---|
6170 | 6170 | | 5873agreement with a registrant to impose 1 or more administrative penalties, including, but not |
---|
6171 | 6171 | | 5874limited to, voluntary revocation of the registration. |
---|
6172 | 6172 | | 5875 SECTION 262. Section 53 of chapter 146 of the General Laws, as so appearing, is hereby |
---|
6173 | 6173 | | 5876amended by adding the following 2 subsections:- |
---|
6174 | 6174 | | 5877 (h) A public high school that operates hoisting equipment as part of a vocational technical |
---|
6175 | 6175 | | 5878education program approved under chapter 74 shall be exempt from this section if the school: (i) |
---|
6176 | 6176 | | 5879has not less than 1 supervisory instructor who holds a license issued by the division of |
---|
6177 | 6177 | | 5880occupational licensure pursuant to this section and who is designated as the responsible person in |
---|
6178 | 6178 | | 5881charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on |
---|
6179 | 6179 | | 5882site at all times of operation; and (B) designated as the responsible person in charge of hoisting |
---|
6180 | 6180 | | 5883equipment during that period of operation; and (ii) provides an in-service training program for its |
---|
6181 | 6181 | | 5884instructors. |
---|
6182 | 6182 | | 5885 (i) A training facility that is recognized by the division of apprentice standards and that |
---|
6183 | 6183 | | 5886trains apprentices for the occupation of operating engineer shall be exempt from this section if CORRECTED |
---|
6184 | 6184 | | 272 of 319 |
---|
6185 | 6185 | | 5887the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the |
---|
6186 | 6186 | | 5888division of occupational licensure pursuant to this section and who is designated as the |
---|
6187 | 6187 | | 5889responsible person in charge of the hoisting equipment; provided, however, that the supervising |
---|
6188 | 6188 | | 5890instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in |
---|
6189 | 6189 | | 5891charge of hoisting equipment during that period of operation; and (ii) provides an in-service |
---|
6190 | 6190 | | 5892training program for its instructors. |
---|
6191 | 6191 | | 5893 SECTION 263. Chapter 147 of the General Laws is hereby amended by striking out |
---|
6192 | 6192 | | 5894section 36 and inserting in place thereof the following 3 sections:- |
---|
6193 | 6193 | | 5895 Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative |
---|
6194 | 6194 | | 5896sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed |
---|
6195 | 6195 | | 5897under this section and sections 35 and 35A. There shall also be in attendance not less than 3 |
---|
6196 | 6196 | | 5898duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for |
---|
6197 | 6197 | | 5899the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, |
---|
6198 | 6198 | | 5900in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be |
---|
6199 | 6199 | | 5901rendered in favor of the contestant receiving a majority of the votes or, if neither receives a |
---|
6200 | 6200 | | 5902majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, |
---|
6201 | 6201 | | 5903the vote of each judge shall be announced from the ring. The referee shall have full power to stop |
---|
6202 | 6202 | | 5904the match or exhibition whenever they deem it advisable because of the physical condition of a |
---|
6203 | 6203 | | 5905contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient |
---|
6204 | 6204 | | 5906reason. The commission shall declare forfeited any prize, remuneration or purse or any part |
---|
6205 | 6205 | | 5907thereof belonging to a contestant if, in the judgment of a majority of the commissioners after |
---|
6206 | 6206 | | 5908consultation with the judges and the referee, the contestant was not competing in good faith. The CORRECTED |
---|
6207 | 6207 | | 273 of 319 |
---|
6208 | 6208 | | 5909fees of the referee and other licensed officials shall be fixed by the commission and shall be paid |
---|
6209 | 6209 | | 5910by the licensed organization prior to the match or exhibition. |
---|
6210 | 6210 | | 5911 Section 36A. (a) The commission shall set forth rules and regulations for contracts |
---|
6211 | 6211 | | 5912between a manager and an unarmed combatant and contracts between a promoter and an |
---|
6212 | 6212 | | 5913unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a |
---|
6213 | 6213 | | 5914promoter unless the contract is filed with the commission prior to a scheduled contest in an |
---|
6214 | 6214 | | 5915amount of time established by the commission. The commission shall only honor a contract that |
---|
6215 | 6215 | | 5916is executed and notarized on a form provided by the commission unless the contract terms |
---|
6216 | 6216 | | 5917comply with the requirements set forth by the commission. |
---|
6217 | 6217 | | 5918 (b) The commission may invalidate, enforce, mediate or modify contracts pursuant to |
---|
6218 | 6218 | | 5919subsection (a). The commission may require that each contract include language authorizing the |
---|
6219 | 6219 | | 5920commission to withhold any portion of a promoter’s or manager’s share of a purse in the event of |
---|
6220 | 6220 | | 5921a contractual dispute with a contestant over their entitlement to any portion of a purse. |
---|
6221 | 6221 | | 5922 (c) The commission shall be the sole arbiter of a breach of contract and shall establish |
---|
6222 | 6222 | | 5923rules governing the manner in which contract disputes shall be resolved. |
---|
6223 | 6223 | | 5924 Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who |
---|
6224 | 6224 | | 5925conducts themself at any time or place in a manner that is deemed by the commission to discredit |
---|
6225 | 6225 | | 5926any unarmed combative sports, may have their license revoked and be fined, suspended or |
---|
6226 | 6226 | | 5927otherwise disciplined in such manner as the commission may direct. |
---|
6227 | 6227 | | 5928 SECTION 264. Said chapter 147 is hereby further amended by striking out section 39B |
---|
6228 | 6228 | | 5929and inserting in place thereof the following section:- CORRECTED |
---|
6229 | 6229 | | 274 of 319 |
---|
6230 | 6230 | | 5930 Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed |
---|
6231 | 6231 | | 5931martial arts or other unarmed combative sports events, sparring matches or exhibitions, except |
---|
6232 | 6232 | | 5932those persons to whom a special license may be granted thereunder without the requirement of a |
---|
6233 | 6233 | | 5933bond or payment of the annual fee, shall take out a policy of accident insurance on each |
---|
6234 | 6234 | | 5934contestant participating in the match or exhibition in an amount determined by the commission, |
---|
6235 | 6235 | | 5935but not less than $10,000, to compensate the contestant for medical and hospital expenses |
---|
6236 | 6236 | | 5936incurred as the result of injuries received in such match or exhibition and a policy in an amount |
---|
6237 | 6237 | | 5937determined by the commission, but not less than $100,000, to be paid to the estate of a deceased |
---|
6238 | 6238 | | 5938contestant in the event of the death of the contestant resulting from participation in the match or |
---|
6239 | 6239 | | 5939exhibition. The premiums on the policies shall be paid by the licensee. |
---|
6240 | 6240 | | 5940 SECTION 265. Subsection (4) of section 25Q of chapter 152 of the General Laws, as |
---|
6241 | 6241 | | 5941appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- |
---|
6242 | 6242 | | 5942Subsection (1) shall not apply to groups that have been in existence for at least 5 years and have |
---|
6243 | 6243 | | 5943established a premium payment plan acceptable to the commissioner. |
---|
6244 | 6244 | | 5944 SECTION 266. Section 2 of the chapter 167F of the General Laws, as so appearing, is |
---|
6245 | 6245 | | 5945hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital |
---|
6246 | 6246 | | 5946Corporation created under chapter 40W” and inserting in place thereof the following words:- |
---|
6247 | 6247 | | 5947growth capital division of the Massachusetts Development Finance Agency established in |
---|
6248 | 6248 | | 5948section 2 of chapter 23G. |
---|
6249 | 6249 | | 5949 SECTION 267. Paragraph 14G of section 63 of chapter 175 of the General Laws, as so |
---|
6250 | 6250 | | 5950appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof |
---|
6251 | 6251 | | 5951the following 3 clauses:- CORRECTED |
---|
6252 | 6252 | | 275 of 319 |
---|
6253 | 6253 | | 5952 (2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC- |
---|
6254 | 6254 | | 5953SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the |
---|
6255 | 6255 | | 5954NAIC-SVO; |
---|
6256 | 6256 | | 5955 (3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the |
---|
6257 | 6257 | | 5956requirements of the NAIC-SVO; provided, however, that in the event that the provisionally rated |
---|
6258 | 6258 | | 5957bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or |
---|
6259 | 6259 | | 5958the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds, |
---|
6260 | 6260 | | 5959notes, evidences of indebtedness or contractual obligations for the payment of money |
---|
6261 | 6261 | | 5960subsequently fail to qualify under clause (1) or (2) after any appeal by the insurer within the |
---|
6262 | 6262 | | 5961applicable time periods specified by the NAIC-SVO, the bonds, notes, evidences of indebtedness |
---|
6263 | 6263 | | 5962or contractual obligations for the payment of money shall no longer qualify as permitted |
---|
6264 | 6264 | | 5963investments under this paragraph; provided further, that no company may invest more than an |
---|
6265 | 6265 | | 5964aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or |
---|
6266 | 6266 | | 5965contractual obligations for the payment of money issued, guaranteed or insured by any one |
---|
6267 | 6267 | | 5966institution pursuant to this paragraph; or |
---|
6268 | 6268 | | 5967 (4) are of an exchange-traded fund registered pursuant to the Investment Company Act of |
---|
6269 | 6269 | | 59681940; provided, that: |
---|
6270 | 6270 | | 5969 (i) the exchange-traded fund is solvent and reported not less than $100,000,000 of net |
---|
6271 | 6271 | | 5970assets in its latest annual or more recent certified audited financial statement; |
---|
6272 | 6272 | | 5971 (ii) the exchange-traded fund operates as a corporation, trust or other substantially similar |
---|
6273 | 6273 | | 5972legal structure registered with the Securities and Exchange Commission pursuant to the |
---|
6274 | 6274 | | 5973Investment Company Act of 1940, and the offered shares of the exchange-traded fund are CORRECTED |
---|
6275 | 6275 | | 276 of 319 |
---|
6276 | 6276 | | 5974registered under the Securities Act of 1933; provided, however, that each exchange-traded fund |
---|
6277 | 6277 | | 5975shall be treated as the issuer of the securities issued by the fund for the purposes of this |
---|
6278 | 6278 | | 5976paragraph; |
---|
6279 | 6279 | | 5977 (iii) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be |
---|
6280 | 6280 | | 5978placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting |
---|
6281 | 6281 | | 5979as a long-term bond in the purposes and procedures manual of the NAIC-SVO or a successor |
---|
6282 | 6282 | | 5980publication; and |
---|
6283 | 6283 | | 5981 (iv) the amount of the domestic stock or mutual life company’s investment in the |
---|
6284 | 6284 | | 5982exchange-traded fund does not exceed 15 per cent of said company’s capital and surplus. |
---|
6285 | 6285 | | 5983 Subclause (iii) shall not authorize a domestic stock or mutual life company to invest in a |
---|
6286 | 6286 | | 5984bond exchange-traded fund that has embedded structural features designed to deliver |
---|
6287 | 6287 | | 5985performance that does not track the full unlevered and positive return of the underlying index or |
---|
6288 | 6288 | | 5986exposure, including a leverage or inverse exchange-traded fund. |
---|
6289 | 6289 | | 5987 An insurer may deposit with the department shares of a bond exchange-traded fund |
---|
6290 | 6290 | | 5988described by clause (4) as a statutory deposit if state law requires a statutory deposit from the |
---|
6291 | 6291 | | 5989insurer. |
---|
6292 | 6292 | | 5990 SECTION 268. Section 85W of chapter 231 of the General Laws, as so appearing, is |
---|
6293 | 6293 | | 5991hereby amended by inserting after the word “compensation”, in line 2, the following words:- in |
---|
6294 | 6294 | | 5992excess of $500 per year. |
---|
6295 | 6295 | | 5993 SECTION 269. Section 35C of chapter 244 of the General Laws, as so appearing, is |
---|
6296 | 6296 | | 5994hereby amended by adding the following subsection:- CORRECTED |
---|
6297 | 6297 | | 277 of 319 |
---|
6298 | 6298 | | 5995 (i)(1) For purposes of this subsection, the following words shall have the following |
---|
6299 | 6299 | | 5996meanings unless the context clearly requires otherwise: |
---|
6300 | 6300 | | 5997 “Entity”, an entity with a tax-exempt filing status under section 501(c)(3) of the Internal |
---|
6301 | 6301 | | 5998Revenue Code or an entity controlled by an entity with such tax-exempt filing status. |
---|
6302 | 6302 | | 5999 “Shared appreciation mortgage”, a mortgage or security instrument that is a second lien |
---|
6303 | 6303 | | 6000on the residential property for the percentage of shared appreciation required to be paid under the |
---|
6304 | 6304 | | 6001accompanying shared appreciation promissory note and secured by such shared appreciation |
---|
6305 | 6305 | | 6002mortgage. |
---|
6306 | 6306 | | 6003 “Shared appreciation”, the percentage share of the appreciation in the value of a |
---|
6307 | 6307 | | 6004residential property as defined in a shared appreciation mortgage and shared appreciation |
---|
6308 | 6308 | | 6005promissory note. |
---|
6309 | 6309 | | 6006 (2) If an entity obtains from a person acquiring or re-acquiring a residential property a |
---|
6310 | 6310 | | 6007shared appreciation mortgage encumbering such residential property that secures the contingent |
---|
6311 | 6311 | | 6008right of the entity to receive a percentage share of the appreciation in value of such residential |
---|
6312 | 6312 | | 6009property upon: (i) the sale, conveyance, assignment or other transfer thereof; (ii) refinancing or |
---|
6313 | 6313 | | 6010other payoff or satisfaction of the new first priority mortgage loan encumbering such residential |
---|
6314 | 6314 | | 6011property; or (iii) the occurrence of other events specified in such shared appreciation mortgage or |
---|
6315 | 6315 | | 6012such shared appreciation promissory note, including reaching a defined maturity date, then the |
---|
6316 | 6316 | | 6013entity and the maker, lender, grantor or holder of the new first priority mortgage loan shall not be |
---|
6317 | 6317 | | 6014liable for monetary relief, injunctive relief or other equitable relief at common law or by statute, |
---|
6318 | 6318 | | 6015including chapter 93A, chapter 140D, chapter 183C and section 49 of chapter 271 for the use of |
---|
6319 | 6319 | | 6016or the terms of said shared appreciation mortgage or shared appreciation promissory note, so CORRECTED |
---|
6320 | 6320 | | 278 of 319 |
---|
6321 | 6321 | | 6017long as such person receives a full disclosure, in writing as required herein and in advance of the |
---|
6322 | 6322 | | 6018closing of such person’s acquisition or re-acquisition of such residential property, stating that |
---|
6323 | 6323 | | 6019such person will be required to enter into a shared appreciation mortgage and shared appreciation |
---|
6324 | 6324 | | 6020promissory note to such entity at said closing and upon such person’s entering into a new first |
---|
6325 | 6325 | | 6021priority mortgage loan. A shared appreciation mortgage and shared appreciation promissory note |
---|
6326 | 6326 | | 6022offered under this subsection shall be permitted only if a person has received notice or is |
---|
6327 | 6327 | | 6023otherwise shown to be not less than 90 days delinquent on their prior mortgage loan. An offer for |
---|
6328 | 6328 | | 6024a shared appreciation mortgage shall be invalid if there is no reduction of the prior delinquent |
---|
6329 | 6329 | | 6025mortgage loan principal the person owes or owed when the person acquires or re-acquires such |
---|
6330 | 6330 | | 6026residential property and enters into a new first priority mortgage loan. |
---|
6331 | 6331 | | 6027 (3) An entity shall not offer a shared appreciation mortgage and shared appreciation |
---|
6332 | 6332 | | 6028promissory note to a person without first providing written notice disclosing substantially the |
---|
6333 | 6333 | | 6029following information: |
---|
6334 | 6334 | | 6030 Notice of Shared Appreciation Mortgage Agreement |
---|
6335 | 6335 | | 6031 In connection with your acquisition or re-acquisition of your property at |
---|
6336 | 6336 | | 6032_______________, the undersigned entity intends to make an offer to you to enter into a shared |
---|
6337 | 6337 | | 6033appreciation mortgage and shared appreciation promissory note. Please be advised that under |
---|
6338 | 6338 | | 6034such shared appreciation mortgage and promissory note: |
---|
6339 | 6339 | | 6035 You will not be required to make any payment on the shared appreciation mortgage or |
---|
6340 | 6340 | | 6036shared appreciation note during the mortgage term. |
---|
6341 | 6341 | | 6037 You must pay the shared appreciation mortgage upon refinancing of your new first |
---|
6342 | 6342 | | 6038priority mortgage loan or upon the sale of the property. CORRECTED |
---|
6343 | 6343 | | 279 of 319 |
---|
6344 | 6344 | | 6039 Your percentage of shared appreciation will be based on the amount that your prior |
---|
6345 | 6345 | | 6040mortgage debt has been reduced. |
---|
6346 | 6346 | | 6041 (4) Said written notice may include substantially the following information: |
---|
6347 | 6347 | | 6042 You are encouraged to discuss this agreement with family, community service providers, |
---|
6348 | 6348 | | 6043housing counselors or others at any time during this mortgage process. If you fail or refuse to |
---|
6349 | 6349 | | 6044seek housing counseling, the entity may choose not to proceed. A list of housing counselors |
---|
6350 | 6350 | | 6045certified by the United States Department of Housing and Urban Development is enclosed with |
---|
6351 | 6351 | | 6046this notice or has otherwise been provided. |
---|
6352 | 6352 | | 6047 In order to proceed with this transaction, you must sign, date and return this notice to us |
---|
6353 | 6353 | | 6048promptly, but in not less than 7 days after your receipt of this notice. |
---|
6354 | 6354 | | 6049 By signing this notice, you are not bound to proceed to enter into a shared appreciation |
---|
6355 | 6355 | | 6050mortgage and promissory note. The entity has no obligation to proceed to assist you with |
---|
6356 | 6356 | | 6051acquiring or reacquiring a residential property or otherwise proceed to negotiate a shared |
---|
6357 | 6357 | | 6052appreciation mortgage and promissory note. No shared appreciation mortgage or promissory note |
---|
6358 | 6358 | | 6053shall be binding on you or the entity until a final shared appreciation mortgage and note are |
---|
6359 | 6359 | | 6054signed and dated by both you and the entity. |
---|
6360 | 6360 | | 6055 Your shared appreciation mortgage and promissory note shall become due and payable |
---|
6361 | 6361 | | 6056upon the sale, conveyance, assignment or other transfer of your residential property, upon |
---|
6362 | 6362 | | 6057refinancing of the new first priority mortgage loan encumbering such residential property, or |
---|
6363 | 6363 | | 6058other payoff or satisfaction of such new first priority mortgage loan, or upon the occurrence of |
---|
6364 | 6364 | | 6059other events specified in the shared appreciation mortgage or shared appreciation promissory |
---|
6365 | 6365 | | 6060note, including reaching a defined maturity date. CORRECTED |
---|
6366 | 6366 | | 280 of 319 |
---|
6367 | 6367 | | 6061 (5) The attorney general may promulgate rules and regulations to implement this |
---|
6368 | 6368 | | 6062subsection. |
---|
6369 | 6369 | | 6063 SECTION 270. Section 1 of chapter 270 of the General Laws, as so appearing, is hereby |
---|
6370 | 6370 | | 6064amended by striking out, in lines 2 and 3, the words “, grains of paradise”. |
---|
6371 | 6371 | | 6065 SECTION 271. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as |
---|
6372 | 6372 | | 6066amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking |
---|
6373 | 6373 | | 6067out the last sentence. |
---|
6374 | 6374 | | 6068 SECTION 272. Said section 10 of said chapter 498, as so amended, is hereby further |
---|
6375 | 6375 | | 6069amended by adding the following paragraph:- |
---|
6376 | 6376 | | 6070 Notwithstanding the provisions of any general or special law to the contrary and |
---|
6377 | 6377 | | 6071notwithstanding any provision to the contrary in the Devens Reuse Plan or by-laws: (i) there |
---|
6378 | 6378 | | 6072shall be no square foot limit or cap on the amount of commercial or industrial development that |
---|
6379 | 6379 | | 6073may occur within Devens; and (ii) there shall be no limit or cap on the number of residential |
---|
6380 | 6380 | | 6074units that may be developed within Devens. Nothing in the foregoing sentence shall modify other |
---|
6381 | 6381 | | 6075provisions of the by-laws regulating the development of housing within Devens or requiring the |
---|
6382 | 6382 | | 6076issuance of development permits by the Devens Enterprise Commission for specific projects. |
---|
6383 | 6383 | | 6077 SECTION 273. Paragraph (ii) of subsection (g) of section 4 of chapter 152 of the acts of |
---|
6384 | 6384 | | 60781997, as amended by section 2 of chapter 256 of the acts of 2006, is hereby further amended by |
---|
6385 | 6385 | | 6079striking out the first sentence and inserting in place thereof the following sentence:- The |
---|
6386 | 6386 | | 6080authority shall allow the South Boston Community Development Foundation to sponsor not less |
---|
6387 | 6387 | | 6081than 3 events annually at the Boston Convention and Exhibition Center and not less than 6 events CORRECTED |
---|
6388 | 6388 | | 281 of 319 |
---|
6389 | 6389 | | 6082annually at the Lawn on D to raise funds for the South Boston Community Development |
---|
6390 | 6390 | | 6083Foundation as provided for herein and shall include access to on site parking facilities. |
---|
6391 | 6391 | | 6084 SECTION 274. Chapter 195 of the acts of 2014, as amended by section 207 of chapter 6 |
---|
6392 | 6392 | | 6085of the acts of 2017, is hereby further amended by inserting after section 4 the following section:- |
---|
6393 | 6393 | | 6086 Section 4A. The Boston convention and exhibition center in the city of Boston shall be |
---|
6394 | 6394 | | 6087designated and known as the Thomas Michael Menino Convention and Exhibition Center. The |
---|
6395 | 6395 | | 6088Authority shall erect and maintain suitable markers bearing such designation. |
---|
6396 | 6396 | | 6089 SECTION 275. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby |
---|
6397 | 6397 | | 6090amended by striking out the words “for heating, ventilation and air conditioning systems at the |
---|
6398 | 6398 | | 6091University of Massachusetts at Dartmouth” and inserting in place thereof the following words:- |
---|
6399 | 6399 | | 6092for capital improvements for the premises located at 182 Union street in the city of New |
---|
6400 | 6400 | | 6093Bedford. |
---|
6401 | 6401 | | 6094 SECTION 276. Item 7002-8036 of section 2 of chapter 358 of the acts of 2020 is hereby |
---|
6402 | 6402 | | 6095amended by striking out the words “the University of Massachusetts at Dartmouth Star Store |
---|
6403 | 6403 | | 6096college of visual and performing arts campus” and inserting in place thereof the following |
---|
6404 | 6404 | | 6097words:- the Star Store located at 182 Union street. |
---|
6405 | 6405 | | 6098 SECTION 277. Section 148 of chapter 24 of the acts of 2021 is hereby amended by |
---|
6406 | 6406 | | 6099striking out the figure "2025" and inserting in place thereof the following figure:- 2030. |
---|
6407 | 6407 | | 6100 SECTION 278. Section 73 of chapter 2 of the acts of 2023 is hereby amended by striking |
---|
6408 | 6408 | | 6101out the words "August 1, 2024", each time they appear, and inserting in place thereof, in each |
---|
6409 | 6409 | | 6102instance, the following words:- "December 31, 2024". CORRECTED |
---|
6410 | 6410 | | 282 of 319 |
---|
6411 | 6411 | | 6103 SECTION 279. (a) There shall be within the executive office of economic development a |
---|
6412 | 6412 | | 61045-year surety bond assistance pilot program to encourage the participation of economically and |
---|
6413 | 6413 | | 6105socially disadvantaged businesses in bidding for and securing contracts for capital projects. The |
---|
6414 | 6414 | | 6106program may include, but shall not be limited to: |
---|
6415 | 6415 | | 6107 (i) providing technical assistance to eligible contractors to secure surety bonds; and |
---|
6416 | 6416 | | 6108 (ii) providing financial assistance to guarantee surety bonds required on behalf of the |
---|
6417 | 6417 | | 6109commonwealth or on behalf of any county, city, town, district or other political subdivision of |
---|
6418 | 6418 | | 6110the commonwealth or other public instrumentality for the construction, reconstruction, alteration, |
---|
6419 | 6419 | | 6111remodeling, repair or demolition of public buildings or other public works. |
---|
6420 | 6420 | | 6112 (b) The executive office of economic development shall establish eligibility requirements |
---|
6421 | 6421 | | 6113and other program terms through regulations or program guidelines; provided, however, that |
---|
6422 | 6422 | | 6114such eligibility requirements shall, to the extent possible, prioritize financial assistance provided |
---|
6423 | 6423 | | 6115by the program to promote participation of businesses owned by persons from socially and |
---|
6424 | 6424 | | 6116economically disadvantaged groups for whom access to capital facility projects and state assisted |
---|
6425 | 6425 | | 6117building projects in the commonwealth has been historically limited. The executive office may |
---|
6426 | 6426 | | 6118administer the program through 1 or more contracts with the Massachusetts Development |
---|
6427 | 6427 | | 6119Finance Agency or Massachusetts Growth Capital Corporation. |
---|
6428 | 6428 | | 6120 (c) Not later than December 31 of each year, the executive office of economic |
---|
6429 | 6429 | | 6121development shall submit a report to the clerks of the house of representatives and the senate and |
---|
6430 | 6430 | | 6122the joint committee on economic development and emerging technologies detailing the activities |
---|
6431 | 6431 | | 6123of the program in the previous year, including, but not limited to, an analysis of the provision of |
---|
6432 | 6432 | | 6124technical and financial assistance services and its impact on increasing access and participation CORRECTED |
---|
6433 | 6433 | | 283 of 319 |
---|
6434 | 6434 | | 6125in capital projects for historically disadvantaged groups. The report shall be made public on the |
---|
6435 | 6435 | | 6126executive office of economic development’s website. |
---|
6436 | 6436 | | 6127 (d) The secretary of economic development may promulgate regulations or program |
---|
6437 | 6437 | | 6128guidelines as necessary to implement this section. |
---|
6438 | 6438 | | 6129 (e) Implementation of this section shall be subject to the United States Treasury’s |
---|
6439 | 6439 | | 6130approval to use federal funding for the purposes described herein. |
---|
6440 | 6440 | | 6131 SECTION 280. (a) For purposes of this section, the following words shall, unless the |
---|
6441 | 6441 | | 6132context clearly requires otherwise, have the following meanings: |
---|
6442 | 6442 | | 6133 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order, |
---|
6443 | 6443 | | 6134excluding enforcement orders, license, certification, determination, exemption, variance, waiver, |
---|
6444 | 6444 | | 6135building permit or other approval or determination of rights from any municipal, regional or state |
---|
6445 | 6445 | | 6136governmental entity, including any agency, department, commission or other instrumentality |
---|
6446 | 6446 | | 6137thereof, concerning the use or development of real property, and any environmental permit, |
---|
6447 | 6447 | | 6138including certificates, licenses, certifications, determinations, exemptions, variances, waivers, |
---|
6448 | 6448 | | 6139building permits or other approvals or determinations of rights issued or made under chapter 21 |
---|
6449 | 6449 | | 6140of the General Laws, chapter 21A of the General Laws except section 16 of said chapter 21A, |
---|
6450 | 6450 | | 6141chapter 21D of the General Laws, section 3B of chapter 21E of the General Laws, sections 61 to |
---|
6451 | 6451 | | 614262L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapter 40 |
---|
6452 | 6452 | | 6143of the General Laws, chapters 40A to 40C, inclusive, of the General Laws, chapter 40R of the |
---|
6453 | 6453 | | 6144General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of |
---|
6454 | 6454 | | 6145the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws, |
---|
6455 | 6455 | | 6146chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General CORRECTED |
---|
6456 | 6456 | | 284 of 319 |
---|
6457 | 6457 | | 6147Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws or |
---|
6458 | 6458 | | 6148chapter 665 of the acts of 1956 or any local by-law or ordinance. |
---|
6459 | 6459 | | 6149 “Development”, division of a parcel of land into 2 or more parcels, the construction, |
---|
6460 | 6460 | | 6150reconstruction, conversion, structural alteration, relocation or enlargement of a building or other |
---|
6461 | 6461 | | 6151structure or facility or any grading, soil removal or relocation, excavation or landfill or any use |
---|
6462 | 6462 | | 6152or change in the use of any building or other structure or land or extension of the use of land. |
---|
6463 | 6463 | | 6153 “Tolling period”, the period from January 1, 2023 to January 1, 2025, inclusive. |
---|
6464 | 6464 | | 6154 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or |
---|
6465 | 6465 | | 6155existence during the tolling period shall be extended for a period of 2 years in addition to the |
---|
6466 | 6466 | | 6156lawful term of the approval; provided, however, that nothing in this section shall extend or |
---|
6467 | 6467 | | 6157purport to extend: (i) a permit or approval issued by the United States government or an agency |
---|
6468 | 6468 | | 6158or instrumentality thereof or a permit or approval of which the duration of effect or the date or |
---|
6469 | 6469 | | 6159terms of its expiration are specified or determined under a law or regulation of the United States |
---|
6470 | 6470 | | 6160government or an agency or instrumentality thereof; (ii) a permit, license, privilege or approval |
---|
6471 | 6471 | | 6161issued by the division of fisheries and wildlife under chapter 131 of the General Laws; (iii) an |
---|
6472 | 6472 | | 6162approval, determination, exemption, certification, statement of qualification or any other |
---|
6473 | 6473 | | 6163administrative action by the department of energy resources under 225 CMR 20.00, subsection |
---|
6474 | 6474 | | 6164(c) of section 17 of chapter 25A of the General Laws or corresponding regulations under 225 |
---|
6475 | 6475 | | 6165CMR 21.00; (iv) any agreement entered into by the Massachusetts Department of Transportation |
---|
6476 | 6476 | | 6166or the Massachusetts Bay Transportation Authority or any permit, license or approval issued by |
---|
6477 | 6477 | | 6167the department or authority relating to the sale, acquisition or lease or development of real |
---|
6478 | 6478 | | 6168property owned in whole or in part by the department or authority or the sale, acquisition, lease CORRECTED |
---|
6479 | 6479 | | 285 of 319 |
---|
6480 | 6480 | | 6169or development of any interest therein related to such real property pursuant to chapter 6C or |
---|
6481 | 6481 | | 6170chapter 161A of the General Laws; or (v) any enforcement order, consent decree or settlement |
---|
6482 | 6482 | | 6171agreement. |
---|
6483 | 6483 | | 6172 (2) Nothing in this section shall affect the ability of a municipal, regional or state |
---|
6484 | 6484 | | 6173governmental entity, including an agency, department, commission or other instrumentality |
---|
6485 | 6485 | | 6174thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or |
---|
6486 | 6486 | | 6175approval, under this section, when that specific permit or approval or the law or regulation under |
---|
6487 | 6487 | | 6176which the permit or approval was issued contains language authorizing the modification or |
---|
6488 | 6488 | | 6177revocation of the permit or approval. |
---|
6489 | 6489 | | 6178 (3) If an approval tolled under this section is based upon the connection to a sanitary |
---|
6490 | 6490 | | 6179sewer system, the extension of the approval shall be contingent upon the availability of sufficient |
---|
6491 | 6491 | | 6180capacity, on the part of the treatment facility, to accommodate the development for whose |
---|
6492 | 6492 | | 6181approval has been extended. If sufficient capacity is not available, then the permit holders whose |
---|
6493 | 6493 | | 6182approvals have been extended shall have priority with regard to the further allocation of |
---|
6494 | 6494 | | 6183gallonage over the permit holders who have not received approval of a hookup prior to the |
---|
6495 | 6495 | | 6184effective date of this section. Priority regarding the distribution of further gallonage to a permit |
---|
6496 | 6496 | | 6185holder who has received the extension of an approval under this section shall be allocated in |
---|
6497 | 6497 | | 6186order of the granting of the original approval of the connection. |
---|
6498 | 6498 | | 6187 (4) If an owner or petitioner sells or otherwise transfers a property or project in order for |
---|
6499 | 6499 | | 6188an approval to receive an extension, all commitments made by the original owner or petitioner |
---|
6500 | 6500 | | 6189under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If CORRECTED |
---|
6501 | 6501 | | 286 of 319 |
---|
6502 | 6502 | | 6190the new owner or petitioner does not meet or abide by such commitments, then the approval shall |
---|
6503 | 6503 | | 6191not be extended under this section. |
---|
6504 | 6504 | | 6192 (5) Nothing in this section shall be construed or implemented in such a way as to modify |
---|
6505 | 6505 | | 6193a requirement of law that is necessary to retain federal delegation to or assumption by the |
---|
6506 | 6506 | | 6194commonwealth of the authority to implement a federal law or program. |
---|
6507 | 6507 | | 6195 (6) Any project covered by approval in effect during the tolling period shall be governed |
---|
6508 | 6508 | | 6196by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the |
---|
6509 | 6509 | | 6197granting of the approval, unless the owner or petitioner of such project elects to waive the |
---|
6510 | 6510 | | 6198provisions of this section. |
---|
6511 | 6511 | | 6199 SECTION 281. The Massachusetts clean energy technology center, in consultation with |
---|
6512 | 6512 | | 6200the executive office of economic development, shall set benchmarks for the climatetech tax |
---|
6513 | 6513 | | 6201incentive program established in section 16 of chapter 23J of the General Laws, inserted by |
---|
6514 | 6514 | | 6202section 99. After the program has been in effect for 5 years, the center, in consultation with the |
---|
6515 | 6515 | | 6203executive office of economic development, shall conduct an evaluation of the program by |
---|
6516 | 6516 | | 6204comparing climatetech advancements in the commonwealth against the benchmarks. The center |
---|
6517 | 6517 | | 6205shall review progress made towards the goals of developing and expanding climatetech industry- |
---|
6518 | 6518 | | 6206related employment opportunities and climatetech-related economic development by supporting |
---|
6519 | 6519 | | 6207and stimulating research, development, innovation, manufacturing, deployment and |
---|
6520 | 6520 | | 6208commercialization in the climatetech sector. The center shall submit a written report to the clerks |
---|
6521 | 6521 | | 6209of the house of representatives and the senate, the house and senate committees on ways and |
---|
6522 | 6522 | | 6210means, the joint committee on economic development and emerging technologies, the joint CORRECTED |
---|
6523 | 6523 | | 287 of 319 |
---|
6524 | 6524 | | 6211committee on telecommunications, utilities and energy, the joint committee on environment and |
---|
6525 | 6525 | | 6212natural resources and the joint committee on agriculture not later than December 31, 2029. |
---|
6526 | 6526 | | 6213 SECTION 282. The Massachusetts office of business development, in conjunction with |
---|
6527 | 6527 | | 6214the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to |
---|
6528 | 6528 | | 6215subsection (ff) of section 6 of chapter 62 of the General Laws and section 38QQ of chapter 63 of |
---|
6529 | 6529 | | 6216the General Laws and shall submit the report to the clerks of the house of representatives and the |
---|
6530 | 6530 | | 6217senate, the house and senate committees on ways and means and the joint committee on |
---|
6531 | 6531 | | 6218economic development and emerging technologies not later than December 31, 2028. The office |
---|
6532 | 6532 | | 6219and commissioner shall collaborate with the live theater industry to collect the relevant data for |
---|
6533 | 6533 | | 6220the report. The report shall include data to assess the direct and indirect economic impacts of the |
---|
6534 | 6534 | | 6221live theater tax credit on the economy of the commonwealth, including, but not limited to, |
---|
6535 | 6535 | | 6222estimates of theater tickets sales to domestic and international visitors, spending by live theater |
---|
6536 | 6536 | | 6223productions on adjacent businesses, wages paid for setting up and taking down productions and |
---|
6537 | 6537 | | 6224impacts on businesses in proximity to theaters, including, but not limited to, hotels and |
---|
6538 | 6538 | | 6225restaurants. |
---|
6539 | 6539 | | 6226 SECTION 283. (a) Notwithstanding section 39M of chapter 30 of the General Laws, |
---|
6540 | 6540 | | 6227chapter 149 of the General Laws and chapter 149A of the General Laws, a public agency or |
---|
6541 | 6541 | | 6228municipality may require a project labor agreement on contracts for public works construction |
---|
6542 | 6542 | | 6229and may require the project labor agreement to be incorporated into the contract specifications; |
---|
6543 | 6543 | | 6230provided, that prior to including a project labor agreement requirement, the public agency or |
---|
6544 | 6544 | | 6231municipality shall make a determination prior to issuing a request for proposals or bids that the |
---|
6545 | 6545 | | 6232project labor agreement on a specific project is in the best interest of the commonwealth, public |
---|
6546 | 6546 | | 6233agency or municipality. CORRECTED |
---|
6547 | 6547 | | 288 of 319 |
---|
6548 | 6548 | | 6234 (b) In making a determination of the best interest of the commonwealth, public agency or |
---|
6549 | 6549 | | 6235municipality pursuant to subsection (a), the agency or municipality shall consider the effects a |
---|
6550 | 6550 | | 6236project labor agreement may have on: (i) construction efficiency, cost and direct and indirect |
---|
6551 | 6551 | | 6237economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply |
---|
6552 | 6552 | | 6238of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of |
---|
6553 | 6553 | | 6239delays or disruptions to, the construction process; (iv) the safety and quality of the public |
---|
6554 | 6554 | | 6240construction project; (v) the expansion of registered apprenticeship programs and workforce |
---|
6555 | 6555 | | 6241development in the construction industry; and (vi) the promotion of employment and training |
---|
6556 | 6556 | | 6242opportunities for women, minority workers and veterans. |
---|
6557 | 6557 | | 6243 (c) The department of labor standards shall promulgate regulations to increase diversity |
---|
6558 | 6558 | | 6244of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain |
---|
6559 | 6559 | | 6245percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce |
---|
6560 | 6560 | | 6246reflecting the demographics, to the extent possible, where a project is located. |
---|
6561 | 6561 | | 6247 SECTION 284. Notwithstanding chapter 31 of the General Laws or any other general or |
---|
6562 | 6562 | | 6248special law to the contrary, a city or town, on behalf of which legislation has been duly filed with |
---|
6563 | 6563 | | 6249the general court between January 4, 2023 and July 31, 2024, inclusive, to remove any or all |
---|
6564 | 6564 | | 6250positions within the police or fire department of the city or town and which includes an |
---|
6565 | 6565 | | 6251documented local approval as acknowledged by the clerk of the senate or house of |
---|
6566 | 6566 | | 6252representatives, may exempt any position within the police or fire department as specified within |
---|
6567 | 6567 | | 6253such legislation without the need for any further action by the general court on such legislation; |
---|
6568 | 6568 | | 6254provided, however, that any city or town that seeks an exemption pursuant to this section shall |
---|
6569 | 6569 | | 6255submit a letter indicating that the city or town still seeks such exemption from said chapter 31 to |
---|
6570 | 6570 | | 6256the personnel administrator of the division of human resources within the executive office for CORRECTED |
---|
6571 | 6571 | | 289 of 319 |
---|
6572 | 6572 | | 6257administration and finance, the joint committee on public service and the chair of the civil |
---|
6573 | 6573 | | 6258service commission duly signed by: (i) the mayor or city manager, in the case of a city, or the |
---|
6574 | 6574 | | 6259chair of the select board or town manager, in the case of a town; and (ii) the police chief or fire |
---|
6575 | 6575 | | 6260chief, as applicable, of the department seeking exemption; provided further, that any such letter |
---|
6576 | 6576 | | 6261shall be received by the personnel administrator of the division of human resources in proper |
---|
6577 | 6577 | | 6262form not later than February 15, 2025; and provided further, that the exemption for the position |
---|
6578 | 6578 | | 6263or department for which such letter is so submitted shall take effect on March 1, 2025. |
---|
6579 | 6579 | | 6264 SECTION 285. (a) Notwithstanding section 4 of chapter 128C of the General Laws, |
---|
6580 | 6580 | | 6265section 11 of chapter 494 of the acts of 1978 or any other general or special law to the contrary, |
---|
6581 | 6581 | | 6266the running horse racing licensee in Suffolk county that conducted simulcasting as of December |
---|
6582 | 6582 | | 626731, 2020 and the greyhound dog racing meeting licensee located in Bristol county shall not be |
---|
6583 | 6583 | | 6268obligated to make any further payments into the Running Horse Capital Improvements Trust |
---|
6584 | 6584 | | 6269Fund, established pursuant to said section 11 of said chapter 494. |
---|
6585 | 6585 | | 6270 (b) All amounts in the Running Horse Capital Improvements Trust Fund attributable to |
---|
6586 | 6586 | | 6271any greyhound dog racing meeting licensees shall be returned by the Massachusetts Gaming |
---|
6587 | 6587 | | 6272Commission to the licensees without further condition. |
---|
6588 | 6588 | | 6273 SECTION 286. (a) Notwithstanding section 17 of chapter 138 of the General Laws or |
---|
6589 | 6589 | | 6274any other law, rule, regulation or provision to the contrary, the licensing board for the city of |
---|
6590 | 6590 | | 6275Boston may grant 1 non-transferable restricted license for the sale of all alcoholic beverages to |
---|
6591 | 6591 | | 6276be drunk on the premises pursuant to section 12 of said chapter 138 to The Boston Landing Hotel |
---|
6592 | 6592 | | 6277Project located at 178-170 Guest street in the Brighton section of the city of Boston approved by |
---|
6593 | 6593 | | 6278the board of the Boston Redevelopment Authority, and is located within Planned Development CORRECTED |
---|
6594 | 6594 | | 290 of 319 |
---|
6595 | 6595 | | 6279Area No. 87, Boston Landing, Guest street and Life street in the Brighton section of the city of |
---|
6596 | 6596 | | 6280Boston. |
---|
6597 | 6597 | | 6281 (b) If a licensee pursuant to subsection (a) terminates or fails to renew the license or if the |
---|
6598 | 6598 | | 6282license is cancelled, revoked or otherwise no longer in use, the license shall be returned |
---|
6599 | 6599 | | 6283physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the |
---|
6600 | 6600 | | 6284licensing board and the licensing board may then grant that license to a new applicant within |
---|
6601 | 6601 | | 6285Planned Development Area No. 87, Boston Landing in the Brighton section of the city of |
---|
6602 | 6602 | | 6286Boston. The licensing board shall not approve the transfer of the license granted pursuant to this |
---|
6603 | 6603 | | 6287section to a location outside of said Planned Development Area No. 87 in the Brighton section of |
---|
6604 | 6604 | | 6288the city of Boston. |
---|
6605 | 6605 | | 6289 SECTION 287. Notwithstanding any general or special law to the contrary, the secretary |
---|
6606 | 6606 | | 6290of administration and finance, following a public hearing, shall increase the fee for obtaining or |
---|
6607 | 6607 | | 6291renewing a license, certificate, registration, permit or authority issued by a board within the |
---|
6608 | 6608 | | 6292department of public health, excluding the board of registration in medicine, as necessary to |
---|
6609 | 6609 | | 6293implement the provisions of chapter 112A of the General Laws. The amount of the increase in |
---|
6610 | 6610 | | 6294fees shall be deposited in the Quality in Health Professions Trust Fund established in section |
---|
6611 | 6611 | | 629535X of chapter 10 of the General Laws. |
---|
6612 | 6612 | | 6296 SECTION 288. (a) Notwithstanding any general or special law to the contrary, the |
---|
6613 | 6613 | | 6297department of elementary and secondary education shall study the feasibility of establishing a |
---|
6614 | 6614 | | 6298program that allows certain educator candidates to complete the testing requirements pursuant to |
---|
6615 | 6615 | | 6299section 38G of chapter 71 of the General Laws at no cost to candidates. Such program shall |
---|
6616 | 6616 | | 6300apply to candidates who are determined by the department to qualify for financial assistance, or CORRECTED |
---|
6617 | 6617 | | 291 of 319 |
---|
6618 | 6618 | | 6301have: (i) attempted to complete the testing requirements pursuant to said section 38G of said |
---|
6619 | 6619 | | 6302chapter 71; (ii) failed to meet the minimum score requirements established by the department; |
---|
6620 | 6620 | | 6303and (iii) earned a score or scores within 1 standard error of measurement of passing, as |
---|
6621 | 6621 | | 6304determined by the department. The study may include analysis of prior or existing voucher |
---|
6622 | 6622 | | 6305systems designed to pay for licensure test fees. |
---|
6623 | 6623 | | 6306 (b) Not later than October 1, 2025, the department shall file a report, including any |
---|
6624 | 6624 | | 6307analysis or recommendations on the feasibility of the program with the clerks of the senate and |
---|
6625 | 6625 | | 6308the house of representatives and the joint committee on education. |
---|
6626 | 6626 | | 6309 SECTION 289. (a) Notwithstanding any general or special law to the contrary, the |
---|
6627 | 6627 | | 6310department of elementary and secondary education shall conduct a study and report on potential |
---|
6628 | 6628 | | 6311initiatives to incentivize diverse and highly effective educators to work in high-needs schools |
---|
6629 | 6629 | | 6312and districts, including incentives to recruit new and diverse teachers to high-needs schools and |
---|
6630 | 6630 | | 6313policies or practices to retain diverse and effective teachers currently teaching in high-needs |
---|
6631 | 6631 | | 6314schools. For the purposes of this section, “high-needs schools or districts” shall mean a school or |
---|
6632 | 6632 | | 6315district with a high percentage of low-income students and English learners, which may include a |
---|
6633 | 6633 | | 6316school or district implementing a turnaround plan. |
---|
6634 | 6634 | | 6317 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the |
---|
6635 | 6635 | | 6318senate and house of representatives and the joint committee on education, including any analysis |
---|
6636 | 6636 | | 6319or recommendations. The report shall include, but not be limited to: (i) a survey of educator |
---|
6637 | 6637 | | 6320salaries and benefits across school districts and charter schools; (ii) an assessment of potential |
---|
6638 | 6638 | | 6321incentives to attract educators to high-needs school districts, including but not limited to the |
---|
6639 | 6639 | | 6322establishment of loan forgiveness, scholarship and housing support programs and the status of CORRECTED |
---|
6640 | 6640 | | 292 of 319 |
---|
6641 | 6641 | | 6323such currently or previously existing state programs; (iii) the feasibility of financial incentives |
---|
6642 | 6642 | | 6324for achieving National Board certification; (iv) the feasibility of establishing a master educator |
---|
6643 | 6643 | | 6325corps program to be administered by the department and to incentivize educators that have |
---|
6644 | 6644 | | 6326achieved a certain level of mastery to transfer to high-needs school districts; (v) an assessment of |
---|
6645 | 6645 | | 6327a salary parity scale for educators that have switched to high-needs school districts; (vi) any |
---|
6646 | 6646 | | 6328other program, as determined by the department, to help meet the educator requirements of high- |
---|
6647 | 6647 | | 6329needs school districts; and (vii) an assessment of any additional actions necessary to achieve |
---|
6648 | 6648 | | 6330these objectives. |
---|
6649 | 6649 | | 6331 SECTION 290. Notwithstanding any general or special law to the contrary, the |
---|
6650 | 6650 | | 6332department of elementary and secondary education shall, subject to appropriation, develop and |
---|
6651 | 6651 | | 6333administer a pilot program for teacher apprenticeships. |
---|
6652 | 6652 | | 6334 (b) The department shall file a report with the clerks of the senate and house of |
---|
6653 | 6653 | | 6335representatives and the joint committee on education not more than 1 year after the completion |
---|
6654 | 6654 | | 6336of the pilot on the outcome of the pilot program and recommendations related to making the |
---|
6655 | 6655 | | 6337apprenticeship program permanent. |
---|
6656 | 6656 | | 6338 SECTION 291. (a) Notwithstanding any general or special law to the contrary, the |
---|
6657 | 6657 | | 6339division of capital asset management and maintenance may enter into an agreement to accept |
---|
6658 | 6658 | | 6340title to the property at 182 Union street in the city of New Bedford conveying the premises as |
---|
6659 | 6659 | | 6341covered by a lease dated February 28, 2000, as amended. Said conveyance shall take place as |
---|
6660 | 6660 | | 6342soon as possible and a deed of conveyance shall be executed by the seller to the commonwealth |
---|
6661 | 6661 | | 6343of the premises at 182 Union street in the city of New Bedford. The donation of the real estate |
---|
6662 | 6662 | | 6344for exclusively public purposes, prior to acceptance by the division, shall require an independent CORRECTED |
---|
6663 | 6663 | | 293 of 319 |
---|
6664 | 6664 | | 6345appraisal of the property’s fair market value and a phase I environmental study to ensure that the |
---|
6665 | 6665 | | 6346property has no environmental damage or other environmental issues that would expose the |
---|
6666 | 6666 | | 6347division to liability. The inspector general shall review and comment on the appraisal and study |
---|
6667 | 6667 | | 6348within 60 days of receipt. Following the appraisal and phase I environmental study, the |
---|
6668 | 6668 | | 6349division’s legal counsel shall issue a written opinion regarding acceptance of the proposed real |
---|
6669 | 6669 | | 6350estate donation for final review and an acceptance decision by the secretary of administration and |
---|
6670 | 6670 | | 6351finance, which shall consider the: (i) usefulness of the property for public purposes including, but |
---|
6671 | 6671 | | 6352not limited to, artist lofts, studios and public gallery space; (ii) marketability of the property |
---|
6672 | 6672 | | 6353relative to its condition; (iii) any restrictions, reservations, easements or other limitations |
---|
6673 | 6673 | | 6354associated with the property; (iv) the results of the environmental study; and (v) any potential |
---|
6674 | 6674 | | 6355liability for cleanup or restoration of the property that may be imposed upon a transferee by law. |
---|
6675 | 6675 | | 6356 (b) Within 180 days of acceptance by the secretary pursuant to subsection (a) and |
---|
6676 | 6676 | | 6357subsequent conveyance of said property to the commonwealth, the division shall hold at least |
---|
6677 | 6677 | | 6358one 1 public hearing in the city of New Bedford in collaboration with the Waterfront Historic |
---|
6678 | 6678 | | 6359Area League of New Bedford, Inc., People Acting in Community Endeavors, Inc., Massachusetts |
---|
6679 | 6679 | | 6360Design Art & Technology Institute, Inc., Bristol Community College, Bridgewater State |
---|
6680 | 6680 | | 6361University and the Massachusetts Development Finance Agency to gather community input on |
---|
6681 | 6681 | | 6362appropriate public purposes for the premises, including, but not limited to, artist lofts, studios |
---|
6682 | 6682 | | 6363and public gallery space. |
---|
6683 | 6683 | | 6364 (c) Following a public hearing in accordance with subsection (b), the division may lease, |
---|
6684 | 6684 | | 6365for a term not to exceed 35 years, inclusive of any options for renewal or extension of such lease, |
---|
6685 | 6685 | | 6366all or a portion of the premises at 182 Union street in the city of New Bedford to the |
---|
6686 | 6686 | | 6367Massachusetts Development Finance Agency, or other public entity or nonprofit organization CORRECTED |
---|
6687 | 6687 | | 294 of 319 |
---|
6688 | 6688 | | 6368deemed appropriate by the division, to implement the public purposes identified pursuant to said |
---|
6689 | 6689 | | 6369public hearing process, subject to appropriation. Consideration for said lease shall be $1. |
---|
6690 | 6690 | | 6370 SECTION 292. There is hereby established an auto body labor rate advisory board to |
---|
6691 | 6691 | | 6371address any issues related to auto body labor rates. The advisory board shall consist of: 1 person |
---|
6692 | 6692 | | 6372appointed by the commissioner of insurance, who shall serve as co-chair; 1 person appointed by |
---|
6693 | 6693 | | 6373the attorney general, who shall serve as co-chair; 1 person appointed by the director of standards; |
---|
6694 | 6694 | | 63743 persons selected from the auto insurance industry by the Automobile Insurers Bureau of |
---|
6695 | 6695 | | 6375Massachusetts; 3 persons selected from the auto repair industry from different geographic |
---|
6696 | 6696 | | 6376regions of the commonwealth by the Alliance of Automotive Service Providers of |
---|
6697 | 6697 | | 6377Massachusetts, Inc.; 1 person selected by the Massachusetts State Automobile Dealers |
---|
6698 | 6698 | | 6378Association, Inc; 1 person selected by the Massachusetts Association of Insurance Agents, Inc.; |
---|
6699 | 6699 | | 6379and 3 persons to be appointed by the co-chairs, 1 of whom shall be from a consumer advocacy |
---|
6700 | 6700 | | 6380group, 1 of whom shall be from a group representing the business community and 1 of whom |
---|
6701 | 6701 | | 6381shall be an economist with expertise on the insurance industry. |
---|
6702 | 6702 | | 6382 The advisory board shall be responsible for creating, implementing and overseeing a |
---|
6703 | 6703 | | 6383survey given to relevant auto body shops. The advisory board shall collect industry data |
---|
6704 | 6704 | | 6384including, but not limited to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) |
---|
6705 | 6705 | | 6385total labor costs; (iv) inflation data; (v) work force data; (vi) vocational-technical school trends; |
---|
6706 | 6706 | | 6386(vii) insurance premiums; and (viii) any additional information as requested by the advisory |
---|
6707 | 6707 | | 6387board. The results of the survey and the data collected shall be reviewed and analyzed by the |
---|
6708 | 6708 | | 6388advisory board. CORRECTED |
---|
6709 | 6709 | | 295 of 319 |
---|
6710 | 6710 | | 6389 Not later than December 31, 2025, the advisory board shall make recommendations to the |
---|
6711 | 6711 | | 6390division of insurance for a fair and equitable labor rate and file a report of its findings, |
---|
6712 | 6712 | | 6391conclusions and recommendations with the clerks of the senate and house of representatives, the |
---|
6713 | 6713 | | 6392joint committee on financial services, the senate and house committees on ways and means and |
---|
6714 | 6714 | | 6393the division of insurance. |
---|
6715 | 6715 | | 6394 SECTION 293. (a) Ninety days after the effective date of this act, all employees and |
---|
6716 | 6716 | | 6395officers of the Massachusetts Growth Capital Corporation shall be deemed employees and |
---|
6717 | 6717 | | 6396officers of the Massachusetts Development Finance Agency. For the purposes of this section, the |
---|
6718 | 6718 | | 6397Massachusetts Growth Capital Corporation shall be the transferor agency and the Massachusetts |
---|
6719 | 6719 | | 6398Development Finance Agency shall be the transferee agency. |
---|
6720 | 6720 | | 6399 (c) All petitions, requests, investigations and other proceedings appropriately and duly |
---|
6721 | 6721 | | 6400brought before the transferor agency or duly begun by the transferor agency and pending before |
---|
6722 | 6722 | | 6401it before the effective date of this act shall continue unabated and remain in force but shall be |
---|
6723 | 6723 | | 6402assumed and completed by the transferee agency. |
---|
6724 | 6724 | | 6403 (d) All orders, findings, rules and regulations duly made and all approvals duly granted |
---|
6725 | 6725 | | 6404by the transferor agency that are in force immediately before the effective date of this act shall |
---|
6726 | 6726 | | 6405continue in force until superseded, revised, rescinded or canceled by the transferee agency. |
---|
6727 | 6727 | | 6406 (e) All books, papers, records, documents, equipment, buildings, facilities, cash and other |
---|
6728 | 6728 | | 6407property, both personal and real, including all such property held in trust, which immediately |
---|
6729 | 6729 | | 6408before the effective date of this act are in the custody of the transferor agency, shall be |
---|
6730 | 6730 | | 6409transferred to the transferee agency. All duly existing contracts, leases and obligations of the |
---|
6731 | 6731 | | 6410transferor agency shall continue in effect and shall be assumed by the transferee agency. CORRECTED |
---|
6732 | 6732 | | 296 of 319 |
---|
6733 | 6733 | | 6411 (f) All powers, duties and obligations of the transferor agency pursuant to any general or |
---|
6734 | 6734 | | 6412special law shall remain in effect after the effective date of this act and shall become powers, |
---|
6735 | 6735 | | 6413duties and obligations of the transferee agency. |
---|
6736 | 6736 | | 6414 (g) No existing right or remedy shall be lost, impaired or affected by this section. |
---|
6737 | 6737 | | 6415 (h) All references in any general or special law to the Massachusetts Growth Capital |
---|
6738 | 6738 | | 6416Corporation or an officer or employee thereof shall refer to the Massachusetts Development |
---|
6739 | 6739 | | 6417Finance Agency or an officer or employee thereof. |
---|
6740 | 6740 | | 6418 SECTION 294. Not later than 30 days after the effective date of this act, the governor |
---|
6741 | 6741 | | 6419shall appoint 5 new members of the board of directors of the Massachusetts Development |
---|
6742 | 6742 | | 6420Finance Agency, 1 of whom shall be experienced in community economic development and |
---|
6743 | 6743 | | 6421employed by a community development corporation or a representative of the Massachusetts |
---|
6744 | 6744 | | 6422Association of Community Development Corporations, 1 of whom shall be a representative of a |
---|
6745 | 6745 | | 6423community bank in the commonwealth, 1 of whom shall be a representative of an organization of |
---|
6746 | 6746 | | 6424small businesses or manufacturing companies in the commonwealth, 1 of whom shall be |
---|
6747 | 6747 | | 6425experienced in small business financing or restructuring and 1 of whom shall be a small business |
---|
6748 | 6748 | | 6426owner. |
---|
6749 | 6749 | | 6427 SECTION 295. (a) Notwithstanding any general or special law to the contrary, a certain |
---|
6750 | 6750 | | 6428parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the |
---|
6751 | 6751 | | 6429city of Boston shall be removed from, and not be considered to be within, the boundaries or a |
---|
6752 | 6752 | | 6430part of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or |
---|
6753 | 6753 | | 6431any other applicable law, rule or regulation; provided, however, that such removal shall only be |
---|
6754 | 6754 | | 6432for the purpose of converting the parcel into a professional soccer stadium and a waterfront park; CORRECTED |
---|
6755 | 6755 | | 297 of 319 |
---|
6756 | 6756 | | 6433provided further, that prior to said removal of the parcel from the designated port area the |
---|
6757 | 6757 | | 6434department of environmental protection shall review said removal and report to the secretary of |
---|
6758 | 6758 | | 6435energy and environmental affairs and the joint committee on environment and natural resources |
---|
6759 | 6759 | | 6436on said removal and provide any recommendations; provided further, that said review and |
---|
6760 | 6760 | | 6437recommendations shall be publicly available on the department of environmental protection’s |
---|
6761 | 6761 | | 6438website; and provided further, that said review shall be completed not later than March 15, 2025. |
---|
6762 | 6762 | | 6439Said parcel consists of approximately 43.11 acres and is located on the southeasterly side of |
---|
6763 | 6763 | | 6440Alford street, on the southwesterly side of Dexter street and bounded southerly by the Mystic |
---|
6764 | 6764 | | 6441river and is more particularly described in a deed recorded in the land court department of the |
---|
6765 | 6765 | | 6442Middlesex southern district registry district as document No. 1554521 and recorded with the |
---|
6766 | 6766 | | 6443Middlesex southern district registry of deeds in book 56211, page 350 and also recorded in the |
---|
6767 | 6767 | | 6444land court department in the Suffolk county registry of deeds as document No. 786425 and |
---|
6768 | 6768 | | 6445recorded with the Suffolk county registry of deeds in book 47428, page 145. Site redevelopment |
---|
6769 | 6769 | | 6446on the parcel shall be subject to licensing in accordance with 310 C.M.R. 9 as a non-water- |
---|
6770 | 6770 | | 6447dependent use. |
---|
6771 | 6771 | | 6448 (b) If the professional soccer stadium and waterfront park fail to be permitted and |
---|
6772 | 6772 | | 6449constructed within a reasonable time after the effective date of this act, as determined by the |
---|
6773 | 6773 | | 6450secretary of energy and environmental affairs, then subsection (a) shall be void and the port area |
---|
6774 | 6774 | | 6451designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be |
---|
6775 | 6775 | | 6452restored to the parcel; provided, however, that such determination of a reasonable time period |
---|
6776 | 6776 | | 6453shall not be made sooner than 5 years after the effective date of this act. CORRECTED |
---|
6777 | 6777 | | 298 of 319 |
---|
6778 | 6778 | | 6454 Nothing in this section shall be construed to exempt or alter the site’s obligations under |
---|
6779 | 6779 | | 6455chapter 91 of the General Laws or 310 C.M.R. 9 beyond designated port area-related use |
---|
6780 | 6780 | | 6456restrictions. |
---|
6781 | 6781 | | 6457 (c) The department of environmental protection, in consultation with the office of coastal |
---|
6782 | 6782 | | 6458zone management, shall: (i) complete a review of existing designated port area criteria and use |
---|
6783 | 6783 | | 6459restrictions; and (ii) update relevant regulations based on the results of the review; provided, |
---|
6784 | 6784 | | 6460however, that any updates to regulations shall include, but not be limited to: (A) the protection of |
---|
6785 | 6785 | | 6461traditional maritime industrial activities; (B) the addition of allowable uses consistent with future |
---|
6786 | 6786 | | 6462maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses |
---|
6787 | 6787 | | 6463within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new |
---|
6788 | 6788 | | 6464allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating |
---|
6789 | 6789 | | 6465working port easements to purchase development rights from landowners in designated port |
---|
6790 | 6790 | | 6466areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure, |
---|
6791 | 6791 | | 6467including conversion from 1 designated port area use to another designated port area use; (G) |
---|
6792 | 6792 | | 6468consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new |
---|
6793 | 6793 | | 6469and adjacent areas that could be added to designated port areas to reduce net loss of acreage; |
---|
6794 | 6794 | | 6470provided, however, that said regulations shall not be updated pursuant to clause (ii) until the |
---|
6795 | 6795 | | 6471results of the review pursuant to clause (i) are submitted to the joint committee on energy and |
---|
6796 | 6796 | | 6472environment and said results are publicly available on the department of environmental |
---|
6797 | 6797 | | 6473protection website. |
---|
6798 | 6798 | | 6474 (d) Except for the boundary adjustment provided for pursuant to subsection (a), there |
---|
6799 | 6799 | | 6475shall be no boundary adjustments to designated port areas until the review required pursuant to |
---|
6800 | 6800 | | 6476subsection (c) is completed; provided, however, that the department of environmental protection CORRECTED |
---|
6801 | 6801 | | 299 of 319 |
---|
6802 | 6802 | | 6477and the office of coastal zone management shall complete the review not later than July 31, |
---|
6803 | 6803 | | 64782025; provided, that the department and office of coastal zone management may continue to |
---|
6804 | 6804 | | 6479conduct boundary reviews. |
---|
6805 | 6805 | | 6480 (e) The commonwealth, having previously transferred control to, and taken on the behalf |
---|
6806 | 6806 | | 6481of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state |
---|
6807 | 6807 | | 6482highway location, Layout No. 5242 dated September 11, 1962, and shown as Parcel No. 8 in an |
---|
6808 | 6808 | | 6483Order of Taking recorded with said Layout No. 5242 in the Suffolk county registry of deeds in |
---|
6809 | 6809 | | 6484book 7681, page 307, and as shown on the plan filed therewith, and also shown as parcel |
---|
6810 | 6810 | | 64850201831001 on the city of Boston assessors’ maps, shall transfer, remise, and release to the city |
---|
6811 | 6811 | | 6486of Boston any interest the commonwealth may have in such parcel. |
---|
6812 | 6812 | | 6487 (f) The construction of the professional soccer stadium and waterfront park and any site |
---|
6813 | 6813 | | 6488redevelopment, pursuant to subsection (a), shall include improvements to increase the |
---|
6814 | 6814 | | 6489availability of public transportation through the Massachusetts Bay Transportation Authority to |
---|
6815 | 6815 | | 6490access the stadium and waterfront park; provided, however, that the Massachusetts Bay |
---|
6816 | 6816 | | 6491Transportation Authority, in consultation with relevant stakeholders, shall develop a plan on to |
---|
6817 | 6817 | | 6492how to provide access to the professional soccer stadium and waterfront park through public |
---|
6818 | 6818 | | 6493transportation, including, but not limited to, bus routes and shall publish said plan to its website |
---|
6819 | 6819 | | 6494not later than March 1, 2025. |
---|
6820 | 6820 | | 6495 (g) There shall not be any public funding for the construction of the professional soccer |
---|
6821 | 6821 | | 6496stadium and waterfront park on the parcel, pursuant to subsection (a), including, but not limited |
---|
6822 | 6822 | | 6497to, municipal or state appropriations; provided, however, that nothing in this subsection shall |
---|
6823 | 6823 | | 6498prohibit: (i) funding for public infrastructure designed to support the site for which it is otherwise CORRECTED |
---|
6824 | 6824 | | 300 of 319 |
---|
6825 | 6825 | | 6499eligible under section 63 of chapter 23A of the General Laws or other similar state programs if |
---|
6826 | 6826 | | 6500there are matching private funds; or (ii) eligibility for credits pursuant to subsection (j) of section |
---|
6827 | 6827 | | 65016 of chapter 62 of the General Laws or section 38Q of chapter 63 of the General Laws. |
---|
6828 | 6828 | | 6502 (h)(i) Prior to the removal of the parcel from the designated port area pursuant to |
---|
6829 | 6829 | | 6503subsection (a), the owner of the professional soccer stadium shall enter into a community impact |
---|
6830 | 6830 | | 6504agreement with: (1) the city of Boston, and (2) the city of Everett. |
---|
6831 | 6831 | | 6505 (ii) The parties to the community impact agreements pursuant to paragraph (i) shall |
---|
6832 | 6832 | | 6506commence negotiations as of the effective date of this act and engage in direct negotiations in |
---|
6833 | 6833 | | 6507good faith and without unreasonable delay. |
---|
6834 | 6834 | | 6508 (iii) If no agreement has been reached by the parties as of May 1, 2025 pursuant to |
---|
6835 | 6835 | | 6509paragraph (ii) the parties shall enter into mediation. During the mediation a mediator shall |
---|
6836 | 6836 | | 6510directly oversee all negotiations between the parties; The mediator shall be mutually agreed upon |
---|
6837 | 6837 | | 6511by both parties to the community impact agreement. |
---|
6838 | 6838 | | 6512 (iv) If no agreement has been reached by the parties as of December 31, 2025 pursuant to |
---|
6839 | 6839 | | 6513paragraph (iii) the parties shall submit to binding arbitration before a tripartite panel comprised |
---|
6840 | 6840 | | 6514of: (i) a representative of the owner, (ii) a representative from the host community that is a party |
---|
6841 | 6841 | | 6515to the community impact agreement, and (iii) a neutral arbitrator. The mediator shall not serve as |
---|
6842 | 6842 | | 6516the arbitrator and the arbitrator shall be mutually agreed upon by both parties to the community |
---|
6843 | 6843 | | 6517impact agreement. |
---|
6844 | 6844 | | 6518 (v) The community impact agreements pursuant to paragraph (i) shall be submitted to the |
---|
6845 | 6845 | | 6519executive office of energy and environmental affairs prior to the parcel being removed from the |
---|
6846 | 6846 | | 6520designated port area, pursuant to subsection (a). CORRECTED |
---|
6847 | 6847 | | 301 of 319 |
---|
6848 | 6848 | | 6521 SECTION 296. (a)(1) Notwithstanding any general or special law to the contrary, and |
---|
6849 | 6849 | | 6522subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and |
---|
6850 | 6850 | | 6523recreation shall lease to the New Bedford Harbor Development Commission, doing business as |
---|
6851 | 6851 | | 6524the New Bedford Port Authority, a certain area in and over the waters of the Acushnet river in |
---|
6852 | 6852 | | 6525the city of New Bedford, together with improvements thereon and all easements, rights, |
---|
6853 | 6853 | | 6526privileges and appurtenances thereto for the operation and maintenance of a recreational marine |
---|
6854 | 6854 | | 6527boating facility and recreational area known as the Pope’s Island Marina for a term of 10 years |
---|
6855 | 6855 | | 6528with 2 5-year options to extend. |
---|
6856 | 6856 | | 6529 (2) The New Bedford Harbor Development Commission shall not enter into sub- |
---|
6857 | 6857 | | 6530agreements for the operation and maintenance of the marina without prior written authorization |
---|
6858 | 6858 | | 6531from the commissioner of conservation and recreation. True copies of any such written |
---|
6859 | 6859 | | 6532authorization shall be filed with the clerks of the senate and house of representatives not later |
---|
6860 | 6860 | | 6533than 45 days after execution. |
---|
6861 | 6861 | | 6534 (b) The lease and any extensions executed under this section shall be on terms and |
---|
6862 | 6862 | | 6535conditions acceptable to the commissioner of conservation and recreation; provided, however, |
---|
6863 | 6863 | | 6536that the lease and any extensions thereof shall provide, at its sole cost and expense, that the New |
---|
6864 | 6864 | | 6537Bedford Harbor Development Commission: (i) provide oversight, operations, maintenance and |
---|
6865 | 6865 | | 6538repair of the property, including the land, facilities and appurtenances associated therewith |
---|
6866 | 6866 | | 6539during the term of the lease; (ii) shall carry comprehensive general liability insurance naming the |
---|
6867 | 6867 | | 6540commonwealth as a co-insured, protecting the commonwealth against all claims for personal |
---|
6868 | 6868 | | 6541injury or property damage arising from the use of the land and appurtenances associated |
---|
6869 | 6869 | | 6542therewith during the term of the lease and any extension thereof; (iii) subject to clauses (v) and |
---|
6870 | 6870 | | 6543(vi), may retain revenues from usage fees during the term of the lease and the proceeds from CORRECTED |
---|
6871 | 6871 | | 302 of 319 |
---|
6872 | 6872 | | 6544concessions associated with use of the property for the sole purpose of the design, construction, |
---|
6873 | 6873 | | 6545operation, programming, maintenance and repair expenses of the property over the course of the |
---|
6874 | 6874 | | 6546lease in addition to a 1-time reimbursement for costs defined herein; (iv) may charge not more |
---|
6875 | 6875 | | 6547than $90 per linear foot for use of slips without prior written authorization from the |
---|
6876 | 6876 | | 6548commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared |
---|
6877 | 6877 | | 6549with the department of conservation and recreation, not less than $100,000 annually, adjusted to |
---|
6878 | 6878 | | 6550the price adjustment formulae indices every 5 years, to fund capital investments of the property; |
---|
6879 | 6879 | | 6551(vi) shall pay to the department of conservation, in quarterly installments, 10 per cent of the |
---|
6880 | 6880 | | 6552annual gross revenues defined as total gross revenues after deduction of the $100,000 described |
---|
6881 | 6881 | | 6553in clause (v); (vii) shall, not later than 3 months after the close of each calendar year, prepare an |
---|
6882 | 6882 | | 6554annual report detailing its performance against the goals for the prior year, detailing all revenues |
---|
6883 | 6883 | | 6555and expenditures of funds for the prior year pursuant to this section, regardless of source, and |
---|
6884 | 6884 | | 6556specifying all usage and programming fee rates associated with planned programs and activities, |
---|
6885 | 6885 | | 6557and submit the report to the commissioner of conservation and recreation; (viii) shall not design, |
---|
6886 | 6886 | | 6558install or construct any facilities on the property without the written approval of the |
---|
6887 | 6887 | | 6559commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x) |
---|
6888 | 6888 | | 6560shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground |
---|
6889 | 6889 | | 6561facility; and (xi) may be responsible for outreach and stewardship with the written approval of |
---|
6890 | 6890 | | 6562the commissioner of conservation and recreation. |
---|
6891 | 6891 | | 6563 (c) The lease and any extensions thereof executed under this section shall each be |
---|
6892 | 6892 | | 6564reviewed by the inspector general for comment and recommendation. CORRECTED |
---|
6893 | 6893 | | 303 of 319 |
---|
6894 | 6894 | | 6565 (d) Before entering into the lease, the commissioner of conservation and recreation shall |
---|
6895 | 6895 | | 6566determine the exact boundaries of the property after completion of a title examination and a |
---|
6896 | 6896 | | 6567survey each commissioned by the department of conservation and recreation. |
---|
6897 | 6897 | | 6568 (e) The New Bedford Harbor Development Commission shall be responsible for all costs |
---|
6898 | 6898 | | 6569and expenses associated with any engineering, surveys, appraisals and lease preparation related |
---|
6899 | 6899 | | 6570to the execution of the lease and any extensions thereof under this section; provided, however, |
---|
6900 | 6900 | | 6571that the commonwealth shall not be required to contribute to any such costs. |
---|
6901 | 6901 | | 6572 (f) Within 90 days of the effective date of this section, the commissioner of conservation |
---|
6902 | 6902 | | 6573and recreation shall issue to the New Bedford Harbor Development Commission a license to |
---|
6903 | 6903 | | 6574operate and maintain the marina. The terms of said license shall be consistent with this section. |
---|
6904 | 6904 | | 6575 (g) If the land, building and facilities, field and appurtenances comprising the property |
---|
6905 | 6905 | | 6576cease to be used by the New Bedford Harbor Development Commission for the purposes and in |
---|
6906 | 6906 | | 6577the manner described in this section at any time before the conclusion of the lease term, the |
---|
6907 | 6907 | | 6578property shall revert to the commonwealth upon such terms and conditions as the commissioner |
---|
6908 | 6908 | | 6579of department of conservation and recreation may determine, and shall be assigned to the care, |
---|
6909 | 6909 | | 6580custody and control of the department of conservation and recreation. |
---|
6910 | 6910 | | 6581 (h) If the commissioner of conservation and recreation fails to enter into a lease with the |
---|
6911 | 6911 | | 6582New Bedford Harbor Development Commission pursuant subsection (a) before July 1, 2025, the |
---|
6912 | 6912 | | 6583commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee |
---|
6913 | 6913 | | 6584to operate and maintain the Pope’s Island Marina and recreational area. Any lease resulting from |
---|
6914 | 6914 | | 6585a request for proposals process pursuant to this section shall be for a term not to exceed 20 years, |
---|
6915 | 6915 | | 6586inclusive of any extensions. CORRECTED |
---|
6916 | 6916 | | 304 of 319 |
---|
6917 | 6917 | | 6587 (i) Funds authorized for the Pope’s Island Marina and the adjoining recreational area in |
---|
6918 | 6918 | | 6588item 2300-7026 of chapter 286 of the acts of 2014, as extended by chapter 140 of the acts of |
---|
6919 | 6919 | | 65892022, and in item 6720-2261 of chapter 176 of the acts of 2022 shall be made available to |
---|
6920 | 6920 | | 6590advance the lease agreement pursuant to this section. |
---|
6921 | 6921 | | 6591 SECTION 297. (a) As used in this section, the following words shall have the following |
---|
6922 | 6922 | | 6592meanings unless the context clearly requires otherwise:- |
---|
6923 | 6923 | | 6593 “Candidate”, shall have the same meaning as in section 1 of chapter 55 of the General |
---|
6924 | 6924 | | 6594Laws. |
---|
6925 | 6925 | | 6595 “Materially deceptive audio or visual media”, an image or audio or video recording |
---|
6926 | 6926 | | 6596concerning the safety or regular operations of an election or a candidate’s appearance, speech or |
---|
6927 | 6927 | | 6597conduct that has been fabricated or intentionally manipulated in a manner such that the image or |
---|
6928 | 6928 | | 6598audio or video recording would: (i) falsely appear to a reasonable person to be authentic; and (ii) |
---|
6929 | 6929 | | 6599would cause a reasonable person to have a fundamentally different understanding or impression |
---|
6930 | 6930 | | 6600of the expressive content of such image or audio or video recording than that person would have |
---|
6931 | 6931 | | 6601if the person were hearing or seeing an unaltered, original image or audio or video recording. |
---|
6932 | 6932 | | 6602 “Person”, an individual, corporation, political committee, association, operation, firm, |
---|
6933 | 6933 | | 6603partnership, trust or other form of business or personal association. |
---|
6934 | 6934 | | 6604 “Political party”, shall have the same meaning as in section 1 of chapter 50 of the General |
---|
6935 | 6935 | | 6605Laws. |
---|
6936 | 6936 | | 6606 (b) Except as provided in subsection (c), a person, candidate, campaign committee, |
---|
6937 | 6937 | | 6607political action committee, political issues committee, political party or other entity shall not, CORRECTED |
---|
6938 | 6938 | | 305 of 319 |
---|
6939 | 6939 | | 6608within 90 days of an election at which a candidate for elective office will appear on the ballot, |
---|
6940 | 6940 | | 6609distribute with actual malice materially deceptive audio or visual media: (i) depicting the |
---|
6941 | 6941 | | 6610candidate with the intent to injure the candidate’s reputation or deceive a voter into voting for or |
---|
6942 | 6942 | | 6611against the candidate; or (ii) concerning the safety or regular operations of an election intended |
---|
6943 | 6943 | | 6612to disrupt the integrity of the electoral process. |
---|
6944 | 6944 | | 6613 (c)(1) Subsection (b) shall not apply if the audio or visual media includes a disclosure |
---|
6945 | 6945 | | 6614stating: “This _____ has been manipulated.” |
---|
6946 | 6946 | | 6615 (2) The blank in the disclosure required by paragraph (1) shall be filled with one of the |
---|
6947 | 6947 | | 6616following terms that most accurately describe the media: (i) image; (ii) video; or (iii) audio. |
---|
6948 | 6948 | | 6617 (3)(i) For visual media, the text of the disclosure shall appear in a size that is easily |
---|
6949 | 6949 | | 6618readable by the average viewer and no smaller than the largest font size of other text appearing in |
---|
6950 | 6950 | | 6619the visual media; provided, however, that if the visual media does not include any other text, the |
---|
6951 | 6951 | | 6620disclosure shall appear in a size that is easily readable by the average viewer. For visual media |
---|
6952 | 6952 | | 6621that is video, the disclosure shall appear for the duration of the video. |
---|
6953 | 6953 | | 6622 (ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken |
---|
6954 | 6954 | | 6623manner and in a pitch that can be easily heard by the average listener, at the beginning of the |
---|
6955 | 6955 | | 6624audio, at the end of the audio and, if the audio is greater than 2 minutes in length, interspersed |
---|
6956 | 6956 | | 6625within the audio at intervals of not greater than 2 minutes each. |
---|
6957 | 6957 | | 6626 (d)(1) A candidate for elective office whose voice or likeness appears in a materially |
---|
6958 | 6958 | | 6627deceptive audio or visual media distributed in violation of this section or the attorney general |
---|
6959 | 6959 | | 6628may seek injunctive or other equitable relief prohibiting the distribution of such audio or visual |
---|
6960 | 6960 | | 6629media. CORRECTED |
---|
6961 | 6961 | | 306 of 319 |
---|
6962 | 6962 | | 6630 (2) A candidate for elective office whose voice or likeness appears in a materially |
---|
6963 | 6963 | | 6631deceptive audio or visual media distributed in violation of this section may bring an action for |
---|
6964 | 6964 | | 6632general or special damages against a person, candidate, campaign committee, political action |
---|
6965 | 6965 | | 6633committee, political issues committee, political party or other entity that distributed the |
---|
6966 | 6966 | | 6634materially deceptive audio or visual media. A court may also award a prevailing party reasonable |
---|
6967 | 6967 | | 6635attorney’s fees and costs. This subsection shall not limit or preclude a plaintiff from securing or |
---|
6968 | 6968 | | 6636recovering any other available legal remedy. |
---|
6969 | 6969 | | 6637 (3) In any civil action alleging a violation of this section, the plaintiff shall bear the |
---|
6970 | 6970 | | 6638burden of establishing the violation through clear and convincing evidence. |
---|
6971 | 6971 | | 6639 (e)(1) This section shall not alter or negate any rights, obligations or immunities of an |
---|
6972 | 6972 | | 6640interactive service provider under 47 U.S.C. section 230. |
---|
6973 | 6973 | | 6641 (2) This section shall not apply to a radio or television broadcasting station, including a |
---|
6974 | 6974 | | 6642cable or satellite television operator, programmer, producer or mobile application or streaming |
---|
6975 | 6975 | | 6643service that broadcasts materially deceptive audio or visual media prohibited by this section as |
---|
6976 | 6976 | | 6644part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of bona |
---|
6977 | 6977 | | 6645fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a |
---|
6978 | 6978 | | 6646manner that can be easily heard or read by the average listener or viewer, that there are questions |
---|
6979 | 6979 | | 6647about the authenticity of the materially deceptive audio or visual media. |
---|
6980 | 6980 | | 6648 (3) This section shall not apply to a radio or television broadcasting station, including a |
---|
6981 | 6981 | | 6649cable or satellite television operator, programmer, producer or mobile application or streaming |
---|
6982 | 6982 | | 6650service when it is paid to broadcast materially deceptive audio or visual media. CORRECTED |
---|
6983 | 6983 | | 307 of 319 |
---|
6984 | 6984 | | 6651 (4) This section shall not apply to an internet website or a regularly published newspaper, |
---|
6985 | 6985 | | 6652magazine or other periodical of general circulation, including an internet or electronic |
---|
6986 | 6986 | | 6653publication, that routinely carries news and commentary of general interest, and that publishes |
---|
6987 | 6987 | | 6654materially deceptive audio or visual media prohibited by this section, if the publication clearly |
---|
6988 | 6988 | | 6655states that the materially deceptive audio or visual media does not accurately represent the |
---|
6989 | 6989 | | 6656speech or conduct of the candidate. |
---|
6990 | 6990 | | 6657 (5) This section shall not apply to materially deceptive audio or visual media that |
---|
6991 | 6991 | | 6658constitutes satire or parody. |
---|
6992 | 6992 | | 6659 SECTION 298. Not later than 30 days after the effective date of this act, the secretary of |
---|
6993 | 6993 | | 6660economic development and the secretary of housing and livable communities shall convene a |
---|
6994 | 6994 | | 6661working group that shall include representatives from the towns of Ayer, Harvard and Shirley, |
---|
6995 | 6995 | | 6662the Massachusetts Development Finance Agency, the Devens committee and the Devens |
---|
6996 | 6996 | | 6663Enterprise Commission to determine a strategy and plan to provide for increased housing |
---|
6997 | 6997 | | 6664production within Devens, including, but not limited to, the feasibility of allowing not more than |
---|
6998 | 6998 | | 6665400 multi-family residential units in the Innovation and Technology Center zoning district |
---|
6999 | 6999 | | 6666established by Article V(A)(13) of the zoning by-laws of the Devens Regional Enterprise Zone. |
---|
7000 | 7000 | | 6667The secretaries of economic development and housing and livable communities shall report the |
---|
7001 | 7001 | | 6668findings of the working group to the clerks of the house of representatives and the senate and the |
---|
7002 | 7002 | | 6669joint committee on economic development and emerging technologies not later than 180 days |
---|
7003 | 7003 | | 6670after the effective date of this act. |
---|
7004 | 7004 | | 6671 SECTION 299. (a) Not later than October 1, 2025, the department of elementary and |
---|
7005 | 7005 | | 6672secondary education or any department or agency thereof designated by the executive office of CORRECTED |
---|
7006 | 7006 | | 308 of 319 |
---|
7007 | 7007 | | 6673education, shall establish a public information campaign, which shall be for a duration of not less |
---|
7008 | 7008 | | 6674than 1 year, to educate and promote awareness to the public of available state scholarships and |
---|
7009 | 7009 | | 6675loan forgiveness programs for prospective educators. The campaign shall include, but not be |
---|
7010 | 7010 | | 6676limited to, information about the availability of and eligibility for such scholarships and loan |
---|
7011 | 7011 | | 6677forgiveness programs. The department of elementary and secondary education, or any |
---|
7012 | 7012 | | 6678department or agency thereof designated by the executive office of education, shall seek to |
---|
7013 | 7013 | | 6679ensure that the public information campaign reaches individuals applying to public institutions of |
---|
7014 | 7014 | | 6680higher education under section 5 of chapter 15A of the General Laws and community colleges |
---|
7015 | 7015 | | 6681under section 10 of said chapter 15A of the General Laws. |
---|
7016 | 7016 | | 6682 (b) Not later than October 1, 2027, the department shall report to the joint committee on |
---|
7017 | 7017 | | 6683education on the impact of the public information campaign, including data on the numbers of |
---|
7018 | 7018 | | 6684applicants for available state scholarships and loan forgiveness programs and the awarding of |
---|
7019 | 7019 | | 6685such scholarships and loan forgiveness program participants. |
---|
7020 | 7020 | | 6686 SECTION 300. (a) The department of elementary and secondary education shall conduct |
---|
7021 | 7021 | | 6687a comprehensive evaluation of the pilot program, authorized by 603 CMR 7.04(2)(f). The |
---|
7022 | 7022 | | 6688evaluation shall include: (i) a measurement of student impacts as measured by factors established |
---|
7023 | 7023 | | 6689by the commissioner of the department of elementary and secondary education; (ii) an |
---|
7024 | 7024 | | 6690assessment of progress made in diversifying the educator workforce; and (iii) an assessment of |
---|
7025 | 7025 | | 6691the impacts on candidates of diverse backgrounds. |
---|
7026 | 7026 | | 6692 (b) The department shall file a report of said evaluation of the pilot program with the |
---|
7027 | 7027 | | 6693clerks of the house of representatives and the senate and the joint committee on education not |
---|
7028 | 7028 | | 6694later than 90 days after the conclusion of the pilot program. CORRECTED |
---|
7029 | 7029 | | 309 of 319 |
---|
7030 | 7030 | | 6695 (c) The commissioner of the department of elementary and secondary education shall, in |
---|
7031 | 7031 | | 6696consultation with relevant stakeholders, and based on the alternative assessment pilot program |
---|
7032 | 7032 | | 6697authorized in 603 CMR 7.04(2)(f), determine, subject to approval of the board of elementary and |
---|
7033 | 7033 | | 6698secondary education, whether to make permanent components of the pilot program that may be |
---|
7034 | 7034 | | 6699used to fulfill testing requirements in section 38G of chapter 71 of the General Laws, which |
---|
7035 | 7035 | | 6700would allow candidates for certification to earn a provisional or initial certification. |
---|
7036 | 7036 | | 6701 (d) The department may implement, subject to approval of the board of elementary and |
---|
7037 | 7037 | | 6702secondary education, an alternative certification process that may allow for a waiver of not more |
---|
7038 | 7038 | | 6703than 1 of the 2 tests required by section 38G of said chapter 71, per candidate, and may include |
---|
7039 | 7039 | | 6704consideration of factors, including, but not limited to, whether a candidate has: (i) obtained |
---|
7040 | 7040 | | 6705certification in another state or territory in the United States, the District of Columbia, or the |
---|
7041 | 7041 | | 6706Commonwealth of Puerto Rico, as approved by the department; (ii) completed a satisfactory |
---|
7042 | 7042 | | 6707portfolio of items that may include student feedback or competency-based projects; (iii) obtained |
---|
7043 | 7043 | | 6708a master’s degree or doctorate from an accredited institution; provided that the advanced degree |
---|
7044 | 7044 | | 6709relates to the content area for which the individual is seeking certification, as determined by the |
---|
7045 | 7045 | | 6710department; (iv) successfully completed a department-approved educator preparation program |
---|
7046 | 7046 | | 6711for the role and at the level of the license sought; or (v) successfully completed field-based |
---|
7047 | 7047 | | 6712experience of not less than 2 years in the role and at the level of the license sought. |
---|
7048 | 7048 | | 6713 SECTION 301. If a district or charter school has a diversity officer or team already in |
---|
7049 | 7049 | | 6714place on the effective date of section 101 of chapter 71 of the General Laws, such district or |
---|
7050 | 7050 | | 6715charter school shall be deemed to be in compliance with said section 101 of said chapter 71. CORRECTED |
---|
7051 | 7051 | | 310 of 319 |
---|
7052 | 7052 | | 6716 SECTION 302. The board of elementary and secondary education may promulgate rules |
---|
7053 | 7053 | | 6717and regulations to implement section 39 of chapter 69 of the General Laws and section 38G¾ of |
---|
7054 | 7054 | | 6718chapter 71 of the General Laws. |
---|
7055 | 7055 | | 6719 SECTION 303. (a) There is hereby established a special legislative commission pursuant |
---|
7056 | 7056 | | 6720to section 2A of chapter 4 of the General Laws to study the future of payments and sales |
---|
7057 | 7057 | | 6721transactions by credit card and other forms of payment and the impacts for small businesses in |
---|
7058 | 7058 | | 6722the commonwealth. The commission shall solicit input from the public, businesses and the |
---|
7059 | 7059 | | 6723payments industry on payment trends, the prevalence of cashless transactions and cashless |
---|
7060 | 7060 | | 6724businesses in the commonwealth, credit card fees, mobile payments, buy-now-pay-later |
---|
7061 | 7061 | | 6725financing and other aspects of the payments industry. |
---|
7062 | 7062 | | 6726 (b) The commission shall study and review: (i) the cost to small businesses operating in |
---|
7063 | 7063 | | 6727the commonwealth of conducting sales transactions with consumers using credit cards or other |
---|
7064 | 7064 | | 6728means of payment, including, but not limited to, cash, check or similar means; (ii) the impact of |
---|
7065 | 7065 | | 6729the increasing use of credit cards or other means of payment by consumers on small businesses; |
---|
7066 | 7066 | | 6730and (iii) the impact of section 28A of chapter 140D of the General Laws on small businesses |
---|
7067 | 7067 | | 6731owned and operated in the commonwealth. The commission shall report on the impact on small |
---|
7068 | 7068 | | 6732businesses operating in the commonwealth and provide recommendations on the future use of |
---|
7069 | 7069 | | 6733credit cards and other forms of payment for the long-term success of small businesses in the |
---|
7070 | 7070 | | 6734commonwealth. |
---|
7071 | 7071 | | 6735 (c) The commission shall consist of: the chairs of the joint committee on financial |
---|
7072 | 7072 | | 6736services, who shall serve as co-chairs; 1 member appointed by the attorney general; the secretary |
---|
7073 | 7073 | | 6737of economic development or a designee; the commissioner of banks or a designee; 1 member CORRECTED |
---|
7074 | 7074 | | 311 of 319 |
---|
7075 | 7075 | | 6738appointed by the Massachusetts Bankers Association; a representative of the Retailers |
---|
7076 | 7076 | | 6739Association of Massachusetts, Inc.; a representative of the Massachusetts Restaurant |
---|
7077 | 7077 | | 6740Association; 1 member appointed by the Massachusetts chapter of the National Federation of |
---|
7078 | 7078 | | 6741Independent Businesses; and 2 members appointed by the governor who shall have experience |
---|
7079 | 7079 | | 6742owning and operating a small business in the commonwealth. The appointees of the governor |
---|
7080 | 7080 | | 6743shall represent diverse geographic areas of the commonwealth. |
---|
7081 | 7081 | | 6744 (d) Not later than December 1, 2025, the commission shall file a report and its |
---|
7082 | 7082 | | 6745recommendations with the clerks of the house of representatives and the senate, the joint |
---|
7083 | 7083 | | 6746committee on financial services and the joint committee on economic development and emerging |
---|
7084 | 7084 | | 6747technologies. |
---|
7085 | 7085 | | 6748 SECTION 304. The commissioner of agriculture shall conduct a study on the presence of |
---|
7086 | 7086 | | 6749substances including, but not limited to, mercury, parabens, estrogenic chemicals from placenta, |
---|
7087 | 7087 | | 6750benzophenone, diethanolamine, nonylphenol, phthalates and talc powder and other chemicals |
---|
7088 | 7088 | | 6751known to be endocrine disruptors in cosmetic products and the potential negative effects of such |
---|
7089 | 7089 | | 6752substance-containing cosmetic products on minors. The study shall include, but not be limited to: |
---|
7090 | 7090 | | 6753(i) the effects of such substance-containing products on the health of persons under the age of 18; |
---|
7091 | 7091 | | 6754(ii) the effect of advertisements, whether oral, written, graphic or pictorial, that encourage minors |
---|
7092 | 7092 | | 6755to purchase cosmetic products containing such substances; (iii) the use of images, voices or |
---|
7093 | 7093 | | 6756depictions of persons under the age of 18 for the purpose of promoting the sale of such |
---|
7094 | 7094 | | 6757substance-containing cosmetic products including, but not limited to, hair relaxers and skin |
---|
7095 | 7095 | | 6758bleaching products, including an analysis of the use of images of minors delineated by age, race |
---|
7096 | 7096 | | 6759and sex; (iv) a list of cosmetic products that use child-like images or children to market such CORRECTED |
---|
7097 | 7097 | | 312 of 319 |
---|
7098 | 7098 | | 6760substance-containing cosmetic products; and (v) a geographic analysis of the areas in the |
---|
7099 | 7099 | | 6761commonwealth where such substance-containing cosmetic products are sold. |
---|
7100 | 7100 | | 6762 The commissioner shall submit a report of its findings and recommendations to the joint |
---|
7101 | 7101 | | 6763committee on public health, the joint committee on racial equity, civil rights and inclusion and |
---|
7102 | 7102 | | 6764the senate and house committees on ways and means not later than May 1, 2025. |
---|
7103 | 7103 | | 6765 SECTION 305. (a) There shall be a special working group on youth sports to conduct an |
---|
7104 | 7104 | | 6766investigation and study of the current state of youth sports. The working group shall study and |
---|
7105 | 7105 | | 6767make recommendations relative to the regulation of youth sports, including, but not limited to: (i) |
---|
7106 | 7106 | | 6768maximum participation hours per youth sport in a defined period of time; (ii) licensing of |
---|
7107 | 7107 | | 6769businesses and coaches, including licensing fees and the conditions under which any such |
---|
7108 | 7108 | | 6770licensing fee may be waived to promote access to participation; and (iii) standards for player |
---|
7109 | 7109 | | 6771safety, including concussion protocols and athletic trainer requirements. The working group shall |
---|
7110 | 7110 | | 6772conduct not less than 3 public hearings. |
---|
7111 | 7111 | | 6773 (b) The working group shall consist of: the chair of the state athletic commission, who |
---|
7112 | 7112 | | 6774shall serve as chair of the working group; 2 members appointed by the president of the senate; 2 |
---|
7113 | 7113 | | 6775members appointed by the speaker of the house of representatives; 1 member appointed by the |
---|
7114 | 7114 | | 6776minority leader of the senate; 1 member appointed by the minority leader of the house of |
---|
7115 | 7115 | | 6777representatives; and 7 members appointed by the governor who shall have experience and |
---|
7116 | 7116 | | 6778expertise in youth sports. Members of the working group shall not be compensated for their |
---|
7117 | 7117 | | 6779service. |
---|
7118 | 7118 | | 6780 (c) The working group shall report to the general court and to the state athletic |
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7119 | 7119 | | 6781commission the results of its investigation and study and its recommendations, if any, together CORRECTED |
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7120 | 7120 | | 313 of 319 |
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7121 | 7121 | | 6782with drafts of regulations to be promulgated by the commission and legislation necessary to carry |
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7122 | 7122 | | 6783its recommendations into effect, by filing the same with the commission, the clerks of the senate |
---|
7123 | 7123 | | 6784and house of representatives, the joint committee on economic development and emerging |
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7124 | 7124 | | 6785technologies and the joint committee on health care financing not later than 120 days after the |
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7125 | 7125 | | 6786third public hearing conducted by the working group. |
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7126 | 7126 | | 6787 SECTION 306. There shall be a special commission to study and recommend ways to |
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7127 | 7127 | | 6788regulate micro-mobility vehicles. The study shall include, but not be limited to: (i) a review of |
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7128 | 7128 | | 6789current state and local laws and regulations for micro-mobility vehicles; (ii) recommendations to |
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7129 | 7129 | | 6790regulate micro mobility vehicles, including on bike paths, sidewalks and shared use paths; and |
---|
7130 | 7130 | | 6791(iii) recommendations to support the expansion of micro-mobility vehicle use and innovation |
---|
7131 | 7131 | | 6792including shared micro-mobility options for municipalities. |
---|
7132 | 7132 | | 6793 The commission shall consist of: the secretary of transportation or a designee, who shall |
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7133 | 7133 | | 6794serve as chair; the secretary of public safety and security or a designee; the commissioner of |
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7134 | 7134 | | 6795conservation and recreation or a designee; 1 person to be appointed by the senate president; 1 |
---|
7135 | 7135 | | 6796person to be appointed by the speaker of the house of representatives; 3 persons to be appointed |
---|
7136 | 7136 | | 6797by the secretary of transportation, 1 of whom shall have experience in and knowledge of the |
---|
7137 | 7137 | | 6798electric bicycle sector, 1 of whom shall have experience in and knowledge of the electric scooter |
---|
7138 | 7138 | | 6799industry and 1 of whom shall have mobility business experience; 1 person to be a representative |
---|
7139 | 7139 | | 6800of Consulting Planners of Massachusetts; 2 persons to be representatives of Massachusetts |
---|
7140 | 7140 | | 6801Municipal Association, Inc., 1 of whom shall represent a town and 1 of whom shall represent a |
---|
7141 | 7141 | | 6802city; 1 person to be a representative of WalkBoston, Inc.; 1 person to be a representative of |
---|
7142 | 7142 | | 6803Massachusetts Bicycle Coalition, Incorporated; 1 person to be a representative of Massachusetts CORRECTED |
---|
7143 | 7143 | | 314 of 319 |
---|
7144 | 7144 | | 6804Chiefs of Police Association, Inc.; and 1 person to be a representative of the National Bicycle |
---|
7145 | 7145 | | 6805Dealers Association. |
---|
7146 | 7146 | | 6806 The commission shall file a report of its findings and recommendations with the clerks of |
---|
7147 | 7147 | | 6807the senate and house of representatives and the senate and house committees on ways and means |
---|
7148 | 7148 | | 6808not later than December 1, 2025. |
---|
7149 | 7149 | | 6809 SECTION 307. (a) Not later than 1 year after the effective date of this act and before the |
---|
7150 | 7150 | | 6810adoption of any regulations for the administration of the state action for public health excellence |
---|
7151 | 7151 | | 6811program pursuant to section 27D of chapter 111 of the General Laws, the department of public |
---|
7152 | 7152 | | 6812health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the |
---|
7153 | 7153 | | 6813commonwealth or online to identify ways to improve the efficiency and effectiveness of the |
---|
7154 | 7154 | | 6814delivery of local public health services, in alignment with the recommendations of the special |
---|
7155 | 7155 | | 6815commission on local and regional public health established in chapter 3 of the resolves of 2016. |
---|
7156 | 7156 | | 6816 (b) Not later than March 31, 2025, the department of public health shall submit a report to |
---|
7157 | 7157 | | 6817the clerks of the house of representatives and the senate, the house and senate committees on |
---|
7158 | 7158 | | 6818ways and means and the joint committee on public health. The report shall include an analysis of |
---|
7159 | 7159 | | 6819needs, opportunities, challenges, timeline and cost for the implementation of section 27D of said |
---|
7160 | 7160 | | 6820chapter 111. |
---|
7161 | 7161 | | 6821 SECTION 308. The special commission on local and regional public health established in |
---|
7162 | 7162 | | 6822chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2025. As |
---|
7163 | 7163 | | 6823soon as practicable following the effective date of this act, the department shall convene the |
---|
7164 | 7164 | | 6824special commission at least once to review the amendments to section 27D of chapter 111 of the CORRECTED |
---|
7165 | 7165 | | 315 of 319 |
---|
7166 | 7166 | | 6825General Laws and funding available to support and enhance the commonwealth’s local and |
---|
7167 | 7167 | | 6826regional public health system. |
---|
7168 | 7168 | | 6827 SECTION 309. The standards for foundational public health services developed pursuant |
---|
7169 | 7169 | | 6828to subsections (b) and (c) of section 27D of chapter 111 of the General Laws shall be consistent |
---|
7170 | 7170 | | 6829with the recommendations of the report approved in June 2019 by the special commission on |
---|
7171 | 7171 | | 6830local and regional and public health established by chapter 3 of the resolves of 2016, and shall be |
---|
7172 | 7172 | | 6831implemented and complied with by a phased schedule adopted by the department of public |
---|
7173 | 7173 | | 6832health. The department of public health shall publish a list of the local public health standards |
---|
7174 | 7174 | | 6833established pursuant to said subsections (b) and (c) of said section 27D of said chapter 111 not |
---|
7175 | 7175 | | 6834later than 90 days following the effective date of this act. |
---|
7176 | 7176 | | 6835 SECTION 310. Notwithstanding any general or special law to the contrary, the |
---|
7177 | 7177 | | 6836unexpended and unencumbered balances of the bond-funded authorizations in the following |
---|
7178 | 7178 | | 6837accounts shall cease to be available for expenditure 180 days after the effective date of this act: |
---|
7179 | 7179 | | 68387002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020, |
---|
7180 | 7180 | | 68397002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035, |
---|
7181 | 7181 | | 68407002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055 and 7002-8065. |
---|
7182 | 7182 | | 6841 SECTION 311. Notwithstanding any general or special law to the contrary, to meet the |
---|
7183 | 7183 | | 6842expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon |
---|
7184 | 7184 | | 6843receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to |
---|
7185 | 7185 | | 6844be specified by the governor from time to time but not exceeding, in the aggregate, |
---|
7186 | 7186 | | 6845$2,928,517,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on |
---|
7187 | 7187 | | 6846their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” and shall be CORRECTED |
---|
7188 | 7188 | | 316 of 319 |
---|
7189 | 7189 | | 6847issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to |
---|
7190 | 7190 | | 6848the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; |
---|
7191 | 7191 | | 6849provided, however, that all such bonds shall be payable not later than June 30, 2059. All interest |
---|
7192 | 7192 | | 6850and payments on account of principal on such obligations shall be payable from the General |
---|
7193 | 7193 | | 6851Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding |
---|
7194 | 7194 | | 6852any other provision of this act, be general obligations of the commonwealth. |
---|
7195 | 7195 | | 6853 SECTION 312. Notwithstanding any general or special law to the contrary, to meet the |
---|
7196 | 7196 | | 6854expenditures necessary in carrying out section 2C, the state treasurer shall, upon receipt of a |
---|
7197 | 7197 | | 6855request by the governor, issue and sell bonds of the commonwealth in an amount to be specified |
---|
7198 | 7198 | | 6856by the governor from time to time but not exceeding, in the aggregate $1,030,000,000. All bonds |
---|
7199 | 7199 | | 6857issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to |
---|
7200 | 7200 | | 6858Strengthening Massachusetts’ Economic Leadership” and shall be issued for a maximum term of |
---|
7201 | 7201 | | 6859years, not exceeding 30 years, as the governor may recommend to the general court pursuant to |
---|
7202 | 7202 | | 6860section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all |
---|
7203 | 7203 | | 6861such bonds shall be payable not later than June 30, 2064. All interest and payments on account of |
---|
7204 | 7204 | | 6862principal on such obligations shall be payable from the General Fund. Bonds and interest thereon |
---|
7205 | 7205 | | 6863issued under the authority of this section shall, notwithstanding any other provision of this act, be |
---|
7206 | 7206 | | 6864general obligations of the commonwealth. |
---|
7207 | 7207 | | 6865 SECTION 313. The director of campaign and political finance shall promulgate |
---|
7208 | 7208 | | 6866regulations to implement section 182 not later than January 31, 2025. |
---|
7209 | 7209 | | 6867 SECTION 314. The first annual program summary required by subsection (n) of section |
---|
7210 | 7210 | | 6868243 of chapter 111 of the General Laws shall be submitted not later than December 31, 2025. CORRECTED |
---|
7211 | 7211 | | 317 of 319 |
---|
7212 | 7212 | | 6869 SECTION 315. Section 3M of chapter 23A of the General Laws, inserted by section 41, |
---|
7213 | 7213 | | 6870subsection (ff) of section 6 of chapter 62 of the General Laws, inserted by section 194, and |
---|
7214 | 7214 | | 6871section 38QQ and of chapter 63 of the General Laws, inserted by section 212, are hereby |
---|
7215 | 7215 | | 6872repealed; provided, however, that any credits allowed pursuant to this act may be carried forward |
---|
7216 | 7216 | | 6873pursuant to subsection (ff) of said section 6 of said chapter 62, inserted by section 194, and said |
---|
7217 | 7217 | | 6874section 38QQ of said chapter 63, inserted by section 212, after January 1, 2030. |
---|
7218 | 7218 | | 6875 SECTION 316. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted |
---|
7219 | 7219 | | 6876by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, are |
---|
7220 | 7220 | | 6877hereby repealed. |
---|
7221 | 7221 | | 6878 SECTION 317. Section 292 is hereby repealed. |
---|
7222 | 7222 | | 6879 SECTION 318. Section 297 is hereby repealed. |
---|
7223 | 7223 | | 6880 SECTION 319. Section 3M of chapter 23A of the General Laws, inserted by section 41, |
---|
7224 | 7224 | | 6881subsection (ff) of section 6 of chapter 62 of the General Laws, inserted by section 194, and |
---|
7225 | 7225 | | 6882section 38QQ of chapter 63 of the General Laws, inserted by section 212, shall take effect for |
---|
7226 | 7226 | | 6883taxable years beginning on or after January 1, 2025. |
---|
7227 | 7227 | | 6884 SECTION 320. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted |
---|
7228 | 7228 | | 6885by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, |
---|
7229 | 7229 | | 6886shall take effect for taxable years beginning on or after January 1 of the first year following a |
---|
7230 | 7230 | | 6887fiscal year which closes with a consolidated net surplus of at least $400,000,000 pursuant to |
---|
7231 | 7231 | | 6888section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after the |
---|
7232 | 7232 | | 6889comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of |
---|
7233 | 7233 | | 6890said chapter 29, the commissioner of revenue shall certify to the secretary of administration and CORRECTED |
---|
7234 | 7234 | | 318 of 319 |
---|
7235 | 7235 | | 6891finance whether said subsection (ii) of said section 6 of said chapter 62, inserted by said section |
---|
7236 | 7236 | | 6892194, and said section 38UU of said chapter 63, inserted by said section 212, shall take effect |
---|
7237 | 7237 | | 6893pursuant to this section; provided, however, that no such certification by the commissioner of |
---|
7238 | 7238 | | 6894revenue shall be required in any year after said subsection (ii) of said section 6 of said chapter |
---|
7239 | 7239 | | 689562, inserted by said section 194, and said section 38UU of said chapter 63, inserted by said |
---|
7240 | 7240 | | 6896section 212, take effect. |
---|
7241 | 7241 | | 6897 SECTION 321. Subsection (o) of section 243 of chapter 111 of the General Laws shall |
---|
7242 | 7242 | | 6898take effect on January 1, 2025. |
---|
7243 | 7243 | | 6899 SECTION 322. Section 315 shall take effect on January 1, 2030. |
---|
7244 | 7244 | | 6900 SECTION 323. Section 318 shall take effect on February 1, 2025. |
---|
7245 | 7245 | | 6901 SECTION 324. Section 316 shall take effect on January 1 of the sixth tax year following |
---|
7246 | 7246 | | 6902the effective date of subsection (ii) of section 6 of chapter 62 of the General Laws, inserted by |
---|
7247 | 7247 | | 6903section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, as |
---|
7248 | 7248 | | 6904determined pursuant to section 320. |
---|
7249 | 7249 | | 6905 SECTION 325. Sections 99, 189, 190; subsections (gg) and (hh) of section 6 of chapter |
---|
7250 | 7250 | | 690662 of the General Laws, inserted by section 194; sections 38RR, 38SS, and 38TT of chapter 63 |
---|
7251 | 7251 | | 6907of the General Laws, inserted by section 212 shall apply to tax years beginning on or after |
---|
7252 | 7252 | | 6908January 1, 2024. |
---|
7253 | 7253 | | 6909 SECTION 326. The exemption authorized in paragraph (zz) of section 6 of chapter 64H |
---|
7254 | 7254 | | 6910of the General Laws, inserted by section 214, shall be effective for costs incurred after the |
---|
7255 | 7255 | | 6911effective date of this act. CORRECTED |
---|
7256 | 7256 | | 319 of 319 |
---|
7257 | 7257 | | 6912 SECTION 327. Sections 120 and 148 shall take effect on January 1, 2035. |
---|
7258 | 7258 | | 6913 SECTION 328. Section 143 shall take effect 1 year after the effective date of this act. |
---|
7259 | 7259 | | 6914 SECTION 329. Sections 275 and 276 shall take effect upon the conveyance of the |
---|
7260 | 7260 | | 6915property at 182 Union street in the city of New Bedford to the commonwealth pursuant to section |
---|
7261 | 7261 | | 6916291. |
---|
7262 | 7262 | | 6917 SECTION 330. Section 317 shall take effect on January 1, 2026. |
---|
7263 | 7263 | | 6918 SECTION 331. Sections 3, 42, 46, 48 to 58, inclusive, 174 and 266 shall take effect 90 |
---|
7264 | 7264 | | 6919days after the effective date of this act. |
---|