Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2827 Compare Versions

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1	1	SENATE . . . . . . . . . . . . . . No. 2827
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, June 21, 2024.
8	8	The committee on Municipalities and Regional Government to whom was referred the
9	9	message from Her Excellency the Governor recommending legislation to empower
10	10	municipalities and local governments (Senate, No. 2571) (insomuch as relates to Sections 1-17,
11	11	19-21, 23-25, 28-37, 76-84 and 87), report the accompanying bill (Senate, No. 2827).
12	12	For the committee,
13	13	Jacob R. Oliveira 1 of 14
14	14	FILED ON: 6/14/2024
15	15	SENATE . . . . . . . . . . . . . . No. 2827
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act empowering municipalities and local governments.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Section 3 of chapter 17 of the General Laws, as appearing in the 2022
25	25	2Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof
26	26	3the following subsection:-
27	27	4 (d) Seven of the appointed members shall be non-providers: 1 of whom shall be
28	28	5appointed by the secretary of elder affairs; 1 of whom shall be appointed by the secretary of
29	29	6veterans' services; 1 of whom shall be appointed by the governor from a list of 3 nominated by
30	30	7Health Care For All, Inc.; 1 of whom shall be appointed by the governor from a list of 3
31	31	8nominated by the Coalition for the Prevention of Medical Errors, Inc.; 1 of whom shall be
32	32	9appointed by the governor from a list of 3 nominated by the Massachusetts Public Health
33	33	10Association; 1 of whom shall be appointed by the governor from a list of 3 nominated by the
34	34	11Massachusetts Community Health Worker Network; and 1 of whom shall be appointed by the
35	35	12governor from a list of 3 nominated by the Coalition for Local Public Health. Whenever an
36	36	13organization nominates a list of candidates for appointment by the governor under this 2 of 14
37	37	14subsection, the organization may nominate additional candidates if the governor declines to
38	38	15appoint any of those originally nominated.
39	39	16 SECTION 2 Chapter 30A, Section 21 is hereby amended in subsection (a) by deleting
40	40	17paragraph 8 and inserting in place thereof the following:-
41	41	18 8. To consider or interview applicants, including the preparation of interview questions
42	42	19for employment or appointment by a preliminary screening committee if the chair declares that
43	43	20an open meeting will have a detrimental effect in obtaining qualified applicants; provided,
44	44	21however that this clause shall not apply to any meeting, including meetings of a preliminary
45	45	22screening committee, to consider and interview applicants who have passed a prior preliminary
46	46	23screening; nothing in this section shall prohibit all members of a school committee, city council,
47	47	24town council, select board, or board of alderman from participating as members of the
48	48	25preliminary screening committee meeting in executive session for the purposes of this section.
49	49	26 SECTION 3. Section 1 of chapter 30B of the General Laws, as appearing in the 2020
50	50	27Official Edition, is hereby amended by striking out, in lines 10 and 11, and in lines 134 and 135,
51	51	28the words “thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven” and inserting in place
52	52	29thereof, in each instance, the following words:- 44 to 57, inclusive, of chapter 7C.
53	53	30 SECTION 4. Subsection (b) of said section 1 of said chapter 30B, as so appearing, is
54	54	31hereby amended by striking out clause (5), as so appearing, and inserting in place thereof the
55	55	32following clause:-
56	56	33 (5) a contract for the purchase of materials under specifications of the division of
57	57	34highways in the Massachusetts Department of Transportation and at prices established by the 3 of 14
58	58	35division, pursuant to advertising and bidding for such purpose, in connection with work to be
59	59	36performed under chapter 81 or chapter 90;
60	60	37 SECTION 5. Said section 1 of said chapter 30B, as so appearing, is hereby further
61	61	38amended by striking out, in line 109, as so appearing, the words “subclause (r)” and inserting in
62	62	39place thereof the following words:- subclause (s).
63	63	40 SECTION 6. Section 4 of chapter 30B of the General Laws, as so appearing, is amended
64	64	41by striking out subsection (a) and inserting in place thereof the following subsection:-
65	65	42 (a) Except as permitted pursuant to this section and section 7, for the procurement of a
66	66	43supply or service for a governmental body in the amount of $15,000 or greater, but not to exceed
67	67	44$100,000, a procurement officer shall seek written quotations from not fewer than 3 persons
68	68	45customarily providing the supply or service. The procurement officer shall record the: (i) names
69	69	46and addresses of all persons from whom quotations were sought; (ii) purchase description used
70	70	47for the procurement; (iii) names of the persons submitting quotations; and (iv) date and amount
71	71	48of each quotation. Such information shall be retained in the file required pursuant to section 3. A
72	72	49governmental body may require that any procurement for the governmental body in an amount of
73	73	50not more than $100,000 shall be subject to section 5 or section 6.
74	74	51 SECTION 7. Section 4 of chapter 30B of the General Laws, as so appearing, is further
75	75	52amended by striking out subsection (c) and inserting in place thereof the following:-
76	76	53 (c) A procurement in the amount of less than $15,000 shall be obtained through the
77	77	54exercise of sound business practices. 4 of 14
78	78	55 SECTION 8. Section 5 of said chapter 30B, as so appearing, is hereby amended by
79	79	56striking out, in lines 2 to 4, the words “$50,000 or, in the case of a municipal or regional school
80	80	57district, award of procurement contracts in the amount of more than $100,000,” and inserting in
81	81	58place thereof the following figure:- $100,000.
82	82	59 SECTION 9. Said section 5 of said chapter 30B, as so appearing, is hereby further
83	83	60amended by striking out, in lines 37 to 39, the words “on the COMMBUYS system administered
84	84	61by the operational services division” and inserting in place thereof the following words:- through
85	85	62additional means reasonably calculated to notify the public of the opportunity.
86	86	63 SECTION 10. Said section 5 of said chapter 30B, as so appearing, is hereby further
87	87	64amended by striking out, in lines 40 and 41, the words “$50,000, or, for a municipal or regional
88	88	65school district, more than”.
89	89	66 SECTION 11. Section 5 of said chapter 30B, as so appearing, is hereby amended by
90	90	67striking out, in lines 64 to 66, inclusive, as so appearing, the words “the provisions of section
91	91	68eleven A 1/2 of chapter thirty A, section nine G of chapter thirty-four or section twenty-three B
92	92	69of chapter thirty-nine” and inserting in place thereof the following words:- sections 18 to 25,
93	93	70inclusive, of chapter 30A.
94	94	71 SECTION 12. Section 6 of said chapter 30B, as so appearing, is hereby amended by
95	95	72striking out, in lines 2 and 3, the words “$50,000, or, a municipal or regional school district,
96	96	73more than $100,000” and inserting in place thereof the following figure:- $100,000.
97	97	74 SECTION 13. Section 6A of said chapter 30B, as so appearing, is hereby amended by
98	98	75striking out, in lines 2 and 3, the words “$50,000, or, a municipal or regional school district,
99	99	76more than $100,000,” and inserting in place thereof the following figure:- $100,000. 5 of 14
100	100	77 SECTION 14. Section 7 of said chapter 30B, as so appearing, is hereby amended by
101	101	78striking out, in lines 2 and 3, the words “$50,000, or, a municipal or regional school district,
102	102	79more than $100,000,” and inserting in place thereof the following figure:- $100,000.
103	103	80 SECTION 15. Section 16 of said chapter 30B, as so appearing, is hereby amended by
104	104	81striking out, in line 46, the words “forty J of chapter seven” and inserting in place thereof the
105	105	82following words:- 38 of chapter 7C.
106	106	83 SECTION 16. Section 18 of said chapter 30B, as so appearing, is hereby amended by
107	107	84striking out the definition of “Disadvantaged vendor” and inserting in place thereof the following
108	108	85definition:-
109	109	86 “Disadvantaged vendor”, a business beneficially owned by at least 1 minority person as
110	110	87provided in the definition of “Minority-owned business” in subsection (b) of section 6 of chapter
111	111	887C and any business beneficially owned by at least 1 woman as provided in the definition of
112	112	89“Women-owned business” in said subsection (b) of said section 6 of said chapter 7C.
113	113	90 SECTION 17. Said chapter 30B, as so appearing, is hereby further amended by striking
114	114	91out section 22 and inserting in place thereof the following section:-
115	115	92 Section 22. A public procurement unit may participate in, sponsor, conduct or administer
116	116	93a cooperative purchasing agreement for the procurement of supplies or services with public
117	117	94procurement units or external procurement activities in accordance with an agreement entered
118	118	95into between the participants. The public procurement unit conducting the procurement of
119	119	96supplies or services shall do so in a manner that constitutes a full and open competition. 6 of 14
120	120	97 Notwithstanding the provisions of any special or general law to the contrary, a public
121	121	98procurement unit that conducts a cooperative purchasing agreement pursuant to this section in a
122	122	99manner that constitutes full and open competition may award contracts to multiple offerors
123	123	100through a single request for proposals if the chief procurement officer for the awarding public
124	124	101unit determines that doing so is in the best interests of the parties to the cooperative purchasing
125	125	102agreement.
126	126	103 SECTION 18. Chapter 30B of the General Laws, as appearing in the 2022 Official
127	127	104Edition, is hereby amended by striking out section 23 and inserting in place thereof the following
128	128	105section:-
129	129	106 Section 23. Notwithstanding section 39M of chapter 30, or any general or special law to
130	130	107the contrary, a governmental body may procure electric school buses and the installation of
131	131	108charging stations for said electric school buses, under this chapter. Said electric school buses and
132	132	109the installation of related charging stations may be procured separately or in one procurement.
133	133	110For the purposes of this section, if electric school buses and charging stations and their
134	134	111installation are procured in a single procurement, both shall be considered supplies; otherwise,
135	135	112electric school buses shall be considered supplies and charging stations and their installation
136	136	113shall be considered services.
137	137	114 A contract under this section shall only be awarded to a bidder: (i) possessing the skill,
138	138	115ability and integrity necessary for the faithful performance of the work; (ii) who shall certify, that
139	139	116it is able to furnish labor that can work in harmony with all other elements of labor employed or
140	140	117to be employed in the work; (iii) who shall certify that all employees to be employed at the
141	141	118worksite will have successfully completed a course in construction safety and health approved by 7 of 14
142	142	119the United States Occupational Safety and Health Administration that is at least 10 hours in
143	143	120duration at the time the employee begins work and who shall furnish documentation of
144	144	121successful completion of said course with the first certified payroll report for each employee; and
145	145	122(iv) who obtains within 10 days of the notification of contract award the security by bond
146	146	123required under section 29 of chapter 149; provided, that for the purposes of this section, the term
147	147	124“security by bond” shall mean the bond of a surety company qualified to do business under the
148	148	125laws of the commonwealth and satisfactory to the awarding authority; provided further, that if
149	149	126there is more than 1 surety company, the surety companies shall be jointly and severally liable.
150	150	127Sections 26 through 27D of chapter 149 shall apply to any contract entered into under this
151	151	128section.
152	152	129 SECTION 19. Subsection (k) of section 20 of chapter 32B of the General Laws, as so
153	153	130appearing, is hereby amended by striking out, in line 158, the words “governing boards” and
154	154	131inserting in place thereof the followings words:- governing body.
155	155	132 SECTION 20. Section 49 of said chapter 40, as so appearing, is hereby amended by
156	156	133adding the following sentence:- Nothing in this section shall preclude a town from providing any
157	157	134of the reports or information pursuant to this section in an electronic format, provided, however,
158	158	135that at least one physical copy shall be made available for public viewing during normal business
159	159	136hours at the town hall.
160	160	137 SECTION 21. Said chapter 40, as so appearing, is hereby amended by adding the
161	161	138following section:-
162	162	139 Section 70. Cities, towns and districts shall report a known cybersecurity incident, as
163	163	140defined through regulation by the secretary of technology services and security, to the 8 of 14
164	164	141commonwealth security operations center, in a manner prescribed by the executive office of
165	165	142technology services and security. Reporting shall take place as soon as practicable, but no later
166	166	143than at the conclusion of the risk assessment process. Reports shall not include any information
167	167	144that would jeopardize attorney-client privilege nor any information that would have a
168	168	145demonstrated impact on the defense and management of any liability claims, including litigation
169	169	146or demand for damages. Nothing in this section shall satisfy a city, town or district’s reporting
170	170	147requirements under chapter 93H. The executive office of technology services and security shall
171	171	148promulgate regulations to implement this section.
172	172	149 SECTION 22. Section 9 of chapter 40A of the General Laws, as appearing in the 2020
173	173	150Official Edition, is hereby amended by striking the eleventh paragraph.
174	174	151 SECTION 23. Section 1B of chapter 41 of the General Laws, as so appearing, is hereby
175	175	152amended by adding the following paragraph:-
176	176	153 In any town that accepts this paragraph, the positions of appointed town treasurer and
177	177	154appointed collector of taxes shall be combined into 1 position and become an appointed position
178	178	155in the manner provided in this section. Any incumbent of such office serving at the time of
179	179	156acceptance shall continue to hold said office and to perform the duties thereof until the expiration
180	180	157of the term for which said individual was appointed or until said individual otherwise vacates
181	181	158such office.
182	182	159 SECTION 24. Section 23A of said chapter 41, as so appearing, is hereby amended by
183	183	160striking out, in line 3, the words “one or three” and inserting in place thereof the following
184	184	161words:- not less than 1 year but not more than 5. 9 of 14
185	185	162 SECTION 25. Section 81A of chapter 41 of the General Laws, as appearing in the 2020
186	186	163Official Edition, is hereby amended by inserting after the first paragraph the following
187	187	164paragraph:-
188	188	165 Zoning ordinances or by-laws may provide for associate members of a planning board.
189	189	166One associate member may be authorized when the planning board consists of five members,
190	190	167and two associate members may be authorized when the planning board consists of more than
191	191	168five members. A city or town which establishes the position of associate member shall determine
192	192	169the procedure for filling such position. If provision for filling the position of associate member
193	193	170has been made, in the case of absence, inability to act, conflict of interest on the part of any
194	194	171member of the planning board, or in the event of a vacancy on the board the chairman of the
195	195	172planning board may designate an associate member to sit on the board for the purposes of acting
196	196	173on any matter under its jurisdiction including but not limited to this chapter, chapter 40A or
197	197	174under its home rule powers.
198	198	175 SECTION 26. Section 7 of chapter 44 of the General Laws, as appearing in the 2022
199	199	176Official Edition, is hereby amended by inserting after the word “land”, in line 21, the following
200	200	177words:- , improvement to real estate or waterways.
201	201	178 SECTION 27. Said section 7 of said chapter 44, as so appearing, is hereby further
202	202	179amended by inserting after the word “years”, in line 22, the following words:- and be owned or
203	203	180leased by the city or town or on property owned or leased by the city or town.
204	204	181 SECTION 28. Said section 7 of said chapter 44, as so appearing, is hereby further
205	205	182amended by inserting after the word “land”, in line 23, the following words:- , improvement to
206	206	183real estate or waterways. 10 of 14
207	207	184 SECTION 29. Said section 7 of said chapter 44, as so appearing, is hereby further
208	208	185amended by adding the following paragraph:-
209	209	186 Notwithstanding the foregoing provisions of this section and section 16 of chapter 71,
210	210	187indebtedness for constructing and reconstructing a school facility for the education of school
211	211	188children shall be payable not to exceed 40 years.
212	212	189 SECTION 30. Section 21A of said chapter 44, as so appearing, is hereby amended by
213	213	190inserting after the word “town”, in line 2, the following words:- , the school committee of a
214	214	191regional school district.
215	215	192 SECTION 31. Said section 21A of said chapter 44, as so appearing, is hereby further
216	216	193amended by inserting after the word “town”, in line 4, the following words:- , regional school
217	217	194district.
218	218	195 SECTION 32. Said section 21A of said chapter 44, as so appearing, is hereby further
219	219	196amended by inserting after the word “town”, in line 69, the following words:- , the school
220	220	197committee of a regional school district.
221	221	198 SECTION 33. Section 31 of said chapter 44, as so appearing, is hereby amended by
222	222	199inserting the following paragraph:-
223	223	200 Notwithstanding the foregoing provisions of this section, section 23 of chapter 59, or any
224	224	201other general or special law to the contrary, a city or town may amortize over the subsequent
225	225	202three fiscal years, in equal installments or more rapidly, the amount of its current fiscal year
226	226	203major disaster related deficit. The local appropriating authority as defined in section 21C of said
227	227	204chapter 59 shall adopt a deficit amortization schedule in accordance with the preceding sentence 11 of 14
228	228	205before setting the municipality’s next fiscal year tax rate. The commissioner of revenue may
229	229	206issue guidelines or instructions for reporting the amortization of deficits authorized by this
230	230	207paragraph.
231	231	208 SECTION 34. The seventh paragraph of section 32 of said chapter 44, as so appearing, is
232	232	209hereby amended by adding the following sentence:- The amounts in the continuing appropriation
233	233	210budget shall, without further action by the council, become an appropriation and be available for
234	234	211the purposes specified; provided that the purposes contained therein shall not include any item or
235	235	212undertaking not considered in the prior fiscal year.
236	236	213 SECTION 35. Notwithstanding any general or special law to the contrary, there shall be a
237	237	214special commission to investigate and study the use of so-called double poles. The commission
238	238	215shall consider identifying how many double poles exist and the length of time each has been in
239	239	216place, the reason why such double poles have been in place for such time, and the process and
240	240	217timeline by which existing utility poles are removed following the transfer of attached services to
241	241	218a new pole. The commission shall also consider and may make recommendations on how best to
242	242	219enforce the provisions of Section 34B of Chapter 164 of the General Laws concerning the timely
243	243	220removal of double poles, investigate how to address barriers to remove such poles, investigate
244	244	221increasing utilization, improving functionality of attachment management systems (e.g., the
245	245	222National Joint Utilities Notification System (NJUNS), and identifying solutions to resolve
246	246	223communication issues among all parties, unlicensed attachments on utility poles and
247	247	224requirements that providers promptly register such attachments, the legal liability and potential
248	248	225use of indemnification agreements to facilitate the removal of abandoned attachments, whether
249	249	226or not certain costs may be recovered from ratepayers, and the promulgation of regulations by 12 of 14
250	250	227the Department of Public Utilities and Department of Telecommunications and Cable to
251	251	228effectively regulate double utility poles.
252	252	229 The commission shall consist of 17 members: 1 of whom shall be the secretary of
253	253	230administration and finance, or the secretary’s designee; 1 of whom shall be the chair of the
254	254	231department of public utilities, or the chair's designee; 1 of whom shall be the commissioner of
255	255	232the department of telecommunications and cable, or the commissioner’s designee; 1 of whom
256	256	233shall be a representative of a municipal light board of commissioners or their designee; the house
257	257	234and senate chairs of the joint committee on municipalities and regional government; 2 members
258	258	235of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members
259	259	236of the senate, 1 of whom shall be appointed by the minority leader; 3 municipal officials selected
260	260	237by the governor, 1 utility pole owner; 1 utility pole attacher; the executive director of the
261	261	238Massachusetts Municipal Association or their designee; and 1 private citizen, appointed by the
262	262	239governor, who shall serve as chair of the commission and shall not be an employee of any
263	263	240electric or telecommunications utility operating in the commonwealth.
264	264	241 The commission shall file a report of its recommendations and proposed legislation, if
265	265	242any, with the clerks of the house and senate, the chairs of the house and senate committee on
266	266	243ways and means and the chairs of the joint committee on municipalities and regional government
267	267	244not later than June 30, 2026.
268	268	245 SECTION 36. Section 17 of chapter 268A of the General Laws, as so appearing, is
269	269	246hereby amended by adding the following paragraph:-
270	270	247 This section shall not prevent a municipal employee from receiving or requesting
271	271	248compensation from, or acting as an agent or attorney for, the employee’s municipality and one or 13 of 14
272	272	249more other governmental units, as defined by section 4A of chapter 40, in connection with an
273	273	250intermunicipal agreement under said section 4A of said chapter 40; provided that the employee is
274	274	251acting within the scope of the employee’s duties under the intermunicipal agreement.
275	275	252 SECTION 37. Notwithstanding section 20 of chapter 44 of the General Laws, or any
276	276	253other general or special law to the contrary, a community who reserved or used a debt excluded
277	277	254premium for capital shall account for said premium on the debt excluded borrowing without
278	278	255adjustment to the debt exclusion.
279	279	256 SECTION 38. Notwithstanding section 53 of chapter 44 of the General Laws or any other
280	280	257general or special law to the contrary, any city or town may, upon the approval of the chief
281	281	258executive officer, establish in the treasury a separate revenue account into which shall be
282	282	259deposited the monies received pursuant to section 25B of chapter 54 of the General Laws and
283	283	260chapter 111 of the acts of 2014. Said special account shall be established by the municipal
284	284	261treasurer in the municipal treasury and shall be kept separate and apart from other monies.
285	285	262Monies in any special account shall be expended at the direction of the chief executive officer
286	286	263without further appropriation only for the purposes for which the monies were received.
287	287	264 SECTION 39. Notwithstanding any general or special law to the contrary, there shall be a
288	288	265special commission to investigate and study retiree healthcare and other non-pension benefits.
289	289	266The commission shall consider the range of benefits that are or should be provided as well as the
290	290	267current and anticipated future cost of providing them. The commission shall consider and may
291	291	268make recommendations on how best to divide the costs between the commonwealth and its
292	292	269employees and between the commonwealth’s municipalities and their employees. Upon 14 of 14
293	293	270appropriation of sufficient funds, the commission shall engage professional advisors as needed to
294	294	271accomplish its purposes.
295	295	272 The commission shall consist of 12 members: 1 of whom shall be the secretary of
296	296	273administration and finance, or the secretary’s designee; 1 of whom shall be the treasurer, or the
297	297	274treasurer’s designee; 1 of whom shall be the executive director of the group insurance
298	298	275commission, or the director’s designee; 1 of whom shall be a private citizen, appointed by the
299	299	276governor, who shall serve as chair of the commission and shall not be a member of any of the
300	300	277105 contributory retirement systems; 2 of whom shall be members of the house of
301	301	278representatives, 1 of whom shall be appointed by the minority leader; 2 of whom shall be
302	302	279members of the senate, 1 of whom shall be appointed by the minority leader; 1 of whom shall be
303	303	280selected by the governor from a list of 3 candidates submitted by the president of the
304	304	281Massachusetts AFL-CIO; 2 of whom shall be members of the Massachusetts Municipal
305	305	282Association, 1 of whom shall represent a rural community; and 1 of whom shall be a member of
306	306	283the Retired State, County and Municipal Employees Association of Massachusetts.
307	307	284 The commission shall file a report of its recommendations and proposed legislation, if
308	308	285any, with the clerks of the house and senate, the chairs of the house and senate committee on
309	309	286ways and means and the chairs of the joint committee on public service not later than June 30,
310	310	2872025.
311	311	288 SECTION 40. Section 23 of chapter 30B of the General Laws, as inserted by section 18
312	312	289of this act, is hereby repealed.
313	313	290 SECTION 41. Section 40 shall take effect on June 30, 2029.