Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2428 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 19
22 FILED ON: 7/26/2023
33 SENATE . . . . . . . . . . . . . . No. 2428
44 The Commonwealth of Massachusetts
55 _______________
66 In the One Hundred and Ninety-Third General Court
77 (2023-2024)
88 _______________
99 An Act making appropriations for the fiscal year 2023 to provide for supplementing certain
1010 existing appropriations and for certain other activities and projects.
1111 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
1212 which are forthwith to make supplemental appropriations for fiscal year 2023 and to make
1313 certain changes in law, therefore it is hereby declared to be an emergency law, necessary for the
1414 immediate preservation of the public convenience.
1515 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
1616 of the same, as follows:
1717 1 SECTION 1. To provide for supplementing certain items in the general appropriation act
1818 2and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby
1919 3appropriated from the General Fund, unless specifically designated otherwise in this act or in
2020 4those appropriation acts, for the several purposes and subject to the conditions specified in this
2121 5act or in those appropriation acts and subject to the laws regulating the disbursement of public
2222 6funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts
2323 7previously appropriated and made available for the purposes of those items. Except as otherwise
2424 8provided, these sums shall be made available through the fiscal year ending June 30, 2024.
2525 9 SECTION 2.
2626 10 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 2 of 19
2727 11 Reserves
2828 12 1599-4448Collective Bargaining Agreements $26,233,522
2929 13 EXECUTIVE OFFICE OF EDUCATION
3030 14 Department of Early Education and Care
3131 15 3000-7040EEC Contingency Contract Retained Revenue $200,000
3232 16 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
3333 17 Department of Public Health
3434 18 4590-0915DPH Hospital Operations $10,710,901
3535 19 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
3636 20alteration of purpose for current appropriations and to meet certain requirements of law, the sums
3737 21set forth in this section are hereby appropriated from the General Fund or the Transitional
3838 22Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4
3939 23of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the
4040 24several purposes and subject to the conditions specified in this section, and subject to the laws
4141 25regulating the disbursement of public funds for the fiscal year ending June 30, 2023. Except as
4242 26otherwise stated, these sums shall be made available through the fiscal year ending June 30,
4343 272024.
4444 28 OFFICE OF THE COMPTROLLER
4545 29 Office of the Comptroller 3 of 19
4646 30 1595-4514For an operating transfer to the Commonwealth’s Pension Liability Fund,
4747 31established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws
4848 32 $100,000,000
4949 33 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
5050 34 Reserves
5151 35 1599-0012For a reserve to support reimbursements for extraordinary relief to school
5252 36districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012;
5353 37provided, that funds shall be made available for reimbursements in fiscal year 2024 to school
5454 38districts that experience increases to instructional costs reimbursable under said section 5A of
5555 39said chapter 71B and incurred such instructional costs during fiscal year 2024 that exceed 25 per
5656 40cent of such instructional costs incurred during fiscal year 2023; provided further, that funds
5757 41shall also be made available to reimburse districts in fiscal year 2024 for 100 per cent of any
5858 42such instructional cost increases exceeding 5 per cent where the total of such increase also
5959 43exceeds 0.5 per cent of total actual net school spending in fiscal year 2023; and such funds paid
6060 44from this provision in fiscal year 2024 shall not be reimbursable in fiscal year 2025; and
6161 45provided further, that the funds appropriated in this item shall not revert but shall be made
6262 46available through June 30, 2025 and may be transferred to item 7061-0012 and expended subject
6363 47to the conditions specified in said item in the general appropriations act for that year
6464 48 $75,000,000
6565 49 1599-1101For a reserve for the payroll of the department of transitional assistance’s
6666 50caseworkers and other necessary staff to serve applicants and clients of the supplemental
6767 51nutrition assistance, transitional aid to families with dependent children and emergency aid to the 4 of 19
6868 52elderly, disabled and children programs; provided, that funds may be transferred to items 4400-
6969 531000 and 4400-1100; and provided further, that the funds appropriated in this item shall be made
7070 54available through the year ending June 30, 2025 $60,300,000
7171 55 1599-2301For a reserve for costs associated with the settlement agreement in
7272 56Spencer Tatum et al. v. Commonwealth of Massachusetts, Suffolk Superior Court C.A. No.
7373 570984CV00576 $40,000,000
7474 58 1599-2302For a reserve to support mitigation costs associated with natural disasters
7575 59that occurred in 2023; provided, that these funds may be used for mitigation costs related to
7676 60farms impacted by such natural disasters; provided further, that funds in this item shall be
7777 61administered by the executive office for administration and finance and the department of
7878 62agricultural resources; provided further, that efforts shall be made to maximize available federal
7979 63reimbursement for the purposes of this item; and provided further, that efforts shall be made to
8080 64maximize opportunities for private contributions for the purposes of this item $20,000,000
8181 65 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
8282 66 Office of the Secretary
8383 67 2000-0120For obligations of the commonwealth to neighboring states incurred
8484 68pursuant to interstate compacts for flood control $506,140
8585 69 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
8686 70 Office of the Secretary
8787 71 4000-1111For the distribution of funds for fiscally strained hospitals; provided, that
8888 72up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment 5 of 19
8989 73described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available
9090 74on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-
9191 7579493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid,
9292 76and as may be further amended from time to time; provided further, that the executive office of
9393 77health and human services shall disburse funds according to said section 5.D.22 and the terms of
9494 78any payment agreement between the recipient hospital and the executive office; provided further,
9595 79that not less than $58,525,410 shall be distributed to non-profit or municipal acute care hospitals
9696 80licensed under section 51 of chapter 111 of the General Laws that are designated by the center
9797 81for health information and analysis as non-specialty hospitals, and that had a Medicaid payer mix
9898 82of not less than 24 per cent in fiscal year 2021 as calculated using data published by the center in
9999 83May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that the
100100 84executive office shall prioritize funds for hospitals demonstrating significant financial need
101101 85based on: (i) the current liquidity position of the hospital or its associated hospital health system;
102102 86(ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance
103103 87report published April 2023; and (iii) any other data the executive office deems relevant,
104104 88including the amount of previous state financial support provided to the hospital in response to
105105 89the 2019 novel coronavirus pandemic; provided further, that not less than $30,000,000 shall be
106106 90distributed by the executive office to acute care hospitals licensed under said section 51 of said
107107 91chapter 111 that demonstrate significant financial need based on criteria established by the
108108 92executive office; provided further, that, in creating its criteria, the executive office shall: (a)
109109 93consider relative price index; and (b) prioritize hospitals designated by the center as community-
110110 94high public payer hospitals that had a public payer mix of not less than 74 per cent in fiscal year
111111 952021 calculated using data published by the center in May 2023 in its HFY2021 Massachusetts 6 of 19
112112 96Hospital Profiles databook; provided further, that funds unexpended under the previous
113113 97provisions of this item shall not revert to the General Fund but shall be redistributed by the
114114 98executive office to acute care hospitals licensed under said section 51 of said chapter 111 that
115115 99demonstrate significant financial need based on the criteria established by the executive office
116116 100pursuant to the previous provision; and provided further, that a hospital shall only be eligible to
117117 101receive funds through 1 of the 3 preceding sets of payment distribution criteria under this item
118118 102 $180,000,000
119119 103 SECTION 2CI. For the purpose of making available in fiscal year 2024 balances of
120120 104appropriations which otherwise would revert on June 30, 2023, the unexpended balances of the
121121 105appropriations listed below, not to exceed the amount specified below for each item, are hereby
122122 106re-appropriated for the purposes of and subject to the conditions stated for the corresponding
123123 107item in section 2 of chapter 126 of the acts of 2022. For items which do not appear in section 2 of
124124 108the general appropriation act, the amounts in this section are re-appropriated for the purposes of
125125 109and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in
126126 110prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds
127127 111designated for the corresponding item in said section 2 of said chapter 126; provided, however,
128128 112that for items which do not appear in said section 2 of said chapter 126, the amounts in this
129129 113section are re-appropriated from the fund or funds designated for the corresponding item in
130130 114sections 2 to 2E, inclusive, of this act or in prior appropriation acts. The sums reappropriated in
131131 115this section shall be in addition to any amounts available for said purposes.
132132 116 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
133133 117 Reserves 7 of 19
134134 118 1599-0793COVID Response Reserve $26,497,171
135135 119 1599-9817HCBS Reserve $152,454,518
136136 120 SECTION 3. Subsection (d) of section 20 of chapter 25A of the General Laws, as
137137 121appearing in the 2022 Official Edition, is hereby amended by striking out the word “(b)” and
138138 122inserting in place thereof the following word:- (c).
139139 123 SECTION 4. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
140140 124hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
141141 125chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
142142 126July 31, 2024.
143143 127 SECTION 5. The last paragraph of said section 12A of said chapter 494 is hereby
144144 128amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128, and
145145 129inserting in place thereof the following words:- July 31, 2024.
146146 130 SECTION 6. The introductory paragraph of section 13 of said chapter 494 is hereby
147147 131amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said
148148 132chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
149149 133 SECTION 7. Section 15 of said chapter 494 is hereby amended by striking out the words
150150 134“and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place thereof
151151 135the following words:- and until July 31, 2024.
152152 136 SECTION 8. The first paragraph of section 9 of chapter 277 of the acts of 1986 is hereby
153153 137amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said
154154 138chapter 128, and inserting in place thereof the following words:- and until July 31, 2024. 8 of 19
155155 139 SECTION 9. The first sentence of the first paragraph of section 3 of chapter 114 of the
156156 140acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by
157157 141section 6 of said chapter 128, and inserting in place thereof the following words:- and until July
158158 14231, 2024.
159159 143 SECTION 10. The last paragraph of said section 3 of said chapter 114 is hereby amended
160160 144by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and inserting
161161 145in place thereof the following words:- July 31, 2024.
162162 146 SECTION 11. The first paragraph of section 4 of said chapter 114 is hereby amended by
163163 147striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and
164164 148inserting in place thereof the following words:- and until July 31, 2024.
165165 149 SECTION 12. The last paragraph of said section 4 of said chapter 114 is hereby amended
166166 150by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and inserting
167167 151in place thereof the following words:- July 31, 2024.
168168 152 SECTION 13. The first paragraph of section 5 of said chapter 114 is hereby amended by
169169 153striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128, and
170170 154inserting in place thereof the following words:- and until July 31, 2024.
171171 155 SECTION 14. Section 45 of chapter 139 of the acts of 2001 is hereby amended by
172172 156striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting
173173 157in place thereof the following words:- July 31, 2024. 9 of 19
174174 158 SECTION 15. Section 20 of chapter 449 of the acts of 2006 is hereby amended by
175175 159striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting
176176 160in place thereof the following words:- July 31, 2024.
177177 161 SECTION 16. Section 92 of chapter 194 of the acts of 2011 is hereby amended by
178178 162striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting
179179 163in place thereof the following words:- July 31, 2024.
180180 164 SECTION 17. Section 112 of said chapter 194 is hereby amended by striking out the
181181 165words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof
182182 166the following words:- July 31, 2024.
183183 167 SECTION 18. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking
184184 168out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting in place
185185 169thereof the following words:- July 31, 2024.
186186 170 SECTION 19. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021 is hereby
187187 171amended by striking out the words “June 30, 2023”, as inserted by section 45 of chapter 2 of the
188188 172acts of 2023, and inserting in place thereof the following words:- June 30, 2027; provided
189189 173further, that funds made available in section 2 of chapter 268 of the acts of 2022 for the purpose
190190 174of this item shall be made available until June 30, 2027; and provided further, that the office of
191191 175the state auditor, the office of the attorney general, the office of the inspector general, the office
192192 176of the comptroller and any entity drawing funds from this line item shall submit quarterly reports
193193 177on expenditures, activities and findings to the house and senate committees on ways and means
194194 178and the clerks of the senate and house of representatives who shall post the reports on the
195195 179website of the general court. 10 of 19
196196 180 SECTION 20. Item 3000-7040 of section 2 of chapter 126 of the acts of 2022 is hereby
197197 181amended by striking out the figure “$320,000”, each time it appears, and inserting in place
198198 182thereof, in each instance, the following figure:- $520,000.
199199 183 SECTION 21. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby
200200 184repealed.
201201 185 SECTION 22. Section 68 of chapter 179 of the acts of 2022 is hereby amended by
202202 186striking out the words “July 31, 2023” and inserting in place thereof the following words:-
203203 187January 31, 2024.
204204 188
205205 189
206206 190 SECTION 25. The salary adjustments and other economic benefits authorized by the
207207 191following collective bargaining agreements shall be effective for the purposes of section 7 of
208208 192chapter 150E of the General Laws:
209209 193 (1) the agreement between the commonwealth of Massachusetts and the State Police
210210 194Association of Massachusetts, Units 5A and C22;
211211 195 (2) the agreement between the commonwealth of Massachusetts, the Alliance American
212212 196Federation of State, County and Municipal Employees and the Service Employees International
213213 197Union, Local 888, Unit 2;
214214 198 (3) the agreement between the commonwealth of Massachusetts and the Service
215215 199Employees International Union, Local 509, Units 8 and 10; 11 of 19
216216 200 (4) the agreement between the commonwealth of Massachusetts and the Massachusetts
217217 201Organization of State Engineers and Scientists, Unit 9;
218218 202 (5) the agreement between the commonwealth of Massachusetts and the National
219219 203Association of Government Employees, Units 1, 3 and 6;
220220 204 (6) the agreement between the sheriff of Berkshire county and the Berkshire County
221221 205Sheriff's Office Employees Association, Unit SB3;
222222 206 (7) the agreement between the sheriff of Berkshire county and the International
223223 207Brotherhood of Correctional Officers Local R1-297, Unit SB1;
224224 208 (8) the agreement between the sheriff of Berkshire county and the Berkshire International
225225 209Union of Electrical Workers – Communication Workers of America, Unit SB2;
226226 210 (9) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s
227227 211Office Non-Uniform Correctional Association, Unit SH7;
228228 212 (10) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff's
229229 213Office Treatment Association, Unit SH6;
230230 214 (11) the agreement between the sheriff of Plymouth county and the Plymouth Superiors
231231 215National Correctional Employees Union, Local 104, Unit SP1;
232232 216 (12) the agreement between the Massachusetts State Lottery Commission and the Service
233233 217Employees International Union, Local 888, Unit LT1;
234234 218 (13) the agreement between the University of Massachusetts and the Massachusetts
235235 219Society of Professors, MTA/NEA, Amherst Campus, Unit A50; 12 of 19
236236 220 (14) the agreement between the University of Massachusetts and the Boston Public
237237 221Safety Officers New England Police Benevolent Association L90, Unit B33;
238238 222 (15) the agreement between the University of Massachusetts and the International
239239 223Brotherhood of Teamsters, L25, Public Safety Lieutenants, Unit B3L;
240240 224 (16) the agreement between the University of Massachusetts and the International
241241 225Brotherhood of Teamsters, L25, Officers, Unit B3S;
242242 226 (19) the agreement between the University of Massachusetts and the Head Coaches
243243 227Professional Staff Union, MTA/NEA, Units C and B45;
244244 228 (20) the agreement between the University of Massachusetts and the Boston Department
245245 229Chairs Union, MTA/NEA, Unit B50;
246246 230 (21) the agreement between the University of Massachusetts and the Non-Faculty -
247247 231Maintenance & Trades MTA, Lowell Campus, Unit L93;
248248 232 (22) the agreement between the University of Massachusetts and the Non-Faculty - Police
249249 233Officers Teamsters L25, Lowell Campus, Unit L94;
250250 234 (23) the agreement between the Essex North and South registry of deeds and the
251251 235American Federation of State, County and Municipal Employees, Local 653, Unit SC3;
252252 236 (24) the agreement between the sheriff of Suffolk county and the National Association of
253253 237Government Employees, Local 298, Unit SS2;
254254 238 (25) the agreement between the sheriff of Suffolk county and the American Federation of
255255 239State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3; 13 of 19
256256 240 (26) the agreement between the sheriff of Suffolk county and the American Federation of
257257 241State, County and Municipal Employees/AFL-CIO, Council 93, Local 3643, Unit SS5;
258258 242 (27) the agreement between the sheriff of Franklin county and the National Correctional
259259 243Employees Union, Local 106, Unit SF1;
260260 244 (28) the agreement between the sheriff of Franklin county and the Franklin Sheriff’s
261261 245Office Non-Unit Employer’s Association, Unit SF3;
262262 246 (29) the agreement between the sheriff of Worcester county and the New England Police
263263 247Benevolent Association, Local 275, Unit SW2;
264264 248 (30) the agreement between the sheriff of Worcester county and the New England Police
265265 249Benevolent Association, Local 515, Unit SW5;
266266 250 (31) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s
267267 251Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH3;
268268 252 (32) the agreement between the sheriff of Worcester county and the National Association
269269 253of Government Employees, Local R1-255, Unit SW4;
270270 254 (33) the agreement between the Massachusetts board of higher education and the
271271 255Massachusetts Community College Council;
272272 256 (34) the agreement between the trial court of the commonwealth and the National
273273 257Association of Government Employees/Service Employees International Union, Local 5000,
274274 258Units J2C and J2P; 14 of 19
275275 259 (35) the agreement between the trial court of the commonwealth and the Office and
276276 260Professional Employees International Union, Local 6, Units J6C and J6P;
277277 261 (36) the agreement between the University of Massachusetts and the International
278278 262Brotherhood of Police Officers, Local 432, Amherst Campus, Unit A06;
279279 263 (37) the agreement between the University of Massachusetts and the Massachusetts
280280 264Teachers Association/NEA Classified, Boston Campus, Units B31 and B32;
281281 265 (38) the agreement between the University of Massachusetts and the Faculty Staff Union,
282282 266Boston Campus, Unit B40;
283283 267 (39) the agreement between the University of Massachusetts and the American
284284 268Federation of Teachers, Local 6350, Dartmouth Campus, Unit D82;
285285 269 (40) the agreement between the University of Massachusetts and the American
286286 270Federation of State, County and Municipal Employees, Local 507, Dartmouth Campus, Unit
287287 271D83;
288288 272 (41) the agreement between the University of Massachusetts and the International
289289 273Brotherhood of Police Officers, Local 399, Dartmouth Campus, Unit D84;
290290 274 (42) the agreement between the University of Massachusetts and the Massachusetts
291291 275Society of Professors, Lowell Campus, Unit L90;
292292 276 (43) the agreement between the University of Massachusetts and the Service Employees
293293 277International Union, Local 888, Lowell Campus, Unit L95; 15 of 19
294294 278 (44) the agreement between the sheriff of Hampden county and the Non-Uniform
295295 279Correctional Association, Unit SH2;
296296 280 (45) the agreement between the sheriff of Hampden county and the Superior Correctional
297297 281Officer Association, Unit SH3;
298298 282 (46) the agreement between the sheriff of Norfolk county and the National Association of
299299 283Government Employees, Local 202, Unit SN1;
300300 284 (47) the agreement between the University of Massachusetts and the New England Police
301301 285Benevolent Association, Local 190, Amherst Campus, Unit A07;
302302 286 (48) the agreement between the University of Massachusetts and the American
303303 287Federation of Teachers, AFL-CIO Faculty Federation, Local 1895 Dartmouth Campus, Units
304304 288D80 and D81;
305305 289 (49) the agreement between the University of Massachusetts and the Classified and
306306 290Technical Union, Lowell Campus, Unit L92;
307307 291 (50) the agreement between the sheriff of Essex county and National Correctional
308308 292Employees Union, Local 121, Unit SE7;
309309 293 (51) the agreement between the sheriff of Middlesex county and the New England Police
310310 294Benevolent Association, Local 500, Unit SM5;
311311 295 (52) the agreement between the Middlesex South registry of deeds and Office and
312312 296Professional Employees International Union, Local 6; 16 of 19
313313 297 (53) the agreement between the Worcester South registry of deeds and Office and
314314 298Professional Employees International Union, Local 6;
315315 299 (54) the agreement between the Hampden registry of deeds and Office and Professional
316316 300Employees International Union, Local 6;
317317 301 (55) the agreement between the Middlesex North registry of deeds and Office and
318318 302Professional Employees International Union, Local 6;
319319 303 (56) the agreement between the Berkshire Middle, North and South registry of deeds and
320320 304the Service Employees International Union, Local 888;
321321 305 (57) the agreement between the commonwealth and the National Association of
322322 306Government Employees, Local R1-292, Units A and D01;
323323 307 (58) the agreement between the commonwealth and the coalition of MassDOT Unions,
324324 308Units D and D06; and
325325 309 (59) the agreement between the sheriff of Plymouth county and Association of County
326326 310Employees, Unit SP4.
327327 311 SECTION 26. Notwithstanding section 2 of chapter 128A of the General Laws, sections
328328 3121, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said chapter 128C or any
329329 313other general or special law to the contrary, the running race horse meeting licensee located in
330330 314Suffolk county licensed to conduct live racing pursuant to said chapter 128A and simulcast
331331 315wagering pursuant to said chapter 128C in calendar year 2023 shall remain licensed as a running
332332 316horse racing meeting licensee and shall remain authorized to conduct simulcast wagering
333333 317pursuant to said chapter 128C until July 31, 2024; provided, however, that the days between 17 of 19
334334 318January 1, 2023 and December 31, 2024 shall be dark days pursuant to said chapter 128C and the
335335 319licensee shall be precluded from conducting live racing during that period unless it applies for
336336 320and is granted a supplemental live racing license pursuant to said chapter 128A; provided further,
337337 321that the licensee shall not simulcast or accept a wager on greyhound dog racing on or after
338338 322August 10, 2023 pursuant to section 9 of chapter 128C of the General Laws; provided further,
339339 323that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et
340340 324seq. or other applicable federal law; provided further, that all simulcasts from states which have
341341 325racing associations that do not require approval in compliance with the Interstate Horse Racing
342342 326Act of 1978, 15 U.S.C. 3004(a)(1)(A) shall require the approval of the New England Horsemen’s
343343 327Benevolent & Protective Association prior to being simulcast to a racing meeting licensee within
344344 328the commonwealth; and provided further, that if the association agrees to approve the simulcast
345345 329for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing
346346 330meeting licensees.
347347 331 SECTION 27. Notwithstanding any general or special law to the contrary, the department
348348 332of public utilities may allow recovery by the electric distribution companies of transmission
349349 333service agreement expenditures and payments associated with clean energy generation power
350350 334purchase agreements previously approved by the department following a competitive solicitation
351351 335and procurement conducted under section 83D of chapter 169 of the acts of 2008 in connection
352352 336with a change in law in the state of Maine, subsequently causing suspension of development
353353 337construction; provided, however, that if the department elects to allow such recovery, it shall
354354 338allow recovery for such expenditures and payments that the department determines to be
355355 339associated with the subsequent construction delay. 18 of 19
356356 340 SECTION 28. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
357357 341General Laws or any other general or special law to the contrary, the commissioner of capital
358358 342asset management and maintenance, in consultation with the court administrator of the trial
359359 343court, may convey certain adjacent parcels of land in the city of Framingham acquired for the
360360 344construction of a building for the first district court of southern Middlesex for nominal
361361 345consideration to the city of Framingham; provided, however, that the commissioner shall not
362362 346convey the parcels prior to: (i) the completion of a regional justice center at 121 Union avenue in
363363 347the city of Framingham; and (ii) a determination by the commissioner, in consultation with the
364364 348court administrator of the trial court, that the parcels are surplus to the needs of the trial court.
365365 349The parcels are located at 600 and 602 Concord street in the city of Framingham and are
366366 350described in deeds recorded in the Middlesex southern district registry of deeds in book 7816,
367367 351page 107 and book 9859, page 328. The parcels shall be conveyed by deed without warranties or
368368 352representations by the commonwealth and without restrictions on use or future conveyance by
369369 353the city; provided, however, that the conveyance may be subject to such additional conditions
370370 354and restrictions as the commissioner of capital asset management and maintenance, in
371371 355consultation with the court administrator of the trial court, may determine. The commissioner
372372 356may, in consultation with the court administrator of the trial court, determine the exact
373373 357boundaries of the parcels prior to conveyance.
374374 358 (b) Notwithstanding any general or special law to the contrary, if the city of Framingham
375375 359elects to purchase the parcels pursuant to subsection (a), the city shall be responsible for all costs
376376 360and expenses of any transactions authorized in this section as determined by the commissioner of
377377 361capital asset management and maintenance including, but not limited to, the costs of any
378378 362engineering, surveys, appraisals, title examinations, recording fees and deed preparation. 19 of 19
379379 363 SECTION 29. Notwithstanding any general or special law to the contrary, items funded
380380 364in this act, including appropriations in section 2A, shall be supported through the General Fund
381381 365and the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, at
382382 366the discretion of the secretary of administration and finance. Not later than September 30, 2023,
383383 367the secretary shall, submit a report to the senate and house committees on ways and means
384384 368detailing the source of revenue matched or expected to be matched to each item in this act.
385385 369 SECTION 30. Notwithstanding section 23 of chapter 59 of the General Laws, section 31
386386 370of chapter 44 of the General Laws or any other general or special law to the contrary, a city or
387387 371town may amortize over fiscal years 2025 to 2027, inclusive, in equal installments or more
388388 372rapidly, the amount of its 2024 major disaster related deficit. The local appropriating authority,
389389 373as defined in section 21C of said chapter 59, shall adopt a deficit amortization schedule in
390390 374accordance with this section before setting the municipality’s fiscal year 2025 tax rate. The
391391 375commissioner of revenue may issue guidelines or instructions for reporting the amortization of
392392 376deficits authorized by this section.