Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2426 Compare Versions

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11 SENATE . . . . . . . . . . . . . . No. 2426
22 The Commonwealth of Massachusetts
33 _______________
44 In the One Hundred and Ninety-Third General Court
55 (2023-2024)
66 _______________
77 SENATE, July 24, 2023.
88 The committee on Senate Ways and Means to whom was referred the House Bill making
99 appropriations for the fiscal year 2023 to provide for supplementing certain existing
1010 appropriations and for certain other activities and projects (House, No. 3994), - reported, in part,
1111 a "Bill making appropriations for the fiscal year 2023 to provide for supplementing certain
1212 existing appropriations and for certain other activities and projects" (Senate, No. 2426) [Direct
1313 appropriation: $513,000,000]
1414 For the committee,
1515 Michael J. Rodrigues 1 of 19
1616 FILED ON: 7/24/2023
1717 SENATE . . . . . . . . . . . . . . No. 2426
1818 The Commonwealth of Massachusetts
1919 _______________
2020 In the One Hundred and Ninety-Third General Court
2121 (2023-2024)
2222 _______________
2323 An Act making appropriations for the fiscal year 2023 to provide for supplementing certain
2424 existing appropriations and for certain other activities and projects.
2525 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
2626 which are forthwith to make supplemental appropriations for fiscal year 2023 and to make
2727 certain changes in law, therefore it is hereby declared to be an emergency law, necessary for the
2828 immediate preservation of the public convenience.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. To provide for supplementing certain items in the general appropriation act
3232 2and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby
3333 3appropriated from the General Fund, unless specifically designated otherwise in this act or in
3434 4those appropriation acts, for the several purposes and subject to the conditions specified in this
3535 5act or in those appropriation acts and subject to the laws regulating the disbursement of public
3636 6funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts
3737 7previously appropriated and made available for the purposes of those items. Except as otherwise
3838 8provided, these sums shall be made available through the fiscal year ending June 30, 2024.
3939 9 SECTION 2.
4040 10 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 2 of 19
4141 11 Reserves
4242 12 1599-4448Collective Bargaining Agreements $26,233,522
4343 13 EXECUTIVE OFFICE OF EDUCATION
4444 14 Department of Early Education and Care
4545 15 3000-7040EEC Contingency Contract Retained Revenue $200,000
4646 16 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
4747 17 Department of Public Health
4848 18 4590-0915DPH Hospital Operations $10,710,901
4949 19 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
5050 20alteration of purpose for current appropriations and to meet certain requirements of law, the sums
5151 21set forth in this section are hereby appropriated from the General Fund or the Transitional
5252 22Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4
5353 23of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the
5454 24several purposes and subject to the conditions specified in this section, and subject to the laws
5555 25regulating the disbursement of public funds for the fiscal year ending June 30, 2023. Except as
5656 26otherwise stated, these sums shall be made available through the fiscal year ending June 30,
5757 272024.
5858 28 OFFICE OF THE COMPTROLLER
5959 29 Office of the Comptroller 3 of 19
6060 30 1595-4514For an operating transfer to the Commonwealth’s Pension Liability Fund,
6161 31established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws
6262 32 $100,000,000
6363 33 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
6464 34 Reserves
6565 35 1599-0012For a reserve to support reimbursements for extraordinary relief to school
6666 36districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012;
6767 37provided, that funds shall be made available for reimbursements in fiscal year 2024 to school
6868 38districts that experience increases to instructional costs reimbursable under said section 5A of
6969 39said chapter 71B and incurred such instructional costs during fiscal year 2024 that exceed 25 per
7070 40cent of such instructional costs incurred during fiscal year 2023; provided further, that funds
7171 41shall also be made available to reimburse districts in fiscal year 2024 for 100 per cent of any
7272 42such instructional cost increases exceeding 5 per cent where the total of such increase also
7373 43exceeds 0.5 per cent of total actual net school spending in fiscal year 2023; provided further, that
7474 44funds paid from this provision in fiscal year 2024 will not be reimbursable in fiscal year 2025;
7575 45and provided further, that the funds appropriated in this item shall not revert but shall be made
7676 46available through June 30, 2025 and may be transferred to item 7061-0012 and expended subject
7777 47to the conditions specified in said item in the general appropriations act for that year
7878 48 $75,000,000
7979 49 1599-1101For a reserve for the payroll of the department of transitional assistance’s
8080 50caseworkers and other necessary staff to serve applicants and clients of the supplemental
8181 51nutrition assistance, transitional aid to families with dependent children and emergency aid to the 4 of 19
8282 52elderly, disabled and children programs; provided, that funds may be transferred to items 4400-
8383 531000 and 4400-1100; and provided further, that the funds appropriated in this item shall be made
8484 54available through the year ending June 30, 2025 $60,300,000
8585 55 1599-2301For a reserve for costs associated with the settlement agreement in
8686 56Spencer Tatum et al. v. Commonwealth of Massachusetts, Suffolk Superior Court C.A. No.
8787 570984CV00576 $40,000,000
8888 58 1599-2302For a reserve to support mitigation costs associated with natural disasters
8989 59that occurred in 2023; provided, that these funds may be used for mitigation costs related to
9090 60farms impacted by such natural disasters; provided further, that funds in this item shall be
9191 61administered by the executive office for administration and finance and the department of
9292 62agricultural resources; provided further, that efforts shall be made to maximize available federal
9393 63reimbursement for the purposes of this item; and provided further, that efforts shall be made to
9494 64maximize opportunities for private contributions for the purposes of this item $20,000,000
9595 65 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
9696 66 Office of the Secretary
9797 67 2000-0120For obligations of the commonwealth to neighboring states incurred
9898 68pursuant to interstate compacts for flood control $506,140
9999 69 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
100100 70 Office of the Secretary
101101 71 4000-1111For the distribution of funds for fiscally strained hospitals; provided, that
102102 72up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment 5 of 19
103103 73described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available
104104 74on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-
105105 7579493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid,
106106 76and as may be further amended from time to time; provided further, that the executive office of
107107 77health and human services shall disburse funds according to said section 5.D.22 and the terms of
108108 78any payment agreement between the recipient hospital and the executive office; provided further,
109109 79that not less than $58,525,410 shall be distributed to non-profit or municipal acute care hospitals
110110 80licensed under section 51 of chapter 111 of the General Laws that are designated by the center
111111 81for health information and analysis as non-specialty hospitals, and that had a Medicaid payer mix
112112 82of not less than 24 per cent in fiscal year 2021 as calculated using data published by the center in
113113 83May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that the
114114 84executive office shall prioritize funds for hospitals demonstrating significant financial need
115115 85based on: (i) the current liquidity position of the hospital or its associated hospital health system;
116116 86(ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance
117117 87report published April 2023; and (iii) any other data the executive office deems relevant,
118118 88including the amount of previous state financial support provided to the hospital in response to
119119 89the 2019 novel coronavirus pandemic; provided further, that not less than $30,000,000 shall be
120120 90distributed by the executive office to acute care hospitals licensed under said section 51 of said
121121 91chapter 111 that demonstrate significant financial need based on criteria established by the
122122 92executive office; provided further, that, in creating its criteria, the executive office shall: (a)
123123 93consider relative price index; and (b) prioritize hospitals designated by the center as community-
124124 94high public payer hospitals that had a public payer mix of not less than 74 per cent in fiscal year
125125 952021 calculated using data published by the center in May 2023 in its HFY2021 Massachusetts 6 of 19
126126 96Hospital Profiles databook; provided further, that funds unexpended under the previous
127127 97provisions of this item shall not revert to the General Fund but shall be redistributed by the
128128 98executive office to acute care hospitals licensed under said section 51 of said chapter 111 that
129129 99demonstrate significant financial need based on the criteria established by the executive office
130130 100pursuant to the previous provision; and provided further, that a hospital shall only be eligible to
131131 101receive funds through 1 of the 3 preceding sets of payment distribution criteria under this item
132132 102 $180,000,000
133133 103 SECTION 2CI. For the purpose of making available in fiscal year 2024 balances of
134134 104appropriations which otherwise would revert on June 30, 2023, the unexpended balances of the
135135 105appropriations listed below, not to exceed the amount specified below for each item, are hereby
136136 106re-appropriated for the purposes of and subject to the conditions stated for the corresponding
137137 107item in section 2 of chapter 126 of the acts of 2022. For items which do not appear in section 2 of
138138 108the general appropriation act, the amounts in this section are re-appropriated for the purposes of
139139 109and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in
140140 110prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds
141141 111designated for the corresponding item in said section 2 of said chapter 126; provided, however,
142142 112that for items which do not appear in said section 2 of said chapter 126, the amounts in this
143143 113section are re-appropriated from the fund or funds designated for the corresponding item in
144144 114sections 2 to 2E, inclusive, of this act or in prior appropriation acts. The sums reappropriated in
145145 115this section shall be in addition to any amounts available for said purposes.
146146 116 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
147147 117 Reserves 7 of 19
148148 118 1599-0793COVID Response Reserve $26,497,171
149149 119 1599-9817HCBS Reserve $152,454,518
150150 120 SECTION 3. Subsection (d) of section 20 of chapter 25A of the General Laws, as
151151 121appearing in the 2022 Official Edition, is hereby amended by striking out the word “(b)” and
152152 122inserting in place thereof the following word:- (c).
153153 123 SECTION 4. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
154154 124hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
155155 125chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
156156 126July 31, 2024.
157157 127 SECTION 5. The last paragraph of said section 12A of said chapter 494 is hereby
158158 128amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128, and
159159 129inserting in place thereof the following words:- July 31, 2024.
160160 130 SECTION 6. The introductory paragraph of section 13 of said chapter 494 is hereby
161161 131amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said
162162 132chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
163163 133 SECTION 7. Section 15 of said chapter 494 is hereby amended by striking out the words
164164 134“and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place thereof
165165 135the following words:- and until July 31, 2024.
166166 136 SECTION 8. The first paragraph of section 9 of chapter 277 of the acts of 1986 is hereby
167167 137amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said
168168 138chapter 128, and inserting in place thereof the following words:- and until July 31, 2024. 8 of 19
169169 139 SECTION 9. The first sentence of the first paragraph of section 3 of chapter 114 of the
170170 140acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by
171171 141section 6 of said chapter 128, and inserting in place thereof the following words:- and until July
172172 14231, 2024.
173173 143 SECTION 10. The last paragraph of said section 3 of said chapter 114 is hereby amended
174174 144by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and inserting
175175 145in place thereof the following words:- July 31, 2024.
176176 146 SECTION 11. The first paragraph of section 4 of said chapter 114 is hereby amended by
177177 147striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and
178178 148inserting in place thereof the following words:- and until July 31, 2024.
179179 149 SECTION 12. The last paragraph of said section 4 of said chapter 114 is hereby amended
180180 150by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and inserting
181181 151in place thereof the following words:- July 31, 2024.
182182 152 SECTION 13. The first paragraph of section 5 of said chapter 114 is hereby amended by
183183 153striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128, and
184184 154inserting in place thereof the following words:- and until July 31, 2024.
185185 155 SECTION 14. Section 45 of chapter 139 of the acts of 2001 is hereby amended by
186186 156striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting
187187 157in place thereof the following words:- July 31, 2024. 9 of 19
188188 158 SECTION 15. Section 20 of chapter 449 of the acts of 2006 is hereby amended by
189189 159striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting
190190 160in place thereof the following words:- July 31, 2024.
191191 161 SECTION 16. Section 92 of chapter 194 of the acts of 2011 is hereby amended by
192192 162striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting
193193 163in place thereof the following words:- July 31, 2024.
194194 164 SECTION 17. Section 112 of said chapter 194 is hereby amended by striking out the
195195 165words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof
196196 166the following words:- July 31, 2024.
197197 167 SECTION 18. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking
198198 168out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting in place
199199 169thereof the following words:- July 31, 2024.
200200 170 SECTION 19. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021 is hereby
201201 171amended by striking out the words “June 30, 2023”, as inserted by section 45 of chapter 2 of the
202202 172acts of 2023, and inserting in place thereof the following words:- June 30, 2027.
203203 173 SECTION 20. Item 3000-7040 of section 2 of chapter 126 of the acts of 2022 is hereby
204204 174amended by striking out the figure “$320,000”, each time it appears, and inserting in place
205205 175thereof, in each instance, the following figure:- $520,000.
206206 176 SECTION 21. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby
207207 177repealed. 10 of 19
208208 178 SECTION 22. Section 68 of chapter 179 of the acts of 2022 is hereby amended by
209209 179striking out the words “July 31, 2023” and inserting in place thereof the following words:-
210210 180January 31, 2024.
211211 181 SECTION 23. Subsection (d) of section 81 of said chapter 179 is hereby amended by
212212 182striking out the figure “12” and inserting in place thereof the following figure:- 24.
213213 183 SECTION 24. Subsection (a) of section 89 of said chapter 179 is hereby amended by
214214 184striking out the words “180 days after the effective date of this act” and inserting in place thereof
215215 185the following words:- July 1, 2024.
216216 186 SECTION 25. The salary adjustments and other economic benefits authorized by the
217217 187following collective bargaining agreements shall be effective for the purposes of section 7 of
218218 188chapter 150E of the General Laws:
219219 189 (1) the agreement between the commonwealth of Massachusetts and the State Police
220220 190Association of Massachusetts, Units 5A and C22;
221221 191 (2) the agreement between the commonwealth of Massachusetts, the Alliance American
222222 192Federation of State, County and Municipal Employees and the Service Employees International
223223 193Union, Local 888, Unit 2;
224224 194 (3) the agreement between the commonwealth of Massachusetts and the Service
225225 195Employees International Union, Local 509, Units 8 and 10;
226226 196 (4) the agreement between the commonwealth of Massachusetts and the Massachusetts
227227 197Organization of State Engineers and Scientists, Unit 9; 11 of 19
228228 198 (5) the agreement between the commonwealth of Massachusetts and the National
229229 199Association of Government Employees, Units 1, 3 and 6;
230230 200 (6) the agreement between the sheriff of Berkshire county and the Berkshire County
231231 201Sheriff's Office Employees Association, Unit SB3;
232232 202 (7) the agreement between the sheriff of Berkshire county and the International
233233 203Brotherhood of Correctional Officers Local R1-297, Unit SB1;
234234 204 (8) the agreement between the sheriff of Berkshire county and the Berkshire International
235235 205Union of Electrical Workers – Communication Workers of America, Unit SB2;
236236 206 (9) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s
237237 207Office Non-Uniform Correctional Association, Unit SH7;
238238 208 (10) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff's
239239 209Office Treatment Association, Unit SH6;
240240 210 (11) the agreement between the sheriff of Plymouth county and the Plymouth Superiors
241241 211National Correctional Employees Union, Local 104, Unit SP1;
242242 212 (12) the agreement between the Massachusetts State Lottery Commission and the Service
243243 213Employees International Union, Local 888, Unit LT1;
244244 214 (13) the agreement between the University of Massachusetts and the Massachusetts
245245 215Society of Professors, MTA/NEA, Amherst Campus, Unit A50;
246246 216 (14) the agreement between the University of Massachusetts and the Boston Public
247247 217Safety Officers New England Police Benevolent Association L90, Unit B33; 12 of 19
248248 218 (15) the agreement between the University of Massachusetts and the International
249249 219Brotherhood of Teamsters, L25, Public Safety Lieutenants, Unit B3L;
250250 220 (16) the agreement between the University of Massachusetts and the International
251251 221Brotherhood of Teamsters, L25, Officers, Unit B3S;
252252 222 (19) the agreement between the University of Massachusetts and the Head Coaches
253253 223Professional Staff Union, MTA/NEA, Units C and B45;
254254 224 (20) the agreement between the University of Massachusetts and the Boston Department
255255 225Chairs Union, MTA/NEA, Unit B50;
256256 226 (21) the agreement between the University of Massachusetts and the Non-Faculty -
257257 227Maintenance & Trades MTA, Lowell Campus, Unit L93;
258258 228 (22) the agreement between the University of Massachusetts and the Non-Faculty - Police
259259 229Officers Teamsters L25, Lowell Campus, Unit L94;
260260 230 (23) the agreement between the Essex North and South registry of deeds and the
261261 231American Federation of State, County and Municipal Employees, Local 653, Unit SC3;
262262 232 (24) the agreement between the sheriff of Suffolk county and the National Association of
263263 233Government Employees, Local 298, Unit SS2;
264264 234 (25) the agreement between the sheriff of Suffolk county and the American Federation of
265265 235State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3;
266266 236 (26) the agreement between the sheriff of Suffolk county and the American Federation of
267267 237State, County and Municipal Employees/AFL-CIO, Council 93, Local 3643, Unit SS5; 13 of 19
268268 238 (27) the agreement between the sheriff of Franklin county and the National Correctional
269269 239Employees Union, Local 106, Unit SF1;
270270 240 (28) the agreement between the sheriff of Franklin county and the Franklin Sheriff’s
271271 241Office Non-Unit Employer’s Association, Unit SF3;
272272 242 (29) the agreement between the sheriff of Worcester county and the New England Police
273273 243Benevolent Association, Local 275, Unit SW2;
274274 244 (30) the agreement between the sheriff of Worcester county and the New England Police
275275 245Benevolent Association, Local 515, Unit SW5;
276276 246 (31) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s
277277 247Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH3;
278278 248 (32) the agreement between the sheriff of Worcester county and the National Association
279279 249of Government Employees, Local R1-255, Unit SW4;
280280 250 (33) the agreement between the Massachusetts board of higher education and the
281281 251Massachusetts Community College Council;
282282 252 (34) the agreement between the trial court of the commonwealth and the National
283283 253Association of Government Employees/Service Employees International Union, Local 5000,
284284 254Units J2C and J2P;
285285 255 (35) the agreement between the trial court of the commonwealth and the Office and
286286 256Professional Employees International Union, Local 6, Units J6C and J6P; 14 of 19
287287 257 (36) the agreement between the University of Massachusetts and the International
288288 258Brotherhood of Police Officers, Local 432, Amherst Campus, Unit A06;
289289 259 (37) the agreement between the University of Massachusetts and the Massachusetts
290290 260Teachers Association/NEA Classified, Boston Campus, Units B31 and B32;
291291 261 (38) the agreement between the University of Massachusetts and the Faculty Staff Union,
292292 262Boston Campus, Unit B40;
293293 263 (39) the agreement between the University of Massachusetts and the American
294294 264Federation of Teachers, Local 6350, Dartmouth Campus, Unit D82;
295295 265 (40) the agreement between the University of Massachusetts and the American
296296 266Federation of State, County and Municipal Employees, Local 507, Dartmouth Campus, Unit
297297 267D83;
298298 268 (41) the agreement between the University of Massachusetts and the International
299299 269Brotherhood of Police Officers, Local 399, Dartmouth Campus, Unit D84;
300300 270 (42) the agreement between the University of Massachusetts and the Massachusetts
301301 271Society of Professors, Lowell Campus, Unit L90;
302302 272 (43) the agreement between the University of Massachusetts and the Service Employees
303303 273International Union, Local 888, Lowell Campus, Unit L95;
304304 274 (44) the agreement between the sheriff of Hampden county and the Non-Uniform
305305 275Correctional Association, Unit SH2; 15 of 19
306306 276 (45) the agreement between the sheriff of Hampden county and the Superior Correctional
307307 277Officer Association, Unit SH3;
308308 278 (46) the agreement between the sheriff of Norfolk county and the National Association of
309309 279Government Employees, Local 202, Unit SN1;
310310 280 (47) the agreement between the University of Massachusetts and the New England Police
311311 281Benevolent Association, Local 190, Amherst Campus, Unit A07;
312312 282 (48) the agreement between the University of Massachusetts and the American
313313 283Federation of Teachers, AFL-CIO Faculty Federation, Local 1895 Dartmouth Campus, Units
314314 284D80 and D81;
315315 285 (49) the agreement between the University of Massachusetts and the Classified and
316316 286Technical Union, Lowell Campus, Unit L92;
317317 287 (50) the agreement between the sheriff of Essex county and National Correctional
318318 288Employees Union, Local 121, Unit SE7;
319319 289 (51) the agreement between the sheriff of Middlesex county and the New England Police
320320 290Benevolent Association, Local 500, Unit SM5;
321321 291 (52) the agreement between the Middlesex South registry of deeds and Office and
322322 292Professional Employees International Union, Local 6;
323323 293 (53) the agreement between the Worcester South registry of deeds and Office and
324324 294Professional Employees International Union, Local 6; 16 of 19
325325 295 (54) the agreement between the Hampden registry of deeds and Office and Professional
326326 296Employees International Union, Local 6;
327327 297 (55) the agreement between the Middlesex North registry of deeds and Office and
328328 298Professional Employees International Union, Local 6;
329329 299 (56) the agreement between the Berkshire Middle, North and South registry of deeds and
330330 300the Service Employees International Union, Local 888;
331331 301 (57) the agreement between the commonwealth and the National Association of
332332 302Government Employees, Local R1-292, Units A and D01;
333333 303 (58) the agreement between the commonwealth and the coalition of MassDOT Unions,
334334 304Units D and D06; and
335335 305 (59) the agreement between the sheriff of Plymouth county and Association of County
336336 306Employees, Unit SP4.
337337 307 SECTION 26. Notwithstanding section 2 of chapter 128A of the General Laws, sections
338338 3081, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said chapter 128C or any
339339 309other general or special law to the contrary, the running race horse meeting licensee located in
340340 310Suffolk county licensed to conduct live racing pursuant to said chapter 128A and simulcast
341341 311wagering pursuant to said chapter 128C in calendar year 2023 shall remain licensed as a running
342342 312horse racing meeting licensee and shall remain authorized to conduct simulcast wagering
343343 313pursuant to said chapter 128C until July 31, 2024; provided, however, that the days between
344344 314January 1, 2023 and December 31, 2024 shall be dark days pursuant to said chapter 128C and the
345345 315licensee shall be precluded from conducting live racing during that period unless it applies for 17 of 19
346346 316and is granted a supplemental live racing license pursuant to said chapter 128A; provided further,
347347 317that the licensee shall not simulcast or accept a wager on greyhound dog racing on or after
348348 318August 10, 2023 pursuant to section 9 of chapter 128C of the General Laws; provided further,
349349 319that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et
350350 320seq. or other applicable federal law; provided further, that all simulcasts from states which have
351351 321racing associations that do not require approval in compliance with the Interstate Horse Racing
352352 322Act of 1978, 15 U.S.C. 3004(a)(1)(A) shall require the approval of the New England Horsemen’s
353353 323Benevolent & Protective Association prior to being simulcast to a racing meeting licensee within
354354 324the commonwealth; and provided further, that if the association agrees to approve the simulcast
355355 325for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing
356356 326meeting licensees.
357357 327 SECTION 27. Notwithstanding any general or special law to the contrary, the department
358358 328of public utilities may allow recovery by the electric distribution companies of transmission
359359 329service agreement expenditures and payments associated with clean energy generation power
360360 330purchase agreements previously approved by the department following a competitive solicitation
361361 331and procurement conducted under section 83D of chapter 169 of the acts of 2008 in connection
362362 332with a change in law in the state of Maine, subsequently causing suspension of development
363363 333construction; provided, however, that if the department elects to allow such recovery, it shall
364364 334allow recovery for such expenditures and payments that the department determines to be
365365 335associated with the subsequent construction delay.
366366 336 SECTION 28. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
367367 337General Laws or any other general or special law to the contrary, the commissioner of capital
368368 338asset management and maintenance, in consultation with the court administrator of the trial 18 of 19
369369 339court, may convey certain adjacent parcels of land in the city of Framingham acquired for the
370370 340construction of a building for the first district court of southern Middlesex for nominal
371371 341consideration to the city of Framingham; provided, however, that the commissioner shall not
372372 342convey the parcels prior to: (i) the completion of a regional justice center at 121 Union avenue in
373373 343the city of Framingham; and (ii) a determination by the commissioner, in consultation with the
374374 344court administrator of the trial court, that the parcels are surplus to the needs of the trial court.
375375 345The parcels are located at 600 and 602 Concord street in the city of Framingham and are
376376 346described in deeds recorded in the Middlesex southern district registry of deeds in book 7816,
377377 347page 107 and book 9859, page 328. The parcels shall be conveyed by deed without warranties or
378378 348representations by the commonwealth and without restrictions on use or future conveyance by
379379 349the city; provided, however, that the conveyance may be subject to such additional conditions
380380 350and restrictions as the commissioner of capital asset management and maintenance, in
381381 351consultation with the court administrator of the trial court, may determine. The commissioner
382382 352may, in consultation with the court administrator of the trial court, determine the exact
383383 353boundaries of the parcels prior to conveyance.
384384 354 (b) Notwithstanding any general or special law to the contrary, if the city of Framingham
385385 355elects to purchase the parcels pursuant to subsection (a), the city shall be responsible for all costs
386386 356and expenses of any transactions authorized in this section as determined by the commissioner of
387387 357capital asset management and maintenance including, but not limited to, the costs of any
388388 358engineering, surveys, appraisals, title examinations, recording fees and deed preparation.
389389 359 SECTION 29. Notwithstanding any general or special law to the contrary, items funded
390390 360in this act, including appropriations in section 2A, shall be supported through the General Fund
391391 361and the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, at 19 of 19
392392 362the discretion of the secretary of administration and finance. Not later than September 30, 2023,
393393 363the secretary shall, submit a report to the senate and house committees on ways and means
394394 364detailing the source of revenue matched or expected to be matched to each item in this act.
395395 365 SECTION 30. Notwithstanding section 23 of chapter 59 of the General Laws, section 31
396396 366of chapter 44 of the General Laws or any other general or special law to the contrary, a city or
397397 367town may amortize over fiscal years 2025 to 2027, inclusive, in equal installments or more
398398 368rapidly, the amount of its 2024 major disaster related deficit. The local appropriating authority,
399399 369as defined in section 21C of said chapter 59, shall adopt a deficit amortization schedule in
400400 370accordance with this section before setting the municipality’s fiscal year 2025 tax rate. The
401401 371commissioner of revenue may issue guidelines or instructions for reporting the amortization of
402402 372deficits authorized by this section.