Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2869 Compare Versions

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1	1	1 of 276
2	2	SENATE . . . . . . . . . . . . . . No. 2869
3	3	Senate, July 11, 2024 -- Text of the Senate amendment to the House Bill relative to strengthening
4	4	Massachusetts’ economic leadership (House, No. 4804) (being the text of Senate, No. 2856,
5	5	printed as amended)
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	1 SECTION 1. To provide for a program of community development, economic
12	12	2opportunities, support for local governments, increased industry innovation, job creation, and the
13	13	3promotion of economic reinvestment through the funding of infrastructure improvements the
14	14	4sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the
15	15	5conditions specified in this act, are hereby made available, subject to the laws regulating the
16	16	6disbursement of public funds. These sums shall be in addition to any amounts previously
17	17	7authorized and made available for the purposes of those items. The sums set forth in sections 2 to
18	18	82B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C, shall
19	19	9be made available until June 30, 2034.
20	20	10 SECTION 2.
21	21	11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
22	22	12 Office of the Secretary
23	23	13 7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under
24	24	14section 6 of chapter 23I of the General Laws………………………………….... $225,000,000 2 of 276
25	25	15 7002-0083For an employment social enterprise capital grant program to be
26	26	16administered by the executive office of economic development, in consultation with the
27	27	17executive office of labor and workforce development, for the development of eligible facilities
28	28	18for nonprofit employment social enterprises that sell goods and services and enhance economic
29	29	19development; provided, that eligible applicants shall be nonprofit organizations operating
30	30	20employment social enterprises targeting individuals facing significant barriers to employment;
31	31	21provided further, that grants to nonprofits shall support costs associated with the acquisition of
32	32	22real property, the design, construction, repair, rehabilitation or renovation of an eligible facility
33	33	23and soft costs directly related to the development of an eligible facility; provided further, that
34	34	24eligible employment social enterprises shall offer paid employment opportunities to low-income
35	35	25individuals, with priority to socially- and economically-disadvantaged populations who
36	36	26experien`ce complex needs and barriers to employment that require intensive interventions;
37	37	27provided further, that eligible organizations shall provide the following services for targeted
38	38	28individuals as an integrated part of their paid employment in a social enterprise: (i) outreach to
39	39	29targeted populations; (ii) on-the-job training and skill development, including worksite
40	40	30supervision and performance coaching; (iii) comprehensive supportive services for at least 1
41	41	31year, including, but not limited to, case management, aimed at overcoming barriers to
42	42	32employment; (iv) assistance to obtain external employment; and (v) job retention services, which
43	43	33shall include follow-up with beneficiaries for at least 1 year and employers to support job
44	44	34retention and advancement; provided further, that prioritization for grant awards shall be given to
45	45	35organizations: (a) targeting low-income communities specifically aimed at reducing social and
46	46	36economic inequities; (b) serving high-risk populations that can demonstrate a significant social
47	47	37return on investment; and (c) providing goods and services that can demonstrate a positive 3 of 276
48	48	38community or environmental impact; and provided further, that grants shall be awarded in a
49	49	39manner that promotes geographic, social and economic equity…………………….$10,000,000
50	50	40 7002-1352For a grant program to coastal communities administered by the seaport
51	51	41economic council established in executive order 564; provided, that funds shall be used for
52	52	42community planning and investment activities that stimulate economic development and create
53	53	43jobs in the maritime economy sector and to construct, improve, repair, maintain and protect
54	54	44coastal assets that are vital to achieving these goals; provided further, that the planning,
55	55	45prioritization, selection and implementation of projects shall consider climate change impacts in
56	56	46furtherance of the goals of climate change mitigation and adaptation consistent with the
57	57	47integrated state hazard mitigation and climate change adaptation plan; and provided further, that
58	58	48grants or other financial assistance in this item shall only be awarded to projects within
59	59	49municipalities that have been deemed in compliance or interim compliance with the multi-family
60	60	50zoning requirement in section 3A of chapter 40A of the General
61	61	51Laws....…………………………………………………................ $100,000,000
62	62	52 7002-1522 For grants administered by the Massachusetts Technology Development
63	63	53Corporation established in section 2 of chapter 40G of the General Laws and doing business as
64	64	54MassVentures; provided, that such grants shall be made on a competitive basis to growing
65	65	55Massachusetts-based companies commercializing technologies developed with the assistance of
66	66	56a Small Business Innovation Research or Small Business Technology Transfer grant from a
67	67	57federal agency, including, but not limited to, the United States Department of Defense, the
68	68	58United States Department of Energy or the National Science Foundation...............$25,000,000 4 of 276
69	69	59 7002-1523For grants administered by the Massachusetts Technology Development
70	70	60Corporation established in section 2 of chapter 40G of the General Laws and doing business as
71	71	61MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts-
72	72	62based companies in support of the development of alternative proteins developed with the
73	73	63assistance of a Small Business Innovation Research or Small Business Technology Transfer
74	74	64grant from a federal agency including, but not limited to, the United States Department of
75	75	65Energy, the United States Department of Agriculture, the United States Food and Drug
76	76	66Administration or the National Science Foundation………………………..……....$5,000,000
77	77	67 7002-8039 For the Scientific and Technology Research and Development Matching
78	78	68Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that not less
79	79	69than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the
80	80	70expansion of its department of food science and development of a regional resilient and
81	81	71sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be
82	82	72expended to the University of Massachusetts at Dartmouth for blue economy initiatives,
83	83	73including, but not limited to, blue tech research and the development of new technology created
84	84	74for improving ocean health, promoting the responsible use of the ocean, stimulating economic
85	85	75development and creating jobs in the blue economy…….......................................$133,000,000
86	86	76 7002-8044 For a program to be administered by the Massachusetts Development
87	87	77Finance Agency established in section 2 of chapter 23G of the General Laws for site assembly,
88	88	78site assessment, predevelopment permitting and other predevelopment and marketing activities
89	89	79that enhance a site’s readiness for commercial, industrial or mixed-use development; provided,
90	90	80that funds may be used to facilitate the expansion or replication of successful industrial parks and
91	91	81to support the revitalization of downtown centers; and provided further, that grants or other 5 of 276
92	92	82financial assistance in this item shall only be awarded to projects within municipalities that have
93	93	83been deemed in compliance or interim compliance with the multi-family zoning requirement in
94	94	84section 3A of chapter 40A of the General Laws………………………................ $3,000,000
95	95	85 7002-8046 For the Massachusetts Growth Capital Corporation established in section 2
96	96	86of chapter 40W of the General Laws for a program to provide matching grants to community
97	97	87development financial institutions certified by the United States Treasury or community
98	98	88development corporations certified under chapter 40H of the General Laws to leverage federal or
99	99	89private investment for the purpose of making loans to small businesses; provided, that such
100	100	90grants shall prioritize socially or economically disadvantaged businesses, which may include, but
101	101	91shall not be limited to, minority-owned, women-owned, worker-owned, veteran-owned or
102	102	92immigrant-owned small businesses that have historically faced obstacles to accessing
103	103	93capital………………………………………………………………………................ $35,000,000
104	104	94 7002-8053For the Brownfields Redevelopment Fund established in section 29A of
105	105	95chapter 23G of the General Laws; provided, that grants or other financial assistance in this item
106	106	96shall only be awarded to projects within municipalities that have been deemed in compliance or
107	107	97interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the
108	108	98General Laws……………………………………………….…................ $30,000,000
109	109	99 7002-8054 For the Massachusetts Growth Capital Corporation established in section 2 of
110	110	100chapter 40W of the General Laws, in consultation with the microbusiness development center
111	111	101within the Massachusetts office of business development, to provide grants to low- and
112	112	102moderate-income entrepreneurs to acquire, expand, improve or lease a facility, purchase or lease
113	113	103equipment or meet other capital needs of a business with not more than 20 employees and annual 6 of 276
114	114	104revenues not exceeding $2,500,000, including alternative energy generation projects; provided,
115	115	105that preference shall be given to businesses located in low-income or moderate-income areas or
116	116	106socially or economically disadvantaged businesses, which may include, but shall not be limited
117	117	107to, minority-owned, women-owned, worker-owned, immigrant-owned or veteran-owned
118	118	108businesses; and provided further, that grants shall be awarded in a manner that promotes
119	119	109geographic equity………………………………………..........................$10,000,000
120	120	110 7002-8056 For a competitive grant program to be administered by the office of travel
121	121	111and tourism; provided, that funds may be used to improve facilities and destinations visited by
122	122	112in-state and out-of-state travelers to increase visitation, entice repeat visitation and increase the
123	123	113direct and indirect economic impacts of the tourism industry in all regions of the commonwealth;
124	124	114provided further, that grants shall support the design, repair, renovation, improvement, expansion
125	125	115and construction of facilities owned by municipalities or nonprofit entities; provided further, that
126	126	116grants or other financial assistance in this item shall only be awarded to projects within
127	127	117municipalities that have been deemed in compliance or interim compliance with the multi-family
128	128	118zoning requirement in section 3A of chapter 40A of the General Laws; provided further, that in
129	129	119evaluating grant applications, priority shall be given to projects located in state-designated
130	130	120cultural districts and projects that promote nature-based, agricultural and other forms of rural
131	131	121tourism; provided further, that all grantees to improve facilities and destinations visited by in-
132	132	122state and out-of-state travelers shall provide a match based on a graduated formula determined by
133	133	123the office of travel and tourism; provided further, that grant recipients shall be required to
134	134	124measure and report on return-on-investment data after the expenditure of grant funds; provided
135	135	125further, that grants shall be awarded in a manner that promotes geographic equity; and provided
136	136	126further, that funds made available in this item may be used to make capital investments that 7 of 276
137	137	127support the commemoration of the two hundred and fiftieth anniversary of the founding of the
138	138	128United States…………………………………………..…................ $40,000,000
139	139	129 7002-8057 For the Commonwealth Zoological Corporation established in section 2 of
140	140	130chapter 92B of the General Laws for costs associated with the preparation of plans, studies and
141	141	131specifications, repairs, construction, renovations, improvements, maintenance, asset management
142	142	132and demolition and other capital improvements including those necessary for the operation of
143	143	133facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D.
144	144	134Stone Memorial Zoo………………………….…................ $15,000,000
145	145	135 7002-8058For the Massachusetts Broadband Incentive Fund established in section
146	146	1366C of chapter 40J of the General Laws for capital repairs and improvements to broadband
147	147	137infrastructure owned by the Massachusetts Technology Park Corporation established in section 3
148	148	138of said chapter 40J………………………………….…................$10,000,000
149	149	139 7002-8059 For the Massachusetts Technology Park Corporation established in section
150	150	1403 of chapter 40J of the General Laws for grant programs that support collaboration among
151	151	141manufacturers located in the commonwealth and institutions of higher education, nonprofit
152	152	142entities or other public or quasi-public entities; provided, that eligible grantees shall include, but
153	153	143not be limited to, participants in the Manufacturing USA institutes, public and private academic
154	154	144institutions, nonprofit entities and private business entities; provided further, that grant programs
155	155	145funded from this item shall consider the strategic goals and priorities of the advanced
156	156	146manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and
157	157	147provided further, that grants shall be awarded in a manner that promotes geographic, social and
158	158	148economic equity………………………………............$99,000,000 8 of 276
159	159	149 7002-8061 For the MassWorks infrastructure program established in section 63 of
160	160	150chapter 23A of the General Laws; provided, that, pursuant to subsection (b) of section 3A of
161	161	151chapter 40A of the General Laws, grants or other financial assistance in this item shall only be
162	162	152awarded to projects within municipalities that have been deemed in compliance or interim
163	163	153compliance with the multi-family zoning requirement in said section 3A of said chapter
164	164	15440A……………………………………………….…................$400,000,000
165	165	155 7002-8062 For a program to provide assistance to projects that will improve,
166	166	156rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the
167	167	157public purposes of eliminating blight, increasing housing production, supporting economic
168	168	158development projects, increasing the number of commercial buildings accessible to persons with
169	169	159disabilities and conserving natural resources through the targeted rehabilitation and reuse of
170	170	160vacant and underutilized property; provided, that such assistance shall take the form of a grant or
171	171	161loan provided to a municipality or other public entity, a community development corporation,
172	172	162nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include,
173	173	163but not be limited to: (i) improvements and additions to or alterations of structures and other
174	174	164facilities necessary to comply with requirements of building, fire or other life safety codes and
175	175	165regulations pertaining to accessibility for persons with disabilities where such code or regulatory
176	176	166compliance is required in connection with a new commercial residential or civic use of such
177	177	167structure or facility; and (ii) the targeted removal of existing underutilized structures or facilities
178	178	168to create or activate publicly-accessible recreational or civic spaces; provided further, that
179	179	169financial assistance in this item may be administered by the executive office of economic
180	180	170development through a contract with the Massachusetts Development Finance Agency
181	181	171established in section 2 of chapter 23G of the General Laws; provided further, that the executive 9 of 276
182	182	172office or the Massachusetts Development Finance Agency may establish additional program
183	183	173requirements through regulations or policy guidelines; provided further, that funds shall be
184	184	174awarded on a competitive basis in accordance with guidelines developed by the agency; provided
185	185	175further, that financial assistance in this item shall be awarded, to the extent feasible, in a manner
186	186	176that reflects geographic and demographic diversity and social and economic equity within the
187	187	177commonwealth; provided further, that grants or other financial assistance in this item shall only
188	188	178be awarded to projects within municipalities that have been deemed in compliance or interim
189	189	179compliance with the multi-family zoning requirement in section 3A of chapter 40A of the
190	190	180General Laws; and provided further, that program funds may be used for the reasonable costs of
191	191	181administering the program not to exceed 5 per cent of the total financial assistance awarded
192	192	182during the fiscal year……………………………………..….…................$90,000,000
193	193	183 7002-8063For the Massachusetts Technology Park Corporation established in section
194	194	1843 of chapter 40J of the General Laws for matching grants that support alternative proteins among
195	195	185private entities, institutions of higher education, nonprofit entities and other public or quasi-
196	196	186public entities located in the commonwealth; provided, that grants shall be awarded and
197	197	187administered consistent with the strategic goals and priorities of the Massachusetts advanced
198	198	188manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and
199	199	189provided further, that grants shall be awarded in a manner that promotes geographic, social and
200	200	190economic equity…………………………………………………..…………$5,000,000
201	201	191 7002-8066For a capital grant program administered by the executive office of
202	202	192economic development, in consultation with the executive office for administration and finance,
203	203	193to provide grants to support large, transformational projects to drive economic growth; provided,
204	204	194that the program may be known as Mass Impact; provided further, that projects shall leverage 10 of 276
205	205	195private, federal, municipal or other sources of financial assistance to be eligible for financial
206	206	196assistance in this item; provided further, that the total amount of state funds awarded, including,
207	207	197but not limited to funds in this item, for an individual project shall not exceed 30 per cent of the
208	208	198total development cost of the project; provided further, that the executive office of economic
209	209	199development shall annually submit a report to the house and senate committees on ways and
210	210	200means that shall include, but shall not be limited to, the: (i) projects awarded financial assistance
211	211	201in this item; (ii) total estimated cost of projects awarded financial assistance in this item; (iii)
212	212	202total amount of state funds awarded to projects, including but not limited to, financial assistance
213	213	203in this item, delineated by funding source; (iv) total amount of funding contributed from other
214	214	204sources, including federal, municipal, private or other sources, to projects awarded financial
215	215	205assistance in this item, delineated by funding source; and (v) estimated economic impact of
216	216	206projects awarded financial assistance in this item; provided further, that upon the completion of a
217	217	207project awarded financial assistance in this item, the executive office shall submit a report to the
218	218	208house and senate committees on ways and means that shall include, but shall not be limited to,
219	219	209the: (i) total cost of the completed project; (ii) total amount of state funds expended on the
220	220	210completed project, delineated by funding source; and (iii) total amount of funding contributed
221	221	211from other sources, including federal, municipal, private or other sources, to the completed
222	222	212project, delineated by funding source; provided further, that not less than 3 years and not more
223	223	213than 4 years following completion of a project awarded financial assistance in this item, the
224	224	214executive office shall submit to the house and senate committees on ways and means a report
225	225	215detailing the estimated economic impact created by the state’s investment in such project; and
226	226	216provided further, that grants or other financial assistance in this item shall only be awarded to
227	227	217projects within municipalities that have been deemed in compliance or interim compliance with 11 of 276
228	228	218the multi-family zoning requirement in section 3A of chapter 40A of the General
229	229	219Laws…....…….……......................................................................$50,000,000
230	230	220 7002-8068For the rural development program established in section 66A of chapter
231	231	22123A of the General Laws....………………………….…................$100,000,000
232	232	222 7002-8069 For a capital grant program to be administered by the executive office of
233	233	223economic development to provide grants or other financial assistance to private businesses that
234	234	224are constructing or expanding commercial, industrial or manufacturing facilities in the
235	235	225commonwealth which may include, but shall not be limited to: (i) the construction or expansion
236	236	226of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling
237	237	227equipment, or incorporates other decarbonization measures that would not otherwise be
238	238	228incorporated into the facility design; (ii) the integration of design features that make a facility
239	239	229more resilient to the impacts of climate change, where such design features would not otherwise
240	240	230be economically feasible; and (iii) capital investments that support the creation of a significant
241	241	231number of new jobs in the commonwealth; provided, that the secretary of economic development
242	242	232shall issue program guidelines around the administration of the program which may include the
243	243	233administration of the program through a contract with the Massachusetts Development Finance
244	244	234Agency established in section 2 of chapter 23G of the General Laws, or any other appropriate
245	245	235quasi-governmental agency………………………………………............$25,000,000
246	246	236 7002-8070For a capital grant program to be administered by the Massachusetts
247	247	237Technology Park Corporation established in section 3 of chapter 40J of the General Laws to
248	248	238support the adoption and application of artificial intelligence capabilities to public policy
249	249	239problems and to leverage emerging artificial intelligence technologies to advance the 12 of 276
250	250	240commonwealth’s lead in technology sectors, including, but not limited to, life sciences,
251	251	241healthcare and hospitals, financial services, advanced manufacturing, robotics and education;
252	252	242provided, that grants shall support capital expenses related to activities that leverage emerging
253	253	243artificial intelligence technologies to advance the commonwealth’s lead in technology sectors,
254	254	244which shall include, but not be limited to, life sciences, healthcare and hospitals, financial
255	255	245services, advanced manufacturing, robotics and education; provided further, that grants shall be
256	256	246awarded and administered in a manner consistent with the strategic goals and priorities of the
257	257	247Artificial Intelligence Strategic Task Force established by executive order 629; provided further,
258	258	248that funds may be used to support the incubation of artificial intelligence firms, advance the
259	259	249adoption of artificial intelligence technologies and support artificial intelligence software and
260	260	250hardware technology development and commercialization activities; and provided further, that
261	261	251not less than $3,000,000 shall be expended to support the establishment of the commonwealth as
262	262	252a leader in applied artificial intelligence in financial services by establishing a Financial
263	263	253Innovation and Research Center in the city of Worcester to conduct research on applied artificial
264	264	254intelligence and machine learning for the financial services sector, establish literacy and
265	265	255education programs in artificial intelligence for students, employees, employers and the public,
266	266	256support entrepreneurship and build an ecosystem for applied research in artificial intelligence
267	267	257and machine learning in the financial services sector..…………….............. $103,000,000
268	268	258 7002-8072 For a competitive program to be administered by the Massachusetts
269	269	259Technology Park Corporation established in section 3 of chapter 40J of the General Laws to
270	270	260provide grants or other financial assistance for infrastructure support for industry-led consortia
271	271	261focused on advancing the commonwealth’s global leadership and growing jobs in key emerging
272	272	262technology sectors, including, but not limited to, quantum information sciences and technology, 13 of 276
273	273	263bioindustrial manufacturing and nontherapeutic biomanufacturing, which may include alternative
274	274	264proteins; provided, that “alternative proteins” shall mean proteins created from plant-based,
275	275	265ferments or cell-cultured inputs and processes to create foods that share sensory characteristics
276	276	266that are consistent with conventional meat and dairy products; provided further, that the grants
277	277	267shall support the development, demonstration, deployment and commercialization of technology
278	278	268in such key emerging technology sectors; provided further, that funds shall be expended for
279	279	269infrastructure that support training, company incubation and acceleration, technology testing and
280	280	270evaluation and other commercial and economic development needs; and provided further, that
281	281	271not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the
282	282	272Pioneer Valley region of the commonwealth……………………………................$115,000,000
283	283	273 7002-8074 For a competitive program to be administered by the Massachusetts
284	284	274Technology Park Corporation established in section 3 of chapter 40J of the General Laws to
285	285	275provide grants and other financial assistance to support research and development of robotics
286	286	276technology including, but not limited to, robotics incubation, testing, training, workforce
287	287	277development, research and development and commercialization activities; provided, that grants
288	288	278may be made to nonprofit entities, public or private universities or private business
289	289	279entities…………………………………………………................$25,000,000
290	290	280 7002-8075For a grant program for cities and towns to support the vitality of
291	291	281downtowns and main streets; provided, that grants may be used for technical assistance to
292	292	282develop, sustain or strengthen business districts, town centers, commercial corridors, cultural
293	293	283districts or other walkable mixed-use areas; provided further, that funds may be used for
294	294	284community planning and investment activities that stimulate economic development, expand
295	295	285entrepreneurship and create jobs in the downtown economy sector and to construct, improve, 14 of 276
296	296	286repair, maintain and protect downtown assets; provided further, that the executive office of
297	297	287economic development may establish additional program requirements through regulations or
298	298	288policy guidelines; provided further, that funds shall be awarded on a competitive basis in
299	299	289accordance with such program requirements; and provided further, that financial assistance
300	300	290offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects
301	301	291geographic and demographic diversity and social and economic equity……………..$9,500,000
302	302	292 SECTION 2A.
303	303	293 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
304	304	294 Office of the Secretary
305	305	295 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42
306	306	296of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation,
307	307	297rehabilitation or other capital improvement or deferred maintenance to cultural facilities;
308	308	298provided, that grants or other financial assistance under this item shall only be awarded to
309	309	299projects within municipalities that have been deemed in compliance or interim compliance with
310	310	300the multi-family zoning requirement in section 3A of chapter 40A of the General
311	311	301Laws…………………………………………………………………………………$50,000,000
312	312	302 1100-2520 For grants or other financial assistance to cities, towns, regional
313	313	303organizations whose membership is exclusively composed of municipal governments, municipal
314	314	304redevelopment authorities or agencies or quasi-governmental agencies to support economic
315	315	305development in the commonwealth, including efforts that support workforce development,
316	316	306higher education, tourism, arts and culture; provided, that eligible purposes of the grants may
317	317	307include, but shall not be limited to, planning and studies, preparation of plans and specifications, 15 of 276
318	318	308site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements,
319	319	309construction, demolition, remediation, modernization and reconstruction of facilities,
320	320	310infrastructure, equipment and other capital assets, technical assistance, and information
321	321	311technology equipment and infrastructure; and provided further, that grants or other financial
322	322	312assistance under this item shall only be awarded to projects within municipalities that have been
323	323	313deemed in compliance or interim compliance with the multi-family zoning requirement in
324	324	314section 3A of chapter 40A of the General Laws……………………………$100,000,000
325	325	315 1100-2521 For the Massachusetts Educational Financing Authority established in
326	326	316section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and
327	327	317others responsible for paying the costs of the student’s education and assist institutions of higher
328	328	318education in supporting access to affordable higher education opportunities………..$85,000,000
329	329	319 1599-1016For local economic development projects; provided, that not less than
330	330	320$10,000,000 shall be expended for infrastructure and other public improvements to support the
331	331	321redevelopment of the Watertown Square section of the city of Watertown; provided further, that
332	332	322not less than $4,000,000 shall be expended for water system needs in the town of Northfield;
333	333	323provided further, that not less than $4,000,000 shall be expended for a research and education
334	334	324regional simulation lab at the Elaine Marieb College of Nursing at the University of
335	335	325Massachusetts at Amherst; provided further, that not less than $1,000,000 shall be expended for
336	336	326design, engineering, repairs and improvements to the King street bridge in the town of
337	337	327Royalston; provided further, that not less than $1,000,000 shall be expended for capital repairs
338	338	328and improvements to the Academy of Music in the city of Northampton; provided further, that
339	339	329not less than $200,000 shall be expended for capital upgrades and improvements to the Veterans
340	340	330of Foreign Wars Parkway in the West Roxbury section of the city of Boston; provided further, 16 of 276
341	341	331that not less than $200,000 shall be expended for capital upgrades and improvements to the West
342	342	332Roxbury parkway in the West Roxbury section of the city of Boston; provided further, that not
343	343	333less than $200,000 shall be expended for capital upgrades and improvements to the Turtle Pond
344	344	334parkway in the Hyde Park section of the city of Boston; provided further, that not less than
345	345	335$200,000 shall be expended for capital upgrades and improvements to the Enneking parkway in
346	346	336the Hyde Park section of the city of Boston; provided further, that not less than $500,000 shall be
347	347	337expended to Habitat for Humanity Greater Boston, Inc. for infrastructure, renovation and
348	348	338development costs at 104 to108 Walter street, inclusive, in the Roslindale section of the city of
349	349	339Boston; provided further, that not less than $250,000 shall be expended for capital upgrades at
350	350	340the Parkway Community YMCA in the West Roxbury section of the city of Boston; provided
351	351	341further, that not less than $250,000 shall be expended for capital upgrades at the Thomas M.
352	352	342Menino YMCA in the Hyde Park section of the city of Boston; provided further, that not less
353	353	343than $100,000 shall be expended to the town of Norwood for improvements to Morse Hill
354	354	344Veterans park; provided further, that not less than $1,000,000 shall be expended for the
355	355	345Roslindale Gateway Path project located in the Roslindale section of the city of Boston; provided
356	356	346further, that no less than $2,000,000 shall be expended to the city of Boston for the design and
357	357	347renovation of Billings field in the West Roxbury neighborhood of the city of Boston; provided
358	358	348further, that not less than $250,000 shall be expended to the town of Walpole to reopen the East
359	359	349Walpole fire station; provided further, that not less than $2,000,000 shall be expended to the
360	360	350department of conservation and recreation to implement an integrated approach for public access
361	361	351and trails and recreation opportunities to enhance visitor experiences at Havey beach located on
362	362	352the Charles river in the West Roxbury section of the city of Boston; provided further, that not
363	363	353less than $1,000,000 shall be expended for Jacob's Pillow Dance Festival, Inc. in the town of 17 of 276
364	364	354Becket for construction and development costs of a new theater; provided further, that not less
365	365	355than $200,000 shall be expended to the Berkshire Regional Planning Commission for business
366	366	356resiliency and succession planning activities; provided further, that not less than $1,000,000 shall
367	367	357be expended for renovation and improvements at the Berkshire Museum in the city of Pittsfield;
368	368	358provided further, that not less than $250,000 shall be expended to Berkshire Community College
369	369	359for the development and improvement of a workforce training and community education facility;
370	370	360provided further, that not less than $250,000 shall be expended to the Berkshire Historical
371	371	361Society for a feasibility study and acquisition, improvement and renovation costs for a Berkshire
372	372	362history center in the city of Pittsfield; provided further, that not less than $500,000 shall be
373	373	363expended to the town of Walpole to engage the necessary planning consultants to repurpose and
374	374	364redevelop the former Massachusetts Correctional Institution - Cedar Junction in the town of
375	375	365Walpole; provided further, that not less than $250,000 shall be expended to the Hilltown Youth
376	376	366Recovery Theater for a feasibility study, acquisition, improvements and capital costs for outdoor
377	377	367adventure-based educational programming and accessibility upgrades; provided further, that not
378	378	368less than $500,000 shall be expended to the Shaker Ridge Trails collaborative for infrastructure
379	379	369improvements and development of mountain bike trails in the towns of Hancock and
380	380	370Lanesborough; provided further, that that not less than $500,000 shall be expended for well
381	381	371water infrastructure improvements in the town of Clarksburg and the city of North Adams for
382	382	372economic sustainability at the state highway route 2 hairpin turn corridor; provided further, that
383	383	373not less than $1,000,000 shall be expended to construct the gateway district sewer extension in
384	384	374the town of Lenox; provided further, that not less than $1,000,000 shall be expended to the city
385	385	375of Pittsfield for improvements, development and reconstruction of the historic Wahconah park;
386	386	376provided further, that not less than $500,000 shall be expended to the Massachusetts 18 of 276
387	387	377Biotechnology Education Foundation, Inc. for equipment, technology and other educational
388	388	378resources to support and expand the Life Sciences Career Hub and its workforce and
389	389	379apprenticeship programs; provided further, that not less than $2,000,000 shall be expended to the
390	390	380Carroll Center for the Blind, Inc. for the renovation of its residential-based independent living
391	391	381and workforce development training facilities; provided further, that not less than $1,000,000
392	392	382shall be expended to the city of Gloucester for planning and design of wastewater collection and
393	393	383treatment infrastructure projects; provided further, that not less than $500,000 shall be expended
394	394	384to the city of Newburyport for the installation of lights on State street and other economic
395	395	385development projects; provided further, that not less than $500,000 shall be expended to the
396	396	386town of Ipswich for economic development projects; provided further, that not less than
397	397	387$500,000 shall be expended to the town of Newbury for economic development projects;
398	398	388provided further, that not less than $500,000 shall be expended to the town of Salisbury for
399	399	389economic development projects; provided further, that not less than $500,000 shall be expended
400	400	390to the town of Rowley for economic development projects; provided further, that not less than
401	401	391$500,000 shall be expended to the town of Wenham for economic development projects;
402	402	392provided further, that not less than $500,000 shall be expended to the town of Manchester-By-
403	403	393The-Sea for economic development projects; provided further, that not less than $500,000 shall
404	404	394be expended to the town of Topsfield for economic development projects; provided further, that
405	405	395not less than $500,000 shall be expended to the town of Boxford for economic development
406	406	396projects; provided further, that not less than $500,000 shall be expended to the town of Rockport
407	407	397for economic development projects; provided further, that not less than $500,000 shall be
408	408	398expended to the town of Middleton for economic development projects; provided further, that
409	409	399not less than $500,000 shall be expended to the town of Hamilton for economic development 19 of 276
410	410	400projects; provided further, that not less than $500,000 shall be expended to the town of West
411	411	401Newbury for economic development projects; provided further, that not less than $500,000 shall
412	412	402be expended for the town of Essex for economic development projects; provided further, that not
413	413	403less than $500,000 shall be expended to the town of Georgetown for economic development
414	414	404projects; provided further, that not less than $500,000 shall be expended to the town of
415	415	405Groveland for economic development projects; provided further, that not less than $500,000
416	416	406shall be expended to the town of North Reading for economic development projects; provided
417	417	407further, that not less than $500,000 shall be expended to the town of North Andover for
418	418	408economic development projects; provided further, that not less than $5,000,000 shall be
419	419	409expended to the USS Constitution Museum to plan, design and fabricate dynamic interactive
420	420	410exhibits to offer a world-class introduction in a new gateway facility; provided further, that not
421	421	411less than $2,000,000 shall be expended for a new fire public safety facility in the city of Everett;
422	422	412provided further, that not less than $2,000,000 shall be expended for the planning, design and
423	423	413construction of public infrastructure projects along the state highway route 99 corridor in the city
424	424	414of Everett; provided further, that not less than $5,000,000 shall be expended for infrastructure
425	425	415improvements in the Arlington section of the city of Methuen including, but not limited to,
426	426	416drainage and sewerage, road pavement, engineering costs and business outreach; provided
427	427	417further, that not less than $1,000,000 shall be expended to the city of Lawrence for the Lawrence
428	428	418gateway project brownfield assessment to support planning and redevelopment for mixed use
429	429	419economic development, affordable housing, structured parking solar energy and energy
430	430	420efficiency; provided further, that not less than $1,000,000 shall be expended for the renovation of
431	431	421the O’Connell South Common in the city of Lawrence including, but not limited to, the
432	432	422completion of asbestos abatement, lead paint remediation and brick renovation and concrete 20 of 276
433	433	423masonry in the Vandekerkove bandstand; provided further, that not less than $1,000,000 shall be
434	434	424expended to the town of Bedford for public infrastructure related to the proposed fire station at
435	435	425139 Great road in the town of Bedford; provided further, that not less than $200,000 shall be
436	436	426expended to conduct a planning study to identify a secondary water source to support future
437	437	427housing and commercial growth in the town of Rutland; provided further, that not less than
438	438	428$1,000,000 shall be expended for improvements to the downtown area in the city of Gardner;
439	439	429provided further, that not less than $50,000 shall be expended for safety improvements at the
440	440	430intersection of Main street and state highway route 56 in the town of Rutland; provided further,
441	441	431that not less than $1,000,000 shall be expended for water and sewer rehabilitation upgrades in
442	442	432the town of Spencer; provided further, that not less than $500,000 shall be expended for
443	443	433upgrades to the pre-kindergarten and kindergarten school building in the town of Phillipston;
444	444	434provided further, that not less than $1,000,000 shall be expended for PFAS mitigation in the
445	445	435town of Princeton; provided further, that not less than $1,000,000 shall be expended for the
446	446	436establishment of a public safety complex in the town of West Brookfield; provided further, that
447	447	437not less than $250,000 shall be expended for the preparation of the demolition plan and RAM
448	448	438plan at the brownfield site in the town of Holden; provided further, that not less than $1,000,000
449	449	439shall be expended for capital expenditures in the town of Concord for events related to its two
450	450	440hundred and fiftieth anniversary celebration; provided further, that not less than $1,880,000 shall
451	451	441be expended to the city of Agawam for installing a new roofing system at the department of
452	452	442public works annex facility; provided further, that not less than $1,000,000 shall be expended for
453	453	443capital expenditures in the town of Lexington for events related to its two hundred and fiftieth
454	454	444anniversary celebration; provided further, that not less than $90,000 shall be expended to city of
455	455	445Easthampton to develop the Easthampton Arts Hub; provided further, that not less than 21 of 276
456	456	446$2,700,000 shall be expended for the town of Barnstable for infrastructure improvements and
457	457	447other upgrades at Bismore Park Marina, the Marina at Prince Cove and Barnstable Harbor
458	458	448Marina; provided further, that not less than $2,300,000 shall be expended to the town of Eastham
459	459	449for the implementation and construction of a village center in the North Eastham section of the
460	460	450town of Eastham; provided further, that not less than $100,000 shall be expended to city of
461	461	451Holyoke to support the Transformative Development Initiative fellow program; provided further,
462	462	452that not less than $5,000,000 shall be expended to the town of Provincetown for engineering,
463	463	453permitting and other costs associated with the construction of a visitors’ center for Stellwagen
464	464	454Bank National Marine Sanctuary; provided further, that not less than $100,000 shall be expended
465	465	455to the city of Holyoke for the purchase of new vehicles; provided further, that not less than
466	466	456$1,200,000 shall be expended to the town of Montgomery for culvert replacement on Main road;
467	467	457provided further, that not less than $100,000 shall be expended to the town of Russell for the
468	468	458planning and development of a new playground; provided further, that not less than $1,000,000
469	469	459shall be expended to the town of Southampton for construction of a new public safety complex;
470	470	460provided further, that not less than $500,000 shall be expended for capital expenditures in the
471	471	461town of Lincoln for events related to its fiftieth anniversary celebration; provided further, that
472	472	462not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements
473	473	463to Turnpike Industrial road; provided further, that not less than $500,000 shall be expended to
474	474	464the city of Westfield for infrastructure improvements to Westfield Industrial Park road; provided
475	475	465further, that not less than $250,000 shall be expended to the city of Westfield for capital
476	476	466investments in equipment at Westfield Technical Academy; provided further, that not less than
477	477	467$500,000 shall be expended to the Westfield-Barnes Regional Airport for costs associated with
478	478	468designing, developing and constructing a new access taxiway to the southwest quadrant; 22 of 276
479	479	469provided further, that not less than $1,980,000 shall be expended to Westfield State University
480	480	470for the development and construction of a new mental health hub to address workforce shortages
481	481	471in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not
482	482	472less than $1,500,000 shall be expended to the city of West Springfield for building
483	483	473redevelopment on Westfield street to promote economic development; provided further, that not
484	484	474less than $200,000 shall be expended to the city of Attleboro for the wayfinding signage
485	485	475program; provided further, that not less than $500,000 shall be expended for the Berkshire
486	486	476Community Land Trust Farmsteads for Farmers River Run Farm redevelopment project in the
487	487	477town of Great Barrington; provided further, that not less than $500,000 shall be expended to the
488	488	478town of Southwick for inland dredging of Lake Congamond; provided further, that not less than
489	489	479$500,000 shall be expended for the acquisition and development of and improvements to a new
490	490	480facility for Elizabeth Freeman Center, Inc. in the city of Pittsfield; provided further, that not less
491	491	481than $500,000 shall be expended for the Adams Memorial school building revitalization project
492	492	482in the town of Adams; provided further, that not less than $1,000,000 shall be expended to Irish
493	493	483Cultural Centre, Inc. for restoration and improvements at the cultural center facility in the town
494	494	484of Canton; provided further, that not less than $1,000,000 shall be expended for the Millicent
495	495	485Library in the town of Fairhaven for heating, ventilation, and air conditioning system upgrades;
496	496	486provided further, that not less than $100,000 shall be expended for infrastructure improvements
497	497	487that support downtown revitalization in the town of Millbury; provided further, that not less than
498	498	488$1,000,000 shall be expended for infrastructure improvements that support transportation to and
499	499	489from business districts in the town of Auburn; provided further, that not less than $600,000 shall
500	500	490be expended to the town of Pepperell for the repointing of masonry and other restorations to the
501	501	491Lawrence Library; provided further, that not less than $600,000 shall be expended to the town of 23 of 276
502	502	492Tyngsborough for the development of the new department of public works headquarters;
503	503	493provided further, not less than $100,000 shall be expended to the Westborough public schools for
504	504	494the purchase of a wheelchair accessible vehicle for the Bridging Over to Right Opportunities
505	505	495program; provided further, that not less than $1,300,000 shall be expended to the town of
506	506	496Dunstable for the water main replacement project on Main street, Hillcrest street and Lowell
507	507	497street; provided further, that not less than $5,000,000 shall be expended to the Boys & Girls Club
508	508	498of Greater Lowell, Inc. for the repair and renovation of its property at Middlesex street in the city
509	509	499of Lowell to allow for the expansion and creation of programs to provide workforce development
510	510	500training, aid in closing the academic achievement gap and for the creation of permanent new jobs
511	511	501in the city of Lowell; provided further, that not less than $500,000 shall be expended to Martha
512	512	502Eliot Health Center for capital improvements; provided further, that not less than $500,000 shall
513	513	503be expended for repairs and improvements to the One Grafton Common building in the town of
514	514	504Grafton; provided further, than not less than $1,500,000 shall be expended for traffic
515	515	505improvements to Hartford avenue in the towns of Bellingham and Medway; provided further,
516	516	506that not less than $500,000 shall be expended to implement new branding and wayfinding in the
517	517	507city known as the town of Franklin; provided further, than not less than $1,000,000 shall be
518	518	508expended for extending the sidewalk between Pound street and Main street in the town of
519	519	509Medfield; provided further, that not less than $1,000,000 shall be expended to The Dimock
520	520	510Center in the Roxbury section of the city of Boston for capital improvements and expansion of
521	521	511community health center services; provided further, that not less than $2,000,000 shall be
522	522	512expended to the city of Chelsea to fund construction at the Latimer Overlook public open space
523	523	513in the waterfront section of the city of Chelsea; provided further, that not less than $250,000 shall
524	524	514be expended for public safety building upgrades in the town of Berlin; provided further, than not 24 of 276
525	525	515less than $400,000 shall be expended for stormwater and water infrastructure improvements in
526	526	516the town of Sherborn; provided further, that not less than $500,000 shall be expended to the town
527	527	517of Northborough for infrastructure improvements for veterans; provided further, that not less
528	528	518than $1,000,000 shall be expended for business district sidewalk upgrades in the town of West
529	529	519Boylston; provided further, that not less than $1,215,500 shall be expended to the city of Quincy
530	530	520for predredging activities including, but not limited to, mobilization, site preparation, removal
531	531	521and reinstallation of floating docks and piles and demobilization in Quincy bay and beach
532	532	522restoration in the Merrymount section of the city of Quincy; provided further, that not less than
533	533	523$1,784,500 shall be expended to the city of Quincy for economic development projects; provided
534	534	524further, that not less than $1,750,000 shall be expended to the town of Abington for economic
535	535	525development projects; provided further, that not less than $1,750,000 shall be expended to the
536	536	526town of Hanover for economic development projects; provided further, that not less than
537	537	527$1,750,000 shall be expended to the town of Holbrook for economic development projects;
538	538	528provided further, that not less than $1,750,000 shall be expended to the town of Rockland for
539	539	529economic development projects; provided further, that not less than $4,000,000 shall be
540	540	530expended for the construction of a new fire station in the town of Boylston; provided further, that
541	541	531not less than $1,000,000 shall be expended for neighborhood revitalization in the city of
542	542	532Worcester; provided further, that not less than $500,000 shall be expended to Mattapan
543	543	533Community Health Center, Inc. for capital improvements; provided further, than not less than
544	544	534$1,500,000 shall be expended for the renovation of Great Plain avenue in the town of Needham;
545	545	535provided further, that not less than $1,000,000 shall be expended for FORGE to sustain and
546	546	536expand a statewide program which promotes manufacturing and innovation, including climate
547	547	537tech, through the support of hardtech startup manufacturing readiness and local supply chains; 25 of 276
548	548	538provided further, that not less than $1,000,000 shall be expended for the Blackstone Valley
549	549	539Chamber of Commerce, Inc. in the village of Whitinsville in the town of Northbridge for
550	550	540regional economic development initiatives; provided further, that not less than $1,000,000 shall
551	551	541be expended to the town of Monson for construction of a salt shed; provided further, that not less
552	552	542than $1,500,000 shall be expended for the Monson Developmental Center in the town of Monson
553	553	543for economic development projects; provided further, that not less than $2,000,000 shall be
554	554	544expended for economic development opportunities on state highway route 146A in the town of
555	555	545Uxbridge; provided further, that not less than $500,000 shall be expended to the Brimfield
556	556	546Antique Show in the town of Brimfield for economic development; provided further, that not
557	557	547less than $2,500,000 shall be expended for water, sewer and road improvements to promote
558	558	548economic development opportunities on state highway route 16 in the towns of Mendon and
559	559	549Hopedale; provided further, that not less than $1,000,000 shall be expended for the revitalization
560	560	550project at the former Berkshire Trail elementary school building in the town of Cummington;
561	561	551provided further, that not less than $5,000,000 shall be expended to Massachusetts Bay
562	562	552Community College for the design and construction of the center for cybersecurity education;
563	563	553provided further, that not less than $2,700,000 shall be expended for the renovation of the train
564	564	554depot in the town of Stoughton; provided further, that not less than $150,000 shall be expended
565	565	555to the town of Bridgewater for infrastructure improvements; provided further, that not less than
566	566	556$1,000,000 shall be expended to the Children's Museum in Easton to support capital
567	567	557improvement projects and infrastructure upgrades; provided further, that not less than $750,000
568	568	558shall be expended to replace the ramp and seawall at Milton landing in the town of Milton;
569	569	559provided further, that not less than $100,000 shall be expended to the town of Milton to support
570	570	560infrastructure improvements; provided further, that not less than $100,000 shall be expended for 26 of 276
571	571	561sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less
572	572	562than $100,000 shall be expended to the town of West Bridgewater for the construction of a water
573	573	563treatment plant; provided further, that not less than $100,000 shall be expended to the town of
574	574	564West Bridgewater for the maintenance of athletic fields; provided further, that not less than
575	575	565$525,000 shall be expended to the Turner Free Library in the city known as the town of
576	576	566Randolph to improve accessibility pursuant to the Americans with Disabilities Act; provided
577	577	567further, that not less than $575,000 shall be expended to the Jonathan Belcher House in the city
578	578	568known as the town of Randolph for renovations to support accessibility pursuant to the
579	579	569Americans with Disabilities Act; provided further, that not less than $1,000,000 shall be
580	580	570expended for capital upgrades at the Italian Home for Children located in the Jamaica Plain
581	581	571section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to
582	582	572the city of Chelsea to fund the design, permitting and community engagement efforts in creating
583	583	573resilience to coastal flooding and extreme precipitation along a Critical Urban Freight Corridor
584	584	574on Eastern avenue and Marginal street; provided further, that not less than $250,000 shall be
585	585	575expended to Roslindale Village Main Street, Inc., located in the Roslindale section of the city of
586	586	576Boston for planning and development projects related to economic development; provided
587	587	577further, that not less than $250,000 shall be expended to West Roxbury Main Streets, Inc.,
588	588	578located in the West Roxbury section of the city of Boston for planning and development projects
589	589	579related to economic development; provided further, that not less than $250,000 shall be
590	590	580expended to Hyde Park Main Streets, Inc., located in the Hyde Park section of the city of Boston
591	591	581for planning and development projects related to economic development; provided further, that
592	592	582not less than $250,000 shall be expended to Centre/South Main Streets, Inc., located in the
593	593	583Jamaica Plain section of the city of Boston for planning and development projects related to 27 of 276
594	594	584economic development; provided further, that not less than $10,000,000 shall be expended for
595	595	585improvements to the intersection of state highway route 2, Taylor road and Piper road in the
596	596	586town of Acton and the state highway route 2 rotary in the town of Concord; provided further, that
597	597	587not less than $3,000,000 shall be expended to the West Newton Cinema Foundation, Inc. for
598	598	588capital repairs and improvements to support its educational, community and cultural
599	599	589programming; provided further, that not less than $10,000,000 shall be expended for the
600	600	590renovation of and capital improvements to the Bristol county superior courthouse in the city of
601	601	591Taunton; provided further, that not less than $2,000,000 shall be expended to GreenRoots, Inc. in
602	602	592the city of Chelsea for capital projects to promote green space access, environmental
603	603	593programming and climate resiliency; provided further, that not less than $10,000,000 shall be
604	604	594expended to the Massachusetts Department of Transportation for corridor and safety
605	605	595improvements along state highway route 3A and adjacent roadways in the city known as the
606	606	596town of Weymouth and the towns of Hingham, Hull, Cohasset, Scituate, Norwell, Marshfield
607	607	597and Duxbury; provided further, that not less than $1,500,000 shall be expended to the city of
608	608	598Haverhill to support local businesses and entrepreneurship including, but not limited to signage;
609	609	599provided further, that not less than $1,500,000 shall be expended to the city of Lawrence to
610	610	600support local businesses and entrepreneurship through means including, but not limited to,
611	611	601signage; provided further, that not less than $150,000 shall be expended to the Cape Cod
612	612	602Chamber of Commerce and the Cape Cod commission to support the deployment of electric
613	613	603vehicle charging stations in the Cape Cod region by analyzing industry and local trends, creating
614	614	604installation and grant guides, conducting outreach and support activities and developing a pilot
615	615	605incentive program to encourage electric vehicle usage; provided further, that not less than
616	616	606$12,000,000 shall be expended to the Marine Biological Laboratory for construction, renovations 28 of 276
617	617	607and infrastructure improvements to support the Imaging Innovation Initiative in Woods Hole in
618	618	608the town of Falmouth; provided further, that not less than $50,000 shall be expended to the town
619	619	609of Chelmsford for beautification improvements to increase economic development and provide
620	620	610an improved neighborhood streetscape in the Vinal square area; provided further, that not less
621	621	611than $100,000 shall be expended to Plymouth Regional Economic Development Foundation, Inc.
622	622	612for capital and equipment upgrades for commercial shared kitchens and food manufacturers to
623	623	613support local economic development; provided further, that not less than $250,000 shall be
624	624	614expended to the town of Plymouth for costs associated with relieving zoning impediments to
625	625	615additional housing and commercial development; provided further, that not less than $50,000
626	626	616shall be expended to the city of Easthampton for business and building improvements to promote
627	627	617economic development; provided further, that not less than $1,000,000 shall be expended to the
628	628	618Leicester Water Supply District for capital improvements; provided further, that not less than
629	629	619$500,000 shall be expended to the Greater Gardner Chamber of Commerce for economic
630	630	620development projects within the community; provided further, that not less than $500,000 shall
631	631	621be expended to the Wachusett Area Chamber of Commerce, Inc. for economic development
632	632	622projects within the community; provided further, that not less than $1,000,000 shall be expended
633	633	623to the town of Leicester for the repair and rehabilitation of the former Leicester middle school
634	634	624building to support economic development and the creation of training opportunities; provided
635	635	625further, that not less than $2,000,000 shall be expended for the conversion certain buildings of
636	636	626the Templeton Developmental Center for use by the environmental police; provided further, that
637	637	627not less than $10,000,000 shall be expended to the economic development and industrial
638	638	628corporation of the city of Lynn for infrastructure improvements on the waterfront; provided
639	639	629further, that not less than $250,000 shall be expended to the city of Holyoke for the Holyoke 29 of 276
640	640	630Redevelopment Authority to pursue local economic projects; provided further, that not less than
641	641	631$500,000 shall be expended to the Malden Senior Center for capital improvements; provided
642	642	632further, that not less than $250,000 shall be expended to the city of Malden for a feasibility study
643	643	633for a teen or intergenerational center; provided further, that not less than $1,000,000 shall be
644	644	634expended to the Edgar P. Benjamin Healthcare Center, Inc. to support the development of a
645	645	635state-of-the-art dialysis treatment center; provided further, that not less than $500,000 shall be
646	646	636expended to Justice For Housing, Inc. for capital improvements to and the expansion of Brie's
647	647	637House to continue to provide safe and stable temporary housing and wraparound stabilization
648	648	638services to formerly incarcerated people; provided further, that not less than $1,000,000 shall be
649	649	639expended for the planning and development of a Cabo Verdean cultural center in the city of
650	650	640Boston; provided further, that not less than $500,000 shall be expended for beach revitalization
651	651	641efforts in the town of Falmouth; provided further, that not less than $150,000 shall be expended
652	652	642for the department of conservation and recreation for an arts and culture installation in section II
653	653	643of Southwest Corridor park at Columbus avenue between Tremont street and Heath street;
654	654	644provided further, that not less than $10,000,000 shall be expended for necessary and urgent
655	655	645sustainability, accessibility and structural improvements to the Tower Building at the
656	656	646Massachusetts College of Art and Design; provided further, that not less than $1,000,000 shall be
657	657	647expended to CommonWealth Kitchen, Inc. for expansion of its nonprofit food business incubator
658	658	648and urban food manufacturing social enterprise in support of the local food economy; provided
659	659	649further, that not less than $1,000,000 shall be expended to Urban League of Eastern
660	660	650Massachusetts, Inc. in the Roxbury section of the city of Boston for capital improvements,
661	661	651equipment procurement and increased workforce development capacity for the clean energy
662	662	652economy; provided further, that not less than $5,000,000 shall be expended to the Reading senior 30 of 276
663	663	653center for the construction of a new facility; provided further, that not less than $100,000 shall be
664	664	654expended to Talented and Gifted Association, Inc. for the purchase of a bus for the Boston
665	665	655Mobile Desegregation Museum; provided further, that not less than $9,000,000 shall be
666	666	656expended to support mixed used development and the creation of affordable housing in the
667	667	657redevelopment project at Suffolk Downs in the cities of Boston and Revere; provided further,
668	668	658that such funds shall not be expended until the obligations in the cooperation agreement to fund
669	669	659on a dollar-for-dollar basis for the East Boston Housing Stabilization Trust Fund are fulfilled;
670	670	660provided further, that not less than $500,000 shall be expended to the Whittier Street Health
671	671	661Center for capital improvements; provided further, that not less than $3,000,000 shall be
672	672	662expended to the town of Foxborough for the feasibility and design of regional sewer
673	673	663infrastructure along the United States highway Route 1 corridor in the town of Foxborough and
674	674	664nearby municipalities in the region; provided further, that not less than $2,000,000 shall be
675	675	665expended to the town of Mansfield for the construction of a council on aging facility; provided
676	676	666further, that not less than $2,000,000 shall be expended for the dredging of the Ten Mile river in
677	677	667the city known as the town of North Attleborough; provided further, that not less than $300,000
678	678	668shall be expended to Berkshire Black Economic Council for the acquisition, development and
679	679	669improvement of a new facility for economic development in the city of Pittsfield; provided
680	680	670further, that not less than $250,000 shall be expended for renovations and improvements to
681	681	671Memorial Hall in the town of Shelburne; provided further, that not less than $900,000 shall be
682	682	672expended for a water transportation vessel for the city known as the town of Winthrop for an
683	683	673express route inner harbor ferry; provided further, that not less than $500,000 shall be expended
684	684	674to the town of Cheshire for renovations, improvements and development of the municipal
685	685	675building at the former Cheshire elementary school provided further, that not less than $500,000 31 of 276
686	686	676shall be expended to New North Citizens Council, Inc. for construction costs associated with the
687	687	677Joshua's house program; provided further, that not less than $1,000,000 shall be expended to
688	688	678Develop Springfield Corporation to support the adaptive reuse of residential and commercial
689	689	679space at the intersection of Main street and State street in the city of Springfield; provided
690	690	680further, that not less than $1,000,000 shall be expended to American International College for
691	691	681necessary capital improvements and repairs to Courniotes Hall to support student enrichment and
692	692	682programming, including public health; provided further, that not less than $1,000,000 shall be
693	693	683expended to the city of Chicopee for a water pollution control pump station and combined sewer
694	694	684overflow facility improvements; provided further, that not less than $250,000 shall be expended
695	695	685to the Massachusetts LGBT Chamber of Commerce, Inc. for economic development projects;
696	696	686provided further, that not less than $8,750,000 shall be expended to the Massachusetts
697	697	687Department of Transportation for the construction of a rail spur connecting Joint Base Cape Cod
698	698	688to the Cape Cod Central Railroad; provided further, that not less than $1,500,000 shall be
699	699	689expended to Hockomock Young Men’s Christian Association, Inc. for the design and
700	700	690construction of a food security hub in the town of Plainville to serve the surrounding
701	701	691communities; provided further, that not less than $300,000 shall be expended to Hebron Food
702	702	692Pantry for costs associated with the relocation of the food pantry to 40 Emory street in the city of
703	703	693Attleboro, including necessary upgrades and renovations; provided further, that not less than
704	704	694$150,000 shall be expended to the Massachusetts Bay Transportation Authority for a Fairmount
705	705	695line beautification and restoration project; provided further, that not less than $1,000,000 shall be
706	706	696expended to the North End Housing Initiative, Inc. in the city of Springfield for the planning and
707	707	697development of public affordable housing at Springfield Pharmacy at the intersection of Main
708	708	698street and Waverly street; provided further, that not less than $500,000 shall be expended to the 32 of 276
709	709	699Salvation Army donation center in the city of Springfield for capital improvements to improve
710	710	700accessibility to affordable durable goods and textiles in the community; provided further, that not
711	711	701less than $2,500,000 shall be expended to the Lowell Community Health Center, Inc. for
712	712	702renovations to support the Family Medicine Residency program; provided further, that not less
713	713	703than $1,000,000 shall be expended to the city of Boston to acquire or renovate space for the
714	714	704establishment of a community health center in the Hyde Park section of the city of Boston to
715	715	705expand neighborhood-based health services; provided further, that not less than $840,000 shall
716	716	706be expended to the Zeiterion Performing Arts Center, Inc. for reopening planning and capital
717	717	707support; provided further, that not less than $1,000,000 shall be expended to the Black Economic
718	718	708Council of Massachusetts, Inc. for planning, renovations, improvements, construction, the
719	719	709modernization of facilities, infrastructure, equipment and other capital needs located in Nubian
720	720	710square in the city of Boston to promote economic development in the community; provided
721	721	711further, that not less than $250,000 shall be expended to the Family Health Center of Worcester,
722	722	712Inc. for the creation of a capital master plan, including workforce housing, for the campus at 26
723	723	713Queen street in the city of Worcester; provided further, that not less than $1,000,000 shall be
724	724	714expended for the rehabilitation and restoration of the Ionic avenue Boys’ Club building located at
725	725	7152 Ionic avenue in the city of Worcester to transform the space into a community arts center;
726	726	716provided further, that not less than $500,000 shall be expended to Panlyfe Project 333 to address
727	727	717food insecurity in the Mattapan section of the city of Boston; provided further, that not less than
728	728	718$2,000,000 shall be expended to the city of Worcester Redevelopment Authority for urban
729	729	719revitalization plan implementation; provided further, that not less than $500,000 shall be
730	730	720expended to the city of Beverly for a consultant to provide construction phase services on behalf
731	731	721of the city; provided further, that not less than $1,000,000 shall be expended to the city of 33 of 276
732	732	722Beverly for the Brimbal Avenue Phase II infrastructure project; provided further, that not less
733	733	723than $150,000 shall be expended to We Are Better Together Warren Daniel Hairston Project, Inc
734	734	724in the Roxbury section of the city of Boston to support its mission to heal those affected by
735	735	725violence and incarceration and expand its headquarters; provided further, that not less than
736	736	726$1,000,000 shall be expended to the city of Beverly to reconstruct the roadways including, but
737	737	727not limited to, L.P. Henderson road, Sam Fonzo drive and Cherry Hill drive; provided further,
738	738	728that not less than $3,000,000 shall be expended to the town of East Longmeadow for
739	739	729improvements to the intersection of North Main street, Mapleshade avenue and Westwood
740	740	730avenue; provided further, that not less than $3,500,000 shall be expended to the town of Palmer
741	741	731for the replacement and expansion of a sewer siphon at Thorndike street; provided further, that
742	742	732not less than $230,000 shall be expended to the Wilbraham public library in the town of
743	743	733Wilbraham to replace the chiller and update the main floor; provided further, that not less than
744	744	734$500,000 shall be expended to the University of Massachusetts’ Cold Spring Orchard Research
745	745	735and Education Center for building and facilities improvements in the town of Belchertown;
746	746	736provided further, that not less than $300,000 shall be expended to town of Warren to purchase an
747	747	737old train depot to be used for the design of the town common; provided further, that not less than
748	748	738$300,000 shall be expended to the town of South Hadley for reconstruction of Buttery Brook
749	749	739park; provided further, that not less than $100,000 shall be expended to the town of Hampden for
750	750	740the expansion, design and remediation of the fire station; provided further, that not less than
751	751	741$10,000,000 shall be expended on capital improvements to the state pier facility in the city of
752	752	742New Bedford which may include, but shall not be limited to, a multi-use facility for water
753	753	743dependent cargo, commercial fishing improvements, commercial marine transportation
754	754	744improvements, marine educational facilities and fresh produce and fish market space and for 34 of 276
755	755	745planning, design, engineering and construction costs associated with an extension of the
756	756	746commuter rail line in the city of New Bedford to connect passengers with the ongoing mixed-use
757	757	747development of the state pier to access ferry services, the Schooner Ernestina-Morrissey and
758	758	748other uses related to tourism and public recreation connecting the working waterfront to the arts
759	759	749and cultural center in the downtown area of the city of New Bedford; provided further, that said
760	760	750funds shall be in addition to funds authorized pursuant to item 6720-1350 of chapter 286 of the
761	761	751acts of 2014; provided further, that not less than $1,600,000 shall be expended to the town of
762	762	752Ludlow to help revitalize the East street corridor; provided further, that not less than $2,500,000
763	763	753shall be expended to the city of Danvers for the implementation of the Lebel Grove property’s
764	764	754conceptual design including, but not limited to, passive recreation, outdoor classrooms and event
765	765	755space; provided further, that not less than $1,000,000 shall be expended to the city of Salem for
766	766	756the redevelopment of the Courthouse Complex project in the city of Salem; provided further, that
767	767	757not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the old
768	768	758town hall; provided further, that not less than $500,000 shall be expended to the city of Salem for
769	769	759the redevelopment of the Peabody street park and South River harbor walk connected to the El
770	770	760Centro project; provided further, that not less than $250,000 shall be expended to the Avon
771	771	761council on aging for improvements to the Memory Cafe to serve senior citizens experiencing
772	772	762dementia; provided further, that not less than $300,000 shall be expended to the Halifax council
773	773	763on aging for technology, computer lab stations and senior wellness equipment for the audio-
774	774	764video room; provided further, that not less than $500,000 shall be expended for structural
775	775	765improvements and renovations to Stetson Hall in the city known as the town of Randolph;
776	776	766provided further, that not less than $500,000 shall be expended to Wildlands Trust, Inc. for
777	777	767infrastructure that supports water quality, wildlife habitat and community activity at D.W. Field 35 of 276
778	778	768park in the city of Brockton; provided further, that not less than $250,000 shall be expended for
779	779	769Downtown Brockton Association, Inc. to establish a business improvement district and
780	780	770implement programs in the downtown area of the city of Brockton; provided further, that not less
781	781	771than $2,000,000 shall be expended for the acquisition and design of sidewalks located on state
782	782	772highway route 58 and state highway route 14 in the town of Whitman; provided further, that not
783	783	773less than $2,000,000 shall be expended for the planning and design of the pedestrian crossing
784	784	774signals at the intersection of state highway route 18 and North Bedford street in the town of East
785	785	775Bridgewater; provided further, that not less than $2,000,000 shall be expended for the acquisition
786	786	776and design costs associated with the reconstruction of the intersection located at state highway
787	787	777route 27, North Quincy street and Massasoit boulevard in the city of Brockton including, but not
788	788	778limited to, assessment and potential resolution to the culvert nearby; provided further, that not
789	789	779less than $2,000,000 shall be expended for the Old Colony Planning Council, in collaboration
790	790	780with the metropolitan area planning council, the Southeastern Regional Planning and Economic
791	791	781Development District and the Cape Cod commission to develop a preliminary plan and design of
792	792	782the Frederick Douglas tunnel program within the regions and the cities of Boston, Brockton and
793	793	783New Bedford and create connectivity to places of public significance and the underground
794	794	784railroad; provided further, that not less than $1,000,000 shall be expended to United South End
795	795	785Settlements for the completion of the its facilities improvement project to create additional
796	796	786classroom space and upgrade infrastructure for low-income students in its early childhood
797	797	787education program; provided further, that not less than $500,000 shall be expended to Focus
798	798	788Springfield, Inc. for technology and translation service upgrades; provided further, that not less
799	799	789than $2,000,000 shall be expended to the Springfield Housing Authority for the construction of a
800	800	790joint community laundry facility; provided further, that not less than $1,000,000 shall be 36 of 276
801	801	791expended to Square One 947 Main Corporation to make capital improvements and repairs to
802	802	792community programming facilities; provided further, that not less than $1,000,000 shall be
803	803	793expended to the Boys & Girls Club Family Center, Inc. for the construction and maintenance of
804	804	794facilities; provided further, that not less than $275,000 shall be expended for the roadway
805	805	795reconstruction of North Main street in the town of Belchertown; provided further, that not less
806	806	796than $720,000 shall be expended to the town of Dover for economic development projects;
807	807	797provided further, that not less than $720,000 shall be expended to the town of Milford for
808	808	798economic development projects; provided further, that not less than $720,000 shall be expended
809	809	799to the town of Millis for economic development projects; provided further, that not less than
810	810	800$720,000 shall be expended to the town of Plainville for economic development projects;
811	811	801provided further, that not less than $720,000 shall be expended to the town of Wrentham for
812	812	802economic development projects; provided further, that not less than $195,000 shall be expended
813	813	803to the town of Longmeadow to regrade and improve the Glenbrook field at Glenbrook middle
814	814	804school; provided further, than not less than $1,500,000 shall be expended to the town of Norfolk
815	815	805for educational upgrades and improvements; provided further, that not less than $200,000 shall
816	816	806be expended for the town of Hanson to develop a regional pond management plan; provided
817	817	807further, that not less than $1,500,000 shall be expended to the city of Peabody to offset the costs
818	818	808of the new Peabody public safety facility; provided further, that not less than $200,000 shall be
819	819	809expended to Uphams Corner Main Streets to support infrastructure needs of main street
820	820	810businesses, including improvements to abutting public spaces; provided further, that not less than
821	821	811$200,000 shall be expended to Greater Ashmont Main Streets to support infrastructure needs of
822	822	812main street businesses, including improvements to abutting public spaces; provided further, that
823	823	813not less than $200,000 shall be expended to Fields Corner Main Streets to support infrastructure 37 of 276
824	824	814needs of main street businesses, including improvements to abutting public spaces; provided
825	825	815further, that not less than $200,000 shall be expended to Four Corners Main Streets to support
826	826	816infrastructure needs of main street businesses, including improvements to abutting public spaces;
827	827	817provided further, that not less than $200,000 shall be expended to Chinatown Main Streets to
828	828	818support infrastructure needs of main street businesses, including improvements to abutting public
829	829	819spaces; provided further, that not less than $200,000 shall be expended to Bowdoin Geneva Main
830	830	820Streets to support infrastructure needs of main street businesses, including improvements to
831	831	821abutting public spaces; provided further, that not less than $1,000,000 shall be expended to the
832	832	822city of Peabody for the site redevelopment of the Rousselot Factory; provided further, that not
833	833	823less than $5,000,000 shall be expended to Worcester Polytechnic Institute to establish an
834	834	824Innovation Hub for Recovery and Regeneration to serve as a focal point in research, workforce
835	835	825development, corporate-university partnerships and entrepreneurial growth in the region;
836	836	826provided further, that not less than $5,000,000 shall be expended for the creation and operation
837	837	827of a cyber range in the city of Worcester pursuant to a partnership between Quinsigamond
838	838	828Community College and Worcester State University; provided further, that not less than
839	839	829$200,000 shall be expended to the Uniquely Abled Academy at the Excel Program at
840	840	830Bridgewater State University for workforce development and educational resources; provided
841	841	831further, that not less than $200,000 shall be expended to the Public Health Association visiting
842	842	832nurses program in the town of Stoughton for capital improvements; provided further, that not
843	843	833less than $500,000 shall be expended to the city known as the town of Braintree for capital
844	844	834improvement projects; provided further, that not less than $500,000 shall be expended to the city
845	845	835known as the town of Bridgewater for capital improvement projects; provided further, that not
846	846	836less than $500,000 shall be expended to the town of Easton for capital improvement projects; 38 of 276
847	847	837provided further, that not less than $500,000 shall be expended to the town of Milton for capital
848	848	838improvement projects; provided further, that not less than $500,000 shall be expended to the city
849	849	839known as the town of Randolph for capital improvement projects; provided further, that not less
850	850	840than $500,000 shall be expended to the town of Stoughton for capital improvement projects;
851	851	841provided further, that not less than $500,000 shall be expended to the town of West Bridgewater
852	852	842for capital improvement projects; provided further, that not less than $2,500,000 shall be
853	853	843expended for capital costs related to the construction of the Louis D. Brown Peace Institute's
854	854	844Center for Healing, Teaching and Learning for families and communities throughout the
855	855	845commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than
856	856	846$2,000,000 shall be expended for South Boston Community Health Center to be matched by the
857	857	847health center and other partners to fund critical renovations and expansion at its main facility to
858	858	848accommodate continued growth in primary care services and to allow for better patient flow to
859	859	849enhance infection control protocols; provided further, that not less than $1,000,000 shall be
860	860	850expended to Inquilinos Boricuas en Acción, Inc. for the construction of La CASA: Center for
861	861	851Arts, Self-determination and Activism, a center for economic mobility programming, youth
862	862	852development, resident services and arts serving low-income families and the conversion of 2
863	863	853office buildings to 46 units of affordable housing; provided further, that not less than $750,000
864	864	854shall be expended to the to the Boston Center for Youth and Families for the planning, design
865	865	855and construction of year-round handball and racquetball courts at the Curley Community Center
866	866	856in the South Boston section of the city of Boston to promote community recreation; provided
867	867	857further, that not less than $750,000 shall be expended to YMCA of Greater Boston, Inc. for the
868	868	858planning, design and construction of the William McGonagle community center in the South
869	869	859Boston section of the city of Boston; provided further, that not less than $500,000 shall be 39 of 276
870	870	860expended to the city of Boston for the first planning, design, acquisition and construction of My
871	871	861Brother’s Keeper Boston’s Opportunity Lab to provide leadership training and support for
872	872	862disadvantaged students; provided further, that not less than $100,000 shall be expended for
873	873	863Snapchef Foundation Inc. for upgrades to and maintenance of their stove and kitchen to continue
874	874	864their culinary training program and community meal preparation; provided further, that not less
875	875	865than $500,000 shall be expended for Work Incorporated for the renovation of a family support
876	876	866center to serve over 500 individuals with disabilities and their families; provided further, that not
877	877	867less than $250,000 shall be expended to The BASE located in the Roxbury section of the city of
878	878	868Boston for the acquisition of headquarters facilities to continue to serve and offer community
879	879	869programming to urban youth; provided further, that not less than $450,000 shall be expended to
880	880	870the GK Fund, Inc. to provide grants to increase access to the startup economy for individuals
881	881	871from historically underrepresented groups in the city of Boston and gateway cities that
882	882	872participate the Transformative Development Initiative of the Massachusetts Development
883	883	873Finance Agency; provided further, that not less than $500,00 shall be expended to VietAID for
884	884	874improvements of facilities and for support of its community programming; provided further, that
885	885	875not less than $500,000 shall be expended to the Helen Y. Davis Leadership Academy Charter
886	886	876Public School in the Dorchester section of the city of Boston for infrastructure and facility
887	887	877improvements; provided further, that not less than $250,000 shall be expended to Cape Cod
888	888	878Canal Region Foundation, Inc. to promote economic development in the downtown area of the
889	889	879town of Bourne through revitalization and beautification; provided further, that not less than
890	890	880$200,000 shall be expended for the creation of a comprehensive master plan for the town of
891	891	881Shrewsbury; provided further, that not less than $25,000 shall be expended for a redevelopment
892	892	882plan for vacant property in the town of Shrewsbury; provided further, that not less than $75,000 40 of 276
893	893	883shall be expended for the creation of a corridor study and economic development strategy to
894	894	884promote business development along state highway route 9 in the town of Shrewsbury; provided
895	895	885further, that not less than $1,000,000 shall be expended for the Simonelli Innovation Center at
896	896	886the Hamilton Mills building in the town of Southbridge for district revitalization and community
897	897	887development projects in the historic Globe Village in the town of Southbridge; provided further,
898	898	888that not less than $500,000 shall be expended to the town of Monson for local and public
899	899	889community development projects at Silver Bell Farm; provided further, that not less than
900	900	890$2,500,000 shall be expended to Northern Essex Community College for the establishment of a
901	901	891cleanroom laboratory in the city of Haverhill to act as a shared-use space with Whittier Regional
902	902	892Vocational Technical high school; provided further, that not less than $1,000,000 shall be
903	903	893expended to MassChallenge Inc. for capital support of early-commercialization output programs
904	904	894with an emphasis on applied artificial intelligence; provided further, that not less than $7,000,000
905	905	895shall be expended to the city of Fall River for economic development and revitalization efforts in
906	906	896the Flint neighborhood and Pleasant street corridor of the city; provided further, that not less than
907	907	897$2,000,000 shall be expended to the town of Westport for the construction and installation of
908	908	898water and sewage lines along the United States highway route 6 corridor; provided further, that
909	909	899not less than $1,000,000 shall be expended to the town of Swansea for the installation of sewage
910	910	900lines; and provided further, that not less than $200,000 shall be expended to the Bacon Free
911	911	901Library in the town of Natick for capital improvements ………………………$376,190,000
912	912	902 Board of Library Commissioners
913	913	903 7000-9093For a program of grants to cities and towns for approved public library
914	914	904projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided,
915	915	905that grants may be awarded to municipalities submitting applications jointly or through a 41 of 276
916	916	906regional planning agency; provided further, that grants or other financial assistance in this item
917	917	907shall only be awarded to projects within municipalities that have been deemed in compliance or
918	918	908interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the
919	919	909General Laws; and provided further, that grant recipients may expend funds for alternative
920	920	910energy generation, energy infrastructure projects and other decarbonization projects at public
921	921	911libraries.....…………………………………............................ $150,000,000
922	922	912 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
923	923	913 Office of the Secretary
924	924	914 2000-7076For capital grants or other financial assistance administered by the
925	925	915executive office of energy and environmental affairs, in consultation with the department of
926	926	916agricultural resources and division of marine fisheries, to promote and support the growth and
927	927	917economic competitiveness of the commonwealth's agricultural, commercial fishing and
928	928	918cranberry-growing sectors; provided, that the executive office shall prioritize applicants for
929	929	919grants or other financial assistance that focus on innovative approaches to enhance
930	930	920environmental benefits, promote climate resiliency and encourage increased economic activity in
931	931	921its respective sector including, but not limited to: (i) capital infrastructure improvements that
932	932	922promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy
933	933	923technologies; (iii) tools to address barriers to economic growth, including the purchase of energy
934	934	924efficient equipment and technology; (iv) tools and technologies to support practices that promote
935	935	925resilience against the impacts of climate change; (v) tools and technologies to facilitate
936	936	926sustainability and new product development; (vi) acquisition and purchase of innovative
937	937	927commercial fishing gear designed to protect stocks and species of concern; and (vii) capital 42 of 276
938	938	928infrastructure improvements related to developing and strengthening workforce development and
939	939	929training programs; provided further, that grants made pursuant to this item may be awarded to
940	940	930public higher education institutions, vocational technical schools, or community-based
941	941	931organizations to support the economic competitiveness of the commonwealth's agricultural,
942	942	932commercial fishing and cranberry-growing sectors; provided further, that grants or other
943	943	933financial assistance shall be made on a competitive basis and awarded in a manner that promotes
944	944	934geographic equity; and provided further, that grants or other financial assistance awarded in this
945	945	935item shall be distributed equally among the agriculture, commercial fishing and cranberry-
946	946	936growing sectors ……….......................................................................$21,000,000
947	947	937 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
948	948	938 Office of the Secretary
949	949	939 7004-0709For the Small Properties State Acquisition Funding Pilot program
950	950	940established in item 1599-6084 of section 2A of chapter 268 of the acts of 2022; provided, that
951	951	941said program shall issue soft loans to supplement other acquisition soft loans administered by
952	952	942municipal or other affordable housing acquisition lenders on a rolling basis; provided further,
953	953	943that acquisitions pursuant to this program shall follow the affordability restrictions of said
954	954	944affordable housing acquisition lenders; and provided further, that loans under this program shall
955	955	945be used for the acquisition of: (i) buildings of 1 to 8 units, inclusive, of residential housing for
956	956	946rental or ownership; or (ii) mixed-use buildings for a term of not less than 30
957	957	947years.........................................................................................................................$10,000,000
958	958	948 SECTION 2B.
959	959	949 SECRETARY OF THE COMMONWEALTH 43 of 276
960	960	950 Massachusetts Historical Commission
961	961	951 0526-2013For a grant program to units of municipal government and to nonprofit
962	962	952organizations for the preservation of historic properties, landscapes and sites; provided, that
963	963	953funds shall be awarded in accordance with regulations promulgated by the chair of the
964	964	954Massachusetts historical commission; and provided further, that grants or other financial
965	965	955assistance in this item shall only be awarded to projects within municipalities that have been
966	966	956deemed in compliance or interim compliance with the multi-family zoning requirement in
967	967	957section 3A of chapter 40A of the General Laws................................................. $8,000,000
968	968	958 SECTION 2C.
969	969	959 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
970	970	960 Office of the Secretary
971	971	961 7002-8077 For the Clean Energy Investment Fund established in section 15 of chapter
972	972	96223J of the General Laws to promote job creation, economic development and workforce
973	973	963development through capital grants to nonprofit organizations, private entities and governmental
974	974	964entities for the purposes of supporting and stimulating research and development, innovation,
975	975	965manufacturing, commercialization and deployment of climatetech technologies in the
976	976	966commonwealth……………………………………………………………………….$200,000,000
977	977	967 7002-8078For the Massachusetts Offshore Wind Industry Investment Trust Fund
978	978	968established in section 9A of chapter 23J of the General Laws to support the offshore wind
979	979	969industry and facilitate economic development activity..……………………………$200,000,000 44 of 276
980	980	970 SECTION 3. Chapter 2 of the General Laws is hereby amended by adding the following
981	981	9712 sections:-
982	982	972 Section 65. (a) The governor may appoint a choreographer laureate of the
983	983	973commonwealth who shall be selected from a list of finalists to be submitted by the choreographer
984	984	974laureate nominating committee established in subsection (b). The choreographer laureate shall
985	985	975promote choreography and dance, elevate the dance legacy of, and current dance communities in,
986	986	976the commonwealth and choreograph performances for important public events and ceremonies.
987	987	977The choreographer laureate shall be appointed to serve for a term of 4 years and may be
988	988	978reappointed for a second term. A choreographer laureate vacancy shall be filled in the same
989	989	979manner as the original appointment.
990	990	980 (b)(1) There shall be a choreographer laureate nominating committee consisting of: the
991	991	981executive director of the Massachusetts cultural council or a designee, who shall serve as chair;
992	992	982the executive and artistic director of Jacob’s Pillow Dance Festival, Inc.; the executive artistic
993	993	983director of The Dance Complex; the president of New England Presenters; and a member of the
994	994	984Boston Ballet company to be selected by the chair. Nominating committee members shall serve
995	995	985without compensation.
996	996	986 (2) Not less than 5 months prior to the expiration of the tenure of the choreographer
997	997	987laureate, the nominating committee shall conduct culturally competent and linguistically diverse
998	998	988public outreach and seek nominations of potential candidates for selection as choreographer
999	999	989laureate. Each nominee shall be a resident of the commonwealth who shall be experienced in the
1000	1000	990art of choreography and produced a body of choreographic work. Nominations shall include
1001	1001	991biographical information about the nominee. 45 of 276
1002	1002	992 (3) The nominating committee shall review all nominations and select 3 finalists based on
1003	1003	993the nominee’s overall choreographic excellence and demonstrated commitment to the arts.
1004	1004	994Finalists shall represent the commonwealth’s diverse dance community. The nominating
1005	1005	995committee shall submit the names of the 3 finalists to the governor not less than 4 weeks before
1006	1006	996the expiration of the tenure of the choreographer laureate or as soon as possible in the event of a
1007	1007	997vacancy.
1008	1008	998 (c)(1) The choreographer laureate shall be an honorary position and the person appointed
1009	1009	999shall receive no remuneration from the commonwealth. The person appointed to the position of
1010	1010	1000choreographer laureate shall not be considered a state official or a state employee for such
1011	1011	1001person’s service in the position.
1012	1012	1002 (2) The choreographer laureate shall be entitled to reimbursement for reasonable
1013	1013	1003expenses incurred in the performance of duties as choreographer laureate, not to exceed $1,000
1014	1014	1004per fiscal year. Dancers and support staff selected by the choreographer laureate for
1015	1015	1005performances at important public events and ceremonies, consistent with this section, shall be
1016	1016	1006entitled to compensation, as determined by the secretary of administration and finance.
1017	1017	1007 (3) Annually, not later than February 1, the choreographer laureate shall submit a report
1018	1018	1008summarizing their activities within the scope of their appointment to the executive director of the
1019	1019	1009office of travel and tourism, the executive director of the Massachusetts cultural council, the joint
1020	1020	1010committee on tourism, arts and cultural development and the clerks of the senate and house of
1021	1021	1011representatives.
1022	1022	1012 Section 66. (a) The governor may appoint a musician laureate for the commonwealth who
1023	1023	1013shall be selected from a list of finalists to be submitted by the musician laureate nominating 46 of 276
1024	1024	1014committee pursuant in subsection (b). The musician laureate shall promote the musical arts,
1025	1025	1015elevate the musical legacy of, and current musical communities in, the commonwealth and write
1026	1026	1016and perform music for important public events and ceremonies. The musician laureate shall be
1027	1027	1017appointed to serve for a term of 4 years and may be reappointed for a second term. A musician
1028	1028	1018laureate vacancy shall be filled in the same manner as the original appointment.
1029	1029	1019 (b)(1) There shall be a musician laureate nominating committee consisting of: the senate
1030	1030	1020president or a designee; the speaker of the house of representatives or a designee; and 3 persons
1031	1031	1021to be appointed by the governor, 1 of whom shall be a member of the board of directors of the
1032	1032	1022Massachusetts cultural council. Nominating committee members shall serve without
1033	1033	1023compensation.
1034	1034	1024 (2) Not less than 5 months prior to the expiration of the tenure of the musician laureate,
1035	1035	1025the nominating committee shall conduct culturally competent and linguistically diverse public
1036	1036	1026outreach and receive nominations of potential candidates for selection as musician laureate. Each
1037	1037	1027nominee shall be a resident of the commonwealth who shall be experienced in the art of music
1038	1038	1028and produced a body of musical work. Nominations shall include biographical information about
1039	1039	1029the nominee.
1040	1040	1030 (3) The nominating committee shall review all nominations and select 3 finalists based on
1041	1041	1031the nominee’s overall musical excellence and demonstrated commitment to the musical arts.
1042	1042	1032Finalists shall represent the commonwealth’s diverse musical community. The nominating
1043	1043	1033committee shall submit the names of the 3 finalists to the governor not less than 4 weeks before
1044	1044	1034the expiration of the tenure of the musician laureate, or as soon as possible in the event of a
1045	1045	1035vacancy. 47 of 276
1046	1046	1036 (c)(1) The musician laureate shall be an honorary position and the person appointed shall
1047	1047	1037receive no monetary remuneration from the commonwealth. The person appointed to the position
1048	1048	1038of musician laureate shall not be considered a state official or a state employee for such person’s
1049	1049	1039service in the position.
1050	1050	1040 (2) The musician laureate shall be entitled to reasonable reimbursement for expenses
1051	1051	1041incurred in the performance of duties as musician laureate, not to exceed $1,000 per fiscal year.
1052	1052	1042Musicians and support staff selected by the musician laureate for performances at important
1053	1053	1043public events and ceremonies, consistent with this section, shall be entitled to compensation, as
1054	1054	1044determined by the secretary of administration and finance.
1055	1055	1045 (3) Annually, not later than February 1, the laureate shall submit a report summarizing
1056	1056	1046their activities within the scope of their appointment to the executive director of the office of
1057	1057	1047travel and tourism, the executive director of the Massachusetts cultural council, the joint
1058	1058	1048committee on tourism, arts and cultural development and the clerks of the senate and house of
1059	1059	1049representatives.
1060	1060	1050 SECTION 4. Section 7 of chapter 4 of the General Laws is hereby amended by striking
1061	1061	1051out clause Sixtieth, appearing in the 2022 Official Edition, and inserting in place thereof the
1062	1062	1052following clause:-
1063	1063	1053 Sixtieth, “Age of criminal majority” the age of 19.
1064	1064	1054 SECTION 5. Section 115A of chapter 6 of the General Laws, as so appearing, is hereby
1065	1065	1055amended by striking out, in line 31, the figure “$5,000,000” and inserting in place thereof the
1066	1066	1056following figure:- $10,000,000. 48 of 276
1067	1067	1057 SECTION 6. Section 167 of said chapter 6, as so appearing, is hereby amended by
1068	1068	1058striking out, in lines 38, 40 and 41, the figure “18” and inserting in place thereof, in each
1069	1069	1059instance, the following words:- criminal majority.
1070	1070	1060 SECTION 7. Section 204 of said chapter 6, as so appearing, is hereby amended by
1071	1071	1061striking out, in lines 4 and 5, the words “president of the Massachusetts growth capital
1072	1072	1062corporation” and inserting in place thereof the following words:- executive director of the
1073	1073	1063Massachusetts Development Finance Agency.
1074	1074	1064 SECTION 8. Section 16G of chapter 6A of the General Laws is hereby amended by
1075	1075	1065striking out subsections (i) and (j), as so appearing, and inserting in place thereof the following 2
1076	1076	1066subsections:-
1077	1077	1067 (i) The secretary shall, subject to appropriation, establish within the executive office an
1078	1078	1068office of performance management and oversight to improve the effectiveness of the economic
1079	1079	1069development efforts of the commonwealth. The secretary shall appoint a director of the office
1080	1080	1070who shall have economic development experience in the public or private sector. The director
1081	1081	1071shall establish performance metrics for the public and quasi-public agencies within the executive
1082	1082	1072office or subject to section 56 of chapter 23A and any regional economic development
1083	1083	1073organization or other private organizations under contract with the commonwealth to perform
1084	1084	1074economic development services, as the secretary shall determine. In developing or revising these
1085	1085	1075performance metrics, the director may from time to time seek advice from individuals working in
1086	1086	1076the private sector and examine models that can be adapted from the private sector to the needs of
1087	1087	1077the commonwealth. The secretary shall require each agency or organization reporting to the
1088	1088	1078office to submit an annual plan, including the goals, programs and initiatives for the forthcoming 49 of 276
1089	1089	1079year, and evaluation of the performance on the goals, programs and initiative outlined in the
1090	1090	1080preceding year’s plan. Such reports shall be in a form directed by the director and incorporate
1091	1091	1081such performance metrics as the director shall establish.
1092	1092	1082 (j) The director shall prepare an annual report on the progress the agencies or
1093	1093	1083organizations reporting to the office are making towards achieving stated goals in their annual
1094	1094	1084plan. The annual report shall be made available to the public annually not later than December
1095	1095	108531 and shall be published on the website of the executive office and forwarded to the clerks of
1096	1096	1086the senate and house of representatives, the house and senate committees on ways and means and
1097	1097	1087the joint committee on economic development and emerging technologies.
1098	1098	1088 SECTION 9. Said section 16G of said chapter 6A is hereby further amended by striking
1099	1099	1089out subsection (m), as so appearing, and inserting in place thereof the following subsection:-
1100	1100	1090 (m) Every 4 years, the secretary of economic development, in consultation with the
1101	1101	1091secretary of energy and environmental affairs, shall prepare a report that evaluates the status of
1102	1102	1092the commercial fishing industry and includes recommendations for appropriate actions to be
1103	1103	1093taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.
1104	1104	1094  In carrying out this requirement, the secretaries may seek the laboratory, technical,
1105	1105	1095education and research skills and facilities of public institutions of higher education.
1106	1106	1096 SECTION 10. The first paragraph of subsection (n) of said section 16G of said chapter
1107	1107	10976A is hereby amended by striking out the second sentence, as so appearing.
1108	1108	1098 SECTION 11. Said section 16G of said chapter 6A is hereby further amended by striking
1109	1109	1099out, in lines 255 and 256, as so appearing, the words “executive office and paid as the fund 50 of 276
1110	1110	1100director shall direct” and inserting in place thereof the following words:- secretary of economic
1111	1111	1101development.
1112	1112	1102 SECTION 12. Said section 16G of said chapter 6A is hereby further amended by striking
1113	1113	1103out, in line 273, as so appearing, the words “The executive office shall submit an annual” and
1114	1114	1104inserting in place thereof the following words:- In years when expenditures are made from the
1115	1115	1105fund, the executive office shall submit a.
1116	1116	1106 SECTION 13. Section 35FF of chapter 10 of the General Laws, as so appearing, is
1117	1117	1107hereby amended by striking out, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140,
1118	1118	1108and in lines 141 and 142, the words “clean energy” and inserting in place thereof, in each
1119	1119	1109instance, the following word:- climatetech.
1120	1120	1110 SECTION 14. Section 8F of chapter 12 of the General Laws, as so appearing, is hereby
1121	1121	1111amended by striking out, in line 13, the figure “$200,000” and inserting in place thereof the
1122	1122	1112following figure:- $500,000.
1123	1123	1113 SECTION 15. Said section 8F of said chapter 12, as so appearing, is hereby further
1124	1124	1114amended by striking out, in line 24, the figure $500,000” and inserting in place thereof the
1125	1125	1115following figure:- $1,000,000.
1126	1126	1116 SECTION 16. Section 14 of chapter 13 of the General Laws, as so appearing, is hereby
1127	1127	1117amended by inserting after the word “twelve”, in line 14, the following words:- and chapter
1128	1128	1118112A.
1129	1129	1119 SECTION 17. Section 23 of chapter 20 of the General Laws, as so appearing, is hereby
1130	1130	1120amended by striking out subsection (b) and inserting in place thereof the following subsection:- 51 of 276
1131	1131	1121 (b)(1) Notwithstanding any general or special law to the contrary, the department of
1132	1132	1122agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant
1133	1133	1123to any owner of land subject to an agricultural preservation restriction held by the
1134	1134	1124commonwealth a nonassignable special permit allowing nonagricultural activities to occur on
1135	1135	1125land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time
1136	1136	1126commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the
1137	1137	1127discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or
1138	1138	1128derogate from the intent and purposes of retaining the land for agricultural use and preserving the
1139	1139	1129natural agricultural resources of the commonwealth; and (iv) the agricultural preservation
1140	1140	1130restriction owner meets all requirements pertaining to special permits contained in the
1141	1141	1131agricultural preservation restriction agreement form utilized by the commonwealth at the time of
1142	1142	1132application for the special permit. In making the determination, the department shall consider the
1143	1143	1133long-term productivity of the agricultural resource and the sustainability of the farm enterprise.
1144	1144	1134 (2) Notwithstanding paragraph (1), the department may approve a special permit for a
1145	1145	1135trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is
1146	1146	1136issued to a permit holder for a 1-year trial period, the department shall notify the special permit
1147	1147	1137holder not later than 90 days before the end of the 1-year trial period of the department’s
1148	1148	1138decision to renew, revoke or amend the permit. If the department fails to notify the special permit
1149	1149	1139holder of its decision to renew, revoke or amend the special permit, the special permit shall
1150	1150	1140automatically be renewed for a period of 5 years.
1151	1151	1141 SECTION 18. Said section 23 of said chapter 20, as so appearing, is hereby further
1152	1152	1142amended by striking out, in line 98, the words “for a special permit authorized in” and inserting
1153	1153	1143in place thereof the following words:- any owner of land subject to an agricultural preservation 52 of 276
1154	1154	1144restriction aggrieved by a decision of the department relative to a special permit authorized
1155	1155	1145pursuant to.
1156	1156	1146 SECTION 19. Said chapter 20 is hereby further amended by adding the following
1157	1157	1147section:-
1158	1158	1148 Section 33. Notwithstanding any general or special law to the contrary, the secretary of
1159	1159	1149energy and environmental affairs shall establish a program to acquire by purchase, gift, lease,
1160	1160	1150eminent domain or otherwise lands and waters and easements therein to protect and conserve
1161	1161	1151land for the purpose of furthering the department’s mission including, but not limited to,
1162	1162	1152retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing
1163	1163	1153affordable and equitable access to agricultural and horticultural lands.
1164	1164	1154 The commissioner may, from funds appropriated to carry out this section or from funds
1165	1165	1155received from other sources, compensate a landowner for the acquisition by the department of
1166	1166	1156real estate owned by the landowner in such amount as determined by the commissioner to be
1167	1167	1157equitable in consideration of anticipated benefits from such acquisition in accordance with any
1168	1168	1158land acquisition regulations of the department. The commissioner may use department funds to
1169	1169	1159create, replace and maintain appropriate infrastructure and improvements that the department
1170	1170	1160deems consistent with the goals of this section and the department’s mission.
1171	1171	1161 The department may lease, license or otherwise manage these lands as it deems necessary
1172	1172	1162to implement this section and carry out the department’s mission and goals.
1173	1173	1163 Acquisition of land or water under this section shall not guarantee any public access
1174	1174	1164unless otherwise agreed to by the department. 53 of 276
1175	1175	1165 The department may promulgate rules and regulations relative to the rights, privileges
1176	1176	1166and use of lands, waters, real estate interests and associated improvements acquired and
1177	1177	1167maintained under this section.
1178	1178	1168 The department may dispose of any such real estate as permitted under section 5A of
1179	1179	1169chapter 3 or through the sale to a qualified farmer or beginning farmer in conjunction with
1180	1180	1170permanent protection of the real estate interest, including through an agricultural preservation
1181	1181	1171restriction to the commonwealth or other qualified conservation entity.
1182	1182	1172 SECTION 20. Chapter 21A of the General Laws is hereby amended by adding the
1183	1183	1173following section:-
1184	1184	1174 Section 29. (a) For the purposes of this section, the following words shall have the
1185	1185	1175following meanings unless the context clearly requires otherwise:
1186	1186	1176 “Charger”, a device having at least 1 charging port and connector for charging electric
1187	1187	1177vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.
1188	1188	1178 “Charging network provider”, an entity that operates a digital communication network
1189	1189	1179that remotely manages chargers, which may include charging station operators and manufacture
1190	1190	1180chargers.
1191	1191	1181 “Charging station”, a charger or group of chargers and the area in the immediate vicinity
1192	1192	1182of such charger or group of chargers, which may include, at the discretion of the regulating
1193	1193	1183entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress
1194	1194	1184and egress; provided, however, that a “charging station” shall comprise only part of the property
1195	1195	1185on which it is located. 54 of 276
1196	1196	1186 “Charging station operator”, an entity that owns or provides chargers and supporting
1197	1197	1187equipment and facilities at charging stations and is responsible for the operation and maintenance
1198	1198	1188of chargers and supporting equipment and facilities; provided, however, that such operator may
1199	1199	1189delegate responsibility for certain aspects of the charging station operation and maintenance to
1200	1200	1190subcontractors.
1201	1201	1191 “Connector”, a device that attaches an electric vehicle to a charging port to transfer
1202	1202	1192electricity; provided, however, that “connector” shall also mean a plug.
1203	1203	1193 “Direct current fast charger”, a charger that enables rapid charging by delivering direct-
1204	1204	1194current electricity directly to an electric vehicle’s battery.
1205	1205	1195 “Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a
1206	1206	1196plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that
1207	1207	1197can be recharged from an external source of electricity and has the capability to run on another
1208	1208	1198fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or
1209	1209	1199other micromobility device.
1210	1210	1200 “Electric vehicle charging services”, the transfer of electric energy from an electric
1211	1211	1201vehicle charging station to a battery or other storage device in an electric vehicle and related
1212	1212	1202billing services, networking and operation and maintenance.
1213	1213	1203 “Electric vehicle supply equipment”, a device, including at least 1 charging port and
1214	1214	1204connector, for charging electric vehicles; provided, however, that “electric vehicle supply
1215	1215	1205equipment” shall also mean a charger. 55 of 276
1216	1216	1206 “Level 1”, a galvanically-connected electric vehicle supply equipment with a single-
1217	1217	1207phase input voltage nominally 120 volts AC alternating current and a maximum output current of
1218	1218	1208not more than 16 amperes alternating current.
1219	1219	1209 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single-
1220	1220	1210phase input voltage range from 208 volts to 240 volts, inclusive, alternating current and
1221	1221	1211maximum output current of not more than 80 amperes alternating current.
1222	1222	1212 “National Electric Vehicle Infrastructure Formula program”, the federal program
1223	1223	1213established pursuant to the Infrastructure Investment and Jobs Act, Pub.L.117-58.
1224	1224	1214 “Public electric vehicle charging station”, an electric vehicle charging station located at a
1225	1225	1215publicly-available parking space.
1226	1226	1216 ''Publicly-available parking space'', a parking space that has been designated by a
1227	1227	1217property owner or lessee to be available to and accessible by the public and may include on-
1228	1228	1218street parking spaces and parking spaces in surface lots or parking garages; provided, however,
1229	1229	1219that “publicly-available parking space” shall not include a parking space that is part of or
1230	1230	1220associated with residential property containing not more than 4 dwelling units or that is reserved
1231	1231	1221for the exclusive use of an individual driver or vehicle or group of drivers or vehicles, including
1232	1232	1222employees, tenants, visitors, residents of a common interest development and residents of an
1233	1233	1223adjacent building.
1234	1234	1224 “Publicly-funded and available charging station", a public electric vehicle charging
1235	1235	1225station installed on or after January 1, 2025 that has received, or expects to receive, a grant, loan
1236	1236	1226or other incentive from a federal or state government source or through a charge on ratepayers
1237	1237	1227and is located at a publicly available parking space. 56 of 276
1238	1238	1228 (b) The executive office of energy and environmental affairs shall promulgate regulations
1239	1239	1229to: (i) monitor the utilization or frequency of use of such chargers and charging stations; (ii)
1240	1240	1230monitor the reliability and availability of such chargers and charging stations including, but not
1241	1241	1231limited to, whether reliability varies by the income of municipalities or neighborhoods or by
1242	1242	1232regions of the commonwealth; and (iii) require charging network providers and charging station
1243	1243	1233operators to share, free of charge, certain data fields, with third-party software developers via
1244	1244	1234application programming interfaces; provided, however, that any such data sharing may be
1245	1245	1235conditioned on measures to protect sensitive or confidential business information. The executive
1246	1246	1236office may designate any of its agencies to promulgate such regulations.
1247	1247	1237 (c) In promulgating regulations under this section, the executive office or its designated
1248	1248	1238agency may apply different requirements to publicly-funded and available charging stations or
1249	1249	1239other charging stations.
1250	1250	1240 (d) Regulations promulgated under this section may vary by technology type, power
1251	1251	1241levels, number of chargers per site, site ownership and according to whether chargers are: (i)
1252	1252	1242networked; (ii) public; (iii) publicly-funded and available; (iv) level 1, level 2 or direct current
1253	1253	1243fast chargers; or (v) all-inclusive mobile solar charging stations. Such regulations may apply to
1254	1254	1244charging stations other than publicly-funded and available charging stations but shall not apply
1255	1255	1245to chargers or charging stations installed at a residential property containing not more than 4
1256	1256	1246dwelling units. The executive office or its designated agency may, in its discretion, set such
1257	1257	1247standards as it deems necessary for data formats that comply with electric vehicle charging
1258	1258	1248industry best practices and standards. 57 of 276
1259	1259	1249 (e) With respect to any regulations that may be promulgated pertaining to reliability, the
1260	1260	1250executive office or its designated agency shall develop definitions of “uptime” and “exempted
1261	1261	1251downtime” through a public process and in such a manner to promote, as much as is practicable,
1262	1262	1252consistency with other jurisdictions and the National Electric Vehicle Infrastructure formula
1263	1263	1253program requirements; provided, however, that the executive office or its designated agency
1264	1264	1254may: (i) set standards for uptime; (ii) consider which events, if any, may count as exempted
1265	1265	1255downtime; and (iii) take into account the quality and condition of software and hardware.
1266	1266	1256 SECTION 21. Chapter 22 of the General Laws is hereby amended by striking out section
1267	1267	125712, as appearing in the 2022 Official Edition, and inserting in place thereof the following
1268	1268	1258section:-
1269	1269	1259 Section 12. (a) For the purposes of this section, the following words shall, unless the
1270	1270	1260context clearly requires otherwise, have the following meanings:
1271	1271	1261 “Mixed martial arts”, any form of unarmed combat involving the use of a combination of
1272	1272	1262techniques including, but not limited to, grappling, kicking and striking, commonly associated
1273	1273	1263with boxing, kickboxing, wrestling and various disciplines of the martial arts including, but not
1274	1274	1264limited to, karate, kung fu, tae kwon-do, Jiu–Jitsu or any combination thereof.
1275	1275	1265 “Unarmed combative sport”, any form of competition in which a blow is usually struck
1276	1276	1266which may reasonably be expected to inflict injury and no weapon is used; provided, however,
1277	1277	1267that ''unarmed combative sport'' shall not include professional wrestling.
1278	1278	1268 (b) There shall be within the office of public safety and inspections a state athletic
1279	1279	1269commission which shall consist of the commissioner of occupational licensure, or a designee and
1280	1280	12704 persons to be appointed by the governor, 1 of whom shall have a background in the sport of 58 of 276
1281	1281	1271boxing and 1 of whom shall have a background in the sport of mixed martial arts. Members shall
1282	1282	1272serve for terms of 3 years or until a successor is appointed. The governor shall from time to time
1283	1283	1273designate 1 member as chair. A quorum of 3 members shall be required for the commission to
1284	1284	1274exercise its authority, and an affirmative vote of a majority of the commissioners present at a
1285	1285	1275commission meeting shall be required for all commission actions. The members appointed by the
1286	1286	1276governor may be reimbursed for necessary travel expenses incurred in the performance of their
1287	1287	1277duties.
1288	1288	1278 (c) If a member is absent without justification for 4 consecutive meetings or for more
1289	1289	1279than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission
1290	1290	1280shall be vacant and the governor shall appoint a successor consistent with subsection (b). The
1291	1291	1281commission shall, by rule, define what constitutes excused and unexcused absences.
1292	1292	1282 (d) Each commission member shall serve at the pleasure of the governor.
1293	1293	1283 (e) The commission shall appoint a full-time executive director to serve as the
1294	1294	1284commission’s administrative and executive head. The executive director shall have: (i) not less
1295	1295	1285than 5 years of experience in unarmed combative sports; and (ii) skills and experience in
1296	1296	1286management. The executive director shall serve at the pleasure of the commission, shall devote
1297	1297	1287their full time and attention to the duties of the office and shall receive a salary as determined by
1298	1298	1288the commission. The executive director shall be responsible for administering and enforcing the
1299	1299	1289laws relative to the commission. The executive director may, subject to the approval of the
1300	1300	1290commission, hire employees, consultants, agents and advisors including, but not limited to, legal
1301	1301	1291counsel, and shall attend the meetings of the commission. 59 of 276
1302	1302	1292 (f) The commission may deputize persons to represent the commission and to be present
1303	1303	1293at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided,
1304	1304	1294however, that such deputies shall be compensated in an amount fixed by the commission for each
1305	1305	1295match or exhibition attended; and provided further, that the commission may authorize such
1306	1306	1296deputies be reimbursed for necessary travel expenses incurred in the performance of their duties.
1307	1307	1297 (g) A deputy assigned to attend a match or exhibition under this section shall be required
1308	1308	1298to received formal training on the laws and rules of the commission and related issues within the
1309	1309	129912 months prior to any such match or exhibition. The commission may reimburse deputies for
1310	1310	1300necessary travel expenses incurred while attending a formal training.
1311	1311	1301 SECTION 22. Subsection (b) of section 3A of chapter 23A of the General Laws, as so
1312	1312	1302appearing, is hereby amended by striking out the definition of “Expansion of an existing facility”
1313	1313	1303and inserting in place thereof the following definition:-
1314	1314	1304 “Expansion project”, the expansion of an existing facility located in the commonwealth
1315	1315	1305that results in a net increase in the number of permanent full-time employees at the expanded
1316	1316	1306facility.
1317	1317	1307 SECTION 23. Said subsection (b) of said section 3A of said chapter 23A, as so
1318	1318	1308appearing, is hereby further amended by inserting after the definition of “Gateway municipality”
1319	1319	1309the following definition:-
1320	1320	1310 “In-state relocation project”, the relocation of a business from one location in the
1321	1321	1311commonwealth to another location in the commonwealth that results in a net increase in the
1322	1322	1312number of permanent full-time employees. 60 of 276
1323	1323	1313 SECTION 24. Said subsection (b) of said section 3A of said chapter 23A, as so
1324	1324	1314appearing, is hereby further amended by striking out the definition of “Municipal project
1325	1325	1315endorsement” and inserting in place thereof the following definition:-
1326	1326	1316 “Municipal project endorsement”, an endorsement by the city council with the approval
1327	1327	1317of the mayor in a city or by a select board or board of selectmen in a town that: (i) finds a
1328	1328	1318proposed project is consistent with the municipality’s economic development objectives; (ii)
1329	1329	1319finds a proposed project has a reasonable chance of increasing or retaining employment
1330	1330	1320opportunities as advanced in the proposal; and (iii) provides a description of the local tax
1331	1331	1321incentive, if any, offered by the municipality in support of the proposed project.
1332	1332	1322 SECTION 25. Said subsection (b) of said section 3A of said chapter 23A, as so
1333	1333	1323appearing, is hereby further amended by inserting after the definition of “Municipality” the
1334	1334	1324following definition:-
1335	1335	1325 “Out-of-State relocation project”, the relocation of a business and permanent full-time
1336	1336	1326employees from outside the commonwealth to a location in the commonwealth.
1337	1337	1327 SECTION 26. Said subsection (b) of said section 3A of said chapter 23A, as so
1338	1338	1328appearing, is hereby further amended by striking out the definition of “Proportion of
1339	1339	1329compliance” and inserting in place thereof the following definition:-
1340	1340	1330 “Proportion of compliance”, a determination made by the economic assistance
1341	1341	1331coordinating council, established in section 3B, of a certified project’s compliance with
1342	1342	1332obligations related to capital investment, job creation, job retention or other obligations
1343	1343	1333applicable to the certified project. 61 of 276
1344	1344	1334 SECTION 27. Said subsection (b) of said section 3A of said chapter 23A, as so
1345	1345	1335appearing, is hereby further amended by striking out the definition of “Replacement of an
1346	1346	1336existing facility” and inserting in place thereof the following definition:-
1347	1347	1337 “Retention project”, a project that enables a controlling business to retain not less than 50
1348	1348	1338permanent full-time employees at a facility located within a gateway city or in an adjacent city or
1349	1349	1339town that is accessible by public transportation to residents of a gateway city and, without such
1350	1350	1340project, the retained jobs would be relocated outside of the commonwealth.
1351	1351	1341 SECTION 28. Said section 3A of said chapter 23A, is hereby further amended by striking
1352	1352	1342out, in line 113, as so appearing, the words “and approved by the EACC”.
1353	1353	1343 SECTION 29. The first sentence of subsection (a) of section 3B of said chapter 23A, as
1354	1354	1344appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the
1355	1355	1345words “who shall serve as co-chairperson”.
1356	1356	1346 SECTION 30. Subsection (b) of said section 3B of said chapter 23A, as appearing in the
1357	1357	13472022 Official Edition, is hereby amended by striking out clauses (iii) to (vii), inclusive, and
1358	1358	1348inserting in place thereof following 4 clauses:-
1359	1359	1349 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for
1360	1360	1350the privilege of establishing, operating and maintaining a foreign trade zone in accordance with
1361	1361	1351section 3G;
1362	1362	1352 (iv) assist municipalities in obtaining state and federal resources and assistance for
1363	1363	1353certified projects and other job creation and retention opportunities; 62 of 276
1364	1364	1354 (v) provide appropriate coordination with other state programs, agencies, authorities and
1365	1365	1355public instrumentalities to enable certified projects and other job creation and retention
1366	1366	1356opportunities to be more effectively promoted by the commonwealth; and
1367	1367	1357 (vi) monitor the implementation of the economic development incentive program.
1368	1368	1358 SECTION 31. Subsection (c) of said section 3B of said chapter 23A, as amended by
1369	1369	1359section 67 of chapter 7 of the acts of 2023, is hereby amended by striking out the first 2
1370	1370	1360sentences and inserting in place thereof the following sentence:- The director of MOBD shall be
1371	1371	1361responsible for administering the EDIP in consultation with the secretary of economic
1372	1372	1362development and the EACC.
1373	1373	1363 SECTION 32. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition,
1374	1374	1364is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
1375	1375	1365following 2 subsections:-
1376	1376	1366 (a) A controlling business may petition the EACC to certify a proposed project by
1377	1377	1367submitting to the EACC: (i) a detailed description of the proposed project; (ii) a representation
1378	1378	1368by the controlling business regarding the amount of capital investment to be made, the number of
1379	1379	1369new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the
1380	1380	1370controlling business regarding any other economic benefits or other public benefits expected to
1381	1381	1371result from the construction of the proposed project; and (iv) any other information that the
1382	1382	1372EACC may require by regulation, policy or guidance.
1383	1383	1373 (b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed
1384	1384	1374project, deny certification of the proposed project or certify the proposed project with conditions.
1385	1385	1375In order to certify a proposed project, with or without conditions, the EACC shall make the 63 of 276
1386	1386	1376following required findings based on the project proposal and any additional investigation that
1387	1387	1377the EACC shall make: (i) the proposed project will be located within the commonwealth; (ii) the
1388	1388	1378proposed project qualifies as an expansion project, in-state relocation project, out-of-state
1389	1389	1379relocation project or retention project; (iii) the controlling business has committed to maintaining
1390	1390	1380new and retained jobs for a period of not less than 5 years after the completion of the proposed
1391	1391	1381project; (iv) the proposed project appears to be economically feasible and the controlling
1392	1392	1382business has the financial and other means to undertake and complete the proposed project; (v)
1393	1393	1383the EDIP tax credits available to the controlling business pursuant to this chapter are a significant
1394	1394	1384factor in its decision to undertake the proposed project; and (vi) the proposed project complies
1395	1395	1385with all applicable statutory requirements and with any other criteria that the EACC may
1396	1396	1386prescribe by regulation, policy or guidance.
1397	1397	1387  (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an
1398	1398	1388application for project certification that may include a requirement that the controlling business
1399	1399	1389provide written evidence to support the certification provided for in clause (v) in paragraph (1).
1400	1400	1390 SECTION 33. Section 3D of said chapter 23A, as so appearing, is hereby amended by
1401	1401	1391striking out, in lines 4 and 5, the words “awarded and the schedule on which those credits may be
1402	1402	1392claimed” and inserting in place thereof the following words:-, the schedule on which those
1403	1403	1393credits may be claimed and the extent to which the credits are refundable.
1404	1404	1394 SECTION 34. Said section 3D of said chapter 23A, as so appearing, is hereby further
1405	1405	1395amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any,
1406	1406	1396made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain
1407	1407	1397women or minority-owned businesses during the construction of the certified project” and 64 of 276
1408	1408	1398inserting in place thereof the following words:- (vii) commitments, if any, made by the
1409	1409	1399controlling business to use Massachusetts firms, suppliers and vendors or to retain women or
1410	1410	1400minority-owned businesses during the construction of the certified project; and (viii) the
1411	1411	1401commitments, if any, set forth in a municipal project endorsement.
1412	1412	1402 SECTION 35. Said section 3D of said chapter 23A, as so appearing, is hereby further
1413	1413	1403amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right
1414	1414	1404of the controlling business to carry unused tax credits forward to subsequent tax years” and
1415	1415	1405inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling
1416	1416	1406business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some
1417	1417	1407portion of the credits to be refundable.
1418	1418	1408 SECTION 36. Said chapter 23A is hereby further amended by striking out section 3E, as
1419	1419	1409so appearing, and inserting in place thereof the following section:-
1420	1420	1410 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance
1421	1421	1411with section 59 of chapter 40 to the controlling business of a certified project, to any person or
1422	1422	1412entity undertaking a real estate project or to any person or entity expanding a facility if the
1423	1423	1413municipality finds that there is a strong likelihood that any of the following will occur within the
1424	1424	1414area in question within a specific and reasonably proximate period of time: (i) a significant influx
1425	1425	1415or growth in business activity; (ii) the creation of a significant number of new jobs; provided,
1426	1426	1416however, thqt such new jobs shallnot merely be a replacement or relocation of current jobs
1427	1427	1417within the commonwealth; or (iii) a private project or investment that will contribute
1428	1428	1418significantly to the resiliency of the local economy. 65 of 276
1429	1429	1419 (b) A municipality may offer a special tax assessment to the controlling business of a
1430	1430	1420certified project, a person or entity undertaking a real estate project or a person or entity
1431	1431	1421proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of
1432	1432	1422relocating outside of the commonwealth. A special tax assessment shall be set forth in a written
1433	1433	1423agreement between the municipality and the property owner. The agreement shall include, but
1434	1434	1424shall not be limited to, the amount of the tax reduction and the period of time over which such
1435	1435	1425reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years.
1436	1436	1426A special tax assessment approved by the municipality shall provide for a reduction of the real
1437	1437	1427property tax that otherwise would be due. The reduction shall be based upon a percentage
1438	1438	1428reduction in the tax that otherwise would be due on the full assessed value of the affected
1439	1439	1429property. The special tax assessment shall provide for tax reduction at least equal to the
1440	1440	1430following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that
1441	1441	1431would be due based on the full assessed value of the affected property; (ii) in the second and
1442	1442	1432third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based
1443	1443	1433on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax
1444	1444	1434reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed
1445	1445	1435value of the affected property. The municipality may at its discretion provide for greater real
1446	1446	1436property tax reductions than those described in this subsectioin.
1447	1447	1437  A municipality may approve special tax assessments if it determines that: (i) the property
1448	1448	1438owner is undertaking a project or otherwise making an investment that contributes to economic
1449	1449	1439revitalization of the municipality and significantly increases employment opportunities for
1450	1450	1440residents of the municipality or is retaining permanent full-time employees that otherwise would
1451	1451	1441be relocated to a facility outside the commonwealth; (ii) the special tax assessment is reasonably 66 of 276
1452	1452	1442necessary to enable the owner’s investment in the project or to retain the jobs that otherwise
1453	1453	1443would be relocated; and (iii) the total amount of local tax foregone is reasonably proportionate to
1454	1454	1444the public benefits resulting from the special tax assessment.
1455	1455	1445 (c) If a municipality offers tax increment financing or a special tax assessment to the
1456	1456	1446owner or controlling business of a certified project, or to the owner of a facility where a certified
1457	1457	1447project is located, the municipality shall notify the EACC by submitting a fully executed copy of
1458	1458	1448the adopted local incentive agreement and any amendments thereto.
1459	1459	1449  SECTION 37. Section 3F of said chapter 23A, as so appearing, is hereby amended by
1460	1460	1450striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a
1461	1461	1451project by the EACC, and annually thereafter, the” and inserting in place thereof the following
1462	1462	1452word:- The.
1463	1463	1453 SECTION 38. Said section 3F of said chapter 23A, as so appearing, is hereby further
1464	1464	1454amended by striking out, in line 37, the words “with job creation requirements”.
1465	1465	1455 SECTION 39. Said section 3F of said chapter 23A, as so appearing, is hereby further
1466	1466	1456amended by striking out subsections (d) and (e) and inserting in place thereof the following 2
1467	1467	1457subsections:
1468	1468	1458 (d) Revocation of a project certification shall take effect on the first day of the tax year in
1469	1469	1459which the material noncompliance occurred, as determined by the EACC, and all EDIP tax
1470	1470	1460credits available to the controlling business shall be rescinded and any claimed tax credits
1471	1471	1461awarded in this chapter shall be recaptured in accordance with subsection (g) of section 6 of
1472	1472	1462chapter 62 and subsection (i) of section 38N of chapter 63. 67 of 276
1473	1473	1463 (e) Notwithstanding any general or special law to the contrary, if a municipality
1474	1474	1464terminates a local tax incentive agreement, the municipality may recapture the value of the tax
1475	1475	1465not paid by making a special assessment on the owner of the real property in the tax year that
1476	1476	1466follows the municipality’s decision to terminate the agreement. The assessment, payment and
1477	1477	1467collection of the special assessment shall be governed by procedures provided for the taxation of
1478	1478	1468omitted property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in
1479	1479	1469said chapter 59 for which omitted property assessments may be imposed for each of the fiscal
1480	1480	1470years included in the special assessment.
1481	1481	1471 SECTION 40. Said chapter 23A is hereby further amended by striking out section 3H, as
1482	1482	1472amended by section 70 of chapter 7 of the acts of 2023, and inserting in place thereof the
1483	1483	1473following section:-
1484	1484	1474 Section 3H. (a) There shall be a permit regulatory office within the executive office of
1485	1485	1475economic development. The secretary of economic development shall appoint a person with
1486	1486	1476experience with permitting and business development to serve as the director of the office. The
1487	1487	1477director shall: (i) serve as the state permit ombudsperson to new and expanding businesses; (ii)
1488	1488	1478work with state agencies to expedite the process of obtaining state licenses, permits, state
1489	1489	1479certificates, state approvals and other requirements of law, but not including divisions of the state
1490	1490	1480secretary’s office; (iii) provide technical assistance to municipalities interested in streamlining
1491	1491	1481local permitting processes; (iv) review and approve or deny municipal priority development site
1492	1492	1482proposals made pursuant to chapter 43D and monitor the development of priority development
1493	1493	1483sites; (v) subject to appropriation, award technical assistance grants pursuant to said chapter 43D;
1494	1494	1484and (vi) support the administration of the growth districts initiative as defined in section 1 of
1495	1495	1485chapter 43E. The permit regulatory office shall consult with the secretary of energy and 68 of 276
1496	1496	1486environmental affairs, the secretary of housing and livable communities and the secretary of
1497	1497	1487transportation before approving or denying a proposed priority development site.
1498	1498	1488 (b) There shall be a regulatory ombudsperson within the permit regulatory office to
1499	1499	1489address regulatory matters of interest to the business community. The regulatory ombudsperson
1500	1500	1490shall work in partnership with the state permitting ombudsperson to provide assistance to
1501	1501	1491businesses in the process of complying with state regulations and other requirements of law that
1502	1502	1492affect businesses. The regulatory ombudsperson shall facilitate communication between
1503	1503	1493individual businesses and state agencies and provide periodic training to regulatory personnel in
1504	1504	1494state agencies on how to identify the small business impacts of regulation, how to reduce those
1505	1505	1495impacts and how to expedite and streamline the process or compliance.
1506	1506	1496 (c) Annually, not later than 1, the director of the permit regulatory office shall file a
1507	1507	1497report with the house and senate committees on ways and means detailing the activities of the
1508	1508	1498office.
1509	1509	1499 SECTION 41. Section 56 of said chapter 23A is hereby amended by striking out, in
1510	1510	1500lines 18 and 19, as appearing in the 2022 Official Edition, the words:- , the Massachusetts
1511	1511	1501Growth Capital Corporation.
1512	1512	1502 SECTION 42. Section 62 of said chapter 23A is hereby repealed.
1513	1513	1503 SECTION 43. Subsection (a) of section 66 of said chapter 23A, as amended by section
1514	1514	150498 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence
1515	1515	1505and inserting in place thereof the following 2 sentences:- The commission shall seek to enhance
1516	1516	1506the economic vitality of rural communities and to advance the health and well-being of rural
1517	1517	1507residents. For the purposes of this section and section 66A, “rural communities” shall mean 69 of 276
1518	1518	1508municipalities with population density of less than 500 persons per square mile or a population
1519	1519	1509of less than 7,000 persons as shown in the most recent federal decennial census.
1520	1520	1510 SECTION 44. Said chapter 23A is hereby further amended by inserting after said section
1521	1521	151166 the following section:-
1522	1522	1512 Section 66A. (a) The executive office of economic development shall administer a rural
1523	1523	1513development program to promote economic opportunity and prosperity in rural communities.
1524	1524	1514The program shall provide financial assistance on a competitive basis to municipalities, other
1525	1525	1515public entities, community development corporations and nonprofit entities for infrastructure
1526	1526	1516projects, downtown improvements and other projects that advance economic and community
1527	1527	1517development, stable housing markets and other priorities identified by the rural policy advisory
1528	1528	1518commission established in section 66.
1529	1529	1519 (b) The secretary of economic development shall, through guidelines or regulations,
1530	1530	1520establish an application process and criteria to prioritize the distribution of financial assistance,
1531	1531	1521taking into account the diversity of rural communities. The guidelines or regulations shall allow
1532	1532	1522for joint applications by 2 or more rural communities for a single project serving the
1533	1533	1523municipalities.
1534	1534	1524 (c) Annually, not later than June 2, the secretary of economic development shall report on
1535	1535	1525the activities and status of the program to the house and senate committees on ways and means
1536	1536	1526and the joint committee on community development and small businesses.
1537	1537	1527 SECTION 45. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022
1538	1538	1528Official Edition, is hereby amended by striking out the third sentence and inserting in place
1539	1539	1529thereof the following sentence:- For the purposes of this section, “micro business” shall mean a 70 of 276
1540	1540	1530business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10
1541	1541	1531full-time employees; and (iii) annual revenue of not more than $250,000.
1542	1542	1532 SECTION 46. Said section 69 said chapter 23A, as so appearing, is hereby further
1543	1543	1533amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital
1544	1544	1534Corporation” and inserting in place thereof the following words:- growth capital division of the
1545	1545	1535Massachusetts Development Finance Agency.
1546	1546	1536 SECTION 47. Section 16 of chapter 23D of the General Laws, as so appearing, is hereby
1547	1547	1537amended by striking out, in lines 7 and 8, the words “Massachusetts Growth Capital
1548	1548	1538Corporation” and inserting in place thereof the following words:- Massachusetts Development
1549	1549	1539Finance Agency.
1550	1550	1540 SECTION 48. Section 20 of said chapter 23D is hereby repealed.
1551	1551	1541 SECTION 49. Section 1 of chapter 23G of the General Laws, as appearing in the 2022
1552	1552	1542Official Edition, is hereby amended by inserting after the definition of “Bonds” the following
1553	1553	1543definition:-
1554	1554	1544 “Community development corporation” or “CDC”, a community development
1555	1555	1545corporation as defined in section 2 of chapter 40H and certified pursuant to section 2A of said
1556	1556	1546chapter 40H.
1557	1557	1547 SECTION 50. Said section 1 of said chapter 23G, as so appearing, is hereby further
1558	1558	1548amended by striking out the definition of “Massachusetts Health and Educational Facilities
1559	1559	1549Authority” and inserting in place thereof the following 3 definitions:- 71 of 276
1560	1560	1550 “Massachusetts Growth Capital Corporation”, the Massachusetts Growth Capital
1561	1561	1551Corporation established in chapter 40W, the power, functions, assets and liabilities of which
1562	1562	1552have been merged into the Massachusetts Development Finance Agency.
1563	1563	1553 “Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority
1564	1564	1554established in section 4 of chapter 614 of the acts of 1968.
1565	1565	1555 “Micro business”, a business entity with: (i) a principal place of business in the
1566	1566	1556commonwealth; (ii) not more than 10 full-time employees; and (iii) annual revenue of not more
1567	1567	1557than $250,000.
1568	1568	1558 SECTION 51. Said section 1 of said chapter 23G, as so appearing, is hereby further
1569	1569	1559amended by inserting after the definition of “Revenues” the following definition:-
1570	1570	1560 “Small business”, a business entity, including its affiliates, that (i) is independently
1571	1571	1561owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would
1572	1572	1562be defined as a “small business” under applicable federal law.
1573	1573	1563 SECTION 52. Section 2 of said chapter 23G is hereby amended by striking out
1574	1574	1564subsection (b), as amended by section 126 of chapter 7 of the acts of 2023, and inserting in place
1575	1575	1565thereof the following subsection:-
1576	1576	1566 (b) The agency shall be governed and its corporate powers exercised by a board of
1577	1577	1567directors consisting of the secretary of administration and finance or a designee; the secretary of
1578	1578	1568economic development or a designee, who shall serve as chair; and 13 members to be appointed
1579	1579	1569by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be
1580	1580	1570experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage 72 of 276
1581	1581	1571lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be
1582	1582	1572experienced in planning and the redevelopment of environmentally contaminated lands, 1 of
1583	1583	1573whom shall be a representative of organized labor, 1 of whom shall be experienced in
1584	1584	1574community economic development and employed by a CDC or a representative of the
1585	1585	1575Massachusetts Association of Community Development Corporations, 1 of whom shall be a
1586	1586	1576representative of a community bank in the commonwealth, 1 of whom shall be a representative
1587	1587	1577of an organization of small businesses or manufacturing companies in the commonwealth, 1 of
1588	1588	1578whom shall be experienced in small business financing or restructuring and 1 of whom shall be a
1589	1589	1579small business owner. Each member appointed by the governor shall serve for a term of 3
1590	1590	1580years; provided, however, that of the initial appointed members, 4 shall serve terms of 2 years
1591	1591	1581and 5 shall serve terms of 3 years. A person appointed to fill a vacancy in the office of a member
1592	1592	1582of the board shall be appointed in a like manner and shall serve for only the unexpired term of
1593	1593	1583such member. A member shall be eligible for reappointment. A member may be removed from
1594	1594	1584their appointment by the governor for cause.
1595	1595	1585 SECTION 53. Said section 2 of said chapter 23G, as so amended, is hereby further
1596	1596	1586amended by striking out, in line 34, as appearing in the 2022 Official Edition, the word “Six” and
1597	1597	1587inserting in place thereof the following word:- Eight.
1598	1598	1588 SECTION 54. Said section 2 of said chapter 23G is hereby further amended by striking
1599	1599	1589out subsection (l), as so appearing, and inserting in place thereof the following 3 subsections:
1600	1600	1590 (l) The agency shall be the successor to the Massachusetts Growth Capital Corporation,
1601	1601	1591previously established in section 2 of chapter 40W. All real estate, property rights, personal
1602	1602	1592property, funds, moneys, revenues, receipts, contract rights and other intangible assets, 73 of 276
1603	1603	1593equipment and any other ownership, possessory or security interests of any kind whatsoever, or
1604	1604	1594any portion thereof, held by the Massachusetts Growth Capital Corporation including, but not
1605	1605	1595limited to, funds previously appropriated by the commonwealth for the Massachusetts Growth
1606	1606	1596Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to
1607	1607	1597the agency on the same basis and with the same interest as previously held by the Massachusetts
1608	1608	1598Growth Capital Corporation. All obligations and liabilities of said Massachusetts Growth Capital
1609	1609	1599Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or
1610	1610	1600commitment made by the Massachusetts Growth Capital Corporation with respect to any
1611	1611	1601financing, including loans, bond issuances, guarantees and insurance and any other action made
1612	1612	1602by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of
1613	1613	1603the agency.
1614	1614	1604 (m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have
1615	1615	1605bonds or insurance or guarantee commitments outstanding and until its existence is terminated
1616	1616	1606by law. Upon the termination of the existence of the agency, all right, title and interest in and to
1617	1617	1607all of its assets and all of its obligations, duties, covenants and agreements shall vest in and be
1618	1618	1608possessed, performed and assumed by the commonwealth.
1619	1619	1609 (n) Any documentary materials or data made or received by any member or employee of
1620	1620	1610the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets
1621	1621	1611or commercial or financial information regarding the operation of any business conducted by an
1622	1622	1612applicant for any form of assistance that the agency is authorized to render or regarding the
1623	1623	1613competitive position of such applicant in a particular field of endeavor, shall not be deemed
1624	1624	1614public records of the agency and shall not be subject to section 10 of chapter 66. Any discussion
1625	1625	1615or consideration of such trade secrets or commercial or financial information may be held by the 74 of 276
1626	1626	1616board in executive sessions but the purpose of any such executive session shall be set forth in the
1627	1627	1617official minutes of the agency, and no business that is not directly related to such purpose shall
1628	1628	1618be transacted nor shall any vote be taken during such executive session.
1629	1629	1619 SECTION 55. Subsection (a) of section 3 of said chapter 23G, as so appearing, is hereby
1630	1630	1620amended by striking out clause (34) and (35) and inserting in place thereof the following 10
1631	1631	1621clauses:-
1632	1632	1622 (34) to make loans, including working capital and contract based loans, provide
1633	1633	1623guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing
1634	1634	1624devices for the operation of companies which have a principal place of business in the
1635	1635	1625commonwealth including, but not limited to, loans to lending institutions under terms and
1636	1636	1626conditions requiring the proceeds of such loans to be used by such lending institutions for the
1637	1637	1627making of loans for the operation of companies;
1638	1638	1628 (35) to contract or enter into agreements, licenses and easements, with municipalities, the
1639	1639	1629federal government, any agency thereof or any other person or entity including, but not limited
1640	1640	1630to, the commonwealth or any public agencies thereof, regional entities and utility companies, to
1641	1641	1631provide utility services including, but not limited to, electricity, gas, cable television, broadband
1642	1642	1632and telephone services and to acquire, construct, maintain and operate any such systems for
1643	1643	1633utility services;
1644	1644	1634 (36) to borrow money by the issuance of debt obligations whether tax exempt or taxable
1645	1645	1635and secure such obligations by the pledge of its revenues or the revenues, mortgages and notes of
1646	1646	1636others; provided, however, that the corporation shall not issue debt obligations pursuant to this
1647	1647	1637clause if the principal amount of those debt obligations, when added to the principal amount of 75 of 276
1648	1648	1638existing debt obligations issued by the corporation under this clause, excluding debt obligations
1649	1649	1639previously refunded or to be refunded by the corporation, would exceed $30,000,000;
1650	1650	1640 (37) to consent, subject to any contract with noteholders or bondholders, whenever it
1651	1651	1641deems necessary or desirable to implement this chapter, to the modification, with respect to rate
1652	1652	1642of interest, time of payment of an installment of principal or interest, or other terms, of a
1653	1653	1643mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the
1654	1654	1644agency is a party;
1655	1655	1645 (38) to create, issue, buy and sell stock and other capital participation instruments, hold
1656	1656	1646such stock and capital participation instruments and underwrite the creation of a capital market
1657	1657	1647for these securities;
1658	1658	1648 (39) to provide advisory services, technical assistance and training programs to small
1659	1659	1649businesses as may necessary or desirable to carry out this chapter;
1660	1660	1650 (40) to create and issue shares that a person, firm or corporation may purchase; provided,
1661	1661	1651however, that each share issued shall be in the form of non-voting common stock with each share
1662	1662	1652having a par value of $10; provided, however, that the total value of the shares issued shall not
1663	1663	1653exceed $25,000,000;
1664	1664	1654 (41) to make loans or grants to, or otherwise finance or invest in, a business to further the
1665	1665	1655purposes of this chapter; provided, however, that such loans or grants may be made to certified
1666	1666	1656community development corporations or other community based nonprofit entities for the
1667	1667	1657purpose of such corporations or entities providing financing to businesses; 76 of 276
1668	1668	1658 (42) to provide loan guarantees to public or private entities for the purpose of causing
1669	1669	1659such entities to provide financing to a business; and
1670	1670	1660 (43) to require, by contract in a financing agreement, or otherwise, specific operational
1671	1671	1661activities, financial actions or management changes, as conditions for the receipt of a loan,
1672	1672	1662financing or investment by the corporation.
1673	1673	1663 SECTION 56. Said subsection (a) of said section 3 of said chapter 23G is hereby further
1674	1674	1664amended by inserting after clause (43), inserted by section 55, the following paragraph:-
1675	1675	1665 No debt obligation issued under clause (36), no stock or capital participation instrument
1676	1676	1666created under clause (38) and no share issued under clause (40) by the agency shall be or become
1677	1677	1667an indebtedness or obligation of the commonwealth and shall be plainly stated on the face of
1678	1678	1668each bond, capital participation instrument, share or other evidence of indebtedness that it does
1679	1679	1669not constitute an indebtedness or obligation of the commonwealth and is payable solely from the
1680	1680	1670revenues or income of the agency.
1681	1681	1671 SECTION 57. Said chapter 23G is hereby further amended by adding the following 2
1682	1682	1672sections:-
1683	1683	1673 Section 48. (a) There shall be within the agency a growth capital division to provide
1684	1684	1674growth capital and other financial assistance to small businesses.
1685	1685	1675 (b) The agency may participate in projects to provide capital or increase or improve the
1686	1686	1676availability of capital; provided, however, that before such participation, the agency shall find
1687	1687	1677and incorporate in the official records of the corporation that the project is reasonably expected
1688	1688	1678to: (i) support or promote economic development, revitalization or stability; (ii) promote 77 of 276
1689	1689	1679employment opportunities for residents; (iii) promote the creation or retention of jobs; or (iv)
1690	1690	1680support the creation or expansion of a business sector whose success would enhance the
1691	1691	1681economic development of the commonwealth, quality of life of residents of or employment
1692	1692	1682opportunities for residents.
1693	1693	1683 The agency shall not participate in a project unless it determines, in writing, that its
1694	1694	1684participation is necessary because without such participation adequate funding for the project
1695	1695	1685would not be available or would be offered on terms that would preclude the success of the
1696	1696	1686project. The agency shall prioritize participation in projects that enhance the quality of life of a
1697	1697	1687target area as defined in section 2 of chapter 40H or enhance the quality of life and promote
1698	1698	1688employment opportunities for low- and moderate-income residents of the commonwealth. If a
1699	1699	1689certified community development corporation requests that the agency participate in a project,
1700	1700	1690the agency shall make a determination of whether the project is likely to provide employment
1701	1701	1691opportunities to or enhance the quality of life of low- and moderate-income residents of the
1702	1702	1692commonwealth, or whether the project supports the creation or expansion of the business sector
1703	1703	1693in the region served by the CDC.
1704	1704	1694 (c) The agency may participate in projects to provide capital or increase or improve the
1705	1705	1695availability of capital available to minority-owned or women-owned contractors. The agency
1706	1706	1696shall not participate in a project unless it determines, in writing, that its participation is necessary
1707	1707	1697because without such participation adequate funding for the project would not be available or
1708	1708	1698would be offered on terms that would preclude the success of the project. The agency shall
1709	1709	1699endeavor to participate in projects each year that promote the equitable growth of minority-
1710	1710	1700owned or women-owned businesses. 78 of 276
1711	1711	1701 (d) The agency may establish or invest in the capital stock of any corporation organized
1712	1712	1702to increase capital available to small businesses or to engage local residents and businesses to
1713	1713	1703work together to undertake programs, projects and activities that develop and improve urban,
1714	1714	1704rural and suburban communities by creating and expanding economic opportunities for low- and
1715	1715	1705moderate-income people. Without limitation, any such corporation may: (i) serve as a financial
1716	1716	1706intermediary between entities undertaking projects and small businesses and public or private
1717	1717	1707sources of capital including, but not limited to, direct lenders, guarantors or grant makers; and
1718	1718	1708(ii) provide financial and managerial consulting services to entities undertaking projects, small
1719	1719	1709businesses and minority-owned or women-owned contractors. Any corporation so organized
1720	1720	1710may accomplish its purposes by means of investing in the equity capital of, making grants to,
1721	1721	1711making loans to or issuing loan guarantees to entities undertaking projects or to small businesses.
1722	1722	1712The agency may have a controlling or a minority interest in such a corporation, as the directors
1723	1723	1713of the agency shall determine; provided, however, that at least 1 director of the agency shall sit
1724	1724	1714on the board of directors of the corporation.
1725	1725	1715 (e) Before making an investment in the equity capital of, making grants to, making loans
1726	1726	1716to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation
1727	1727	1717established or in which the agency has invested under subsection (d) shall make the following
1728	1728	1718findings:
1729	1729	1719 (i) such action is consistent with the objectives of this section and may reasonably be
1730	1730	1720expected to contribute to the redevelopment and economic well-being of the commonwealth, will
1731	1731	1721create or retain jobs or will assist minority- or women-owned businesses; 79 of 276
1732	1732	1722 (ii) the funds provided by the agency will be used solely in connection with the costs of
1733	1733	1723the project or the operation of the small business;
1734	1734	1724 (iii) the contract for participation in a project requires: (A) adequate reporting of financial
1735	1735	1725data from the small business or project to the corporation; (B) that a business receiving financial
1736	1736	1726products shall participate in financial and managerial consulting services; and (C) an annual or
1737	1737	1727other periodic audit of the books of the project or the small business; and
1738	1738	1728 (iv) the corporation’s participation is necessary to the successful completion of the
1739	1739	1729proposed project or to the success of the small business because funding for the project or small
1740	1740	1730business is unavailable in the traditional capital markets or that credit has been offered on terms
1741	1741	1731that would preclude the success of the project or the small business.
1742	1742	1732 If the agency desires to sell or otherwise dispose of stock received under a contract under
1743	1743	1733this section, the small business or entity undertaking a project, or the small business or entity’s
1744	1744	1734nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to
1745	1745	1735meet a subsequent bona fide offer by a third party. The agency shall not, individually or in
1746	1746	1736combination with a corporation established or invested in by the agency under this section, own
1747	1747	1737more than 49 per cent of the voting stock in a small business. Upon the request of the agency,
1748	1748	1738the commissioner of banks shall examine the books of a corporation established or invested in by
1749	1749	1739the agency under this section, if such examination is a condition of the particular investment,
1750	1750	1740lending, loan guaranty or grant program administered by such corporation.
1751	1751	1741 (f) The agency shall establish a program to support the provision of financial and
1752	1752	1742managerial consulting and technical assistance to eligible companies that receive financial
1753	1753	1743assistance from the commonwealth or any public authorities thereof. Services that may be 80 of 276
1754	1754	1744supported shall include, but not be limited to, procurement of investment capital, management,
1755	1755	1745administration, production, product marketing, assisting business in securing federal contracts
1756	1756	1746and business expansion, renovation and diversification. The program may include: (i) referrals to
1757	1757	1747technical assistance provided without charge to eligible companies by public and private small
1758	1758	1748business support organizations; (ii) financial support to engage private consultants; and (iii) a
1759	1759	1749directory of organizations, experts and consultants available to be engaged to offer financial or
1760	1760	1750managerial consulting services. The agency shall coordinate the program with the United State
1761	1761	1751Small Business Administration, the Massachusetts Small Business Development Center Network
1762	1762	1752and other private for profit and nonprofit providers of consulting and technical assistance to
1763	1763	1753small businesses.
1764	1764	1754 (g) The agency may provide matching grants to fund consulting and technical assistance
1765	1765	1755to small businesses who receive financial assistance from the commonwealth or any of the
1766	1766	1756commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay
1767	1767	1757for mandated small business consulting and technical assistance services. Prior to awarding a
1768	1768	1758grant, the agency shall have determined that the financial or managerial consulting services
1769	1769	1759mandated as a condition of financial support of the small business are not available without
1770	1770	1760charge from an entity participating in the program and that procuring such services creates a
1771	1771	1761hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this
1772	1772	1762subsection shall require a 100 per cent match by the recipient.
1773	1773	1763 (h) The agency may disburse loans and grants to low- and moderate-income
1774	1774	1764entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth,
1775	1775	1765in consultation with the micro business development center established by section 69 of chapter
1776	1776	176623A. 81 of 276
1777	1777	1767 Section 49. (a) The agency may establish and administer an economic stabilization
1778	1778	1768program to provide flexible, high-risk financing:
1779	1779	1769 (i) necessary to implement a change of ownership, corporate restructuring or turnaround
1780	1780	1770plan for economically viable but troubled businesses that face the likelihood of a large
1781	1781	1771employment loss in the commonwealth, closure of a plant located in the commonwealth or
1782	1782	1772failure without such a change of ownership, corporate restructuring or turnaround plan; provided,
1783	1783	1773however, that the program shall provide assistance to firms in specific mature industries for the
1784	1784	1774purpose of technological investment or upgrading of management operations in order for the
1785	1785	1775business to maintain future economic stability; and provided further, that the financial
1786	1786	1776participation of the agency shall aim to supplement private financial institutions and public
1787	1787	1777economic development agencies when such institutions are unable to provide all the financing or
1788	1788	1778bear all of the risk necessary to transfer ownership, restructure or turnaround a business where
1789	1789	1779the business might otherwise fail, experience closure of a plant located in the commonwealth or
1790	1790	1780greatly reduce its employment in the commonwealth; and
1791	1791	1781 (ii) in connection with starting up employee-owned businesses or the implementation of
1792	1792	1782employee-ownership projects; provided, however, that the financial participation of the agency
1793	1793	1783shall aim to supplement private financial institutions and public economic development agencies
1794	1794	1784when such institutions are unable to provide all the financing or bear all of the risk necessary to
1795	1795	1785starting up an employee-owned business or implement an employee-ownership project.
1796	1796	1786 (b) Before providing assistance in connection with the purchase of a troubled business
1797	1797	1787pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in
1798	1798	1788the minutes of a meeting of the directors that the business: 82 of 276
1799	1799	1789 (i) is likely to experience a large loss of employment in the commonwealth, closure of a
1800	1800	1790plant located in the commonwealth or failure without the loan, financing or investment by the
1801	1801	1791agency;
1802	1802	1792 (ii) within a specific mature industry, requires assistance to technological investment or
1803	1803	1793upgrading of management operations for the business to maintain future economic stability;
1804	1804	1794 (iii) or person seeking to purchase the troubled business has taken or shall take such
1805	1805	1795actions as the directors deem necessary to ensure the business has a reasonable chance to
1806	1806	1796continue as a successful business including, but not limited to, changes in its operations,
1807	1807	1797financing or management, and that the actions are included as a condition for financing by the
1808	1808	1798agency in the financing agreement; and
1809	1809	1799 (iv) or person seeking to purchase the troubled business has made diligent efforts to
1810	1810	1800obtain the financing necessary to continue its operations or transfer ownership of the business
1811	1811	1801from private financial institutions and public economic development agencies and such financing
1812	1812	1802is unavailable or has been offered on terms that would prevent the successful continuation or
1813	1813	1803change in ownership of the business.
1814	1814	1804 (c) When providing assistance in connection with starting up an employee-owned
1815	1815	1805business or implementation of an employee-ownership project pursuant to this clause (ii) of
1816	1816	1806subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the
1817	1817	1807directors that the business:
1818	1818	1808 (i) or person seeking assistance has taken or shall take such actions as the directors deem
1819	1819	1809necessary to ensure that the employee-owned business or employee-ownership project has a
1820	1820	1810reasonable chance to succeed; and 83 of 276
1821	1821	1811 (ii) except with respect to assistance for pre-feasibility and feasibility studies, has made
1822	1822	1812diligent efforts to obtain the financing necessary to institute or implement the employee-
1823	1823	1813ownership project from private financial institutions and public economic development agencies
1824	1824	1814and such financing is unavailable or has been offered on terms that would prevent the successful
1825	1825	1815institution or implementation of the employee-owned business or employee-ownership project.
1826	1826	1816 (d) The agency shall seek to direct not less than10 percent of the financing provided by
1827	1827	1817the economic stabilization program to businesses that are employee-owned businesses to meet
1828	1828	1818the purposes of this section.
1829	1829	1819 SECTION 58. Chapter 23I of the General Laws is hereby amended by striking out
1830	1830	1820section 1, as appearing in the 2022 official edition, and inserting in place thereof the following
1831	1831	1821section:-
1832	1832	1822 Section 1. The general court finds and declares that:
1833	1833	1823 (i) research in the life sciences and regenerative and preventative medicine presents a
1834	1834	1824significant opportunity of yielding fundamental biological knowledge from which therapies may
1835	1835	1825emanate to relieve, on a large scale, human suffering from disease and injury;
1836	1836	1826 (ii) the extraordinary biomedical scientists working within institutions of higher
1837	1837	1827education, research institutes, hospitals and life sciences companies can contribute significantly
1838	1838	1828to the welfare of humanity by performing outstanding research in these fields;
1839	1839	1829 (iii) promoting the health of residents is a fundamental purpose of state government;
1840	1840	1830 (iv) promoting life sciences research to foster the development of the next generation of
1841	1841	1831health-related innovations, to enhance the competitive position of the commonwealth in this vital 84 of 276
1842	1842	1832sector of the economy and to improve the quality and delivery of health care for the people of the
1843	1843	1833commonwealth is a clear public purpose and governmental function;
1844	1844	1834 (v) public support for and promotion of the life sciences will benefit the commonwealth
1845	1845	1835and its residents through improved health status and health outcomes, economic development
1846	1846	1836and contributions to scientific knowledge and such research will lead to breakthroughs and
1847	1847	1837improvements that might not otherwise be discovered due to the lack of existing market
1848	1848	1838incentives, especially in the area of regenerative and preventative medicine, including stem cell
1849	1849	1839research;
1850	1850	1840 (vi) public support for, and promotion of, life sciences research that mayprovide cures or
1851	1851	1841new treatments for many debilitating diseases that cause tremendous human suffering and cost
1852	1852	1842the commonwealth millions of dollars each year;
1853	1853	1843 (vii) it is imperative for the purposes of the commonwealth's competitiveness to invest in
1854	1854	1844life sciences research, biotechnology, nanotechnology, biosecurity and health-related artificial
1855	1855	1845intelligence to leverage revenues and encourage cooperation and innovation among public and
1856	1856	1846private institutions involved in life sciences research and related applications;
1857	1857	1847 (viii) the purposes of this chapter is to continue the establishment of the Massachusetts
1858	1858	1848Life Sciences Center, to grant that center the power to contract with other entities to receive
1859	1859	1849other funds and to disburse those funds consistent with the purpose of this chapter;
1860	1860	1850 (ix) the Massachusetts Life Sciences Center will: (i) promote the best available research
1861	1861	1851in life sciences disciplines through diverse institutions and to build upon existing strengths in the
1862	1862	1852area of biosciences in order to spread the economic benefits across the commonwealth; and (ii)
1863	1863	1853foster improved health care outcomes in the commonwealth and the world; and 85 of 276
1864	1864	1854 (x) the investments of the Massachusetts Life Sciences Center wll support future
1865	1865	1855statewide, comprehensive strategies to lead the nation in life sciences-related research,
1866	1866	1856innovations and employment.
1867	1867	1857 SECTION 59. Section 2 of said chapter 23I, as so appearing, is hereby amended by
1868	1868	1858inserting after the definition of “Equity investment” the following definition:-
1869	1869	1859 “Health equity”, addressing the preventable disproportion and differences in the burden
1870	1870	1860of disease, experienced by populations that have been disadvantaged by their social or economic
1871	1871	1861status, geographic location or environment.
1872	1872	1862 SECTION 60. Said section 2 of said chapter 23I, as so appearing, is hereby further
1873	1873	1863amended by striking out the definition of “Life sciences” and inserting in place thereof the
1874	1874	1864following definition:-
1875	1875	1865 “Life sciences”, advanced and applied sciences that expand the understanding of human
1876	1876	1866physiology and have the potential to lead to medical advances or therapeutic applications
1877	1877	1867including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
1878	1878	1868engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences-related artificial
1879	1879	1869intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
1880	1880	1870marine biology, marine technology, medical technology, medical devices, nanotechnology,
1881	1881	1871natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
1882	1882	1872interference, stem cell research and veterinary science.
1883	1883	1873 SECTION 61. Section 3 of said chapter 23I is hereby amended by striking out subsection
1884	1884	1874(b), as amended by section 133 of chapter 7 of the acts of 2023, and inserting in place thereof the
1885	1885	1875following subsection:- 86 of 276
1886	1886	1876 (b)(1) The center shall be governed and its corporate powers exercised by a board of
1887	1887	1877directors consisting of: the secretary of administration and finance or a designee, who shall serve
1888	1888	1878as co-chair; the secretary of economic development or a designee, who shall serve as co-chair;
1889	1889	1879the president of the University of Massachusetts or a designee; and 6 members to be appointed
1890	1890	1880by the governor, 1 of whom shall be a chief executive officer of a life sciences corporation based
1891	1891	1881in the commonwealth who shall be a member of the board of directors of the Massachusetts
1892	1892	1882Biotechnology Council, Inc., 1 of whom shall be a researcher involved in the commercialization
1893	1893	1883of biotechnology, pharmaceuticals, medical technology or medical diagnostic products, 1 of
1894	1894	1884whom shall have significant experience in the medical device sector who shall be a member of
1895	1895	1885the board of directors of the Massachusetts Medical Device Industry Council, Inc., 1 of whom
1896	1896	1886shall have significant experience in the health equity subsector of the life sciences sector, 1 of
1897	1897	1887whom shall have significant experience in the digital health subsector of the life sciences sector
1898	1898	1888and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital
1899	1899	1889Association, Inc.
1900	1900	1890 (2) Each appointed member of the board shall serve for a term of 5 years; provided,
1901	1901	1891however, that in making the initial appointments, the governor shall appoint 1 director to serve
1902	1902	1892for a term of 1 year, 1 director to serve for a term of 2 years, 1 director to serve for a term of 3
1903	1903	1893years and 1 director to serve for a term of 4 years. A person appointed to fill a vacancy in the
1904	1904	1894office of an appointed director of the board shall be appointed in a like manner and shall serve
1905	1905	1895for only the unexpired term of such director. An appointed director shall be eligible for
1906	1906	1896reappointment. A director appointed by the governor may be removed from their appointment by
1907	1907	1897the governor for cause. 87 of 276
1908	1908	1898 SECTION 62. Said section 3 of said chapter 23I is hereby further amended by striking
1909	1909	1899out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place
1910	1910	1900thereof the following word:- Six.
1911	1911	1901 SECTION 63. Said section 3 of said chapter 23I is hereby further amended by inserting
1912	1912	1902after the word “center,” in line 71, as so appearing, the following words:- ; provided, however,
1913	1913	1903that the president may elect to appoint and employ a chief administrative and operational officer.
1914	1914	1904 SECTION 64. Section 4 of said chapter 23I is hereby amended by striking out, in line 64,
1915	1915	1905as so appearing, the word “Investment” and inserting in place thereof the following word:-
1916	1916	1906Breakthrough.
1917	1917	1907 SECTION 65. Subsection (a) of said section 4 of said chapter 23I is hereby amended by
1918	1918	1908inserting after clause (23), as so appearing, the following clause:-
1919	1919	1909 (231/2) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of
1920	1920	1910higher education, nonprofit organizations, other public or quasi-public entities in the
1921	1921	1911commonwealth and certified life sciences companies; provided, however, that eligible grantees
1922	1922	1912shall include private businesses; provided further, that grants shall be awarded and administered
1923	1923	1913consistent with the strategic goals and priorities of the center; provided further, that grants
1924	1924	1914administered for the purchase of equipment to be owned by, leased to or located within the
1925	1925	1915premises of a private business shall be made in support of a partnership with an institution of
1926	1926	1916higher education or nonprofit corporation with a mission of supporting the life sciences;
1927	1927	1917provided further, that a private university or business entity shall not be eligible for a grant
1928	1928	1918unless the center has made a finding that a grant to such university or entity will result in a
1929	1929	1919significant public benefit and the private benefit is incidental to a legitimate public purpose; and 88 of 276
1930	1930	1920provided further, that grants shall be awarded in a manner that promotes geographic and social
1931	1931	1921economic equity;.
1932	1932	1922 SECTION 66. Said section 4 of said chapter 23I is hereby further amended by striking
1933	1933	1923out, in line 159, as so appearing, the words “Investment Fund, established pursuant to section 5”
1934	1934	1924and inserting in place thereof the following word:- Breakthrough Fund, established in section 6.
1935	1935	1925 SECTION 67. Subsection (a) of said section 4 of said chapter 23I is hereby amended by
1936	1936	1926striking out clauses (31) and (32), as so appearing, and inserting in place thereof the following 3
1937	1937	1927clauses:-
1938	1938	1928 (31) to track and report to the general court on federal initiatives that have an impact on
1939	1939	1929life sciences companies doing business in the commonwealth;
1940	1940	1930 (32) to create award programs to acknowledge successful companies, public and private
1941	1941	1931institutions and programs in industry-specific areas, as determined by the center; and
1942	1942	1932 (33) to convene an advisory board as may be necessary in its judgment to carry out this
1943	1943	1933chapter.
1944	1944	1934 SECTION 68. Section 5 of said chapter 23I is hereby amended by striking out, in line 64,
1945	1945	1935as so appearing, the word “Investment” and inserting in place thereof the following word:-
1946	1946	1936Breakthrough.
1947	1947	1937 SECTION 69. Said section 5 of said chapter 23I is hereby further amended by striking
1948	1948	1938out, in line 107, as so appearing, the figure “5” and inserting in place thereof the following
1949	1949	1939figure:- 3. 89 of 276
1950	1950	1940 SECTION 70. Said chapter 23I is hereby further amended by striking out section 6, as so
1951	1951	1941appearing, and inserting in place thereof the following section:-
1952	1952	1942 Section 6. (a) There shall be within the center a Life Sciences Breakthrough Fund to
1953	1953	1943finance the activities of the center. The fund shall be credited with: (i) any appropriations or
1954	1954	1944other money authorized by the general court and specifically designated to be credited to the
1955	1955	1945fund; (ii) additional funds subject to the direction and control of the center; (iii) pension funds;
1956	1956	1946(iv) federal grants or loans directed to the fund; (v) royalties or private investment capital that
1957	1957	1947may properly be applied in furtherance of the objectives of the fund; (vi) any proceeds from the
1958	1958	1948sale of qualified investments secured or held by the fund; (vii) fees and charges imposed relative
1959	1959	1949to the making of qualified investments as defined by the center, secured or held by the fund; and
1960	1960	1950(viii) any other money that may be available to the center for the purposes of the fund from any
1961	1961	1951other sources. Any funds deposited in the fund shall be available to the center for the purposes of
1962	1962	1952this section without further appropriation. All available money in the fund that is unexpended at
1963	1963	1953the end of each fiscal year shall not revert to the General Fund and shall be available for
1964	1964	1954expenditure in the subsequent fiscal year.
1965	1965	1955 (b) The center shall invest and reinvest the fund and the income thereof as follows:
1966	1966	1956 (i) making qualified investments pursuant to subsection (c);
1967	1967	1957 (ii) defraying the ordinary and necessary expenses for the administration and operation of
1968	1968	1958the center; provided, however, that administrative and operational expenses shall not exceed 15
1969	1969	1959per cent of the maximum amount authorized to be expended from the fund in a fiscal year;
1970	1970	1960 (iii) investing any funds not required for immediate disbursement in the purchase of such
1971	1971	1961securities as may be lawful investments for fiduciaries in the commonwealth; 90 of 276
1972	1972	1962 (iv) paying binding obligations associated with such qualified investments that shall be
1973	1973	1963secured by the fund as the same become payable; or
1974	1974	1964 (v) paying principal or interest on qualified investments secured by the fund or paying
1975	1975	1965any redemption premium required to be paid when such qualified investments shall be redeemed
1976	1976	1966prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time
1977	1977	1967in such an amount that would reduce the amount of the fund to less than the minimum
1978	1978	1968requirement established by the board, except to pay binding obligations associated with qualified
1979	1979	1969investments which shall be secured by the fund as the same become payable.
1980	1980	1970 (c) The fund shall be held and applied by the center, subject to the approval of the board,
1981	1981	1971to make qualified investments, grants, research and other funding and loans designed to advance
1982	1982	1972the following public purposes for the life sciences:
1983	1983	1973 (i) stimulating increased financing for the expansion of research and development by
1984	1984	1974leveraging private financing for highly productive state-of-the-art research and development
1985	1985	1975facilities, equipment and instrumentation and by providing financing related thereto including,
1986	1986	1976but not limited to, financing for the construction or expansion of such new facilities;
1987	1987	1977 (ii) making targeted investments, including research funding, proof of concept funding
1988	1988	1978and funding for the development of devices, drugs or therapeutics and promoting manufacturing
1989	1989	1979activities for new or existing advanced technologies and life sciences research; provided,
1990	1990	1980however, that funding provided for the purchase of equipment to be owned by, leased to or
1991	1991	1981located within the premises of a private businesses shall be made in support of a partnership with
1992	1992	1982an institution of higher education or nonprofit corporation with a mission of supporting the life
1993	1993	1983sciences in the commonwealth; provided further, that a private university or business entity shall 91 of 276
1994	1994	1984not be eligible for funding unless the center has made a finding that such funding will result in a
1995	1995	1985significant public benefit and the private benefit is incidental to a legitimate public purpose; and
1996	1996	1986provided further, that grants shall be awarded in a manner that promotes geographic, social and
1997	1997	1987economic equity.
1998	1998	1988 (iii) making matching grants to colleges, universities, independent research institutions,
1999	1999	1989nonprofit entities, public instrumentalities, companies and other entities in connection with
2000	2000	1990support from the federal government, industry and other grant-funding sources related to the
2001	2001	1991expansion of research and development and increasing and strengthening economic
2002	2002	1992development, employment opportunities and commercial and industrial sectors in the field of life
2003	2003	1993sciences;
2004	2004	1994 (iv) providing bridge financing to colleges, universities, independent research institutions,
2005	2005	1995nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants
2006	2006	1996as described in clause (iii) awarded or to be awarded by the federal government, industry or other
2007	2007	1997sources;
2008	2008	1998 (v) providing fellowships, co-ops, high school internships, for which additional
2009	2009	1999consideration shall be given to socially or economically disadvantaged students at schools where
2010	2010	2000at least 80 per cent of the student population is eligible for free or reduced lunch, college
2011	2011	2001internships, for which additional consideration shall be given to socially or economically
2012	2012	2002disadvantaged students enrolled full-time or part-time at a community college, loans and grants;
2013	2013	2003 (vi) providing workforce training grants to prepare individuals for life sciences careers;
2014	2014	2004 (vii) providing funding for development, coordination and marketing of higher education
2015	2015	2005programs; and 92 of 276
2016	2016	2006 (viii) making qualified grants to certified life sciences companies for site remediation,
2017	2017	2007preparation and ancillary infrastructure improvement projects.
2018	2018	2008 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives
2019	2019	2009including, but not limited to:
2020	2020	2010 (i) international trade initiatives;
2021	2021	2011 (ii) qualified grants and equity investments to further workforce development and
2022	2022	2012education in the life sciences and to promote a diverse life sciences workforce;
2023	2023	2013 (iii) activities that facilitate the transfer of technology from the commonwealth's research
2024	2024	2014institutions to the commonwealth's life science industries for productive use by such industries
2025	2025	2015and targeted investments in proof of concept funding for emerging technologies;
2026	2026	2016 (iv) a program to promote, in collaboration with the department of agricultural resources,
2027	2027	2017the research and development of plant-made pharmaceuticals and industrial products through
2028	2028	2018field trials;
2029	2029	2019 (v) initiatives to promote the research, development, adoption and productive application
2030	2030	2020of artificial intelligence within the commonwealth’s life science industries;
2031	2031	2021 (vi) initiatives to promote health equity, including programs that help to identify and
2032	2032	2022address preventable disproportion and differences in the burden of disease or opportunities to
2033	2033	2023achieve optimal health experienced by populations that have been disadvantaged by their social
2034	2034	2024or economic status, geographic location or environment; 93 of 276
2035	2035	2025 (vii) initiatives to promote the efficient collection, storage and sharing of biological
2036	2036	2026samples and health information to assist with research and development of new treatments for
2037	2037	2027disease or otherwise improve patient outcomes;
2038	2038	2028 (viii) initiatives to promote biomanufacturing and supply chain resiliency in the life
2039	2039	2029sciences;
2040	2040	2030 (ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and
2041	2041	2031 (x) a program to make qualified equity investments in early-stage life sciences companies
2042	2042	2032and enterprises seeking to raise seed capital; provided, however, that qualified equity
2043	2043	2033investments shall not exceed $250,000 in any 1 enterprise; provided further, that the center shall
2044	2044	2034not make such qualified equity investments unless the: (A) investment has been approved by a
2045	2045	2035majority vote of the board; (B) recipient is a certified life sciences company under section 5; and
2046	2046	2036(C) center finds, to the extent possible, that a definite benefit to the commonwealth's economy is
2047	2047	2037reasonably be expected from the investment.
2048	2048	2038 In evaluating a request or application for a qualified equity investment under clause (x),
2049	2049	2039the center shall consider whether:
2050	2050	2040 (i) the proceeds of the qualified equity investment shall only be used to cover the seed
2051	2051	2041capital needs of the enterprise except as hereinafter authorized;
2052	2052	2042 (ii) the enterprise has a reasonable chance of success;
2053	2053	2043 (iii) the center's participation is necessary to the success of the enterprise because funding
2054	2054	2044for the enterprise is unavailable in the traditional capital markets or contingent upon matching 94 of 276
2055	2055	2045funds or because funding has been offered on terms that would substantially hinder the success
2056	2056	2046of the enterprise;
2057	2057	2047 (iv) the enterprise has reasonable potential to create a substantial amount of primary
2058	2058	2048employment, as defined in section 1 of chapter 23G, in the commonwealth;
2059	2059	2049 (v) the enterprise’s principals have made or are prepared to make a substantial financial
2060	2060	2050and time commitment to the enterprise; (vi) the securities to be purchased shall be qualified
2061	2061	2051securities;
2062	2062	2052 (vii) a reasonable possibility exists that the center shall, at a minimum, recoup its initial
2063	2063	2053investment;
2064	2064	2054 (viii) binding commitments have been made to the center by the enterprise for adequate
2065	2065	2055reporting of financial data to the center, which shall include a requirement for an annual or other
2066	2066	2056periodic audit of the books of the enterprise, and for such control on the part of the center as the
2067	2067	2057board shall consider prudent over the management of the enterprise to protect the investment of
2068	2068	2058the center, including the board's right to access, without limitation, financial and other records of
2069	2069	2059the enterprise; and
2070	2070	2060 (ix) a reasonable effort has been made to find a professional investor to invest in the
2071	2071	2061enterprise and such effort was unsuccessful.
2072	2072	2062 (e) The center shall not make a qualified investment pursuant subsection (c) unless:
2073	2073	2063 (i) the investment has been approved by a majority vote of the board;
2074	2074	2064 (ii) the recipient is a certified life sciences company pursuant to section 5 or a project or
2075	2075	2065initiative listed in subsection (d); 95 of 276
2076	2076	2066 (iii) the center finds, to the extent possible, that a definite benefit to the commonwealth's
2077	2077	2067economy may reasonably be expected from the qualified investment; provided, however, that in
2078	2078	2068evaluating a request or application for investment under this subsection, the center shall consider:
2079	2079	2069 (A) the appropriateness of the project;
2080	2080	2070 (B) whether the project has significant potential to expand employment in the
2081	2081	2071commonwealth;
2082	2082	2072 (C) the project’s potential to enhance technological advancements;
2083	2083	2073 (D) the project's potential to lead to a breakthrough medical treatment for a particular
2084	2084	2074disease or medical condition;
2085	2085	2075 (E) the project's potential for leveraging additional funding or attracting resources to the
2086	2086	2076commonwealth;
2087	2087	2077 (F) the project's potential to promote manufacturing in the commonwealth; and
2088	2088	2078 (G) evidence of potential royalty income and contractual means to recapture such income
2089	2089	2079for the purposes of this chapter, as the center considers appropriate;
2090	2090	2080 (iv) to the extent the investment is a capital investment made pursuant to clause (viii) of
2091	2091	2081subsection (c), the investment has been approved by the secretary of administration and finance
2092	2092	2082upon request of the center; provided, however, that such request shall be submitted to the
2093	2093	2083secretary in writing and shall include, but not be limited to:
2094	2094	2084 (A) a description of the project or program to be funded; 96 of 276
2095	2095	2085 (B) the economic benefits to the commonwealth that can reasonably be expected from the
2096	2096	2086project or program;
2097	2097	2087 (C) a copy of the proposed contract or other document executing the transaction between
2098	2098	2088the center and the recipient of the funds;
2099	2099	2089 (D) a description of the contractual or other legal remedies available to the center upon
2100	2100	2090non-performance of the contract or other document executing the transaction by the recipient
2101	2101	2091including, but not limited to, any provisions for restitution or reimbursement of the funds
2102	2102	2092granted, loaned or otherwise invested in or with the recipient; and
2103	2103	2093 (E) any other information as the secretary may determine; and
2104	2104	2094 (v) the investment conforms with the rules approved by the board; provided, however,
2105	2105	2095that the rules shall set the terms and conditions for investments that shall constitute qualified
2106	2106	2096investments including, but not limited to, loans, guarantees, loan insurance or reinsurance, equity
2107	2107	2097investments, grants awarded pursuant to clause (iii) of subsection (c), other financing or redit
2108	2108	2098enhancing devices, as established by the center directly, on its own behalf or in conjunction with
2109	2109	2099other public instrumentalities, private institutions or the federal government; provided further,
2110	2110	2100that said rules shall provide that qualified investments made pursuant to clauses (i) and (ii) of
2111	2111	2101said subsection (c) shall involve a transaction with the participation of at least 1 at-risk private
2112	2112	2102party; provided further, that the rules shall establish the terms, procedures, standards and
2113	2113	2103conditions that the center shall utilize to identify qualified applications, process applications,
2114	2114	2104make investment determinations, safeguard the fund, advance the objective of increasing
2115	2115	2105employment opportunities, oversee the progress of qualified investments and secure the
2116	2116	2106participation of other public instrumentalities, private institutions or the federal government in 97 of 276
2117	2117	2107such qualified investments; and provided further, that said rules shall provide for negotiated
2118	2118	2108intellectual property agreements between the center and a qualified investment recipient that
2119	2119	2109shall include the terms and conditions by which the fund's support may be reduced or withdrawn.
2120	2120	2110 (f) The center may solicit investments by private institutions or investors in the activities
2121	2121	2111of the fund and may reach agreements with such private institutions or investors regarding the
2122	2122	2112terms of any such investments including, but not limited to, the rights of such investors to
2123	2123	2113participate in the income or appropriation of the fund. To further the objective of securing
2124	2124	2114investments by private institutions or investors in the activities of the fund, the center may
2125	2125	2115develop a proposal creating a separate investment entity, which shall permit the commingling of
2126	2126	2116the fund's resources with maximum participation by such private institutions or investors in a
2127	2127	2117manner consistent with the public purpose of the fund and under the terms and conditions
2128	2128	2118established to protect and preserve the assets of the fund.
2129	2129	2119 (g) Copies of the approved rules, and any modifications, shall be submitted to the clerks
2130	2130	2120of the senate and house of representatives, the house and senate committees on ways and means
2131	2131	2121and the joint committee on economic development and emerging technologies.
2132	2132	2122 (h) Qualified investment transactions made by the center pursuant to this section shall
2133	2133	2123not, except as specified in this chapter, be subject to chapter 175, shall be payable solely from the
2134	2134	2124fund and shall not constitute a debt or pledge of the full faith and credit of the commonwealth,
2135	2135	2125the center or any subdivision of the commonwealth.
2136	2136	2126 (i) The center shall not make an expenditure from or a commitment of the assets of the
2137	2137	2127fund including, but not limited to, the making of qualified investments secured by the fund, if 98 of 276
2138	2138	2128following the making of said qualified investment, the amount of the fund shall be less than the
2139	2139	2129minimum requirement established by the board.
2140	2140	2130 SECTION 71. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby
2141	2141	2131amended by adding the following sentence:- The center may, in its discretion, transfer funds
2142	2142	2132from the Life Sciences Breakthrough Fund established in section 6 to the Dr. Craig C. Mello
2143	2143	2133Small Business Equity Investment Fund to implement this section.
2144	2144	2134 SECTION 72. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby
2145	2145	2135amended by adding the following sentence:- The center may, in its discretion, transfer funds
2146	2146	2136from the Life Sciences Breakthrough Fund established in section 6 to the Dr. Judah Folkman
2147	2147	2137Higher Education Grant Fund to advance the purposes of this section.
2148	2148	2138 SECTION 73. Sections 9, 10 and 12 of said chapter 23I are hereby repealed.
2149	2149	2139 SECTION 74. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is
2150	2150	2140hereby amended by striking out, in line 18, the words “October 1” and inserting in place thereof
2151	2151	2141the following words:- December 31.
2152	2152	2142 SECTION 75. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
2153	2153	2143amended by inserting after the definition of “Center” the following definition:-
2154	2154	2144 “Certified climatetech company”, a climatetech company that has been certified by the
2155	2155	2145center for participation in the climatetech industry tax incentive program established in section
2156	2156	214616.
2157	2157	2147 SECTION 76. Section 1 of said chapter 23J, as so appearing, is hereby amended by
2158	2158	2148inserting after the definition of “Clean energy research” the following 3 definitions:-  99 of 276
2159	2159	2149 “Climatetech”, clean energy and any other advanced and applied technologies that
2160	2160	2150contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions
2161	2161	2151or mitigate the impacts of climate change through adaptation, resiliency and environmental
2162	2162	2152sustainability.
2163	2163	2153 “Climatetech company”, a business corporation, partnership, firm, unincorporated
2164	2164	2154association or other entity engaged in research, development, innovation, manufacturing,
2165	2165	2155deployment or commercialization of climatetech technologies in the commonwealth and any
2166	2166	2156affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63,
2167	2167	215764H or 64I.
2168	2168	2158 “Climatetech research”, clean energy research and other advanced and applied research in
2169	2169	2159new climatetech technologies.
2170	2170	2160 SECTION 77. Section 2 of said chapter 23J is hereby amended by striking out, in lines
2171	2171	216116, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words
2172	2172	2162“clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.
2173	2173	2163 SECTION 78. Said section 2 of said chapter 23J is hereby further amended by striking
2174	2174	2164out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following
2175	2175	2165word:- climatetech.
2176	2176	2166 SECTION 79. Section 3 of said chapter 23J, as so appearing, is hereby amended by
2177	2177	2167striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 and 132, 136, 141, 169, 170 and
2178	2178	2168171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the
2179	2179	2169following word:- climatetech. 100 of 276
2180	2180	2170 SECTION 80. Said section 3 of said chapter 23J, as so appearing, is hereby further
2181	2181	2171amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place
2182	2182	2172thereof, in each instance, the following words:- Climatetech.
2183	2183	2173 SECTION 81. Section 5 of said chapter 23J, as so appearing, is hereby amended by
2184	2184	2174striking out, in lines 26 and 28, the words “clean energy” and inserting in place thereof, in each
2185	2185	2175instance, the following word:- climatetech.
2186	2186	2176 SECTION 82. Section 7 of said chapter 23J, as so appearing, is hereby amended by
2187	2187	2177striking out, in lines 2, 3 and 7, the words “clean energy” and inserting in place thereof, in each
2188	2188	2178instance, the following word:- climatetech.
2189	2189	2179 SECTION 83. Section 8 of said chapter 23J, as so appearing, is hereby amended by
2190	2190	2180striking out, in lines 10, 14, 32 and 34, the words “clean energy” and inserting in place thereof,
2191	2191	2181in each instance, the following word:- climatetech.
2192	2192	2182 SECTION 84. Section 9 of said chapter 23J, as so appearing, is hereby amended by
2193	2193	2183inserting after the word “energy”, in lines 24, 26, the first time it appears, 28, 29, 31, 32, 36, 41,
2194	2194	218452, 54, 58,97, 105 and 134, each time it appears, the following words:- and climatetech.
2195	2195	2185 SECTION 85. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is
2196	2196	2186hereby amended by striking out clauses (i) to (v), inclusive, and inserting in place thereof the
2197	2197	2187following 5 clauses:-
2198	2198	2188 (i) the growth of the renewable energy-provider and climatetech industry; (ii) the use of
2199	2199	2189renewable energy by electricity customers in the commonwealth; (iii) public education and
2200	2200	2190training regarding renewable energy and climatetech including, but not limited to, promoting 101 of 276
2201	2201	2191programs and investments that lead to pathways toward economic self-sufficiency for low- and
2202	2202	2192moderate-income individuals and communities in the clean energy and climatetech industry; (iv)
2203	2203	2193product and market development; (v) pilot and demonstration projects and other activities
2204	2204	2194designed to increase the use and affordability of renewable energy and climatetech resources by
2205	2205	2195and for consumers in the commonwealth;
2206	2206	2196 SECTION 86. Said section 9 of said chapter 23J, as so appearing, is hereby further
2207	2207	2197amended by inserting after the word “projects”, in line 123, the following words:- ; provided,
2208	2208	2198however, that climatetech technologies eligible for assistance shall be consistent with the
2209	2209	2199definition of climatetech.
2210	2210	2200 SECTION 87. Section 9A of said chapter 23J is hereby amended by striking out, in line
2211	2211	220124, as so appearing, the words “clean energy” and inserting in place thereof the following word:-
2212	2212	2202climatetech.
2213	2213	2203 SECTION 88. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is
2214	2214	2204hereby amended by striking out clauses (11) and (12) and inserting in place thereof the following
2215	2215	22054 clauses:-
2216	2216	2206 (11) provide funding for planning, technical and program support to enable a
2217	2217	2207municipality or group of municipalities with an approved municipal load aggregation plan
2218	2218	2208authorized pursuant to section 134 of chapter 164, or with approved aggregations authorized
2219	2219	2209pursuant to section 137 of said chapter 164 and other private aggregations with plans approved
2220	2220	2210by the center, to enter into a long-term contract to purchase electricity from an offshore wind
2221	2221	2211developer; 102 of 276
2222	2222	2212 (12) promote jobs and economic and workforce development through capital grants to
2223	2223	2213companies and governmental entities to of support and stimulate research and development,
2224	2224	2214innovation, manufacturing, commercialization and deployment of offshore wind in the
2225	2225	2215commonwealth;
2226	2226	2216 (13) provide for the necessary and reasonable administrative and personnel costs of the
2227	2227	2217center or of the executive office of energy and environmental affairs related to administering the
2228	2228	2218fund; and
2229	2229	2219 (14) otherwise further the public purposes of this section.
2230	2230	2220 SECTION 89. Said section 9A of said chapter 23J, as so appearing, is hereby further
2231	2231	2221amended by inserting after the word “energy”, in line 132, the following words:- , climatetech.
2232	2232	2222 SECTION 90. Section 10 of said chapter 23J, as so appearing, is hereby amended by
2233	2233	2223striking out, in lines 3 and 6, the words “clean energy” and inserting in place thereof, in each
2234	2234	2224instance, the following word:- climatetech.
2235	2235	2225 SECTION 91. Section 13 of said chapter 23J, as so appearing, is hereby amended by
2236	2236	2226striking out, in lines 1, 6, 7, 13, 14 and 15, 17, 18, 20, 23 and 24, 26, 33 and 34, 36 and 37, 42,
2237	2237	222744, 49, 56, 64 and 75, the words “clean energy” and inserting in place thereof, in each instance,
2238	2238	2228the following word:- climatetech.
2239	2239	2229 SECTION 92. Section 15 of said chapter 23J, as so appearing, is hereby amended by
2240	2240	2230striking out, in lines 2 and 71, the words “Clean Energy” and inserting in place thereof, in each
2241	2241	2231instance, the following word:- Climatetech. 103 of 276
2242	2242	2232 SECTION 93. Said section 15 of said chapter 23J, as so appearing, is hereby further
2243	2243	2233amended by striking out, in lines 8, 18, 21, 22, 25, 30 and 31, 35 and 36, 38, 40, 42, 44 and 45,
2244	2244	2234and in line 47, the words “clean energy” and inserting in place thereof, in each instance, the
2245	2245	2235following word:- climatetech.
2246	2246	2236 SECTION 94. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is
2247	2247	2237hereby amended by striking out clauses (ix) and (x) and inserting in place thereof the following 3
2248	2248	2238clauses:-
2249	2249	2239 (ix) supporting the long-term coexistence and sustainability of the fishing and climatetech
2250	2250	2240industries;
2251	2251	2241 (x) promoting jobs and economic and workforce development through capital grants to
2252	2252	2242companies and governmental entities to support and stimulate research and development,
2253	2253	2243innovation, manufacturing, commercialization and deployment of climatetech technologies in the
2254	2254	2244commonwealth; and
2255	2255	2245 (xi) providing for the necessary and reasonable administrative and personnel costs of the
2256	2256	2246center or of the executive office of energy and environmental affairs related to administering the
2257	2257	2247fund.
2258	2258	2248 SECTION 95. Said chapter 23J is hereby further amended by adding the following
2259	2259	2249section:-
2260	2260	2250 Section 16. (a) There shall be within the center a climatetech industry tax incentive
2261	2261	2251program that shall be administered by the center. The purpose of the program shall be to develop
2262	2262	2252and expand climatetech industry-related employment opportunities in the commonwealth and to 104 of 276
2263	2263	2253promote climatetech-related economic development in the commonwealth by supporting and
2264	2264	2254stimulating research, development, innovation, manufacturing and deployment in the climatetech
2265	2265	2255sector. Certified climatetech companies shall be eligible for participation in the program.
2266	2266	2256 (b) The center may, upon a majority vote of the board, certify a company as a climatetech
2267	2267	2257company upon: (i) the timely receipt, as determined by the center, of a certification proposal
2268	2268	2258supported by independently verifiable information, signed under the pains and penalties of
2269	2269	2259perjury by a person expressly authorized to contract on behalf of the company and shall include,
2270	2270	2260but not be limited to, an estimate of the projected new state revenue the company expects to
2271	2271	2261generate during the period for which the company seeks certification together with a plan that
2272	2272	2262shall include, but not be limited to: (A) precise goals and objectives by which the company
2273	2273	2263proposes to achieve the projected new state revenue; (B) an estimate of the number of
2274	2274	2264permanent, full-time employees to be hired or retained; (C) an estimate of the year in which the
2275	2275	2265company expects to hire or retain the employees; (D) an estimate of the projected average
2276	2276	2266salaries of said employees; (E) an estimate of the projected taxable income pursuant to chapter
2277	2277	226762 generated by those employees; (F) an estimate of the methods by which the company shall
2278	2278	2268obtain new employees and pursue a diverse workforce; and (G) if applicable, an estimate of the
2279	2279	2269company's planned capital investment in the commonwealth; and (ii) findings made by the
2280	2280	2270center, based on the certification proposal, documents submitted therewith and any additional
2281	2281	2271investigation by the center that shall be incorporated in its approval, that: (A) the company is
2282	2282	2272likely to contribute substantially to research, development, innovation, manufacturing,
2283	2283	2273commercialization or deployment of climatetech in the commonwealth; (B) the company has a
2284	2284	2274substantial likelihood of meeting all statutory requirements and any other criteria that the center
2285	2285	2275may prescribe including, but not limited to, criteria in the following areas: (1) leveraging 105 of 276
2286	2286	2276additional funding or attracting additional resources to the commonwealth; (2) increasing
2287	2287	2277research, development, innovation, manufacturing, commercialization or deployment of climate
2288	2288	2278technologies within the commonwealth; and (3) creating employment in the commonwealth; and
2289	2289	2279(B) the company has a substantial likelihood of meeting its state revenue, employment growth
2290	2290	2280and applicable capital investment projections, as specified in the certification proposal, over the
2291	2291	2281period for which it receives benefits.
2292	2292	2282 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting
2293	2293	2283with the tax year in which certification is granted. Each certified climatetech company shall file
2294	2294	2284an annual report with the center certifying whether it has met the specific targets established in
2295	2295	2285the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards
2296	2296	2286those targets.
2297	2297	2287 (2) The certification of a climatetech company may be revoked by the center after an
2298	2298	2288investigation by the center and a determination that the climatetech company is in material
2299	2299	2289noncompliance with its certification proposal; provided, however, that the center shall review
2300	2300	2290each certified climatetech company at least annually. Revocation shall take effect on the first day
2301	2301	2291of the tax year in which the center determines the certified climatetech company to be in material
2302	2302	2292noncompliance. The commissioner of revenue shall, as of the effective date of the revocation,
2303	2303	2293disallow any credits allowed by the original certification of tax benefits under this section. The
2304	2304	2294commissioner of revenue shall issue regulations to establish a process to recapture the value of
2305	2305	2295any credits allowed by the certification under this section. For the purposes of this paragraph,
2306	2306	2296“material noncompliance” shall mean the failure of a certified climatetech company to
2307	2307	2297substantially achieve the new state revenue, job growth and capital investment projections set 106 of 276
2308	2308	2298forth in its certification proposal or any other act, omission or misrepresentation by the certified
2309	2309	2299climatetech company that frustrates the public purpose of the program.
2310	2310	2300 (3) Nothing in this subsection shall limit any legal remedies available to the
2311	2311	2301commonwealth against any certified climatetech company.
2312	2312	2302  (d) The center, in consultation with the department of revenue, may authorize incentives,
2313	2313	2303including those established in subsections (ee) and (ff) of section 6 of chapter 62, subsection (j)
2314	2314	2304of section 38M of chapter 63, sections 38OO, 38PP and 38QQ of said chapter 63, the second
2315	2315	2305paragraph of subsection (c) of section 42B of said chapter 63 and subsection (yy) of section 6 of
2316	2316	2306chapter 64H, which shall not exceed $30,000,000 annually. The center, in consultation with the
2317	2317	2307department of revenue, may limit the incentives to a specific dollar amount or time duration or in
2318	2318	2308any other manner deemed appropriate by the department of revenue; provided, however, that the
2319	2319	2309department of revenue shall only allocate the incentives among certified climatetech companies.
2320	2320	2310 The center, in consultation with the department of revenue, shall provide an estimate to
2321	2321	2311the secretary of administration and finance of the tax cost of extending benefits to a proposed
2322	2322	2312project before certification, as approved by the commissioner of revenue, based on reasonable
2323	2323	2313projections of project activities and costs. Tax incentives shall not be available to a certified
2324	2324	2314climatetech company unless expressly granted by the secretary of administration and finance in
2325	2325	2315writing.
2326	2326	2316 Section 17. (a) There shall be a Clean Energy and Climate Action Trust Fund. The fund
2327	2327	2317shall be credited with: (i) any appropriations, bond proceeds or other money authorized by the
2328	2328	2318general court and specifically designated to be credited to the fund; (ii) federal grants or loans
2329	2329	2319directed to the fund; (iii) any gifts, grants and private donations; and (iv) interest earned on the 107 of 276
2330	2330	2320assets of the funds. The fund shall be administered by the center and funds shall be expended for
2331	2331	2321the purpose of reducing emissions from the built environment with energy efficient retrofits and
2332	2332	2322upgrades. Any balance in the fund at the close of a fiscal year shall be available for expenditure
2333	2333	2323in subsequent fiscal years and shall not be transferred to any other fund or revert to the General
2334	2334	2324Fund.
2335	2335	2325 (b) Annually, not later than June 1, the executive director shall report on the activities of
2336	2336	2326the fund from the previous calendar year to the clerks of the senate and house of representatives,
2337	2337	2327the senate and house committees on ways and means, the joint committee on environment and
2338	2338	2328natural resources and the joint committee on housing.
2339	2339	2329 SECTION 96. Section 18 of chapter 23N of the General Laws is hereby amended by
2340	2340	2330striking out subsections (b) and (c) , as amended by section 137 of chapter 7 of the acts of 2023,
2341	2341	2331and inserting in place thereof the following 2 subsections:-
2342	2342	2332 (b) The fund shall be administered by the secretary of economic development. Money in
2343	2343	2333the fund shall be competitively granted: (I) pursuant to existing workforce development
2344	2344	2334programs that develop and strengthen workforce opportunities for low-income communities or
2345	2345	2335vulnerable youth and young adults, including providing opportunities and strategies to promote
2346	2346	2336stable employment and wage growth; or (ii) competitively granted to eligible recipients pursuant
2347	2347	2337to subsection (c).
2348	2348	2338 (c) Eligible grant recipients shall provide opportunities that: (i) target at-risk youth,
2349	2349	2339including resources to empower youth to succeed in the workforce; (ii) provide job skills
2350	2350	2340trainings, including programs offering trainings in multiple languages and areas for development,
2351	2351	2341including education and hands on skills; (iii) promote adult literacy, including strategies to 108 of 276
2352	2352	2342master reading and writing and providing digital formats to increase accessibility; and (iv)
2353	2353	2343provide English language learning programs to promote access to the workforce; provided,
2354	2354	2344however, that as an alternative, eligible grant recipients may provide opportunities that: (A)
2355	2355	2345provide job skills trainings, including education and hands-on skills for individuals with
2356	2356	2346intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional
2357	2357	2347credentialing or other workforce opportunities for non-citizens permanently residing under color
2358	2358	2348of law or otherwise lawfully present in the commonwealth. The secretary of economic
2359	2359	2349development shall establish criteria to evaluate applications for the grant program; provided,
2360	2360	2350however, that the criteria shall include, but not be limited to, at-risk populations; provided
2361	2361	2351further, that preference shall be given to eligible grant recipients providing opportunities for
2362	2362	2352individuals who at least 2 of the following: (i) are under 30 years of age; (ii) are a victim of
2363	2363	2353violence; (iii) are over 18 years of age and do not have a high school diploma; (iv) have been
2364	2364	2354convicted of a felony; (v) have been unemployed or have had a family income below 250 per
2365	2365	2355cent of the federal poverty level for not less than 6 months; (vi) live in a census tract where over
2366	2366	235620 per cent of the populations fall below the federal poverty line; or (vii) have an intellectual,
2367	2367	2357developmental or physical disability.
2368	2368	2358 SECTION 97. Chapter 25A of the General Laws is hereby amended by inserting after
2369	2369	2359section 11F1/2 the following section:-
2370	2370	2360 Section 11F 2/3. (a) As used in this section, the following words shall have the following
2371	2371	2361meanings unless the context clearly requires otherwise: 109 of 276
2372	2372	2362 “Carbon intensity”, the quantity of lifecycle greenhouse gas emissions associated with a
2373	2373	2363unit of specific transportation fuel expressed in grams of carbon dioxide equivalent per
2374	2374	2364megajoule of transportation fuel.
2375	2375	2365 “Clean fuel”, transportation fuel with a carbon intensity level that is below the clean fuels
2376	2376	2366carbon intensity standard in a given year.
2377	2377	2367 “Credit”, a unit of measurement equal to 1 metric ton of carbon dioxide equivalent that
2378	2378	2368serves as a quantitative measure of the degree to which a fuel provider’s transportation fuel
2379	2379	2369volume is lower than the carbon intensity established by the clean fuel standard.
2380	2380	2370 "Credit generator", a transportation fuel provider of a clean fuel for use in the
2381	2381	2371commonwealth which, if the electricity is to be used as a transportation fuel, may include, but
2382	2382	2372shall not be limited to including, automakers, electric charging providers, electric utilities and
2383	2383	2373electric vehicle fleet operators.
2384	2384	2374 “Deficit”, a quantitative measure of the degree to which a fuel provider’s volume of
2385	2385	2375transportation fuel is greater than the carbon intensity than permissible according to the annual
2386	2386	2376clean fuel standard.
2387	2387	2377 “Full fuels lifecycle”, the aggregate of greenhouse gas emissions, including direct
2388	2388	2378emissions and significant indirect emissions including, but not limited to, significant emissions
2389	2389	2379from land use changes as determined by Argonne National Laboratory’s Greenhouse Gases,
2390	2390	2380Regulated Emissions, and Energy Use in Technologies model or subsequent prevailing standard.
2391	2391	2381 “Transportation fuel provider”, an entity that functions as an importer, blender, refiner,
2392	2392	2382producer or wholesale retailer of transportation fuels or as a retailer of a clean fuel. 110 of 276
2393	2393	2383 (b)(1) The department shall establish a clean fuel standard that: (i) reduces the aggregate
2394	2394	2384carbon intensity of transportation fuels by 80 per cent from 1990 levels by 2050; (ii) establishes a
2395	2395	2385mechanism for the generation and trading of credits at a market-based rate to offset carbon
2396	2396	2386deficits; and (iii) supports clean energy and accessible transportation projects in disadvantaged
2397	2397	2387communities.
2398	2398	2388 (2) The department shall establish an annual schedule to phase in implementation of the
2399	2399	2389clean fuel standard’s carbon intensity reduction that considers the: (i) cost of compliance; (ii)
2400	2400	2390technologies available to fuel providers; and (iii) need to maintain fuel quality and availability;
2401	2401	2391provided, however, that the aggregate carbon intensity of a transportation fuel shall be measured
2402	2402	2392on a full fuels lifecycle basis; and provided further, that the full fuels lifecycle shall be assessed
2403	2403	2393annually.
2404	2404	2394 (c)(1) The clean fuel standard shall establish a mechanism that assigns credits to
2405	2405	2395transportation fuel providers whose fuel or fuels’ carbon intensity is below the standards adopted
2406	2406	2396by the department and a market for the trading of credits at a market-based rate. Credits shall be
2407	2407	2397quantified based on the total emissions across the lifecycle of the provider’s fuel or fuels and the
2408	2408	2398annual maximum allowable carbon emission intensity for that year; provided, however, that such
2409	2409	2399credits may be applied to future obligations or be traded on a market mechanism established by
2410	2410	2400the department to satisfy or offset compliance obligations of transportation fuel providers
2411	2411	2401incurring a deficit.
2412	2412	2402 (2) Fuel providers subject to the clean fuel standard shall comply by importing, blending,
2413	2413	2403refining or wholesaling transportation fuels with an average aggregate carbon intensity that is at
2414	2414	2404or below the standard as determined by the department or by purchasing credits to offset any 111 of 276
2415	2415	2405aggregate deficit incurred from transportation fuels exceeding the average carbon intensity
2416	2416	2406standard for that year.
2417	2417	2407 (d) Public entities serving as credit generators including, but not limited to, utilities and
2418	2418	2408state agencies, shall invest or direct a percentage, as determined by the department, of the
2419	2419	2409entity’s overall credit value to support clean energy and accessible transportation projects in
2420	2420	2410disadvantaged communities beyond existing local, federal and state incentives. The department
2421	2421	2411shall establish criteria for projects and goals in consultation with credit generators, communities,
2422	2422	2412community leaders and environmental justice advocates.
2423	2423	2413 (e) The clean fuel standard shall not apply to fuels for aviation, railroad locomotives,
2424	2424	2414military vehicles or interstate waterborne vessels to the extent such standards are preempted by
2425	2425	2415federal laws or regulations.
2426	2426	2416 (f) The department shall promulgate rules, regulations, plans, proposals, procedures and
2427	2427	2417administrative fees as necessary and appropriate to effectuate a clean fuel standard and credit
2428	2428	2418marketplace to ensure compliance with this section and offset the costs of implementation of the
2429	2429	2419clean fuel standard.
2430	2430	2420 SECTION 98. Chapter 29 of the General Laws is hereby amended inserting after section
2431	2431	24212DDDDDD the following section:-
2432	2432	2422 Section 2EEEEEE. (a) There shall be established and set up on the books of the
2433	2433	2423commonwealth an Educator Diversity Fund. The commissioner of elementary and secondary
2434	2434	2424education shall administer the fund. The fund shall be credited with: (i) revenue from
2435	2435	2425appropriations or other money authorized by the general court and specifically designated to be
2436	2436	2426credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private 112 of 276
2437	2437	2427sources including, but not limited to, gifts, grants and donations. The commissioner shall expend
2438	2438	2428funds for the purposes of furthering the establishment of plans and programs to increase educator
2439	2439	2429diversity and professional development pertaining to evidence-based culturally responsive and
2440	2440	2430linguistically sustaining pedagogy and practices in the commonwealth. Amounts credited to the
2441	2441	2431fund shall not be subject to further appropriation and any money remaining in the fund at the end
2442	2442	2432of a fiscal year shall not revert to the General Fund. No expenditure made from the fund shall
2443	2443	2433cause the fund to be in deficit. Amounts received from private sources shall be approved by the
2444	2444	2434commissioner of elementary and secondary education and subject to review before being
2445	2445	2435deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or
2446	2446	2436implicit, that may be detrimental to the implementation of plans and programs to increase
2447	2447	2437educator diversity or professional development pertaining to evidence-based culturally
2448	2448	2438responsive and linguistically sustaining pedagogy and practices. The review shall be made
2449	2449	2439publicly available on the department's website.
2450	2450	2440 (b) The commissioner shall establish a grant program for public school districts, charter
2451	2451	2441schools, nonprofits or community-based organizations and institutions of higher education.
2452	2452	2442Grants shall be provided for the following purposes: (i) to assist public school districts and
2453	2453	2443charter schools with the establishment of plans and programs to increase educator diversity,
2454	2454	2444including, but not limited to, the development of in-house teacher residency programs, pathways
2455	2455	2445focused on recruiting, developing, and supporting educators who are members of groups
2456	2456	2446underrepresented in the educator workforce, and other promising practices to increase the
2457	2457	2447recruitment and retention of diverse educators; (ii) for professional development and other
2458	2458	2448training for educators and other district and school staff pertaining to evidence-based culturally
2459	2459	2449responsive and linguistically sustaining pedagogy and practices; (iii) to assist public school 113 of 276
2460	2460	2450districts and charter schools with the establishment of programs to incentivize diverse and highly
2461	2461	2451effective educators to work or continue working in districts and charter schools with high
2462	2462	2452concentrations of economically disadvantaged students or English learners; and (iv) to support
2463	2463	2453other evidence-based strategies to increase educator diversity and culturally responsive and
2464	2464	2454linguistically sustaining practices in public school districts and charter schools. The
2465	2465	2455commissioner shall utilize funding from the fund and may apply for federal, state or other
2466	2466	2456funding.
2467	2467	2457 (c) Annually, not later than December 1, the commissioner shall report to the clerks of
2468	2468	2458the senate and house of representatives, the joint committee on education and the senate and
2469	2469	2459house committees on ways and means on activity of the fund. The report shall include, but not be
2470	2470	2460limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the
2471	2471	2461purpose of expenditures from the fund; (iii) grant recipients and the amount received by each
2472	2472	2462recipient; (iv) anticipated revenue and expenditure projections for the next year; (v) the number
2473	2473	2463of public school districts, charter schools, nonprofits or community-based organizations, and
2474	2474	2464institutions of higher education that applied for, but were not granted, funding; and (vi) the
2475	2475	2465impact of the grant program, including the expenditure of funds by grantees and an analysis of
2476	2476	2466the types of programs created by said funds. The report shall be publicly available on the
2477	2477	2467department's website.
2478	2478	2468 SECTION 99. Subsection (b) of section 29K of said chapter 29, as appearing in the 2022
2479	2479	2469Official Edition, is hereby amended by adding the following paragraph:- 114 of 276
2480	2480	2470 Notwithstanding any general or special law to the contrary, the board of directors of a
2481	2481	2471state authority may meet independently of management or in executive session to discuss matters
2482	2482	2472pertaining to said audit or compensation committees.
2483	2483	2473 SECTION 100. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby
2484	2484	2474amended by adding the following subsection:-
2485	2485	2475 (g) Notwithstanding section 39M of chapter 30 or any other general or special law to the
2486	2486	2476contrary, a governmental body may procure: (i) broadband internet service; (ii) the design,
2487	2487	2477installation, maintenance and operation of fiber optic cables and other equipment to provide
2488	2488	2478broadband internet service to a public building; and (iii) the design, installation, maintenance and
2489	2489	2479operation of a wireless communication network for a public building or public land or any
2490	2490	2480combination thereof, in a single procurement conducted in accordance with section 5. Any such
2491	2491	2481fiber optic cables, wireless network equipment and other physical improvements designed,
2492	2492	2482installed, maintained and operated pursuant to such procurement shall be considered supplies.
2493	2493	2483 SECTION 101. Section 20 of chapter 31 of the General Laws, as so appearing, is hereby
2494	2494	2484amended by striking out, in line 10 and 11, the words “18 years” and inserting in place thereof
2495	2495	2485the following words:- criminal majority.
2496	2496	2486 SECTION 102. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby
2497	2497	2487amended by striking out, in line 14, the words “18 years” and inserting in place thereof the
2498	2498	2488following words:- criminal majority.
2499	2499	2489 SECTION 103. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby
2500	2500	2490amended by striking out, in lines 5 and 6, the words “and pursuant to regulations issued by the
2501	2501	2491economic assistance coordinating council established in section 3B of chapter 23A,”. 115 of 276
2502	2502	2492 SECTION 104. Said section 59 of said chapter 40, as so appearing, is hereby further
2503	2503	2493amended by striking out clause (i) and inserting in place thereof the following clause:-
2504	2504	2494 (i) includes a description of the parcels to be included in the agreement;.
2505	2505	2495 SECTION 105. Said section 59 of said chapter 40, as so appearing, is hereby further
2506	2506	2496amended by striking out, in line 30, the words “within such TIF area”.
2507	2507	2497 SECTION 106. Said section 59 of said chapter 40, as so appearing, is hereby further
2508	2508	2498amended by striking out, in lines 32 and 33, the words “as required by said regulations”.
2509	2509	2499 SECTION 107. Said section 59 of said chapter 40, as so appearing, is hereby further
2510	2510	2500amended by striking out clause (vii).
2511	2511	2501 SECTION 108. Said section 59 of said chapter 40, as so appearing, is hereby further
2512	2512	2502amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following
2513	2513	2503figure:- (vii).
2514	2514	2504 SECTION 109. Said section 59 of said chapter 40, as so appearing, is hereby further
2515	2515	2505amended by striking out, in lines 91 and 92, the words “and the economic assistance
2516	2516	2506coordinating council”.
2517	2517	2507 SECTION 110. Section 6 of chapter 40A of the General Laws, as so appearing, is hereby
2518	2518	2508amended by striking out the second paragraph and inserting in place thereof the following
2519	2519	2509paragraph:-
2520	2520	2510 A zoning ordinance or by-law shall provide that construction or operations under a
2521	2521	2511building permit shall conform to any subsequent amendment of the ordinance or by-law unless
2522	2522	2512the use or construction is commenced not more than 12 months after the issuance of the permit 116 of 276
2523	2523	2513and, in cases involving construction, unless such construction is continued through to completion
2524	2524	2514as continuously and expeditiously as is reasonable. Construction or operations under a special
2525	2525	2515permit issued pursuant to section 9, or site plan approval pursuant to the local ordinance or by-
2526	2526	2516law, shall conform to any subsequent amendment of the zoning ordinance or by-law or of any
2527	2527	2517other local land use regulations unless the use or construction is commenced within 3 years after
2528	2528	2518the issuance of the special permit or site plan approval and, in cases involving construction,
2529	2529	2519unless such construction is continued through to completion as continuously and expeditiously as
2530	2530	2520is reasonable. Construction involving the redevelopment of previously disturbed land shall be
2531	2531	2521deemed to have commenced upon substantial investment in site preparation or infrastructure
2532	2532	2522construction and construction of developments intended to proceed in phases shall proceed
2533	2533	2523expeditiously, but not continuously, among phases.
2534	2534	2524 SECTION 111. Section 4G of chapter 40J of the General Laws, as so appearing, is
2535	2535	2525hereby amended by inserting after the word “granted”, in line 21, the following words:- ;
2536	2536	2526provided further, that the University of Massachusetts may leverage funding sourced from an
2537	2537	2527agency to meet the match requirement.
2538	2538	2528 SECTION 112. Subsection (c) of section 6B of said chapter 40J, as amended by section
2539	2539	2529179 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence.
2540	2540	2530 SECTION 113. Chapter 40W of the General Laws is hereby repealed.
2541	2541	2531 SECTION 114. Section 98F of chapter 41 of the General Laws, as appearing in the 2022
2542	2542	2532Official Edition, is hereby amended by striking out, in line 22, the words “18 years of age” and
2543	2543	2533inserting in place thereof the following words:- the age of criminal majority. 117 of 276
2544	2544	2534 SECTION 115. Section 2 of chapter 43D of the General Laws, as so appearing, is hereby
2545	2545	2535amended by striking out the definition of “Interagency permitting board”.
2546	2546	2536 SECTION 116. Said section 2 of said chapter 43D, as so appearing, is hereby further
2547	2547	2537amended by striking out the definition of “Priority development site” and inserting in place
2548	2548	2538thereof the following 2 definitions:-
2549	2549	2539 “Permit regulatory office”, the permit regulator office in the executive office of economic
2550	2550	2540development establishedin section 3H of chapter 23A.
2551	2551	2541 “Priority development site”, a privately or publicly owned property that is: (i) eligible
2552	2552	2542under applicable zoning provisions, including special permits or other discretionary permits, for
2553	2553	2543the development or redevelopment of a building of not less than 50,000 square feet of gross floor
2554	2554	2544area in new or existing buildings or structures; and (ii) designated as a priority development site
2555	2555	2545by the permit regulatory office; provided, however, that several parcels or projects may be
2556	2556	2546included within a single priority development site.
2557	2557	2547 SECTION 117. Said chapter 43D is hereby further amended by striking out section 3, as
2558	2558	2548so appearing, and inserting in place thereof the following section:-
2559	2559	2549 (a) A governing body seeking designation of a priority development site shall file a
2560	2560	2550formal proposal with the permit regulatory office. If the proposal includes an intention to
2561	2561	2551develop housing within the priority development site, the governing body shall provide a copy of
2562	2562	2552the proposal to the secretary of housing and livable communities. The proposal shall include: (i)
2563	2563	2553a detailed description of the property; (ii) a good faith commitment to comply with this chapter;
2564	2564	2554(iii) a description of the uses that could be developed within the priority development site; and
2565	2565	2555(iv) such other information as the secretary shall, after consultation with the secretary of energy 118 of 276
2566	2566	2556and environmental affairs, the secretary of housing and livable communities and the secretary of
2567	2567	2557transportation, require by regulation or guidelines .
2568	2568	2558 (b) The secretary shall by regulation or guidelines establish the criteria for designating
2569	2569	2559priority development sites. These criteria shall include a preference for areas that include at least
2570	2570	25601 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of
2571	2571	2561development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas
2572	2572	2562in which electric grid capacity can satisfy new all electric building. Priority development sites
2573	2573	2563shall not include areas containing highly sensitive natural resources or areas in which
2574	2574	2564development would be at significant risk from rising sea levels or other flood risk caused or
2575	2575	2565exacerbated by climate change.
2576	2576	2566 SECTION 118. Section 11 of said chapter 43D, as so appearing, is hereby amended by
2577	2577	2567striking out subsection (a) and inserting in place thereof the following subsection:-
2578	2578	2568 (a) Permits shall not transfer automatically to successors in title except as provided in a
2579	2579	2569local ordinance or by-law or in an applicable state law or regulation.
2580	2580	2570 SECTION 119. Said chapter 43D is hereby further amended by striking out section 12, as
2581	2581	2571so appearing, and inserting in place thereof the following section:-
2582	2582	2572 Section 12. A municipality containing a priority development site shall receive priority
2583	2583	2573consideration for: (i) grant programs administered by the executive office of economic
2584	2584	2574development; (ii) state resources for business development including, but not limited to, quasi-
2585	2585	2575public financing and training programs; (iii) brownfields remediation assistance administered by
2586	2586	2576the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the
2587	2587	2577regional planning council. Such state financial or technical assistance shall be used to facilitate 119 of 276
2588	2588	2578development within the priority development site. Priority consideration for such grants and
2589	2589	2579other financial assistance shall apply only to a municipality that is in compliance with the multi-
2590	2590	2580family zoning requirements under section 3A of chapter 40A, if applicable.
2591	2591	2581 SECTION 120. Section 13 of said chapter 43D is hereby repealed.
2592	2592	2582 SECTION 121. Section 1 of chapter 55 of the General Laws, as appearing in the 2022
2593	2593	2583Official Edition, is hereby amended by inserting after the definition of “Candidate’s committee”
2594	2594	2584the following definition:-
2595	2595	2585 “Childcare services”, care services provided to a candidate’s child or dependent child
2596	2596	2586including, but not limited to, baby-sitting services by an individual, nonprofit or for-profit
2597	2597	2587organizations that provide such services and any other costs directly related to such services that
2598	2598	2588occur as a result of campaign activities; provided, however, that expenses related to child-care
2599	2599	2589services shall not include payments to a family member, as defined in section 1 of chapter 50, of
2600	2600	2590a child, unless the family member owns, operates or is employed by a professional daycare or
2601	2601	2591babysitting service or a nonprofit or for-profit organization that provides childcare services and
2602	2602	2592the cost of the service is not greater than such family member would otherwise charge.
2603	2603	2593 SECTION 122. Section 6 of said chapter 55, as so appearing, is hereby amended by
2604	2604	2594inserting, after the word “to”, in line 64, the following words:- the provision of child-care
2605	2605	2595services,.
2606	2606	2596 SECTION 123. Chapter 61A of the General Laws is hereby amended by striking out
2607	2607	2597section 2, as so appearing, and inserting in place thereof the following section:- 120 of 276
2608	2608	2598 Section 2. Land shall be considered to be in horticultural use when primarily and directly
2609	2609	2599used in: (i) raising fruits, vegetables, berries, nuts and other foods for human consumption, feed
2610	2610	2600for animals, tobacco, flower, sod, trees, nursery or greenhouse products and ornamental plants
2611	2611	2601and shrubs for the purpose of selling such products or a product derived from such plants in the
2612	2612	2602regular course of business; (ii) raising forest products under a certified forest management plan,
2613	2613	2603approved by and subject to procedures established by the state forester, designed to improve the
2614	2614	2604quantity and quality of a continuous crop for the purpose of selling these products in the regular
2615	2615	2605course of business; or (iii) in a related manner which is incidental to those uses and represents a
2616	2616	2606customary and necessary use in raising such products and preparing them for market or the
2617	2617	2607products derived therefrom for market.
2618	2618	2608 SECTION 124. Section 6 of chapter 62 of the General Laws is hereby amended by
2619	2619	2609striking out, in line 149, as so appearing, the words “’EDIP contract’ and ‘proposed project'” and
2620	2620	2610inserting in place thereof the following words:- “EDIP contract”, “proportion of compliance”,
2621	2621	2611“proposed project” and “refundable credit”.
2622	2622	2612 SECTION 125. Paragraph (3) of subsection (g) of said section 6 of said chapter 62 is
2623	2623	2613hereby amended by striking out the last sentence, as amended by section 215 of chapter 7 of the
2624	2624	2614acts of 2023, and inserting in place thereof the following 2 sentences:- The EACC shall provide
2625	2625	2615the commissioner with the documentation that the commissioner deems necessary to confirm
2626	2626	2616compliance with the annual cap, and the commissioner shall provide a report confirming
2627	2627	2617compliance to the secretary of administration and finance and the secretary of economic
2628	2628	2618development. Notwithstanding section 21 of chapter 62C, the department of revenue shall
2629	2629	2619provide the EACC with documentation confirming tax credits claimed under this subsection by
2630	2630	2620the owner or lessee of a certified project. 121 of 276
2631	2631	2621 SECTION 126. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62,
2632	2632	2622as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and
2633	2633	2623inserting in place thereof the following sentence:- The amount of credits subject to recapture
2634	2634	2624shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of
2635	2635	2625its revocation process and reported to the taxpayer and the department of revenue at the time that
2636	2636	2626certification is revoked.
2637	2637	2627 SECTION 127. Said section 6 of said chapter 62 is hereby further amended by striking
2638	2638	2628out subsection (t), as amended by section 215 of chapter 7 of the acts of 2023.
2639	2639	2629 SECTION 128. Said section 6 of said chapter 62 is hereby further amended by striking
2640	2640	2630out, in line 1422, as appearing in the 2022 Official Edition, the figure “50” and inserting in place
2641	2641	2631thereof the following figure:- 10.
2642	2642	2632 SECTION 129. Said section 6 of said chapter 62 is hereby further amended by striking
2643	2643	2633out, in line 1468, as so appearing, the word “its” and inserting in place thereof the following
2644	2644	2634words:- the owner’s.
2645	2645	2635 SECTION 130. Said section 6 of said chapter 62 is hereby further amended by striking
2646	2646	2636out, in line 1488, as so appearing, the words “owner’s capital investment in” and inserting in
2647	2647	2637place thereof the following words:- total leasable square footage of.
2648	2648	2638 SECTION 131. Said section 6 of said chapter 62 is hereby further amended by striking
2649	2649	2639out, in lines 1489 and 1490, as so appearing, the words “, in the aggregate with other tenants at
2650	2650	2640the offshore wind facility, not less than 200” and inserting in place thereof the following words:-
2651	2651	2641not less than 50. 122 of 276
2652	2652	2642 SECTION 132. Said section 6 of said chapter 62, as most recently amended by section 23
2653	2653	2643of chapter 50 of the acts of 2023, is hereby further amended by adding the following 3
2654	2654	2644subsections:-
2655	2655	2645 (ee)(1) As used in this subsection, the following words shall have the following meanings
2656	2656	2646unless the context clearly requires otherwise:-
2657	2657	2647 “Capital investment”, expenses incurred for the site preparation and construction, repair,
2658	2658	2648renovation, improvement or equipping of a building, structure or facility or other improvements
2659	2659	2649to real property including, but not limited to, site-related utility and transportation infrastructure
2660	2660	2650improvements.
2661	2661	2651 “Center”, the Massachusetts clean energy technology center established in section 2 of
2662	2662	2652chapter 23J.
2663	2663	2653 “Certified climatetech company”, as defined in section 1 of chapter 23J.
2664	2664	2654 “Climatetech facility”, any building, complex of buildings or structural components of
2665	2665	2655buildings, including access infrastructure and machinery and equipment used in the research,
2666	2666	2656manufacturing, assembly, development, provision or administration of goods or services in the
2667	2667	2657climatetech sector.
2668	2668	2658 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech
2669	2669	2659facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years.
2670	2670	2660 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech
2671	2671	2661facility. 123 of 276
2672	2672	2662 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive program
2673	2673	2663established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed
2674	2674	2664by this chapter in an amount, as determined by the center, of not more than 50 per cent of the
2675	2675	2665owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded
2676	2676	2666pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond
2677	2677	2667with the period in which the owner or tenant is certified pursuant to said section 16 of said
2678	2678	2668chapter 23J.
2679	2679	2669 (3) An owner shall be eligible for a tax credit authorized under this subsection if the
2680	2680	2670owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii)
2681	2681	2671owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii)
2682	2682	2672climatetech facility will employ not less than 50 new full-time employees by the fifth year of the
2683	2683	2673owner's certification period under section 16 of chapter 23J. Upon verification, the center shall
2684	2684	2674provide this information to the department of revenue for the purpose of administering the credit.
2685	2685	2675 (4) A tenant shall be eligible for a tax credit authorized under this subsection if the tenant
2686	2686	2676demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has
2687	2687	2677made a total capital investment in the facility that is not less than $5,000,000; (iii) tenant
2688	2688	2678occupies a leased area of the climatetech facility that represents not less than 25 per cent of the
2689	2689	2679total leasable square footage of the facility; and (iv) tenant will employ not less 13 full-time
2690	2690	2680employees by the fifth year of the tenant's certification period under section 16 of chapter 23J.
2691	2691	2681Upon verification, the center shall provide this information to the department of revenue for the
2692	2692	2682purpose of administering the credit. The amount of tax credits awarded under this subsection to a
2693	2693	2683tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the
2694	2694	2684climatetech facility for the taxable year. 124 of 276
2695	2695	2685 (5) The department of revenue shall issue the refundable portion of the credit without
2696	2696	2686further appropriation and in accordance with the cumulative amount, including the current year
2697	2697	2687costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
2698	2698	2688forth in subsection (d) of section 16 of chapter 23J.
2699	2699	2689 (6) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2700	2700	2690partners or members of the legal entity entitled to the credit under this subsection and shall be
2701	2701	2691allowed as a credit against the tax due under this chapter from such owners, partners or members
2702	2702	2692in a manner determined by the commissioner.
2703	2703	2693 (7) The department of revenue shall promulgate such rules and regulations as necessary
2704	2704	2694to administer the credit established in this section.
2705	2705	2695 (ff)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program
2706	2706	2696established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs
2707	2707	2697credit against the tax liability imposed in this chapter in an amount determined by the
2708	2708	2698Massachusetts clean energy technology center, in consultation with the department of revenue.
2709	2709	2699 (2) A taxpayer taking a credit under this subsection shall commit to the creation of not
2710	2710	2700less than 5 net new permanent full-time employees in the commonwealth.
2711	2711	2701 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer under
2712	2712	2702this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds
2713	2713	2703the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per
2714	2714	2704cent of such excess credit, to the extent authorized by the climatetech tax incentive program,
2715	2715	2705shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other
2716	2716	2706taxable years. 125 of 276
2717	2717	2707 (4) The department of revenue shall issue the refundable portion of the jobs credit
2718	2718	2708without further appropriation and in accordance with the cumulative amount, including the
2719	2719	2709current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
2720	2720	2710annually as set forth in subsection (d) of section 16 of chapter 23J.
2721	2721	2711 (5) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2722	2722	2712partners or members of the legal entity entitled to the credit under this subsection and shall be
2723	2723	2713allowed as a credit against the tax due under this chapter from such owners, partners or members
2724	2724	2714in a manner to be determined by the commissioner.
2725	2725	2715 (gg)(1) An employer engaged in business within the commonwealth that is not a business
2726	2726	2716corporation subject to the excise under chapter 63 may be allowed a credit each taxable year
2727	2727	2717against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid
2728	2728	2718to each net-new qualified intern employed in the taxable year, whichever is less. If a credit
2729	2729	2719allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the
2730	2730	2720balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
2731	2731	2721 (2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be
2732	2732	2722enrolled in or a recent graduate of a public or private institution of higher education located
2733	2733	2723within the commonwealth; (ii) the intern shall have been employed as a qualified intern by the
2734	2734	2724employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii)
2735	2735	2725the employer shall demonstrate that the total number of interns employed in the taxable year
2736	2736	2726exceeds the average number of interns employed by the taxpayer per year over the previous 3
2737	2737	2727years. An intern shall not be qualified if such intern is participating in another internship or 126 of 276
2738	2738	2728apprenticeship program for which an employer has claimed a credit in the taxable year under this
2739	2739	2729subsection or chapter 63.
2740	2740	2730 (3) The total cumulative value of the credits authorized under this subsection and section
2741	2741	273138RR of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim more
2742	2742	2732than $100,000 in credits under this subsection for any taxable year. A credit allowed under this
2743	2743	2733subsection shall not be transferable.
2744	2744	2734 (4) The credit under this subsection shall be attributed on a pro rata basis to the owners,
2745	2745	2735partners or members of the legal entity entitled to the credit under this subsection and shall be
2746	2746	2736allowed as a credit against the tax due under this chapter of such owners, partners or members, in
2747	2747	2737a manner determined by the commissioner.
2748	2748	2738 (5) The executive office of economic development, in consultation with the
2749	2749	2739commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to
2750	2750	2740this subsection and section 38RR of chapter 63 and shall allocate the credit in accordance with
2751	2751	2741the standards and requirements set forth in regulations promulgated under this subsection. The
2752	2752	2742secretary of economic development, in consultation with the commissioner, shall promulgate
2753	2753	2743regulations establishing an application process for the credit.
2754	2754	2744 (6) The secretary of economic development shall file an annual report with the house and
2755	2755	2745senate committees on ways and means, the joint committee on economic development and
2756	2756	2746emerging technologies and the joint committee on labor and workforce development identifying:
2757	2757	2747(i) total amount of tax credits claimed under this subsection and section 38RR of chapter 63; (ii)
2758	2758	2748the number of participating interns; and (iii) the number of participating employers; provided,
2759	2759	2749however, that in the fourth submission of the annual report, the secretary of economic 127 of 276
2760	2760	2750development shall provide an assessment of the effectiveness of the credit offered under this
2761	2761	2751subsection and said section 38RR of said chapter 63 in achieving the goal of retaining graduating
2762	2762	2752talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of
2763	2763	2753revenue may provide to the secretary of economic development de-identified, statistical tax
2764	2764	2754return information related to the tax filings of former participating interns for the 5 tax years
2765	2765	2755beginning after the conclusions of the internship to evaluate whether former interns are both
2766	2766	2756employed and domiciled in the commonwealth after the internship. Said information must be
2767	2767	2757shared in a manner that prevents the identification of particular tax returns.
2768	2768	2758 SECTION 133. Subsection (a) of section 31M of chapter 63 of the General Laws, as
2769	2769	2759appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Life
2770	2770	2760sciences” and inserting in place thereof the following definition:-
2771	2771	2761 “Life sciences,” advanced and applied sciences that expand the understanding of human
2772	2772	2762physiology and have the potential to lead to medical advances or therapeutic applications
2773	2773	2763including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
2774	2774	2764engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
2775	2775	2765intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
2776	2776	2766marine biology, marine technology, medical technology, medical devices, nanotechnology,
2777	2777	2767natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
2778	2778	2768interference, stem cell research and veterinary science.
2779	2779	2769 SECTION 134. Section 38M of said chapter 63, as so appearing, is hereby amended by
2780	2780	2770striking out, in lines 120 and 121, the words “and (ii) equipment for the National Aeronautics
2781	2781	2771and Space Administration” and inserting in place thereof the following words:- 128 of 276
2782	2782	2772 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii)
2783	2783	2773medical countermeasures including, but not limited to, medicines and medical supplies that can
2784	2784	2774be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or
2785	2785	2775nuclear threats, biologic products, vaccines, blood products, antibodies, antimicrobial or antiviral
2786	2786	2776drugs, diagnostic tests to identify threat agents and personal protective equipment.
2787	2787	2777 SECTION 135. Subsection (k) of said section 38M of said chapter 63, as so appearing, is
2788	2788	2778hereby amended by striking out the definition of “Life sciences” and inserting in place thereof
2789	2789	2779the following 3 definitions:-
2790	2790	2780 “Climatetech”, shall have the same meaning as ascribed to it in section 1 of chapter 23J.
2791	2791	2781 “Climatetech company”, shall have the same meaning as ascribed to it in section 1 of
2792	2792	2782chapter 23J.
2793	2793	2783 “Life sciences”, advanced and applied sciences that expand the understanding of human
2794	2794	2784physiology and have the potential to lead to medical advances or therapeutic applications
2795	2795	2785including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
2796	2796	2786engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
2797	2797	2787intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
2798	2798	2788marine biology, marine technology, medical technology, medical devices, nanotechnology,
2799	2799	2789natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
2800	2800	2790interference, stem cell research and veterinary science.
2801	2801	2791 SECTION 136. Said subsection (k) of said section 38M of said chapter 63, as so
2802	2802	2792appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting
2803	2803	2793in place thereof the following definition:- 129 of 276
2804	2804	2794 “Taxpayer”, a person, certified life sciences company or a certified climatetech company
2805	2805	2795subject to the taxes imposed by chapter 62, 63, 64H or 64I.
2806	2806	2796 SECTION 137. Said section 38M of said chapter 63, as so appearing, is hereby further
2807	2807	2797amended by inserting after the figure “23I”, in line 144, the following words:- or the climatetech
2808	2808	2798tax incentive program established in subsection (d) of section 16 of chapter 23J.
2809	2809	2799 SECTION 138. Section 38N of said chapter 63 is hereby amended by striking out
2810	2810	2800subsection (a), as so appearing, and inserting in place thereof the following subsection:-
2811	2811	2801 (a) As used in this section, “Certified project”, “EACC”, “EDIP contract”, “Proportion of
2812	2812	2802compliance” and “Refundable credit” shall have the same meanings as ascribed to them in
2813	2813	2803section 3A of chapter 23A.
2814	2814	2804 SECTION 139. Said section 38N of said chapter 63 is hereby further amended by striking
2815	2815	2805out, in line 27, as so appearing, the word “or”, the second time it appears, and inserting in place
2816	2816	2806thereof the following word:- of.
2817	2817	2807 SECTION 140. Said section 38N of said chapter 63 is hereby further amended by striking
2818	2818	2808out, in line 29, as so appearing, the word “or”, the second time it appears, and inserting in place
2819	2819	2809thereof the following word:- of.
2820	2820	2810 SECTION 141. The second paragraph of subsection (c) of said section 38N of said
2821	2821	2811chapter 63, as amended by section 229 of chapter 7 of the acts of 2023 , is hereby further
2822	2822	2812amended by adding the following sentence:- Notwithstanding section 21 of chapter 62C, the
2823	2823	2813department of revenue shall provide the EACC with documentation confirming credits claimed 130 of 276
2824	2824	2814under this section by a corporation subject to tax under this chapter that is the controlling
2825	2825	2815business of a certified project, or an affiliate of a controlling business.
2826	2826	2816 SECTION 142. Said section 38N of said chapter 63 is hereby further amended by striking
2827	2827	2817out, in line 46, as appearing in the 2022 Official Edition, the words “31A or”.
2828	2828	2818 SECTION 143. Subsection (i) of said section 38N of said chapter 63, as so appearing, is
2829	2829	2819hereby amended by striking out the last sentence and inserting in place thereof the following
2830	2830	2820sentence:- The amount of credits subject to recapture shall be equal to the corporation’s
2831	2831	2821proportion of compliance as determined by the EACC as part of its revocation process and
2832	2832	2822reported to the corporation and the department of revenue at the time certification is revoked.
2833	2833	2823 SECTION 144. Subsection (a) of section 38U of said chapter 63, as so appearing, is
2834	2834	2824hereby amended by striking out the definition of “Life sciences” and inserting in place thereof
2835	2835	2825the following definition:-
2836	2836	2826 “Life sciences”, advanced and applied sciences that expand the understanding of human
2837	2837	2827physiology and have the potential to lead to medical advances or therapeutic applications
2838	2838	2828including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical
2839	2839	2829engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial
2840	2840	2830intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis,
2841	2841	2831marine biology, marine technology, medical technology, medical devices, nanotechnology,
2842	2842	2832natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA
2843	2843	2833interference, stem cell research and veterinary science.
2844	2844	2834 SECTION 145. Section 38LL of said chapter 63, as so appearing, is hereby amended by
2845	2845	2835striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10 131 of 276
2846	2846	2836 SECTION 146. Section 38MM of said chapter 63, as so appearing, is hereby amended by
2847	2847	2837striking out, in line 28, the word “its” and inserting in place thereof the following words:- the
2848	2848	2838owner’s.
2849	2849	2839 SECTION 147. Said section 38MM of said chapter 63, as so appearing, is hereby further
2850	2850	2840amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and
2851	2851	2841inserting in place thereof the following words:- total leasable square footage of.
2852	2852	2842 SECTION 148. Said section 38MM of said chapter 63, as so appearing, is hereby further
2853	2853	2843amended by striking out, in lines 48 to 50, inclusive, the words “, in the aggregate with other
2854	2854	2844tenants at the offshore wind facility, not less than 200” and inserting in place thereof the
2855	2855	2845following words:- not less than 50.
2856	2856	2846 SECTION 149. Said chapter 63 is hereby further amended by inserting after section
2857	2857	284738MM the following 4 sections:-
2858	2858	2848  Section 38OO. (a) As used in this section, the following words shall have the following
2859	2859	2849meanings unless the context clearly requires otherwise:
2860	2860	2850 “Capital investment”, expenses incurred for the site preparation and construction, repair,
2861	2861	2851renovation, improvement or equipping of a building, structure or facility or other improvements
2862	2862	2852to real property including, but not limited to, site-related utility and transportation infrastructure
2863	2863	2853 improvements.
2864	2864	2854 “Center”, the Massachusetts clean energy technology center established in section 2 of
2865	2865	2855chapter 23J.
2866	2866	2856 “Certified climatetech company as defined in section 1 of chapter 23J. 132 of 276
2867	2867	2857 “Climatetech facility”, a building, complex of buildings or structural components of
2868	2868	2858buildings, including access infrastructure, and all machinery and equipment used in the research,
2869	2869	2859manufacturing, assembly, development, provision or administration of goods or services in the
2870	2870	2860climatetech sector.
2871	2871	2861 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds
2872	2872	2862title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for
2873	2873	2863not less than 50 years.
2874	2874	2864 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech
2875	2875	2865facility.
2876	2876	2866 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive program
2877	2877	2867established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed
2878	2878	2868by this chapter in an amount, as determined by the center, of not more than 50 per cent of the
2879	2879	2869owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded
2880	2880	2870pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond
2881	2881	2871to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter
2882	2882	287223J.
2883	2883	2873 (c) An owner shall be eligible for a tax credit under this section if the owner demonstrates
2884	2884	2874to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital
2885	2885	2875investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech
2886	2886	2876facility will employ not less than 50 new full-time employees by the fifth year of the owner's
2887	2887	2877certification period under section 16 of chapter 23J. Upon verification, the center shall provide
2888	2888	2878this information to the department of revenue for the purpose of administering the credit. 133 of 276
2889	2889	2879 (d) A tenant shall be eligible for a tax credit under this section if the tenant demonstrates
2890	2890	2880to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital
2891	2891	2881investment in the facility equals not less than $5,000,000; (iii) tenant occupies a leased area of
2892	2892	2882the climatetech facility that represents not less than 25 per cent of the total leasable square
2893	2893	2883footage of the facility; and (iv) tenant shall employ not less 13 full-time employees by the fifth
2894	2894	2884year of the tenant's certification period under section 16 of chapter 23J. Upon verification, the
2895	2895	2885center shall provide this information to the department of revenue for the purpose of
2896	2896	2886administering the credit. The amount of tax credits awarded under this section to a tenant for a
2897	2897	2887taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech
2898	2898	2888facility for the taxable year.
2899	2899	2889 (e) The department of revenue shall issue the refundable portion of the credit without
2900	2900	2890further appropriation and in accordance with the cumulative amount, including the current year
2901	2901	2891costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set
2902	2902	2892forth in subsection (d) of section 16 of chapter 23J.
2903	2903	2893 (f) The department of revenue shall promulgate such rules and regulations as necessary to
2904	2904	2894administer the credit established in this section.
2905	2905	2895 Section 38PP. (a) A taxpayer may, to the extent authorized pursuant to the climatetech
2906	2906	2896tax incentive program established in section 16 of chapter 23J, be allowed a credit against its
2907	2907	2897excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the
2908	2908	2898qualified research expenses for the taxable year, over the base amount, and 15 per cent of the
2909	2909	2899basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue
2910	2910	2900Code; provided, that the terms ''qualified research expenses'', ''base amount'', ''qualified 134 of 276
2911	2911	2901organization base period amount'', ''basic research'' and any other terms affecting the calculation
2912	2912	2902of the credit shall have the same meanings as defined in said section 41 of said Code unless the
2913	2913	2903context requires otherwise.
2914	2914	2904 In determining the amount of the credit allowable under this section, the commissioner of
2915	2915	2905revenue may aggregate the activities of all corporations that are members of a controlled group
2916	2916	2906of corporations as defined by 41(f)(1)(A) of the Internal Revenue Code and may aggregate the
2917	2917	2907activities of all entities, whether or not incorporated, that are under common control as defined in
2918	2918	2908section 41(f)(1)(B) of said Code.
2919	2919	2909 (b) For a qualified climatetech company, research and development costs, within the
2920	2920	2910meaning of section 41 of said Code, shall include, those qualified research expenditures that are
2921	2921	2911performed both inside and outside the commonwealth.
2922	2922	2912 (c) For purposes of section 30, the deduction from gross income that may be taken with
2923	2923	2913respect to any expenditures qualifying for a credit under said section 41 of the Internal Revenue
2924	2924	2914Code shall be based upon its cost less the credit allowable under this section; provided, however,
2925	2925	2915that section 280C(c) of said Code shall not apply.
2926	2926	2916 (d) The credit allowed hereunder for any taxable year shall not reduce the excise to less
2927	2927	2917than the amount due under subsection (b) of section 39, section 67 or any other general or special
2928	2928	2918law.
2929	2929	2919 (e) The credit allowed under this section shall be limited to 100 per cent of a
2930	2930	2920corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75
2931	2931	2921per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of
2932	2932	2922revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the 135 of 276
2933	2933	2923Internal Revenue Code for the purposes of apportioning the $25,000 amount among members of
2934	2934	2924a controlled group. Nothing in this section shall alter section 32C as it affects other credits under
2935	2935	2925this chapter.
2936	2936	2926 (f) If a corporation files a combined return of income under section 32B, a credit
2937	2937	2927generated by an individual member corporation under this section shall first be applied against
2938	2938	2928the excise attributable to that company under section 39, subject to the limitations of subsections
2939	2939	2929(d) and (e). A member corporation with an excess research and development credit may apply its
2940	2940	2930excess credit against the excise of another group member if such other member corporation may
2941	2941	2931use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired
2942	2942	2932credits generated by a member corporation shall be carried over from year to year by the
2943	2943	2933individual corporation that generated the credit and shall not be refundable. Nothing in this
2944	2944	2934section shall alter subsection (h) of section 31A.
2945	2945	2935 (g) A corporation entitled to a credit under this section for a taxable year may carry over
2946	2946	2936and apply to its excise for any of the next succeeding 15 taxable years that portion, as reduced
2947	2947	2937from year to year, of its credit which exceeds its excise for the taxable year. A corporation may
2948	2948	2938carry over and apply to its excise for any subsequent taxable year that portion, as reduced from
2949	2949	2939year to year, of those credits which were not allowed under subsection (f).
2950	2950	2940 (h) The commissioner of revenue shall promulgate regulations necessary to carry out this
2951	2951	2941section.
2952	2952	2942 Section 38QQ. (a) A taxpayer, to the extent authorized by the climatetech tax incentive
2953	2953	2943program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable
2954	2954	2944jobs credit against the tax liability imposed under this chapter in an amount determined by the 136 of 276
2955	2955	2945Massachusetts clean energy technology center established in section 2 of said chapter 23J, in
2956	2956	2946consultation with the department of revenue.
2957	2957	2947 (b) A taxpayer taking a credit under this section shall commit to the creation of not less
2958	2958	2948than 5 net new permanent full-time employees in the commonwealth.
2959	2959	2949 (c) A credit allowed under this section shall reduce the liability of the taxpayer under this
2960	2960	2950chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the
2961	2961	2951taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of
2962	2962	2952such excess credit, to the extent authorized by the climatetech tax incentive program, shall be
2963	2963	2953refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable
2964	2964	2954years.
2965	2965	2955 (d) The department of revenue shall issue the refundable portion of the jobs credit
2966	2966	2956without further appropriation and in accordance with the cumulative amount, including the
2967	2967	2957current year costs of incentives allowed in previous years, which shall not exceed $30,000,000
2968	2968	2958annually as set forth in subsection (d) of section 16 of chapter 23J.
2969	2969	2959 Section 38RR. (a) A business corporation engaged in business in the commonwealth
2970	2970	2960shall be allowed a credit each taxable year against its excise due under this chapter in an amount
2971	2971	2961equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the
2972	2972	2962taxable year, whichever is less. If a credit allowed by this section exceeds the tax otherwise due
2973	2973	2963under this chapter, 100 per cent of the balance of the credit may, at the option of the taxpayer, be
2974	2974	2964refunded to the taxpayer.
2975	2975	2965 (b) For an employer to be eligible for a credit under this section, the: (i) intern shall be
2976	2976	2966enrolled in or a recent graduate of a public or private institution of higher education located in 137 of 276
2977	2977	2967the commonwealth; (ii) intern shall have been employed as a qualified intern by the employer for
2978	2978	2968not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) employer shall
2979	2979	2969demonstrate that the total number of interns employed in the taxable year exceeds the average
2980	2980	2970number of interns employed by the taxpayer per year over the previous 3 taxable years. An intern
2981	2981	2971shall not be qualified if such intern is participating in another internship or apprenticeship
2982	2982	2972program for which an employer has claimed a credit in the taxable year under this chapter or
2983	2983	2973section 6 of chapter 62.
2984	2984	2974 (c) The total cumulative value of the credits authorized in this section and subsection (gg)
2985	2985	2975of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer shall not claim
2986	2986	2976more than $100,000 in credits under this section for any taxable year. A credit allowed under this
2987	2987	2977section shall not be transferable.
2988	2988	2978 (d) The executive office of economic development, in consultation with the
2989	2989	2979commissioner of revenue, shall authorize, administer and determine eligibility for the tax credit
2990	2990	2980pursuant to this section and subsection (gg) of section 6 chapter 62 and shall allocate the credit in
2991	2991	2981accordance with the standards and requirements set forth in regulations promulgated pursuant to
2992	2992	2982this section. The secretary of economic development, in consultation with the commissioner of
2993	2993	2983revenue, shall promulgate regulations establishing an application process for the credit.
2994	2994	2984 (e) The secretary of economic development shall annually file a report with the house and
2995	2995	2985senate committees on ways and means, the joint committee on economic development and
2996	2996	2986emerging technologies and the joint committee on labor and workforce development identifying
2997	2997	2987the: (i) total amount of tax credits claimed pursuant to this section and subsection (gg) of section
2998	2998	29886 of chapter 62; (ii) number of participating interns; and (iii) number of participating employers. 138 of 276
2999	2999	2989In the fourth submission of the annual report, the secretary of economic development shall also
3000	3000	2990provide an assessment of the effectiveness of the credit offered under this section and under said
3001	3001	2991subsection (gg) of said section 6 of said chapter 62 in achieving the goal of retaining graduating
3002	3002	2992talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of
3003	3003	2993revenue may provide to the secretary of economic development de-identified, statistical tax
3004	3004	2994return information related to the tax filings of former participating interns for the 5 tax years
3005	3005	2995beginning after the conclusion of the internships to evaluate whether former interns are both
3006	3006	2996employed and domiciled in the commonwealth after their internship. Such information shall be
3007	3007	2997shared in a manner that prevents the identification of particular tax returns.
3008	3008	2998 SECTION 150. Section 42B of said chapter 63, as appearing in the 2022 Official Edition,
3009	3009	2999is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and
3010	3010	3000inserting in place thereof the following words:- or the climatetech tax incentive program
3011	3011	3001established in section 16 of chapter 23J, a certified.
3012	3012	3002 SECTION 151. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby
3013	3013	3003amended by adding the following paragraph:-
3014	3014	3004 (yy)(1) Sales of tangible personal property purchased for a certified climatetech
3015	3015	3005company, to the extent authorized pursuant to the climatetech tax incentive program established
3016	3016	3006in section 16 of chapter 23J for use in connection with the construction, alteration, remodeling,
3017	3017	3007repair or remediation of research, development or manufacturing or other commercial facilities
3018	3018	3008used for the provisions of goods or services in the climatetech sector and utility support systems.
3019	3019	3009 (2) As used in this paragraph, the following words shall have the following meanings,
3020	3020	3010unless the context clearly requires otherwise: 139 of 276
3021	3021	3011 “Climatetech”, shall have the meaning ascribed to it in section 1 of chapter 23J.
3022	3022	3012 “Climatetech company”, shall have the same meaning ascribed to it in section 1 of
3023	3023	3013chapter 23J.
3024	3024	3014 “Utility support systems”, all areas of utility support systems including, but not limited
3025	3025	3015to, site, civil, mechanical, electrical and plumbing systems.
3026	3026	3016 SECTION 152. Section 1B of chapter 69 of the General Laws, as so appearing, is hereby
3027	3027	3017amended by adding the following paragraph:-
3028	3028	3018 The board shall promulgate regulations requiring that all approved programs for teachers
3029	3029	3019shall include instruction on the appropriate use of augmentative and alternative communication
3030	3030	3020and other assistive technologies. The board may require that individual professional development
3031	3031	3021plans required by section 38G of chapter 71 address the learning needs of students who are
3032	3032	3022nonverbal or have limited speech requiring augmentative and alternative communication.
3033	3033	3023 SECTION 153. Said chapter 69 is hereby further amended by inserting after section 36
3034	3034	3024the following section:-
3035	3035	3025 Section 37. (a) Notwithstanding any general or special law to the contrary, the
3036	3036	3026department shall set measurable educator diversity goals for the state and collect and publish a
3037	3037	3027report on statewide educator diversity data on the department’s website, which shall include such
3038	3038	3028goals. The data shall, include but not be limited to: (i) the hiring and retention of diverse
3039	3039	3029educators; (ii) the racial and ethnic demographics of educators who complete Massachusetts state
3040	3040	3030educator preparation programs; (iii) the racial and ethnic demographics of all persons applying
3041	3041	3031for and completing educator certification in the commonwealth; and (iv) teacher qualification 140 of 276
3042	3042	3032data. Annually, not later than June 30, the department shall share the report required under this
3043	3043	3033section with the board of elementary and secondary education and the clerks of the senate and
3044	3044	3034house of representatives and the joint committee on education.
3045	3045	3035 (b) Public school districts and charter schools shall collect and report to the department
3046	3046	3036educator diversity data in a manner prescribed by the department; provided, however, that the
3047	3047	3037department shall utilize existing reporting mechanisms and schedules to collect educator
3048	3048	3038diversity data and outcomes.
3049	3049	3039 SECTION 154. The second paragraph of section 38G of chapter 71 of the General Laws,
3050	3050	3040as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- .
3051	3051	3041The board shall ensure that the established requirements for such certificates provide necessary
3052	3052	3042accommodations for a person with a disability as required by all applicable state and federal
3053	3053	3043laws.
3054	3054	3044 SECTION 155. Said section 38G of said chapter 71, as so appearing, is hereby further
3055	3055	3045amended by inserting after the third paragraph the following paragraph:-
3056	3056	3046 The department of elementary and secondary education shall, in consultation with
3057	3057	3047relevant stakeholders, develop additional pathways for granting educator certification based on
3058	3058	3048the alternative assessment pilot authorized in 603 CMR 7.04(2)(f) that may be used to satisfy the
3059	3059	3049testing requirements of this section.
3060	3060	3050 SECTION 156. Said section 38G of said chapter 71, as so appearing, is hereby further
3061	3061	3051amended by inserting after the twenty-fourth paragraph the following paragraph:- 141 of 276
3062	3062	3052 In addition to the requirements of this section, the department shall incentivize all
3063	3063	3053educators and administrators to be trained in strategies related to evidence-based culturally
3064	3064	3054responsive and linguistically sustaining pedagogy and practices. The department may consider
3065	3065	3055incentives including, but not limited to, certification fee waivers, resources curated and published
3066	3066	3056by the department, professional development opportunities, grants and optional training during
3067	3067	3057the certification and recertification process.
3068	3068	3058 SECTION 157. Said chapter 71 is hereby further amended by inserting after section 38G
3069	3069	3059½ the following section:-
3070	3070	3060 Section 38G ¾. (a) To promote a diverse educator workforce, the department shall:
3071	3071	3061 (1) establish guidelines for plans to increase diversity among teaching, administration,
3072	3072	3062and staff positions in school districts as defined in section 2 of chapter 70 and charter schools, as
3073	3073	3063defined in section 89. The guidelines shall include, but not be limited to, recommended policies
3074	3074	3064designed to help districts and schools: (i) identify and eliminate discriminatory barriers to hiring
3075	3075	3065in a district or school; (ii) identify, recruit and hire employees who are members of groups
3076	3076	3066underrepresented in the educator workforce; (iii) develop, promote and retain employees who are
3077	3077	3067members of groups underrepresented in the educator workforce; and (iv) promote equal
3078	3078	3068opportunity in employment for educators; provided, however, that in developing such guidelines,
3079	3079	3069the department shall consult with relevant stakeholders, including experts and school leaders
3080	3080	3070from public school districts and charter schools that have experienced significant increases in
3081	3081	3071hiring and retaining diverse educators;
3082	3082	3072 (2) establish a process for reviewing plans based on clearly defined criteria; provided,
3083	3083	3073however, that a public school district or charter school shall amend any plan deemed not to 142 of 276
3084	3084	3074conform with the requirements of this section; and provided further, that a public school district
3085	3085	3075or charter school shall be deemed to have satisfied the requirements of this section if it has
3086	3086	3076prioritized diversity in its 3-year plan required by section 1S of chapter 69 or in any other
3087	3087	3077strategic plan developed by the district; and
3088	3088	3078 (3) require approved educator preparation programs to implement plans to examine and
3089	3089	3079address barriers to equity in program enrollment and completion; provided, however, that the
3090	3090	3080plans shall be required as part of the educator preparation program approval process and the
3091	3091	3081department shall make each program’s plan publicly available. The department shall establish
3092	3092	3082guidelines for educator preparation program plans.
3093	3093	3083 (b) The board of elementary and secondary education shall review progress on educator
3094	3094	3084diversity on a regular basis and may provide further recommendations to districts and schools
3095	3095	3085regarding educator diversity.
3096	3096	3086 SECTION 158. Said chapter 71 is hereby further amended by adding the following
3097	3097	3087section:-
3098	3098	3088 Section 100. (a) Public school districts and charter schools shall appoint or hire a
3099	3099	3089diversity, equity and inclusion officer or establish a diversity team. The role and responsibilities
3100	3100	3090of a diversity officer or team may be assigned to an existing school employee or existing school
3101	3101	3091entity. A diversity officer or team shall report directly to the superintendent of the school.
3102	3102	3092Diversity officers or teams shall coordinate their school district’s compliance with the
3103	3103	3093requirements of this section and applicable federal and state laws.. Each school district and
3104	3104	3094charter school shall post information on its diversity officer or team on a publicly accessible
3105	3105	3095website. 143 of 276
3106	3106	3096 (b) Public school districts and charter schools shall establish a process for advising the
3107	3107	3097school committee or board of trustees on matters of diversity, equity and inclusion in the school
3108	3108	3098district or charter school which may include establishing an educator diversity council consisting
3109	3109	3099of educators, administrators, parents or caregivers and students and which shall meet regularly
3110	3110	3100with the superintendent or the diversity officer or teams and the school committee or board of
3111	3111	3101trustees. For such councils that are established, members shall, to the best ability of a school
3112	3112	3102district or charter school, represent a diversity of identities including, but not limited to race,
3113	3113	3103ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability and
3114	3114	3104socioeconomic level. The school committee or board of trustees may appoint a member of the
3115	3115	3105committee to serve as an ex-officio member of the educator diversity council.
3116	3116	3106 (c) Pursuant to guidelines established by the Massachusetts commission against
3117	3117	3107discrimination, in consultation with the department, superintendents, school committee members,
3118	3118	3108boards of trustees members, district leaders, principals and school district employees shall attend
3119	3119	3109diversity and implicit bias training every 2 years; provided, however, that training completed
3120	3120	3110during certification or recertification pursuant to section 38G of chapter 71 shall satisfy this
3121	3121	3111requirement for the year in which the training was completed.
3122	3122	3112 SECTION 159. Section 18 of chapter 74 of the General Laws, as appearing in the 2022
3123	3123	3113Official Edition, is hereby amended by striking out the first paragraph and inserting in place
3124	3124	3114thereof the following paragraph:-
3125	3125	3115 The state department shall establish basic competency-based vocational-technical teacher
3126	3126	3116training standards which shall serve as the fundamental, pedagogical requirements for beginning
3127	3127	3117vocational-technical instructors. The department shall further require that all persons seeking to 144 of 276
3128	3128	3118meet the department's requirements shall have successfully passed performance and written tests
3129	3129	3119in areas as determined by the board or shall have satisfied alternative measures of proficiency
3130	3130	3120established by the board and shall have successfully completed an approved seminar on teaching
3131	3131	3121skills and methods.
3132	3132	3122 SECTION 160. Section 2E of chapter 90 of the General Laws, as most recently amended
3133	3133	3123by chapter 28 of the acts of 2023, is hereby amended by adding the following subsection:
3134	3134	3124 (e) The registrar shall furnish, upon application, to an owner of a private passenger motor
3135	3135	3125vehicle distinctive registration plates that shall display on its face a design celebrating state
3136	3136	3126parks. Any such person who bears such plates shall be provided the same benefits as a parking
3137	3137	3127season pass holder. The design of the plate theme shall be determined by the department of
3138	3138	3128conservation and recreation, in consultation with and subject to the approval of the registrar.
3139	3139	3129There shall be a fee of not less than $100 dollars for such plates in addition to the established
3140	3140	3130registration fee for private passenger motor vehicles and such fee shall be paid at the time of
3141	3141	3131registration of the vehicle and at each renewal thereof. The portion of the total fee remaining
3142	3142	3132after the deduction of costs directly attributable to the issuance of such plates shall be deposited
3143	3143	3133in the State Parks Preservation Trust Fund established in section 35DD of chapter 10.
3144	3144	3134 SECTION 16`. Section 34A of said chapter 90, as appearing in the 2022 Official Edition,
3145	3145	3135is hereby amended by striking out, in line 102, the words “at least twenty thousand dollars” and
3146	3146	3136inserting in place thereof the following words:- not less than $50,000.
3147	3147	3137 SECTION `62. Said section 34A of said chapter 90, as so appearing, is hereby further
3148	3148	3138amended by striking out, in lines 104 and 105, the words “at least forty thousand dollars” and
3149	3149	3139inserting in place thereof the words:- not less than $100,000. 145 of 276
3150	3150	3140 SECTION 163. Section 34O of said chapter 90, as so appearing, is hereby amended by
3151	3151	3141striking out, in line 17, the words “five thousand dollars” and inserting in place thereof the
3152	3152	3142following figure:- $30,000.
3153	3153	3143 SECTION 164. The General Laws are hereby amended by inserting after chapter 93L the
3154	3154	3144following chapter:-
3155	3155	3145 Chapter 93M
3156	3156	3146 Portable Wireless Device Repair Act
3157	3157	3147 Section 1. As used in this chapter, the following words shall have the following meanings
3158	3158	3148unless the context clearly requires otherwise:
3159	3159	3149 "Authorized repair provider”, an individual or business who is unaffiliated with a
3160	3160	3150manufacturer and who has an arrangement with the manufacturer under which the manufacturer
3161	3161	3151grants to the individual or business a license to use a trade name, service mark or other
3162	3162	3152proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair
3163	3163	3153of portable wireless devices under the name of the manufacturer or other arrangement with the
3164	3164	3154manufacturer to offer such services on behalf of manufacturer; provided, however, that a
3165	3165	3155manufacturer who offers the services of diagnosis, maintenance or repair of portable wireless
3166	3166	3156devices manufactured by the manufacturer or on its behalf, or sold or otherwise supplied by the
3167	3167	3157manufacturer, and who does not do so exclusively through at least 1 arrangement as described
3168	3168	3158herein, shall be considered an authorized repair provider with respect to such equipment. 146 of 276
3169	3169	3159 "Documentation", a manual, diagram, reporting output, service code description,
3170	3170	3160schematic, security code or password or other information used in effecting the services of
3171	3171	3161diagnosis, maintenance or repair of portable wireless devices.
3172	3172	3162 “Fair and reasonable terms”, costs and terms for obtaining a part, tool or documentation
3173	3173	3163that are equivalent to the most favorable costs and terms under which the manufacturer offers the
3174	3174	3164part, tool or documentation to an authorized repair provider accounting for any discount, rebate,
3175	3175	3165convenient and timely means of delivery, means of enabling fully restored and updated
3176	3176	3166functionality, rights of use or other incentive or preference the manufacturer offers to an
3177	3177	3167authorized repair provider or any additional cost, burden or impediment the manufacturer
3178	3178	3168imposes on an owner or independent repair provider; provided, however, that for documentation,
3179	3179	3169including any relevant updates, “fair and reasonable terms” shall mean at no charge, except that,
3180	3180	3170when the documentation is requested in physical printed form, a charge may be included for the
3181	3181	3171reasonable actual costs of preparing and sending the copy.
3182	3182	3172 "Independent repair provider", an individual or business operating in the commonwealth,
3183	3183	3173who does not have an arrangement as an authorized repair provider with a manufacturer and who
3184	3184	3174is not affiliated with any individual or business who has such an arrangement with the
3185	3185	3175manufacturer, that is engaged in the services of diagnosis, maintenance or repair of portable
3186	3186	3176wireless devices; provided, however, that “independent repair provider” shall include a
3187	3187	3177manufacturer or an individual or business who has an arrangement with that manufacturer, or
3188	3188	3178who is affiliated with an individual or business who has such an arrangement with that
3189	3189	3179manufacturer, that engages in the services of diagnosis, maintenance or repair of portable
3190	3190	3180wireless devices that is not manufactured by or on behalf of, or sold or otherwise supplied by,
3191	3191	3181that manufacturer. 147 of 276
3192	3192	3182 "Manufacturer", a business engaged in the business of selling, leasing or otherwise
3193	3193	3183supplying new portable wireless devices, or parts of equipment, manufactured by or on behalf of
3194	3194	3184itself, to any individual or business.
3195	3195	3185 "Owner", an individual or business who lawfully acquires a portable wireless device
3196	3196	3186purchased or used in the commonwealth.
3197	3197	3187 “Part”, a replacement part, either new or used, made available by or to a manufacturer for
3198	3198	3188purposes of effecting the services of maintenance or repair of portable wireless devices
3199	3199	3189manufactured by or on behalf of, sold or otherwise supplied by the manufacturer.
3200	3200	3190 “Portable Wireless Device”, a handheld product that includes a battery, microphone,
3201	3201	3191speaker and display designed to send and receive transmissions through a cellular radiotelephone
3202	3202	3192service.
3203	3203	3193 “Tool”, a software program, hardware implement or other apparatus used for diagnosis,
3204	3204	3194maintenance or repair of portable wireless devices, including software or other mechanisms that
3205	3205	3195provision, program or pair a part, calibrate functionality or perform any other function required
3206	3206	3196to bring the product back to fully functional condition.
3207	3207	3197 "Trade secret", anything tangible or intangible or electronically stored or kept that
3208	3208	3198constitutes, represents, evidences or records intellectual property, including secret or
3209	3209	3199confidentially held designs, processes, procedures, formulas, inventions or improvements, secrets
3210	3210	3200of confidentially held scientific, technical, merchandising, production, financial, business or
3211	3211	3201management information or anything within the definition in 18 U.S.C. 1839(3). 148 of 276
3212	3212	3202 Section 2. Manufacturers of portable wireless devices or parts for such equipment,
3213	3213	3203manufactured by the manufacturer or on its behalf, or sold or otherwise supplied by the
3214	3214	3204manufacturer in the commonwealth shall make available to owners of such devices and to
3215	3215	3205independent repair providers, on fair and reasonable terms, documentation, parts and tools,
3216	3216	3206inclusive of any updates, for purposes of diagnosis, maintenance or repair of such devices.
3217	3217	3207Nothing in this section shall require a manufacturer to make available a part that is no longer
3218	3218	3208available to the manufacturer.
3219	3219	3209 Section 3. Manufacturers that sell any diagnostic, service or repair information to any
3220	3220	3210independent repair provider or any other third-party provider in a format that is standardized with
3221	3221	3211other manufacturers and on terms and conditions more favorable than the manner and the terms
3222	3222	3212and conditions pursuant to which an authorized repair provider obtains the same diagnostic,
3223	3223	3213service or repair information shall be prohibited from requiring any authorized repair provider to
3224	3224	3214continue purchasing diagnostic, service or repair information in a proprietary format unless such
3225	3225	3215proprietary format includes diagnostic, service or repair information or functionality that is not
3226	3226	3216available in such standardized format.
3227	3227	3217 Section 4. Nothing in this chapter shall require a manufacturer to divulge a trade secret,
3228	3228	3218except as necessary to provide documentation, parts and tools on fair and reasonable terms.
3229	3229	3219 Section 5. Nothing in this chapter shall require manufacturers or authorized repair
3230	3230	3220providers to provide an owner or independent repair provider access to non-diagnostic and non-
3231	3231	3221repair information provided by a manufacturer to an authorized repair provider pursuant to the
3232	3232	3222terms of an authorizing agreement. 149 of 276
3233	3233	3223 Section 6. (a) The attorney general may initiate an action to seek an injunction to restrain
3234	3234	3224any violations of this chapter and seek any relief authorized in chapter 93A.
3235	3235	3225 (b) Prior to initiating any action under this section against an individual or a business, the
3236	3236	3226attorney general shall provide the individual or business 30 days’ written notice identifying the
3237	3237	3227specific provisions of this chapter the attorney general alleges have been or are being violated;
3238	3238	3228provided, however, that if within the 30-day period the individual or business cures the noticed
3239	3239	3229violation and provides the attorney general a written statement that the alleged violations have
3240	3240	3230been cured and that no such further violations shall occur, no action shall be initiated against the
3241	3241	3231individual or business. Written notice by the attorney general shall be delivered by certified mail
3242	3242	3232and by first-class mail with proof of mailing. If an individual or business continues to violate this
3243	3243	3233chapter following this cure period or breaches an express written statement provided to the
3244	3244	3234attorney general under this subsection, the attorney general may initiate an action pursuant to
3245	3245	3235subsection (a).
3246	3246	3236 Section 7. Nothing in this chapter shall apply to a device approved by the United States
3247	3247	3237Food and Drug Administration.
3248	3248	3238 SECTION 165. Section 32H of chapter 94C of the General Laws, as appearing in the
3249	3249	32392022 Official Edition, is hereby amended by striking out, in lines 34 and 35, the words “, 18
3250	3250	3240years of age or older” and inserting in place thereof the following words:- who has attained the
3251	3251	3241age of criminal majority and has been.
3252	3252	3242 SECTION 166. Said section 32H of said chapter 94C, as so appearing, is hereby further
3253	3253	3243amended by striking out, in line 36, the figure “18” and inserting in place thereof the following
3254	3254	3244words:- the age of criminal majority. 150 of 276
3255	3255	3245 SECTION 167. Section 32M of said chapter 94C, as so appearing, is hereby amended by
3256	3256	3246striking out, in line 1, the word “eighteen” and inserting in place thereof the following words:-
3257	3257	3247criminal majority.
3258	3258	3248 SECTION 168. Said section 32M of said chapter 94C, as so appearing, is hereby further
3259	3259	3249amended by striking out, in line 6, the figure “18” and inserting in place thereof the following
3260	3260	3250words:- criminal majority.
3261	3261	3251 SECTION 169. Section 36 of said chapter 94C, as so appearing, is hereby amended by
3262	3262	3252striking out, in lines 6 and 7, the words “his eighteenth birthday” and inserting in place thereof
3263	3263	3253the following words:- the age of criminal majority.
3264	3264	3254 SECTION 170. Chapter 98 of the General Laws is hereby amended by adding the
3265	3265	3255following section:-
3266	3266	3256 Section 59. (a) For the purposes of this section, the following words shall have the
3267	3267	3257following meanings unless the context clearly requires otherwise:
3268	3268	3258 “Charger”, a device having at least 1 charging port and connector for charging electric
3269	3269	3259vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.
3270	3270	3260 “Charging network provider”, an entity that operates a digital communication network
3271	3271	3261that remotely manages chargers which may include charging station operators and manufacture
3272	3272	3262chargers.
3273	3273	3263 “Charging station”, a charger or group of chargers and the area in the immediate vicinity
3274	3274	3264of such charger or group of chargers, which may include, at the discretion of the regulating
3275	3275	3265entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress 151 of 276
3276	3276	3266and egress; provided, however, that a “charging station” may comprise only part of the property
3277	3277	3267on which it is located.
3278	3278	3268 “Charging station operator”, an entity that owns or provides chargers and supporting
3279	3279	3269equipment and facilities at charging stations and is responsible for the operation and maintenance
3280	3280	3270of the chargers and supporting equipment and facilities; provided, however, that such operator
3281	3281	3271may delegate responsibility for certain aspects of the charging station operation and maintenance
3282	3282	3272to subcontractors.
3283	3283	3273 “Connector”, a device that attaches an electric vehicle to a charging port to transfer
3284	3284	3274electricity; provided, however, that “connector” shall also mean a plug.
3285	3285	3275 “Direct current fast charger”, a charger that enables rapid charging by delivering direct-
3286	3286	3276current electricity directly to an electric vehicle’s battery.
3287	3287	3277 “Electric vehicle”, a battery-powered electric vehicle that is either a zero-emission
3288	3288	3278vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage
3289	3289	3279device that can be recharged from an external source of electricity and has the capability to run
3290	3290	3280on another fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric
3291	3291	3281bicycle or other micromobility device.
3292	3292	3282 “Electric vehicle charging services”, the transfer of electric energy from an electric
3293	3293	3283vehicle charging station to a battery or other storage device in an electric vehicle and related
3294	3294	3284billing services, networking and operation and maintenance. 152 of 276
3295	3295	3285 “Electric vehicle supply equipment”, a device, including at least 1 charging port and
3296	3296	3286connector, for charging electric vehicles; provided, however, that “electric vehicle supply
3297	3297	3287equipment” shall also mean a charger.
3298	3298	3288 “Level 1”, a galvanically-connected electric vehicle supply equipment with a single-
3299	3299	3289phase input voltage nominally 120 volts alternating current and a maximum output current of not
3300	3300	3290more than 16 amperes alternating current.
3301	3301	3291 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single-
3302	3302	3292phase input voltage range from 208 volts to 240 volts, inclusive, alternating current and a
3303	3303	3293maximum output current of not more than 80 amperes alternating current.
3304	3304	3294 “Public electric vehicle charging station”, an electric vehicle charging station located at a
3305	3305	3295publicly-available parking space.
3306	3306	3296 ''Publicly-available parking space'', a parking space that has been designated by a
3307	3307	3297property owner or lessee to be available to and accessible by the public and may include on-
3308	3308	3298street parking spaces and parking spaces in surface lots or parking garages; provided, however,
3309	3309	3299that “publicly-available parking space” shall not include a parking space that is part of or
3310	3310	3300associated with residential property containing not more than 4 dwelling units or that is reserved
3311	3311	3301for the exclusive use of an individual driver or vehicle or group of drivers or vehicles, including
3312	3312	3302employees, tenants, visitors, residents of a common interest development and residents of an
3313	3313	3303adjacent building.
3314	3314	3304 “Publicly-funded and available charging station", a public electric vehicle charging
3315	3315	3305station installed on or after January 1, 2025 that has received, or expects to receive, a grant, loan 153 of 276
3316	3316	3306or other incentive from a federal or state government source or through a charge on ratepayers
3317	3317	3307and is located at a publicly available parking space.
3318	3318	3308 (b) The division of standards shall promulgate regulations to: (i) inventory the number
3319	3319	3309and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of
3320	3320	3310electricity purchased at public electric vehicle charging stations; provided, however, that, with
3321	3321	3311respect to public electric vehicle charging stations, such regulations shall include setting
3322	3322	3312minimum requirements for the communication and display of pricing information; provided
3323	3323	3313further, that the division shall not prevent a charging station from operating due to an omission
3324	3324	3314or inability of the division to test, inspect, seal or inventory the charging station or otherwise
3325	3325	3315administer and enforce such regulations or, in the case of a public electric vehicle charging
3326	3326	3316station, due to an omission or inability to ensure the accuracy of pricing and volumes of
3327	3327	3317electricity purchased at, and information communicated by, such public electric vehicle charging
3328	3328	3318station.
3329	3329	3319 (c) Regulations promulgated pursuant to this section may vary by technology type, power
3330	3330	3320levels, number of chargers per site, site ownership and according to whether charging stations
3331	3331	3321and chargers are: (i) networked; (ii) level 1, level 2 or direct current fast chargers; or (iii) all-
3332	3332	3322inclusive mobile solar charging stations. Such regulations shall not apply to chargers or charging
3333	3333	3323stations installed at a residential property containing not more than 4 dwelling units. The
3334	3334	3324division may set standards for data formats that comply with electric vehicle charging industry
3335	3335	3325best practices and standards, as determined by the division.
3336	3336	3326 (d) Annually, not later than May 1, the division shall submit a report and accompanying
3337	3337	3327data with respect to the inventory required under subsections (b) and (c) and other findings made 154 of 276
3338	3338	3328and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways
3339	3339	3329and means, the joint committee on telecommunications, utilities and energy, the secretary of
3340	3340	3330energy and environmental affairs and the secretary of administration and finance.
3341	3341	3331 (e) In promulgating regulations under this section, the division may apply different
3342	3342	3332requirements to publicly-funded and available electric vehicle chargers and other charging
3343	3343	3333stations.
3344	3344	3334 SECTION 171. Chapter 100A of the General Laws is hereby amended by adding the
3345	3345	3335following section:-
3346	3346	3336 Section 15. There shall be within the division of insurance an auto body labor rate
3347	3347	3337advisory board to address any issues related to auto body labor rates. The advisory board shall
3348	3348	3338consist of: (i) 1 person appointed by the commissioner of insurance; (ii) 1 person appointed by
3349	3349	3339the attorney general; (iii) 1 person appointed by the director of standards; 3 persons selected
3350	3350	3340from the auto insurance industry by the Automobile Insurers Bureau of Massachusetts, 1 of
3351	3351	3341whom shall be chosen by the 3 persons to serve as co-chair; 3 persons selected from the auto
3352	3352	3342repair industry from different geographic regions of the commonwealth by the Alliance of
3353	3353	3343Automotive Service Providers of Massachusetts, Inc., 1 of whom shall be chosen by the 3
3354	3354	3344persons to serve as co-chair; 1 person selected by the Massachusetts State Automobile Dealers
3355	3355	3345Association, Inc; and 4 persons to be appointed by the co-chairs, 1 of whom shall be from
3356	3356	3346vocational-technical schools, 2 of whom shall be from a consumer advocacy group and 1 of
3357	3357	3347whom shall be an economist with expertise on the insurance industry.
3358	3358	3348 The advisory board shall meet not less than 2 times a year. The advisory board shall be
3359	3359	3349responsible for creating, implementing and overseeing an annual survey given to relevant auto 155 of 276
3360	3360	3350body shops. The survey shall compile data pertaining to contracted hourly labor rates, posted
3361	3361	3351hourly labor rates, prevailing hourly labor rates and any additional information the advisory
3362	3362	3352board deems relevant. The advisory board shall collect industry data including, but not limited
3363	3363	3353to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) total labor costs; (iv)
3364	3364	3354inflation data; (v) work force data; (vi) vocational-technical school trends; (vii) insurance
3365	3365	3355premiums; and (viii) any additional information as requested by the advisory board. The results
3366	3366	3356of the survey and the data collected shall be reviewed and analyzed by the advisory board
3367	3367	3357annually and the board shall make recommendations for a fair and equitable labor rate.
3368	3368	3358 Annually, not later than December 31, the advisory board shall file a report of its
3369	3369	3359findings, conclusions and any recommendations with the clerks of the senate and house of
3370	3370	3360representatives, the joint committee on financial services, the senate and house committees on
3371	3371	3361ways and means and the division of insurance.
3372	3372	3362 SECTION 172. Chapter 111 of the General Laws is hereby amended by striking out
3373	3373	3363section 27D, as appearing in the 2022 Official Edition, and inserting in place thereof the
3374	3374	3364following section:-
3375	3375	3365 Section 27D. (a) As used in this section, the following words shall have the following
3376	3376	3366meanings unless the context clearly requires otherwise:-
3377	3377	3367 “Board of health”, any body politic or political subdivision of the commonwealth that
3378	3378	3368acts as a board of health, public health commission or a health department for a municipality,
3379	3379	3369region or district including, but not limited to, municipal boards of health, regional health
3380	3380	3370districts established pursuant to section 27B and boards of health that share services pursuant to
3381	3381	3371section 4A of chapter 40. 156 of 276
3382	3382	3372 “Foundational capabilities”, cross-cutting skills and capacities needed to support basic
3383	3383	3373public health programs and other protections and activities including, but not limited to: (i)
3384	3384	3374assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development;
3385	3385	3375(iv) communications; (v) community partnership development; (vi) organizational administrative
3386	3386	3376competences; (vii) data-driven interventions; or (viii) accountability and performance
3387	3387	3377management.
3388	3388	3378 “Foundational public health services”, a nationally recognized framework for a minimum
3389	3389	3379set of public health service, including, but not limited to, public health programs and
3390	3390	3380foundational capabilities.
3391	3391	3381 “Public health programs”, programs that include, but shall not be limited to: (i)
3392	3392	3382communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food
3393	3393	3383and water protection; (v) chronic disease and injury prevention; (vi) environmental public health;
3394	3394	3384(vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where
3395	3395	3385applicable.
3396	3396	3386 (b) The department, in consultation with municipalities and other stakeholders, shall
3397	3397	3387establish a state action for public health excellence program to: (i) provide uniform access for
3398	3398	3388every resident to foundational public health services; provided, however, that foundational public
3399	3399	3389health services shall further equity, including for historically underrepresented communities; (ii)
3400	3400	3390assist boards of health in adopting practices to improve the efficiency and effectiveness of the
3401	3401	3391delivery of foundational public health services; (iii) develop a set of standards for foundational
3402	3402	3392public health services across the commonwealth; and (iv) promote and provide adequate
3403	3403	3393resources for boards of health that shall include, but shall not be limited to: (A) supporting 157 of 276
3404	3404	3394boards of health to meet the standards established pursuant to clause (iii) and pursuant to
3405	3405	3395subsection (c) to improve municipal and regional health systems; (B) increasing cross-
3406	3406	3396jurisdictional sharing of public health programs to strengthen the service delivery capabilities of
3407	3407	3397municipal and regional public health systems; (C) improving planning and system accountability
3408	3408	3398of municipal and regional public health systems, including, but not limited to, statewide data
3409	3409	3399collection and reporting systems; (D) establishing workforce credentialing standards, including,
3410	3410	3400but not limited to, education and training standards for municipal and regional public health
3411	3411	3401officials and staff; and (E) expanding access to professional development, training and technical
3412	3412	3402assistance for municipal and regional public health officials and staff.
3413	3413	3403 (c) The standards for local foundational public health services developed pursuant to
3414	3414	3404clause (iii) of subsection (b) shall include, but not be limited to: (i) standards for inspections,
3415	3415	3405epidemiology and communicable disease investigation and reporting, permitting and other local
3416	3416	3406public health responsibilities as required by law or under regulations of the department or the
3417	3417	3407department of environmental protection; (ii) workforce education, training and credentialing
3418	3418	3408standards; and (iii) standards for contributing required data. The standards shall consider
3419	3419	3409applicable national standards and shall be developed in consultation with local boards of health,
3420	3420	3410public health organizations, academic experts in the field of public health and members of the
3421	3421	3411special commission on local and regional public health established in chapter 3 of the resolves of
3422	3422	34122016.
3423	3423	3413 (d)(1) Subject to appropriation, boards of health shall implement and comply with the
3424	3424	3414standards developed pursuant to subsections (b) and (c), individually or through cross-
3425	3425	3415jurisdictional sharing of public health programs in the form of comprehensive public health
3426	3426	3416districts, formal shared services or other arrangements for sharing public health programs. 158 of 276
3427	3427	3417 (2) Annually, not later than August 31, boards of health shall submit a report to the
3428	3428	3418department shall include information demonstrating compliance with the standards pursuant to
3429	3429	3419subsections (b) and (c) during the preceding fiscal year.
3430	3430	3420 (e) Subject to appropriation, the department and the department of environmental
3431	3431	3421protection shall, according to each agency’s jurisdiction and authority, provide comprehensive
3432	3432	3422core public health educational and training opportunities and technical assistance to municipal
3433	3433	3423and regional public health officials and staff to support such officials in obtaining credentials and
3434	3434	3424foundational capabilities required by the standards developed pursuant to subsections (b) and (c);
3435	3435	3425provided, however, that such educational and training opportunities and technical assistance shall
3436	3436	3426be offered in diverse geographic locations throughout the commonwealth or online. The
3437	3437	3427department and the department of environmental protection may contract with other state
3438	3438	3428agencies or external entities to provide said educational and training opportunities and technical
3439	3439	3429assistance and shall provide such training opportunities and technical assistance free of charge.
3440	3440	3430 (f)(1) Subject to appropriation, the department shall provide funds to boards of health to
3441	3441	3431implement and comply with the standards developed pursuant to subsections (b) and (c),
3442	3442	3432including through cross-jurisdictional sharing of public health programs in the form of
3443	3443	3433comprehensive public health districts, formal shared services and other arrangements for sharing
3444	3444	3434public health programs.
3445	3445	3435 (2) The funds under this subsection may be used to provide:
3446	3446	3436 (i) grants and technical assistance to municipalities that demonstrate limited operational
3447	3447	3437capacity to meet local public health responsibilities as required by law or regulations; 159 of 276
3448	3448	3438 (ii) competitive grants to increase the efficiency and effectiveness of the delivery of
3449	3449	3439public health programs across not less than 2 municipalities through:
3450	3450	3440 (A) expanding shared services arrangements to include more municipalities;
3451	3451	3441 (B) expanding shared services arrangements to provide a more comprehensive and
3452	3452	3442equitable set of public health programs or sustainable business model; or
3453	3453	3443 (C) supporting new cross-jurisdictional sharing arrangements; provided, however, that
3454	3454	3444grants provided pursuant to this clause shall supplement and shall not replace existing state,
3455	3455	3445local, private or federal funding to boards of health and regional health districts; provided
3456	3456	3446further, that boards of health shall apply for funds pursuant to this clause in a manner determined
3457	3457	3447by the department; provided further, that the application shall include, but not be limited to: (I) a
3458	3458	3448description of how the applicant will increase the efficiency and effectiveness in the delivery of
3459	3459	3449public health programs; (II) certification by the applicant that, at the time of the application, the
3460	3460	3450applicant meets or will use funding to meet workforce standards as determined by the
3461	3461	3451department; (III) certification that the applicant shall submit written documentation on the
3462	3462	3452implementation of systems to increase efficiency in providing local public health programs,
3463	3463	3453including data, to the department in a manner to be prescribed by the department; and (IV) the
3464	3464	3454applicant’s plan for the long-term sustainability of strengthening local public health programs;
3465	3465	3455provided further, that the department shall adopt rules, regulations or guidelines for the
3466	3466	3456administration and enforcement of this clause including, but not limited to, establishing applicant
3467	3467	3457selection criteria, funding priorities, application forms and procedures, grant distribution and
3468	3468	3458other requirements; and provided further, that not less than 33 per cent of the grants awarded 160 of 276
3469	3469	3459shall be distributed to municipalities with a median household income below the median income
3470	3470	3460of the commonwealth; and
3471	3471	3461 (iii) annual noncompetitive funding to ensure that all residents of the commonwealth are
3472	3472	3462provided with foundational public health services that meet or exceed the standards set pursuant
3473	3473	3463to this section; provided, however, that funds provided pursuant to this clause shall be distributed
3474	3474	3464based on the level of implementation of the standards established in this section and using a
3475	3475	3465formula based on population, level of cross-jurisdictional sharing and sociodemographic data;
3476	3476	3466provided further, that to receive funding pursuant to this clause, a board of health shall submit an
3477	3477	3467annual report to the department of public health and department of environmental protection that:
3478	3478	3468(A) demonstrates progress or implementation of the standards; and (B) confirms that funding
3479	3479	3469provided pursuant to this clause shall supplement and shall not replace existing state, local,
3480	3480	3470private or federal funding to boards of health and regional health districts; provided further, that
3481	3481	3471the report shall not require data that is otherwise reported to the department under subsection (d);
3482	3482	3472provided further, local governments shall be granted relief from the department for good cause,
3483	3483	3473including, but not limited to economic or fiscal hardship; and provided further, that data
3484	3484	3474demonstrating implementation and compliance with the standards shall be submitted in a form
3485	3485	3475prescribed by the department.
3486	3486	3476 (g) Subject to appropriation, the department shall develop a system to provide for
3487	3487	3477increased standardization, integration and unification of public health reporting and systems for
3488	3488	3478the measuring of standard responsibilities of boards of health including, but not limited to,
3489	3489	3479inspections, code enforcement, communicable disease management and local regulations. The
3490	3490	3480system shall be developed in coordination with the department of environmental protection. If
3491	3491	3481feasible and in compliance with state and federal privacy requirements, the data and an analysis 161 of 276
3492	3492	3482of the data shall be available on the department’s website in a form that allows the public to
3493	3493	3483conduct further analysis; provided, however, that any such published data shall exclude personal
3494	3494	3484identifying information.
3495	3495	3485 (h) Annually, the department shall estimate the amount of funds necessary to meet the
3496	3496	3486requirements of this section for the upcoming fiscal year. The department shall report the
3497	3497	3487estimate to the secretary of administration and finance and the house and senate committees on
3498	3498	3488ways and means for the upcoming fiscal year in advance of the day assigned for submission of
3499	3499	3489the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall
3500	3500	3490publish the estimate on the department’s website.
3501	3501	3491 (i) If an outbreak of a disease or health care situation important to the public health
3502	3502	3492occurs, as determined by the commissioner or the commissioner of environmental protection,
3503	3503	3493affecting more than 1 board of health, the department may coordinate the affected boards of
3504	3504	3494health, assemble and share data on affected residents and organize the public health response
3505	3505	3495within and across the affected communities.
3506	3506	3496 (j) Biennially, not later than December 1, in every even numbered year, the department,
3507	3507	3497in consultation with the department of environmental protection, shall submit a report detailing
3508	3508	3498the impact of the state action for public health excellence program established in subsection (b),
3509	3509	3499the status of the local public health programs and their ability to meet the requirements of this
3510	3510	3500section including, but not limited to: (i) the number of board of health and regional health district
3511	3511	3501officials and staff that meet workforce standards as determined by the department; (ii) the
3512	3512	3502number of boards of health and regional health district officials and staff that attended
3513	3513	3503educational and training opportunities; (iii) the number of boards of health and regional health 162 of 276
3514	3514	3504districts that are in compliance with data reporting requirements of this section; and (iv) the
3515	3515	3505number of municipalities participating in regional public health collaborations. In preparing the
3516	3516	3506report, the department shall consult with the department of environmental protection. The report
3517	3517	3507shall be filed with the clerks of the house of representatives and the senate, the house and senate
3518	3518	3508committees on ways and means and the joint committee on public health and be publicly posted
3519	3519	3509on the websites of the department and the department of environmental protection.
3520	3520	3510 (k) Notwithstanding any general or special law to the contrary, if the commissioner, the
3521	3521	3511commissioner of environmental protection or their authorized representatives, determine that
3522	3522	3512failure to meet standards established in subsections (b) and (c) in a timeframe consistent with the
3523	3523	3513timeframe established in subsection (d), constitutes a threat to public health, they shall, in
3524	3524	3514writing, notify the appropriate board of health of such determination and request that the board of
3525	3525	3515health, in writing, notify the department of actions taken to effect appropriate protection. If the
3526	3526	3516commissioner is not so notified or, if after notification, the commissioner determines the such
3527	3527	3517actions are not sufficient to protect public health, the department may restrict future funding
3528	3528	3518provided under clause (iii) of subsection (f) and shall report these insufficiencies in its report
3529	3529	3519issued under subsection (j).
3530	3530	3520 (l) Nothing in this section shall limit the authority or responsibility of a board of health as
3531	3531	3521otherwise established pursuant to the General Laws including, but not limited to, section 127A.
3532	3532	3522 SECTION 173. Said chapter 111 is hereby amended by striking out section 243, as
3533	3533	3523appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
3534	3534	3524 Section 243(a) As used in this section, the following words shall have the following
3535	3535	3525meanings unless the context clearly requires otherwise: 163 of 276
3536	3536	3526 “Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from
3537	3537	3527deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes
3538	3538	3528in the area of the brain called the basal ganglia, characterized by tremor at rest, slow movements,
3539	3539	3529muscle rigidity, stooped posture and unsteady or shuffling gait.
3540	3540	3530 “Parkinsonisms”, related conditions that cause a combination of the movement
3541	3541	3531abnormalities seen in Parkinson's disease, including tremor at rest, slow movement, muscle
3542	3542	3532rigidity, impaired speech or muscle stiffness which often overlap with and can evolve from what
3543	3543	3533appears to be Parkinson’s disease; provided, however, that “Parkinsonisms” shall include, but
3544	3544	3534not be limited to: Multiple System Atrophy, Dementia with Lewy Bodies, Corticobasal
3545	3545	3535Degeneration and Progressive Supranuclear Palsy.
3546	3546	3536 (b) The department shall, subject to appropriation, establish a registry to record cases of
3547	3547	3537Parkinson’s and Parkinsonisms that occur in residents of the commonwealth and such
3548	3548	3538information concerning these cases as it shall deem necessary and appropriate in order to
3549	3549	3539determine the incidence and prevalence of such diseases.
3550	3550	3540 (c) The registry and system of collection and dissemination of information shall be under
3551	3551	3541the direction of the commissioner, who may enter into contracts, grants or other agreements as
3552	3552	3542are necessary for the conduct of the program.
3553	3553	3543 (d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be
3554	3554	3544provided a written and oral notice regarding the collection of information and patient data on
3555	3555	3545Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the
3556	3556	3546collection of data for purposes of research in this registry shall affirmatively opt out in writing
3557	3557	3547after an opportunity to review the documents and ask questions. No patient shall be required to 164 of 276
3558	3558	3548participate in this registry and patients may change their data collection participation status at
3559	3559	3549any time by submitting a request in writing.
3560	3560	3550 (e) The department shall establish a system for the collection and dissemination of
3561	3561	3551information determining the incidence and prevalence of Parkinson’s disease and related
3562	3562	3552Parkinsonisms as advised by the advisory committee. The department shall designate
3563	3563	3553Parkinson’s disease and related Parkinsonisms as diseases required to be reported in the
3564	3564	3554commonwealth or any part of the commonwealth.
3565	3565	3555 All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the
3566	3566	3556commonwealth shall be reported to the department; provided, however, that the mere incidence
3567	3567	3557of a patient with Parkinson’s disease or a related Parkinsonism shall be the sole required
3568	3568	3558information for this registry for any patient who chooses not to participate. For the subset of
3569	3569	3559patients who choose not to participate, no further data shall be reported to the registry.
3570	3570	3560 The department may create, review and revise a list of data points required as part of
3571	3571	3561mandated Parkinson’s disease reporting under this section. The list shall include, but not be
3572	3572	3562limited to, necessary triggering diagnostic conditions, consistent with the latest World Health
3573	3573	3563Organization’s International Statistical Classification of Diseases and Related Health Problems
3574	3574	3564and resulting case data including, but not limited to, diagnosis, treatment and survival.
3575	3575	3565 The department may implement and administer this subsection through a bulletin or
3576	3576	3566similar instruction to providers without taking regulatory action.
3577	3577	3567 (f) The department shall provide notification of the mandatory reporting of Parkinson’s
3578	3578	3568disease and Parkinsonism on its website and may also provide that information to professional 165 of 276
3579	3579	3569associations representing physicians, nurse practitioners and hospitals not less than 90 days prior
3580	3580	3570to requiring information be reported.
3581	3581	3571 (g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner
3582	3582	3572who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or
3583	3583	3573Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms as
3584	3584	3574required by subsection (e) to the department in a format prescribed by the department. The
3585	3585	3575department may enter into data sharing contracts with data reporting entities and their associated
3586	3586	3576electronic medical record systems vendors to securely and confidentially receive information
3587	3587	3577related to Parkinson’s disease testing, diagnosis and treatment.
3588	3588	3578 (h) The department may enter into agreements to furnish data collected in this registry to
3589	3589	3579other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local
3590	3590	3580health officers or health researchers for the study of Parkinson’s disease; provided, however, that
3591	3591	3581before confidential information is disclosed to those agencies, officers, researchers or out-of-
3592	3592	3582state registries, the requesting entity shall agree in writing to maintain the confidentiality of the
3593	3593	3583information and, in the case of researchers, shall:
3594	3594	3584 (i) obtain approval of their committee for the protection of human subjects established in
3595	3595	3585accordance with 45 C.F.R. 46; and
3596	3596	3586 (ii) provide documentation to the department that demonstrates to the department’s
3597	3597	3587satisfaction that the entity has established the procedures and has the ability to maintain the
3598	3598	3588confidentiality of the information. 166 of 276
3599	3599	3589 (i) Except as otherwise provided in this section, all information collected pursuant to this
3600	3600	3590section shall be confidential . To ensure privacy, the department shall promulgate a coding
3601	3601	3591system that removes any identifying information about the patient.
3602	3602	3592 (j) Notwithstanding any general or special law to the contrary, a disclosure authorized by
3603	3603	3593this section shall include only the information necessary for the stated purpose of the requested
3604	3604	3594disclosure, used for the approved purpose and not be further disclosed.
3605	3605	3595 If the security of confidentiality has been documented, the furnishing of confidential
3606	3606	3596information to the department or its authorized representative in accordance with this section
3607	3607	3597shall not expose any person, agency or entity furnishing such information to liability and shall
3608	3608	3598not be considered a waiver of any privilege or a violation of a confidential relationship.
3609	3609	3599 (k) The department shall maintain an accurate record of all persons who are given access
3610	3610	3600to confidential information under this section. The record shall include: (i) the name of the
3611	3611	3601person authorizing access; (ii) the name, title, address and organizational affiliation of persons
3612	3612	3602given access; (iii) dates of access; and (iv) the specific purpose for which such confidential
3613	3613	3603information is to be used. The record of access shall be open to public inspection during normal
3614	3614	3604operating hours of the department.
3615	3615	3605 (l) Notwithstanding any general or special law to the contrary, confidential information
3616	3616	3606under this section shall not be available for subpoena and shall not be disclosed, subject to
3617	3617	3607discovery or compelled to be produced in any civil, criminal, administrative or other proceeding.
3618	3618	3608Such confidential information shall not be deemed admissible as evidence in any civil, criminal,
3619	3619	3609administrative or other tribunal or court for any reason. 167 of 276
3620	3620	3610 This subsection shall not prohibit the publication by the department of reports and
3621	3621	3611statistical compilations that do not identify individual cases or individual sources of information.
3622	3622	3612 Notwithstanding the restrictions in this subsection, the individual to whom the
3623	3623	3613information pertains shall have access to such information.
3624	3624	3614 (m) This section shall not preempt the authority of facilities or individuals providing
3625	3625	3615diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to
3626	3626	3616maintain their own facility-based Parkinson’s disease or Parkinsonisms registries.
3627	3627	3617 (n) Annually, the department shall report to the house and senate committees on ways
3628	3628	3618and means and the joint committee on public health, a program summary update on the incidence
3629	3629	3619and prevalence of Parkinson’s and related Parkinsonisms in the commonwealth, delineated by
3630	3630	3620county, and including the number of records that have been included and reported into the
3631	3631	3621registry and demographic information such as patients, by age, gender and race. The report shall
3632	3632	3622be published in a downloadable format on the department’s webpage or on a designated
3633	3633	3623Massachusetts Parkinson’s Research Registry webpage.
3634	3634	3624 (o) The department shall create and maintain a webpage titled “An overview from the
3635	3635	3625Massachusetts Parkinson’s Research Registry” within the department’s public information
3636	3636	3626website to allow public access to information related to the registry, the yearly program summary
3637	3637	3627required in this section and any other relevant or helpful information related to the registry This
3638	3638	3628information may be published in any form deemed appropriate by the department.
3639	3639	3629 SECTION 174. Said chapter 111 is hereby further amended by adding the following
3640	3640	3630section:- 168 of 276
3641	3641	3631 Section 245. (a) As used in this section, the following words shall have the following
3642	3642	3632meanings unless the context clearly requires otherwise:
3643	3643	3633 “Smoke evacuation system”, smoke evacuators, laser plume evacuators or local exhaust
3644	3644	3634ventilators that effectively capture and neutralize surgical smoke at the site of origin and before
3645	3645	3635the smoke can make ocular contact or contact with the respiratory tract of the occupants of the
3646	3646	3636room.
3647	3647	3637 “Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols,
3648	3648	3638laser-generated airborne contaminants and other lung-damaging dust, that results from contact
3649	3649	3639with tissue by an energy generating device.
3650	3650	3640 (b) All hospitals and freestanding ambulatory surgical centers licensed under this chapter
3651	3651	3641shall adopt policies to ensure the elimination of surgical smoke by use of a smoke evacuation
3652	3652	3642system for any procedure that generates surgical smoke from the use of energy-based devices
3653	3653	3643including, but not limited to, electrosurgery and lasers.
3654	3654	3644 (c) Any hospital or freestanding ambulatory surgical center that violates subsection (b)
3655	3655	3645shall be punished by a fine of not less than $500 for each violation.
3656	3656	3646 SECTION 175. Chapter 112 of the General Laws is hereby amended by striking out
3657	3657	3647section 9, as appearing in the 2022 Official Edition, and inserting in place thereof the following
3658	3658	3648section:-
3659	3659	3649 Section 9. (a) An applicant for limited registration under this section may, upon payment
3660	3660	3650of a fee to be determined annually by the secretary of administration and finance under section 169 of 276
3661	3661	36513B of chapter 7, be registered by the board as an intern, fellow or medical officer for such time
3662	3662	3652as it may subscribe if the applicant furnishes to the board with satisfactory proof that:
3663	3663	3653 (i) the applicant is at least 18 years of age and of good moral character;
3664	3664	3654 (ii)(A) the applicant has creditably completed 2 years of a premedical course of study at
3665	3665	3655an accredited college or university and not less than 3½ years of study in a legally chartered
3666	3666	3656medical school in the United States or Canada having the power to grant degrees in medicine;
3667	3667	3657(B) if not enrolled in or a graduate of a legally chartered medical school in the United States or
3668	3668	3658Canada, the applicant is the holder of a standard certificate granted after an examination by the
3669	3669	3659Education Council for Foreign Medical Graduates unless granted an exemption by the board; or
3670	3670	3660(C) the applicant has completed a minimum of 2 years of premedical education at an accredited
3671	3671	3661college or university in the United States, Canada or Puerto Rico or, if the applicant has studied
3672	3672	3662medicine in a medical school outside the United States, Canada or Puerto Rico that is recognized
3673	3673	3663by the World Health Organization, has completed all the formal requirements for the degree
3674	3674	3664corresponding to doctor of medicine, except internship and social service and has completed 1
3675	3675	3665year of clinical clerkship approved by the liaison committee on medical education of the
3676	3676	3666American Medical Association;
3677	3677	3667 (iii) the applicant has been appointed as an intern, fellow or medical officer in: (A) a
3678	3678	3668hospital or other institution of the commonwealth or a county or municipality thereof; (B) a
3679	3679	3669hospital or clinic that is incorporated under the laws of the commonwealth; (C) a clinic that is
3680	3680	3670affiliated with a hospital licensed by the department of public health under section 71 of chapter
3681	3681	3671111; (D) an outpatient clinic operated by the department of mental health; (E) the department of
3682	3682	3672public health for duty in clinics or in programs operated or approved by the department of public 170 of 276
3683	3683	3673health; or (F) programs approved by the board of registration in medicine and leading toward
3684	3684	3674certification by specialty boards recognized by the American Medical Association; or
3685	3685	3675 (iv) the applicant has applied to participate in the medical assistance program
3686	3686	3676administered by the secretary of health and human services under chapter 118E and Title XIX of
3687	3687	3677the Social Security Act and any federal demonstration or waiver relating to the medical
3688	3688	3678assistance program for the limited purpose of ordering and referring services covered under the
3689	3689	3679program if regulations governing such limited participation are promulgated under section 37 of
3690	3690	3680said chapter 118E.
3691	3691	3681 A person with a limited registration under this section may practice medicine only in: (i)
3692	3692	3682the hospital, institution, clinic or program designated on the applicant’s certificate of limited
3693	3693	3683registration or outside such hospital, institution, clinic or program under the supervision of 1 of
3694	3694	3684its medical officers who is a duly registered physician for the treatment of persons accepted by
3695	3695	3685such hospital, institution, clinic or program as patients; or (ii) any hospital, institution, clinic or
3696	3696	3686program affiliated for training purposes with the hospital, institution, clinic or program
3697	3697	3687designated on the certificate, which affiliation shall be approved by the board and pursuant to
3698	3698	3688regulations established by the hospital, institution, clinic or program. The name of the hospital,
3699	3699	3689institution, clinic or program so affiliated and so approved shall be indicated on the certificate.
3700	3700	3690Limited registration under this section may be revoked at any time by the board.
3701	3701	3691 (b) Notwithstanding this section, an internationally-trained physician who has been
3702	3702	3692licensed or otherwise authorized to practice medicine in a country other than the United States
3703	3703	3693shall be eligible to apply for a limited license to practice medicine for a 1-year term after
3704	3704	3694satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year 171 of 276
3705	3705	3695limited license shall not be renewed more than once; and provided further, that such limited
3706	3706	3696registration shall provide a pathway for the issuance of a full unrestricted license to practice
3707	3707	3697medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said
3708	3708	3698subsection (c).
3709	3709	3699 (c)(1) For the purposes of this subsection, the following words shall have the following
3710	3710	3700meanings unless the context clearly requires otherwise:
3711	3711	3701 “Commission”, the Educational Commission for Foreign Medical Graduates.
3712	3712	3702 “Internationally-trained physician”, a physician who has received a degree of doctor of
3713	3713	3703medicine or its equivalent from a legally chartered medical school outside the United States and
3714	3714	3704recognized by the World Health Organization and who has been licensed or otherwise authorized
3715	3715	3705to practice medicine in a country other than the United States and who has practiced medicine for
3716	3716	3706at least 1 year.
3717	3717	3707 “Licensing exam”, the United States Medical Licensing Examination.
3718	3718	3708 “Participating healthcare facility”, a federally-qualified health center, community health
3719	3719	3709center, hospital or other healthcare facility approved by the board that provides an assessment
3720	3720	3710and evaluation program designed to develop, assess and evaluate an internationally-trained
3721	3721	3711physician’s nonclinical skills according to criteria developed or approved by the board; provided,
3722	3722	3712that participating healthcare facility shall provide medical care in a physician shortage area.
3723	3723	3713 “Physician shortage area”, a geographic region or population in the commonwealth
3724	3724	3714experiencing a shortage of physicians, especially primary care physicians or psychiatrists,
3725	3725	3715relative to population and need; provided, however, that the health care workforce center or its 172 of 276
3726	3726	3716equivalent in the department of public health shall assist the board in determining the regions or
3727	3727	3717populations comprising a “physician shortage area”.
3728	3728	3718 (2) The board shall issue a limited license to an applicant if the participating facility and
3729	3729	3719the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally-
3730	3730	3720trained physician; (ii) has a valid certificate issued by the commission or other credential
3731	3731	3721evaluation service approved by the board; provided, however, that the board may waive such
3732	3732	3722certification if the applicant is unable to obtain the required documentation from a
3733	3733	3723noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical
3734	3734	3724Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating
3735	3735	3725facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity
3736	3736	3726with nonclinical skills and standards appropriate for medical practice in the commonwealth
3737	3737	3727according to assessment and evaluation criteria developed or approved by the board; (v) shall
3738	3738	3728enter a full-time full employment relationship with the participating facility after the board issues
3739	3739	3729a limited license to practice medicine to the applicant; and (vi) has satisfied other criteria that
3740	3740	3730may be developed by the board to implement this subsection.
3741	3741	3731 (3) An internationally-trained physician who provides the board with proof of: (i)
3742	3742	3732successful completion of the participating facility’s assessment and evaluation program; (ii) a
3743	3743	3733passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the
3744	3744	3734board may require, may apply for a renewable 2-year restricted license to practice medicine only
3745	3745	3735in a physician shortage area; provided, however, that a 2-year restricted license shall not be
3746	3746	3736renewed more than once; and provided further, that any additional prerequisites for eligibility
3747	3747	3737shall not include post-graduate clinical training and that the restricted license shall authorize the
3748	3748	3738holder to practice independently in a primary care specialty, psychiatry or other specialty as may 173 of 276
3749	3749	3739be approved by the board. After 2 years of restricted practice, the internationally-trained
3750	3750	3740physician may apply for a full, unrestricted license to practice medicine.
3751	3751	3741 SECTION 176. Said chapter 112 is hereby further amended by inserting after section 91
3752	3752	3742the following section:-
3753	3753	3743 Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a
3754	3754	3744registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i)
3755	3755	3745designated by an approved chiropractic school or college as an instructor; and (ii) the
3756	3756	3746chiropractor of record at the chiropractic facility to which a student extern is assigned.
3757	3757	3747 (b) An individual that is a current student enrolled in the final academic year at a
3758	3758	3748chiropractic school or college approved by the board may practice the full scope of chiropractic
3759	3759	3749as a student extern under the direct supervision of a preceptor chiropractor; provided, however,
3760	3760	3750that such student extern shall have: (i) completed all academic and clinical class requirements for
3761	3761	3751the degree of doctor of chiropractic from a chiropractic school or college approved by the board;
3762	3762	3752and (ii) passed not less than 3 of the 4 levels of the examinations administered by the National
3763	3763	3753Board of Chiropractic Examiners.
3764	3764	3754 (c) A student extern shall practice under the direct supervision and license of the
3765	3765	3755preceptor chiropractor and shall not sign legal documents generally signed by the preceptor
3766	3766	3756chiropractor. The board, in its discretion, may authorize a student extern to practice chiropractic
3767	3767	3757pursuant to this section at more than 1 chiropractic facility. An individual may be authorized by
3768	3768	3758the board to practice chiropractic as a student extern for not less than 4 weeks and not more than
3769	3769	375916 weeks during the student’s final academic year. 174 of 276
3770	3770	3760 SECTION 177. Section 79 of said chapter 112, as appearing in the 2022 Official Edition,
3771	3771	3761is hereby amended by adding the following 2 sentences:- The board may assess a licensed nurse
3772	3772	3762a penalty of not more than $2,000 for each violation of regulations promulgated pursuant to this
3773	3773	3763section and for each violation of any general law that governs the practice of nursing. The board,
3774	3774	3764through regulation, shall ensure that any fine levied is commensurate with the severity of the
3775	3775	3765violation.
3776	3776	3766 SECTION 178. The General Laws are hereby amended by inserting after chapter 112 the
3777	3777	3767following chapter:-
3778	3778	3768 Chapter 112A
3779	3779	3769 Nurse Licensure Compact
3780	3780	3770 Section 1. As used in this chapter, the following words shall have the following meanings
3781	3781	3771unless the context clearly requires otherwise:
3782	3782	3772 “Adverse action”, an administrative, civil, equitable or criminal action permitted by a
3783	3783	3773state’s laws which is imposed by a licensing board or other authority against a nurse, including
3784	3784	3774actions against an individual’s license or multistate licensure privilege such as revocation,
3785	3785	3775suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any
3786	3786	3776other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance
3787	3787	3777of a cease and desist action.
3788	3788	3778 “Alternative program”, a non-disciplinary monitoring program approved by a licensing
3789	3789	3779board. 175 of 276
3790	3790	3780 “Compact” or “Nurse Licensure Compact”, the legally binding agreement between party
3791	3791	3781states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact
3792	3792	3782in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance
3793	3793	3783with this chapter.
3794	3794	3784 “Coordinated licensure information system”, an integrated process for collecting, storing
3795	3795	3785and sharing information on nurse licensure and enforcement activities related to nurse licensure
3796	3796	3786laws that is administered by a nonprofit organization composed of and controlled by licensing
3797	3797	3787boards.
3798	3798	3788 “Current significant investigative information”, (i) investigative information that a
3799	3799	3789licensing board, after a preliminary inquiry that includes notification and an opportunity for the
3800	3800	3790nurse to respond, if required by state law, has reason to believe is not groundless and, if proved
3801	3801	3791true, would indicate more than a minor infraction; or (ii) investigative information that indicates
3802	3802	3792that the nurse represents an immediate threat to public health and safety regardless of whether
3803	3803	3793the nurse has been notified and had an opportunity to respond.
3804	3804	3794 “Encumbrance”, a revocation or suspension of, or any limitation on, the full and
3805	3805	3795unrestricted practice of nursing imposed by a licensing board.
3806	3806	3796 “Home state”, the party state which is the nurse’s primary state of residence.
3807	3807	3797 “Interstate commission”, the Interstate Commission of Nurse Licensure Compact
3808	3808	3798Administrators as established in section 6 of this chapter.
3809	3809	3799 “Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses. 176 of 276
3810	3810	3800 “Multistate license”, a license to practice as a registered nurse, a licensed practical or
3811	3811	3801vocational nurse issued by a home state licensing board that authorizes the licensed nurse to
3812	3812	3802practice in all party states under a multistate licensure privilege.
3813	3813	3803 “Multistate licensure privilege”, a legal authorization associated with a multistate license
3814	3814	3804permitting the practice of nursing as either a registered nurse, a licensed practical or vocational
3815	3815	3805nurse in a remote state.
3816	3816	3806 “Nurse”, a registered nurse, a licensed practical or vocational nurse, as those terms are
3817	3817	3807defined by each party state’s practice laws.
3818	3818	3808 “Party state”, the commonwealth and any other state that has adopted this compact.
3819	3819	3809 “Remote state”, a party state other than the home state.
3820	3820	3810 “Single-state license”, a nurse license issued by a party state that authorizes practice only
3821	3821	3811within the issuing state and does not include a multistate licensure privilege to practice in any
3822	3822	3812other party state.
3823	3823	3813 “State”, a state, territory or possession of the United States and the District of Columbia.
3824	3824	3814 “State practice laws”, a party state’s laws, rules and regulations that govern the practice
3825	3825	3815of nursing, define the scope of nursing practice and establish the methods and grounds for
3826	3826	3816imposing discipline; provided, however, that “State practice laws” do not include requirements
3827	3827	3817necessary to obtain and retain a license, except for qualifications or requirements of the home
3828	3828	3818state.
3829	3829	3819 Section 2. (a) A multistate license to practice as a nurse issued by a home state to a
3830	3830	3820resident in that state shall be recognized by each party state as authorizing a nurse to practice as a 177 of 276
3831	3831	3821registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in
3832	3832	3822each party state.
3833	3833	3823 (b) A state shall implement procedures for considering the criminal history records of
3834	3834	3824applicants for initial multistate license or licensure by endorsement. Such procedures shall
3835	3835	3825include the submission of fingerprints or other biometric-based information by applicants for the
3836	3836	3826purpose of obtaining an applicant’s criminal history record information from the Federal Bureau
3837	3837	3827of Investigation and the agency responsible for retaining that state’s criminal records.
3838	3838	3828 (c) Each party state shall require the following for an applicant to obtain or retain a
3839	3839	3829multistate license in the home state:
3840	3840	3830 (i) the applicant shall meets the home state’s qualifications for licensure or renewal of
3841	3841	3831licensure, as well as, all other applicable state laws;
3842	3842	3832 (ii) (A) the applicant shall have graduated or is eligible to graduate from a licensing
3843	3843	3833board-approved registered nurse or practical or vocational nurse pre-licensure education
3844	3844	3834program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse
3845	3845	3835pre-licensure education program that: (1) has been approved by the authorized accrediting body
3846	3846	3836in the applicable country; and (2) has been verified by an independent credentials review agency
3847	3847	3837to be comparable to a licensing board-approved pre-licensure education program;
3848	3848	3838 (iii) if a graduate of a foreign pre-licensure education program not taught in English or if
3849	3849	3839English is not the individual’s native language, the applicant shall have successfully passed an
3850	3850	3840English proficiency examination that includes the components of reading, speaking, writing and
3851	3851	3841listening; 178 of 276
3852	3852	3842 (iv) the applicant has successfully passed an NCLEX-RN® or NCLEX-PN®
3853	3853	3843Examination or recognized predecessor, as applicable;
3854	3854	3844 (v) the applicant is eligible for or holds an active, unencumbered license;
3855	3855	3845 (vi) the applicant has submitted, in connection with an application for initial licensure or
3856	3856	3846licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining
3857	3857	3847criminal history record information from the Federal Bureau of Investigation and the agency
3858	3858	3848responsible for retaining that state’s criminal records;
3859	3859	3849 (vii) the applicant has not been convicted or found guilty, or entered into an agreed
3860	3860	3850disposition, of a felony offense under applicable state or federal law;
3861	3861	3851 (viii) the applicant has not been convicted or found guilty, or entered into an agreed
3862	3862	3852disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-
3863	3863	3853by-case basis;
3864	3864	3854 (ix) the applicant is not currently enrolled in an alternative program;
3865	3865	3855 (x) the applicant is subject to self-disclosure requirements regarding current participation
3866	3866	3856in an alternative program; and
3867	3867	3857 (xi) the applicant has a valid United States Social Security number.
3868	3868	3858 (d) All party states shall be authorized, in accordance with existing state due process law,
3869	3869	3859to take adverse action against a nurse’s multistate licensure privilege such as revocation,
3870	3870	3860suspension, probation or any other action that affects a nurse’s authorization to practice under a
3871	3871	3861multistate licensure privilege, including cease and desist actions. If a party state takes such
3872	3872	3862action, it shall promptly notify the administrator of the coordinated licensure information system. 179 of 276
3873	3873	3863The administrator of the coordinated licensure information system shall promptly notify the
3874	3874	3864home state of any such actions by remote states.
3875	3875	3865 (e) A nurse practicing in a party state shall comply with the state practice laws of the state
3876	3876	3866in which the client is located at the time service is provided. The practice of nursing is not
3877	3877	3867limited to patient care, but shall include all nursing practice as defined by the state practice laws
3878	3878	3868of the party state in which the client is located. The practice of nursing in a party state under a
3879	3879	3869multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the
3880	3880	3870courts and the laws of the party state in which the client is located at the time service is provided.
3881	3881	3871 (f) Individuals not residing in a party state shall continue to be able to apply for a party
3882	3882	3872state’s single-state license as provided by the laws of each party state; provided, however, that
3883	3883	3873the single-state license granted to these individuals shall not be recognized as granting the
3884	3884	3874privilege to practice nursing in any other party state. Nothing in this compact shall affect the
3885	3885	3875requirements established by a party state for the issuance of a single-state license.
3886	3886	3876 (g) A nurse holding a home state multistate license on the effective date of this compact
3887	3887	3877in the commonwealth may retain and renew the multistate license issued by the nurse’s then-
3888	3888	3878current home state; provided, however, that:
3889	3889	3879 (i) a nurse who changes primary state of residence after this compact’s effective date in
3890	3890	3880the commonwealth shall meet all applicable requirements of this section to obtain a multistate
3891	3891	3881license from a new home state.
3892	3892	3882 (ii) a nurse who fails to satisfy the multistate licensure requirements of section of this
3893	3893	3883section due to a disqualifying event occurring after this compact’s effective date in the
3894	3894	3884commonwealth shall not be eligible to retain or renew a multistate license and the nurse’s 180 of 276
3895	3895	3885multistate license shall be revoked or deactivated in accordance with applicable rules adopted by
3896	3896	3886the interstate commission.
3897	3897	3887 Section 3. (a) Upon application for a multistate license, the licensing board in the issuing
3898	3898	3888party state shall ascertain, through the coordinated licensure information system, whether the
3899	3899	3889applicant has ever held, or is the holder of, a license issued by any other state, whether there are
3900	3900	3890any encumbrances on any license or multistate licensure privilege held by the applicant, whether
3901	3901	3891any adverse action has been taken against any license or multistate licensure privilege held by
3902	3902	3892the applicant and whether the applicant is currently participating in an alternative program.
3903	3903	3893 (b) A nurse may hold a multistate license, issued by the home state, in only 1 party state
3904	3904	3894at a time.
3905	3905	3895 (c) If a nurse changes primary state of residence by moving between 2 party states, the
3906	3906	3896nurse shall apply for licensure in the new home state, and the multistate license issued by the
3907	3907	3897prior home state shall be deactivated in accordance with applicable rules adopted by the
3908	3908	3898interstate commission.
3909	3909	3899 (1) The nurse may apply for licensure in advance of a change in primary state of
3910	3910	3900residence.
3911	3911	3901 (2) A multistate license shall not be issued by the new home state until the nurse provides
3912	3912	3902satisfactory evidence of a change in primary state of residence to the new home state and
3913	3913	3903satisfies all applicable requirements to obtain a multistate license from the new home state. 181 of 276
3914	3914	3904 (d) If a nurse changes primary state of residence by moving from a party state to a non-
3915	3915	3905party state, the multistate license issued by the prior home state shall convert to a single-state
3916	3916	3906license and shall be valid only in the former home state.
3917	3917	3907 Section 4. (a) In addition to the other powers conferred by state law, a licensing board
3918	3918	3908may:
3919	3919	3909 (i) take adverse action against a nurse’s multistate licensure privilege to practice within
3920	3920	3910that party state; provided however, that only the home state may to take adverse action against a
3921	3921	3911nurse’s license issued by the home state; and provided further that for purposes of taking adverse
3922	3922	3912action, the home state licensing board shall give the same priority and effect to reported conduct
3923	3923	3913received from a remote state as it would if such conduct had occurred within the home state and
3924	3924	3914in so doing, the home state shall apply its own state laws to determine appropriate action;
3925	3925	3915 (ii) issue cease and desist orders or impose an encumbrance on a nurse’s authority to
3926	3926	3916practice within that party state;
3927	3927	3917 (iii) complete any pending investigations of a nurse who changes primary state of
3928	3928	3918residence during the course of such investigations; provided however, that the licensing board
3929	3929	3919may take appropriate action and shall promptly report the conclusions of such investigations to
3930	3930	3920the administrator of the coordinated licensure information system; and provided further, that the
3931	3931	3921administrator of the coordinated licensure information system shall promptly notify the new
3932	3932	3922home state of any such actions;
3933	3933	3923 (iv) issue subpoenas for both hearings and investigations that require the attendance and
3934	3934	3924testimony of witnesses, as well as, the production of evidence; provided, however, that
3935	3935	3925subpoenas issued by a licensing board in a party state for the attendance and testimony of 182 of 276
3936	3936	3926witnesses or for the production of evidence from another party state shall be enforced in the latter
3937	3937	3927state by any court of competent jurisdiction, according to the practice and procedures of that
3938	3938	3928court applicable to subpoenas issued in proceedings pending before it; and provided further that
3939	3939	3929the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required
3940	3940	3930by the service statutes of the state in which the witnesses or evidence are located;
3941	3941	3931 (v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-
3942	3942	3932based information to the Federal Bureau of Investigation for criminal background checks,
3943	3943	3933receive the results of the Federal Bureau of Investigation record search on criminal background
3944	3944	3934checks and use the results in making licensure decisions;
3945	3945	3935 (vi) if otherwise permitted by state law, recover from the affected nurse the costs of
3946	3946	3936investigations and disposition of cases resulting from any adverse action taken against that nurse;
3947	3947	3937and
3948	3948	3938 (vii) take adverse action based on the factual findings of the remote state; provided,
3949	3949	3939however, that the licensing board follows its own procedures for taking such adverse action.
3950	3950	3940 (b) If adverse action is taken by the home state against a nurse’s multistate license, the
3951	3951	3941nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until
3952	3952	3942all encumbrances have been removed from the multistate license. All home state disciplinary
3953	3953	3943orders that impose adverse action against a nurse’s multistate license shall include a statement
3954	3954	3944that the nurse’s multistate licensure privilege is deactivated in all party states during the
3955	3955	3945pendency of the order.
3956	3956	3946 (c) Nothing in this compact shall override a party state’s decision that participation in an
3957	3957	3947alternative program may be used in lieu of adverse action. The home state licensing board shall 183 of 276
3958	3958	3948deactivate the multistate licensure privilege under the multistate license of any nurse for the
3959	3959	3949duration of the nurse’s participation in an alternative program.
3960	3960	3950 Section 5. (a) All party states shall participate in a coordinated licensure information
3961	3961	3951system of all licensed registered nurses and licensed practical or vocational nurses. This system
3962	3962	3952will include information on the licensure and disciplinary history of each nurse, as submitted by
3963	3963	3953party states, to assist in the coordination of nurse licensure and enforcement efforts.
3964	3964	3954 (b) The interstate commission, in consultation with the administrator of the coordinated
3965	3965	3955licensure information system, shall formulate necessary and proper procedures for the
3966	3966	3956identification, collection and exchange of information under this compact.
3967	3967	3957 (c) All licensing boards shall promptly report to the coordinated licensure information
3968	3968	3958system any adverse actions against a nurse, any current significant investigative information,
3969	3969	3959denials of applications with the reasons for such denials and nurse participation in alternative
3970	3970	3960programs known to the licensing board regardless of whether such participation is deemed
3971	3971	3961nonpublic or confidential under state law.
3972	3972	3962 (d) Current significant investigative information and participation in nonpublic or
3973	3973	3963confidential alternative programs shall be transmitted through the coordinated licensure
3974	3974	3964information system only to party state licensing boards.
3975	3975	3965 (e) Notwithstanding any other provision of law, all party state licensing boards
3976	3976	3966contributing information to the coordinated licensure information system may designate
3977	3977	3967information that may not be shared with non-party states or disclosed to other entities or
3978	3978	3968individuals without the express permission of the contributing state. 184 of 276
3979	3979	3969 (f) Any personally identifiable information obtained from the coordinated licensure
3980	3980	3970information system by a party state licensing board shall not be shared with non-party states or
3981	3981	3971disclosed to other entities or individuals except to the extent permitted by the laws of the party
3982	3982	3972state contributing the information.
3983	3983	3973 (g) Any information contributed to the coordinated licensure information system that is
3984	3984	3974subsequently required to be expunged by the laws of the party state contributing that information
3985	3985	3975shall also be expunged from the coordinated licensure information system.
3986	3986	3976 (h) The compact administrator of each party state shall furnish a uniform data set relative
3987	3987	3977to nurses to the compact administrator of each other party state, which shall include, at a
3988	3988	3978minimum:
3989	3989	3979 (i) identifying information;
3990	3990	3980 (ii) licensure data;
3991	3991	3981 (iii) information related to alternative program participation; and
3992	3992	3982 (iv) any other information that may facilitate the administration of this compact as
3993	3993	3983determined by interstate commission rules.
3994	3994	3984 The compact administrator of a party state shall provide all investigative documents and
3995	3995	3985information requested by another party state.
3996	3996	3986 Section 6. (a) The party states hereby create and establish a joint public entity known as
3997	3997	3987the Interstate Commission of Nurse Licensure Compact Administrators which shall be an
3998	3998	3988instrumentality of the party states. 185 of 276
3999	3999	3989 Venue is proper and judicial proceedings by or against the interstate commission shall be
4000	4000	3990brought solely and exclusively, in a court of competent jurisdiction where the principal office of
4001	4001	3991the interstate commission is located; provided, however, thatthe interstate commission may
4002	4002	3992waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in
4003	4003	3993alternative dispute resolution proceedings.
4004	4004	3994 Nothing in this compact shall be construed to be a waiver of sovereign immunity.
4005	4005	3995 (b)(1) Each party state shall have only 1administrator. The head of the state licensing
4006	4006	3996board or designee shall be the administrator of this compact for each party state. Any
4007	4007	3997administrator may be removed or suspended from office as provided by the law of the state from
4008	4008	3998which the administrator is appointed. Any vacancy occurring in the interstate commission shall
4009	4009	3999be filled in accordance with the laws of the party state in which the vacancy exists.
4010	4010	4000 (2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules
4011	4011	4001and creation of by-laws and shall otherwise have an opportunity to participate in the business and
4012	4012	4002affairs of the interstate commission. An administrator shall vote in person or by such other means
4013	4013	4003as provided in the by-laws. The by-laws may provide for an administrator’s participation in
4014	4014	4004meetings by telephone or other means of communication.
4015	4015	4005 (3) The interstate commission shall meet at least once during each calendar year.
4016	4016	4006Additional meetings shall be held as set forth in the by-laws or rules of the interstate
4017	4017	4007commission.
4018	4018	4008 (4) All meetings shall be open to the public and public notice of meetings shall be given
4019	4019	4009in the same manner as required under any rules promulgated under section 7. 186 of 276
4020	4020	4010 (5) The interstate commission may convene in a closed, nonpublic meeting if the subject
4021	4021	4011of the meeting before the interstate commission is in regard to:
4022	4022	4012 (i) noncompliance of a party state with its obligations under this compact;
4023	4023	4013 (ii) the employment, compensation, discipline or other personnel matters, practices or
4024	4024	4014procedures related to specific employees or other matters related to the interstate commission’s
4025	4025	4015internal personnel practices and procedures;
4026	4026	4016 (iii) current, threatened or reasonably anticipated litigation;
4027	4027	4017 (iv) negotiation of contracts for the purchase or sale of goods, services or real estate;
4028	4028	4018 (v) accusing any person of a crime or formally censuring any person;
4029	4029	4019 (vi) disclosure of trade secrets or commercial or financial information that is privileged or
4030	4030	4020confidential;
4031	4031	4021 (vii) disclosure of information of a personal nature where disclosure would constitute a
4032	4032	4022clearly unwarranted invasion of personal privacy;
4033	4033	4023 (viii) disclosure of investigatory records compiled for law enforcement purposes;
4034	4034	4024 (ix) disclosure of information related to any reports prepared by or on behalf of the
4035	4035	4025interstate commission for the purpose of investigation of compliance with this compact; or
4036	4036	4026 (x) matters specifically exempted from disclosure by federal or state statute.
4037	4037	4027 (6) If a meeting, or portion of a meeting, is closed pursuant to this section, the interstate
4038	4038	4028commission’s legal counsel or designee shall certify that the meeting may be closed and shall 187 of 276
4039	4039	4029reference each relevant exempting provision. The interstate commission shall keep minutes that
4040	4040	4030fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate
4041	4041	4031summary of actions taken, and the reasons therefor, including a description of the views
4042	4042	4032expressed. All documents considered in connection with an action shall be identified in such
4043	4043	4033minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
4044	4044	4034release by a majority vote of the interstate commission or on order of a court of competent
4045	4045	4035jurisdiction.
4046	4046	4036 (c) The interstate commission shall, by a majority vote of the administrators, prescribe
4047	4047	4037by-laws or rules to govern its conduct as may be necessary or appropriate to carry out the
4048	4048	4038purposes and exercise the powers of this compact including, but not limited to:
4049	4049	4039 (i) establishing the fiscal year of the interstate commission;
4050	4050	4040 (ii) providing reasonable standards and procedures for:
4051	4051	4041 (A) the establishment and meetings of other committees; and
4052	4052	4042 (B) governing any general or specific delegation of any authority or function of the
4053	4053	4043interstate commission;
4054	4054	4044 (iii) providing reasonable procedures for calling and conducting meetings of the interstate
4055	4055	4045commission with reasonable advance notice of all meetings and providing an opportunity for
4056	4056	4046attendance of such meetings by interested parties, with enumerated exceptions designed to
4057	4057	4047protect the public’s interest, the privacy of individuals, and proprietary information, including
4058	4058	4048trade secrets; provided, however, that the interstate commission may meet in closed session only
4059	4059	4049after a majority of the administrators vote to close a meeting in whole or in part. As soon as 188 of 276
4060	4060	4050practicable, the interstate commission shall make public a copy of the vote to close the meeting,
4061	4061	4051revealing the vote of each administrator, with no proxy votes allowed;
4062	4062	4052 (iv) establishing the titles, duties and authority and reasonable procedures for the election
4063	4063	4053of the officers of the interstate commission;
4064	4064	4054 (v) providing reasonable standards and procedures for the establishment of the personnel
4065	4065	4055policies and programs of the interstate commission; provided, however, that notwithstanding any
4066	4066	4056civil service or other similar laws of any party state, the by-laws shall exclusively govern the
4067	4067	4057personnel policies and programs of the interstate commission; and
4068	4068	4058 (vi) providing a mechanism for winding up the operations of the interstate commission
4069	4069	4059and the equitable disposition of any surplus funds that may exist after the termination of this
4070	4070	4060compact after the payment or reserving of all of its debts and obligations.
4071	4071	4061 (d) The interstate commission shall publish its by-laws and rules and any amendments
4072	4072	4062thereto in a convenient form on its website.
4073	4073	4063 (e) The interstate commission shall maintain its financial records in accordance with the
4074	4074	4064bylaws.
4075	4075	4065 (f) The interstate commission shall meet and take such actions as are consistent with this
4076	4076	4066compact and the by-laws.
4077	4077	4067 (g) The interstate commission may:
4078	4078	4068 (i) promulgate uniform rules to facilitate and coordinate implementation and
4079	4079	4069administration of this compact; provided, however, that such rules shall have the force and effect
4080	4080	4070of law and shall be binding in all party states; 189 of 276
4081	4081	4071 (ii) bring and prosecute legal proceedings or actions in the name of the interstate
4082	4082	4072commission, provided that the standing of any licensing board to sue or be sued under applicable
4083	4083	4073law shall not be affected;
4084	4084	4074 (iii) purchase and maintain insurance and bonds;
4085	4085	4075 (iv) borrow, accept or contract for services of personnel including, but not limited to,
4086	4086	4076employees of a party state or nonprofit organizations;
4087	4087	4077 (v) cooperate with other organizations that administer state compacts related to the
4088	4088	4078regulation of nursing including, but not limited to, sharing administrative or staff expenses,
4089	4089	4079office space or other resources;
4090	4090	4080 (vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such
4091	4091	4081individuals appropriate authority to carry out the purposes of this compact and establish the
4092	4092	4082interstate commission’s personnel policies and programs relating to conflicts of interest,
4093	4093	4083qualifications of personnel and other related personnel matters;
4094	4094	4084 (vii) accept all appropriate donations, grants and gifts of money, equipment, supplies,
4095	4095	4085materials and services and to receive, utilize and dispose of the same; provided, however, that the
4096	4096	4086interstate commission shall avoid any appearance of impropriety or conflict of interest;
4097	4097	4087 (viii) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
4098	4098	4088improve or use, any property, whether real, personal or mixed; provided, however, that the
4099	4099	4089interstate commission shall avoid any appearance of impropriety;
4100	4100	4090 (ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
4101	4101	4091property, whether real, personal or mixed; 190 of 276
4102	4102	4092 (x) establish a budget and make expenditures;
4103	4103	4093 (xi) borrow money;
4104	4104	4094 (xii) appoint committees, including advisory committees comprised of administrators,
4105	4105	4095state nursing regulators, state legislators or their representatives and consumer representatives
4106	4106	4096and other such interested persons;
4107	4107	4097 (xiii) provide and receive information from, and to cooperate with, law enforcement
4108	4108	4098agencies;
4109	4109	4099 (xiv) adopt and use an official seal; and
4110	4110	4100 (xv) perform such other functions as may be necessary or appropriate to achieve the
4111	4111	4101purposes of this compact consistent with the state regulation of nurse licensure and practice.
4112	4112	4102 (h)(1) The interstate commission shall pay or provide for the payment of the reasonable
4113	4113	4103expenses of its establishment, organization and ongoing activities.
4114	4114	4104 (2) The interstate commission may levy on and collect an annual assessment from each
4115	4115	4105party state to cover the cost of its operations, activities and staff in its annual budget as approved
4116	4116	4106each year. The aggregate annual assessment amount, if any, shall be allocated based upon a
4117	4117	4107formula to be determined by the interstate commission, by regulations which shall be binding
4118	4118	4108upon all party states.
4119	4119	4109 (3) The interstate commission shall not incur obligations of any kind prior to securing the
4120	4120	4110funds adequate to meet the same. The interstate commission shall not pledge the credit of any of
4121	4121	4111the party states, except by and with the authority of such party state. 191 of 276
4122	4122	4112 (4) The interstate commission shall keep accurate accounts of all receipts and
4123	4123	4113disbursements. The receipts and disbursements of the interstate commission shall be subject to
4124	4124	4114the audit and accounting procedures established in its by-laws. all receipts and disbursements of
4125	4125	4115funds handled by the interstate commission shall be audited yearly by a certified or licensed
4126	4126	4116public accountant and a report of the audit shall be included in and become part of the annual
4127	4127	4117report of the interstate commission.
4128	4128	4118 (i) (1) The administrators, officers, executive director, employees and representatives of
4129	4129	4119the interstate commission shall be immune from suit and liability, either personally or in their
4130	4130	4120official capacity, for any claim for damage to or loss of property or personal injury or other civil
4131	4131	4121liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
4132	4132	4122that the person against whom the claim is made had a reasonable basis for believing that any
4133	4133	4123such actual or alleged act, error or omission had occurred, within the scope of interstate
4134	4134	4124commission employment, duties or responsibilities. Nothing in this paragraph shall provide
4135	4135	4125immunity toany such person for any damage, loss, injury or liability caused by the intentional,
4136	4136	4126willful or wanton misconduct of such person.
4137	4137	4127 (2) The interstate commission shall defend any administrator, officer, executive director,
4138	4138	4128employee or representative of the interstate commission in any civil action seeking to impose
4139	4139	4129liability arising out of any actual or alleged act, error or omission that occurred within the scope
4140	4140	4130of interstate commission employment, duties or responsibilities or that the person against whom
4141	4141	4131the claim is made had a reasonable basis for believing any such actual or alleged act, error or
4142	4142	4132omission had occurred within the scope of interstate commission employment, duties or
4143	4143	4133responsibilities and the actual or alleged act, error or omission did not result from that person’s 192 of 276
4144	4144	4134intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from
4145	4145	4135retaining counsel at such person’s own expense.
4146	4146	4136 (3) The interstate commission shall indemnify and hold harmless any administrator,
4147	4147	4137officer, executive director, employee or representative of the interstate commission for the
4148	4148	4138amount of any settlement or judgment obtained against that person arising out of any actual or
4149	4149	4139alleged act, error or omission that occurred within the scope of interstate commission
4150	4150	4140employment, duties or responsibilities, or that such person had a reasonable basis for believing
4151	4151	4141occurred within the scope of interstate commission employment, duties or responsibilities,
4152	4152	4142provided that the actual or alleged act, error or omission did not result from the intentional,
4153	4153	4143willful or wanton misconduct of that person.
4154	4154	4144 Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to
4155	4155	4145the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall
4156	4156	4146become binding as of the date specified in each rule or amendment and shall have the same force
4157	4157	4147and effect as provisions in this compact.
4158	4158	4148 (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
4159	4159	4149the interstate commission.
4160	4160	4150 (c) Prior to promulgation and adoption of a final rule by the interstate commission,and at
4161	4161	4151least 60 days in advance of the meeting at which any such rule will be considered and voted
4162	4162	4152upon, the interstate commission shall file a notice of proposed rulemaking on the website of:
4163	4163	4153 (i) the interstate commission; and 193 of 276
4164	4164	4154 (ii) each licensing board or the publication in which each state would otherwise publish
4165	4165	4155proposed rules.
4166	4166	4156 (d) The notice of proposed rulemaking shall include:
4167	4167	4157 (i) the proposed time, date and location of the meeting in which the rule will be
4168	4168	4158considered and voted upon;
4169	4169	4159 (ii) the text of the proposed rule or amendment and the reason therefor;
4170	4170	4160 (iii) a request for comments on the proposed rule from any interested person; and
4171	4171	4161 (iv) the manner in which interested persons may submit notice to the interstate
4172	4172	4162commission of their intention to attend the public hearing and any written comments.
4173	4173	4163 (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to
4174	4174	4164submit written data, facts, opinions and arguments which shall be made available to the public.
4175	4175	4165 (f) The interstate commission shall grant an opportunity for a public hearing before it
4176	4176	4166adopts a rule or amendment.
4177	4177	4167 (g) The interstate commission shall publish the place, time and date of the scheduled
4178	4178	4168public hearing.
4179	4179	4169 (1) Hearings shall be conducted in a manner providing each person who wishes to
4180	4180	4170comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be
4181	4181	4171recorded and a copy of such recording shall be made available upon request.
4182	4182	4172 (2) Nothing in this section shall require a separate hearing on each rule. Rules may be
4183	4183	4173grouped for the convenience of the interstate commission at hearings required by this section. 194 of 276
4184	4184	4174 (h) If no person appears at the public hearing, the interstate commission may proceed
4185	4185	4175with promulgation of the proposed rule.
4186	4186	4176 (i) Following the scheduled hearing date or by the close of business on the scheduled
4187	4187	4177hearing date if the hearing was not held, the interstate commission shall consider all written and
4188	4188	4178oral comments received.
4189	4189	4179 (j) The interstate commission shall, by majority vote of all administrators, take final
4190	4190	4180action on the proposed rule and shall determine the effective date of the rule based on the
4191	4191	4181rulemaking record and the full text of the rule.
4192	4192	4182 (k) Upon determination that an emergency exists, the interstate commission may consider
4193	4193	4183and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided,
4194	4194	4184however, that the usual rulemaking procedures provided herein shall be retroactively applied to
4195	4195	4185the rule as soon as reasonably possible but not later than 90 days after the effective date of the
4196	4196	4186rule. For the purposes of this subsection, an emergency rule is one that requires adoption
4197	4197	4187immediately to:
4198	4198	4188 (i) meet an imminent threat to public health, safety or welfare;
4199	4199	4189 (ii) prevent a loss of interstate commission or party state funds; or
4200	4200	4190 (iii) meet a deadline for the promulgation of an administrative rule that is required by
4201	4201	4191federal law.
4202	4202	4192 (l) The interstate commission may direct revisions to a previously adopted rule or
4203	4203	4193amendment for purposes of correcting typographical errors, errors in format, errors in
4204	4204	4194consistency and grammatical errors. Public notice of any revisions shall be posted on the website 195 of 276
4205	4205	4195of the interstate commission. The revision shall be subject to challenge by any person for a
4206	4206	4196period of 30 days after posting. The revision may be challenged only on grounds that the revision
4207	4207	4197results in a material change to a rule. A challenge shall be made in writing and delivered to the
4208	4208	4198interstate commission prior to the end of the notice period. If no challenge is made, the revision
4209	4209	4199shall take effect without further action. If the revision is challenged, the revision shall not take
4210	4210	4200effect without the approval of the interstate commission.
4211	4211	4201 Section 8. (a)(1) Each party state shall enforce this compact and take all actions necessary
4212	4212	4202and appropriate to effectuate this compact’s purposes and intent.
4213	4213	4203 (2) The interstate commission may receive service of process in any proceeding that may
4214	4214	4204affect its powers, responsibilities or actions of the interstate commission and shall have standing
4215	4215	4205to intervene in such a proceeding for all purposes. Failure to provide service of process in such
4216	4216	4206proceeding to the interstate commission shall render a judgment or order void as to the interstate
4217	4217	4207commission, this compact or any rules promulgated hereunder.
4218	4218	4208 (b)(1) If the interstate commission determines that a party state has defaulted in the
4219	4219	4209performance of its obligations or responsibilities under this compact or the promulgated rules,
4220	4220	4210the interstate commission shall:
4221	4221	4211 (i) provide written notice to the defaulting state and other party states of the nature of the
4222	4222	4212default, the proposed means of curing the default or any other action to be taken by the interstate
4223	4223	4213commission; and
4224	4224	4214 (ii) provide remedial training and specific technical assistance regarding the default. 196 of 276
4225	4225	4215 (2) If a state in default fails to cure the default, the defaulting state’s membership in this
4226	4226	4216compact may be terminated upon an affirmative vote of a majority of the administrators and all
4227	4227	4217rights, privileges and benefits conferred by this compact may be terminated on the date cited;
4228	4228	4218provided, however, that a cure of the default shall not relieve the offending state of obligations or
4229	4229	4219liabilities incurred during the period of default.
4230	4230	4220 (3) Termination of membership in this compact shall be imposed only after all other
4231	4231	4221means of securing compliance have been exhausted. Notice of intent to suspend or terminate
4232	4232	4222shall be given by the interstate commission to the governor of the defaulting state and to the
4233	4233	4223executive officer of the defaulting state’s licensing board and each of the party states.
4234	4234	4224 (4) A state whose membership in this compact has been terminated is responsible for all
4235	4235	4225assessments, obligations and liabilities incurred through the effective date of termination,
4236	4236	4226including obligations that extend beyond the effective date of termination.
4237	4237	4227 (5) The interstate commission shall not bear any costs related to a state that is found to be
4238	4238	4228in default or whose membership in this compact has been terminated unless agreed upon in
4239	4239	4229writing between the interstate commission and the defaulting state.
4240	4240	4230 (6) The defaulting state may appeal the action of the interstate commission by petitioning
4241	4241	4231the United States District Court for the District of Columbia or the federal district in which the
4242	4242	4232interstate commission has its principal offices. The prevailing party shall be awarded all costs of
4243	4243	4233such litigation, including reasonable attorneys’ fees.
4244	4244	4234 (c)(1) Upon request by a party state, the interstate commission shall attempt to resolve
4245	4245	4235disputes related to the compact that arise among party states and between party and nonparty
4246	4246	4236states. 197 of 276
4247	4247	4237 (2) The interstate commission shall promulgate rules providing for mediation and binding
4248	4248	4238dispute resolution for disputes, as appropriate.
4249	4249	4239 (3) If the interstate commission cannot resolve disputes among party states arising under
4250	4250	4240this compact:
4251	4251	4241 (i) the party states may submit the issues in dispute to an arbitration panel, which shall be
4252	4252	4242comprised of individuals appointed by the compact administrator in each of the affected party
4253	4253	4243states and an individual mutually agreed upon by the compact administrators of all the party
4254	4254	4244states involved in the dispute; and
4255	4255	4245 (ii) the decision of a majority of the arbitrators shall be final and binding.
4256	4256	4246 (d)(1) The interstate commission, in the reasonable exercise of its discretion, shall
4257	4257	4247enforce this compact.
4258	4258	4248 (2) By majority vote, the interstate commission may initiate legal action in the United
4259	4259	4249States District Court for the District of Columbia or the federal district in which the interstate
4260	4260	4250commission has its principal offices against a party state that is in default to enforce compliance
4261	4261	4251with this compact and any rules and by-laws promulgated hereunder. The relief sought may
4262	4262	4252include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing
4263	4263	4253party shall be awarded all costs of litigation, including reasonable attorneys’ fees.
4264	4264	4254 (3) The remedies herein shall not be the exclusive remedies of the interstate commission.
4265	4265	4255The interstate commission may pursue any other remedies available under federal or state law.
4266	4266	4256 Section 9. (a) This compact shall become effective and binding on the earlier of the date
4267	4267	4257of legislative enactment of this compact into law by not less than 26 states or December 31, 198 of 276
4268	4268	42582018. All party states to this compact that were also were parties to the prior Nurse Licensure
4269	4269	4259Compact, superseded by this compact, shall be deemed to have withdrawn from the prior
4270	4270	4260compact within 6 months after the effective date of this compact.
4271	4271	4261 (b) Each party state to this compact shall continue to recognize a nurse’s multistate
4272	4272	4262licensure privilege to practice in that party state issued under the prior compact until such party
4273	4273	4263state has withdrawn from the prior compact.
4274	4274	4264 (c) Any party state may withdraw from this compact by enacting a law repealing the
4275	4275	4265same. A party state’s withdrawal shall not take effect until 6 months after enactment of the
4276	4276	4266repealing statute.
4277	4277	4267 (d) A party state’s withdrawal or termination shall not affect the continuing requirement
4278	4278	4268of the withdrawing or terminated state’s licensing board to report adverse actions and significant
4279	4279	4269investigations occurring prior to the effective date of such withdrawal or termination.
4280	4280	4270 (e) Nothing contained in this compact shall be construed to invalidate or prevent any
4281	4281	4271nurse licensure agreement or other cooperative arrangement between a party state and a non-
4282	4282	4272party state that is made in accordance with the other provisions of this compact.
4283	4283	4273 (f) This compact may be amended by the party states. No amendment to this compact
4284	4284	4274shall become effective and binding upon the party states unless it is enacted into the laws of all
4285	4285	4275party states.
4286	4286	4276 (g) Representatives of nonparty states to this compact shall be invited to participate in the
4287	4287	4277activities of the interstate commission, on a nonvoting basis, prior to the adoption of this
4288	4288	4278compact by all states. 199 of 276
4289	4289	4279 Section 10. This compact shall be liberally construed to effectuate its purposes. The
4290	4290	4280provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
4291	4291	4281this compact is declared to be contrary to the constitution of any party state or of the United
4292	4292	4282States or if the applicability thereof to any government, agency, person or circumstance is held to
4293	4293	4283be invalid, the validity of the remainder of this compact and the applicability thereof to any
4294	4294	4284government, agency, person or circumstance shall not be affected thereby. If this compact shall
4295	4295	4285be held to be contrary to the constitution of any party state, this compact shall remain in full
4296	4296	4286force and effect as to the remaining party states and in full force and effect as to the party state
4297	4297	4287affected as to all severable matters.
4298	4298	4288 Section 11. The executive director of the board of registration in nursing or a designee
4299	4299	4289threreof shall be the administrator of the nurse licensure compact for the commonwealth.
4300	4300	4290 Section 12. The board of registration in nursing shall adopt regulations in the same
4301	4301	4291manner as all other with states legally joining in the compact and may adopt additional
4302	4302	4292regulations as necessary to implement this chapter.
4303	4303	4293 Section 13. The board of registration in nursing may recover from a nurse the costs of
4304	4304	4294investigation and disposition of cases resulting in any adverse disciplinary action taken against
4305	4305	4295that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be
4306	4306	4296deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter
4307	4307	429710.
4308	4308	4298 Section 14. The board of registration in nursing may take disciplinary action against the
4309	4309	4299practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in 200 of 276
4310	4310	4300the commonwealth under a license issued by the party state. The board’s disciplinary action may
4311	4311	4301be based on disciplinary action against the nurse’s license taken by the nurse’s home state.
4312	4312	4302 Section 15. In reporting information to the coordinated licensure information system
4313	4313	4303under section 8 related to the nurse licensure compact, the board of registration in nursing may
4314	4314	4304disclose personally identifiable information about the nurse, including social security number.
4315	4315	4305 Section 16. Nothing in this chapter, including the entrance of the commonwealth into the
4316	4316	4306nurse licensure compact, shall supersede existing labor laws.
4317	4317	4307 Section 17. The commonwealth, its officers and employees, and the board of registration
4318	4318	4308in nursing and its agents who act in accordance with this chapter shall not be liable for any act or
4319	4319	4309omission in good faith while engaged in the performance of their duties under this chapter. Good
4320	4320	4310faith shall not include willful misconduct, gross negligence or recklessness.
4321	4321	4311 Section 18. As part of the licensure and background check process for a multistate license
4322	4322	4312and to determine the suitability of an applicant for multistate licensure, the board of registration
4323	4323	4313in nursing, prior to issuing any such multistate license, shall conduct a fingerprint-based check of
4324	4324	4314the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law
4325	4325	431592-544.
4326	4326	4316 Fingerprints shall be submitted to the identification section of the department of state
4327	4327	4317police for a state criminal history check and forwarded to the Federal Bureau of Investigation for
4328	4328	4318a national criminal history check, according to the policies and procedures established by the
4329	4329	4319state identification section and by the department of criminal justice information services.
4330	4330	4320Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state
4331	4331	4321identification section and the department of criminal justice information services for requests 201 of 276
4332	4332	4322submitted by the board of registration in nursing as authorized in this section to ensure the
4333	4333	4323continued suitability of these individuals for licensure. The department of criminal justice
4334	4334	4324information services may disseminate the results of the state and national criminal background
4335	4335	4325checks to the executive director of the board of registration in nursing and authorized staff of the
4336	4336	4326board.
4337	4337	4327 All applicants shall pay a fee to be established by the secretary of administration and
4338	4338	4328finance, in consultation with the secretary of public safety, to offset the costs of operating and
4339	4339	4329administering a fingerprint-based criminal background check system. The secretary of
4340	4340	4330administration and finance, in consultation with the secretary of public safety, may increase the
4341	4341	4331fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check
4342	4342	4332service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited
4343	4343	4333into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of
4344	4344	4334chapter 29.
4345	4345	4335 The board of registration in nursing may receive all criminal offender record information
4346	4346	4336and the results of checks of state and national criminal history databases under Public Law 92-
4347	4347	4337544. When the board of registration in nursing obtains the results of checks of state and national
4348	4348	4338criminal history databases, it shall treat the information according to sections 167 to 178,
4349	4349	4339inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record
4350	4350	4340information.
4351	4351	4341 Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of
4352	4352	4342registration in nursing receives criminal record information from the state or national fingerprint-
4353	4353	4343based criminal background checks that includes no disposition or is otherwise incomplete, the 202 of 276
4354	4354	4344agency head may request that an applicant for licensure provide additional information regarding
4355	4355	4345the results of the criminal background checks to assist the agency head in determining the
4356	4356	4346applicant’s suitability for licensure.
4357	4357	4347 SECTION 179. Section 52 of chapter 119 of the General Laws, as appearing in the 2022
4358	4358	4348Official Edition, is hereby amended by striking out, in line 5, the figure “18” and inserting in
4359	4359	4349place thereof the following words:- the age of criminal majority.
4360	4360	4350 SECTION 180. Said section 52 of said chapter 119, as so appearing, is hereby amended
4361	4361	4351by striking out, in line 19, the figure “18” and inserting in place thereof the following words:- the
4362	4362	4352age of criminal majority.
4363	4363	4353 SECTION 181. Section 54 of said chapter 119, as so appearing, is hereby amended by
4364	4364	4354striking out, in line 2, the words “18 years of age” and inserting in place thereof the following
4365	4365	4355words:- the age of criminal majority.
4366	4366	4356 SECTION 182. Said section 54 of said chapter 119, as so appearing, is hereby further
4367	4367	4357amended by striking out, in line 21, the figure “18” and inserting in place thereof the following
4368	4368	4358words:- the age of criminal majority.
4369	4369	4359 SECTION 183. Section 58 of said chapter 119, as so appearing, is hereby amended by
4370	4370	4360striking out, in lines 8 to 12, inclusive, the words “that any such probation may be imposed until
4371	4371	4361such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of
4372	4372	4362after he has attained his eighteenth birthday or age 20 in the case of a child whose case is
4373	4373	4363disposed of after he attains his nineteenth birthday” and inserting in place thereof the following
4374	4374	4364words:- that any such probation may, in the case of an offense that occurred prior to the child’s
4375	4375	4365eighteenth birthday, be imposed until such child reaches age 18 or 19 in the case of a child 203 of 276
4376	4376	4366whose case is disposed of after the child has attained the child’s eighteenth birthday or age 20 in
4377	4377	4367the case of a child whose case is disposed of after the child attains the child’s nineteenth
4378	4378	4368birthday. In the case of an offense that occurred on or after the child’s eighteenth birthday, such
4379	4379	4369probation may be imposed until such child reaches age 19 or age 20 in the case of a child whose
4380	4380	4370case is disposed of after the child has attained the child’s nineteenth birthday, or age 21 in the
4381	4381	4371case of a child whose case is disposed of after the child attains the child’s twentieth birthday.
4382	4382	4372 SECTION 184. Said section 58 of said chapter 119, as so appearing, is hereby further
4383	4383	4373amended by inserting after the word “eighteen”, in lines 26 and 27, the following words:- in a
4384	4384	4374case where the offense occurred prior to the child’s eighteenth birthday.
4385	4385	4375 SECTION 185. Said section 58 of said chapter 119, as so appearing, is hereby further
4386	4386	4376amended by inserting after the word “birthday”, in lines 29 and 30, the following words:- In a
4387	4387	4377case where the offense occurred on or after the child’s eighteenth birthday, the probationary or
4388	4388	4378commitment period shall not be for a period longer than until such child attains the age of 19.
4389	4389	4379 SECTION 186. Said section 58 of said chapter 119, as so appearing, is hereby amended
4390	4390	4380by inserting after the word “twenty-one”, in line 38, the following words:- in a case where the
4391	4391	4381offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of 23 in the
4392	4392	4382case of a child whose offense occurred on or after the child’s eighteenth birthday.
4393	4393	4383 SECTION 187. Said section 58 of said chapter 119, as so appearing, is hereby further
4394	4394	4384amended by inserting after the word “twenty-one”, in line 54, the following words:- in a case
4395	4395	4385where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of
4396	4396	438623 in the case of a child whose offense occurred on or after the child’s eighteenth birthday. 204 of 276
4397	4397	4387 SECTION 188. Said section 58 of said chapter 119, as so appearing, is hereby amended
4398	4398	4388by inserting after the word “ twenty-one”, in line 48, the following words:- in a case where the
4399	4399	4389offense occurred prior to the child’s eighteenth birthday, or until the age of 23 in the case of a
4400	4400	4390child whose offense occurred on or after the child’s eighteenth birthday.
4401	4401	4391 SECTION 189. Said section 58 of said chapter 119, as so appearing, is hereby amended
4402	4402	4392by inserting after the words “twenty-one”, in line 54, the following words:- in a case where the
4403	4403	4393offense occurred prior to the child’s eighteenth birthday or until the child reaches the age of 23 in
4404	4404	4394the case of a child whose offense occurred on or after the child’s eighteenth birthday.
4405	4405	4395 SECTION 190. Said section 58 of said chapter 119, as so appearing, is hereby further
4406	4406	4396amended by striking out, in line 79, the word “eighteenth” and inserting in place thereof the
4407	4407	4397following words:- twenty-first.
4408	4408	4398 SECTION 191. Said section 58 of said chapter 119, as so appearing, is hereby further
4409	4409	4399amended by striking out, in lines 78 and 79, the words “the Massachusetts Correctional
4410	4410	4400Institution, Cedar Junction, prior to his eighteenth birthday” and inserting in place thereof the
4411	4411	4401following words:- any prison owned, operated, administered or subject to the control of the
4412	4412	4402department of correction including, but not limited to: Massachusetts Correctional Institution,
4413	4413	4403Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional
4414	4414	4404Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts
4415	4415	4405Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Plymouth;
4416	4416	4406Massachusetts Correctional Institution, Warwick; and Massachusetts Correctional Institution,
4417	4417	4407Monroe, prior to his twenty-first birthday. 205 of 276
4418	4418	4408 SECTION 192. Said section 58 of said chapter 119, as so appearing, is hereby further
4419	4419	4409amended by striking out, in lines 97 to 99, inclusive, the words “until such child attains his
4420	4420	4410eighteenth birthday or his nineteenth birthday in the case of a child whose case is disposed of
4421	4421	4411after he has attained his eighteenth birthday” and inserting the following words:- until such child
4422	4422	4412attains their nineteenth birthday or their twentieth birthday in the case of a child whose case is
4423	4423	4413disposed of after they have attained their nineteenth birthday.
4424	4424	4414 SECTION 193. Section 60A of chapter 119 of the General Laws, as so appearing, is
4425	4425	4415hereby amended by striking out, in line 17, the words “his fourteenth and eighteenth birthdays”
4426	4426	4416and inserting in place thereof the following words:- the child’s fourteenth birthday and the child
4427	4427	4417attaining the age of criminal majority.
4428	4428	4418 SECTION 194. Said section 60A of said chapter 119, as so appearing, is hereby further
4429	4429	4419amended by striking out, in line 20, the words, “been age 18 older” and inserting in place thereof
4430	4430	4420the following words:- attained the age of criminal majority.
4431	4431	4421 SECTION 195. Said section 60A of said chapter 119, as so appearing, is hereby further
4432	4432	4422amended by striking out, in line 22, the words “were age 18 or older” and inserting in place
4433	4433	4423thereof the following words:- attained the age of criminal majority.
4434	4434	4424 SECTION 196. Section 63A of said chapter 119, as so appearing, is hereby amended by
4435	4435	4425striking out, in line 1, the words “is 19 years of age” and inserting in place thereof the following
4436	4436	4426words:- attained the age of criminal majority.
4437	4437	4427 SECTION 197. Said section 63A of said chapter 119, as so appearing, is hereby further
4438	4438	4428amended by striking out, in line 2, the figure “18” and inserting in place thereof the following
4439	4439	4429words:- criminal majority. 206 of 276
4440	4440	4430 SECTION 198. Section 65 of chapter 119, as so appearing, is hereby amended by striking
4441	4441	4431out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the
4442	4442	4432age of criminal majority.
4443	4443	4433 SECTION 200. Section 66 of said chapter 119, as so appearing, is hereby amended by
4444	4444	4434striking out in lines 3 and 5 the words “18 years of age” and inserting in place thereof, in each
4445	4445	4435instance, the following words:- the age of criminal majority.
4446	4446	4436 SECTION 201. Section 67 of said chapter 119, as so appearing, is hereby amended by
4447	4447	4437striking out, in the words “18 years of age”, each time they appear, and inserting in place thereof
4448	4448	4438the following words:- the age of criminal majority.
4449	4449	4439 SECTION 202. Section 68 of said chapter 119, as so appearing, is hereby amended by
4450	4450	4440striking out, in line 2, the figure “18” and inserting in place thereof the following words:-
4451	4451	4441criminal majority.
4452	4452	4442 SECTION 203. Said section 68 of said chapter 119, as so appearing, is hereby further
4453	4453	4443amended by striking out in line 34, the words “18 years of age” and inserting in place thereof the
4454	4454	4444following words:- the age of criminal majority.
4455	4455	4445 SECTION 204. Section 68A of said chapter 119, as so appearing, is hereby amended by
4456	4456	4446striking out, in line 1, the words “18 years of age” and inserting in place thereof the following
4457	4457	4447words:- the age of criminal majority.
4458	4458	4448 SECTION 205. Section 70 of said chapter 119, as so appearing, is hereby amended by
4459	4459	4449striking out, in line 2, the words “18 years of age” and inserting in place thereof the following
4460	4460	4450words:- the age of criminal majority. 207 of 276
4461	4461	4451 SECTION 206. Section 72 of said chapter 119, as so appearing, is hereby amended by
4462	4462	4452striking out in lines 2 and 3 the words “their eighteenth birthday” and inserting in place thereof
4463	4463	4453the following words:- the age of criminal majority.
4464	4464	4454 SECTION 207. Said section 72 of said chapter 119, as so appearing, is hereby further
4465	4465	4455amended by striking out, in line 9, the word “twentieth” and inserting in place thereof the
4466	4466	4456following words:- twenty-first.
4467	4467	4457 SECTION 208. Said section 72 of said chapter 119, as so appearing, is hereby further
4468	4468	4458amended by striking out, in lines 10 to 15, inclusive, the words “ prior to his eighteenth birthday,
4469	4469	4459and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court
4470	4470	4460shall deal with such child in the same manner as if he has not attained his eighteenth birthday and
4471	4471	4461all provisions and rights applicable to a child under 18 shall apply to such child” and inserting in
4472	4472	4462place thereof the following words:- prior to attaining the age of criminal majority, and is not
4473	4473	4463apprehended until between such child’s attainment of the age of criminal majority and the
4474	4474	4464subsequent birthday, the court shall deal with such child in the same manner as if they have not
4475	4475	4465attained the age of criminal majority and all provisions and rights applicable to a child under 18
4476	4476	4466shall apply to such child.
4477	4477	4467 SECTION 209. Subsection (b) of said section 72 of said chapter 119, as so appearing, is
4478	4478	4468hereby amended by striking out, in line 18, the words “their eighteenth birthday”, in line 18, and
4479	4479	4469inserting in place thereof the following words:- the age of criminal majority
4480	4480	4470 SECTION 210. Section 72A of said chapter 119, as so appearing, is hereby amended by
4481	4481	4471striking out, in lines 2 and 3, the words “his eighteenth birthday, and is not apprehended until
4482	4482	4472after his nineteenth birthday,” and inserting in place thereof the following words:- 208 of 276
4483	4483	4473 attaining the age of criminal majority, and is not apprehended until after the person’s
4484	4484	4474subsequent birthday.
4485	4485	4475 SECTION 211. Section 72B of said chapter 119, as so appearing, is hereby amended by
4486	4486	4476striking out, each time they appear, the words “his eighteenth birthday” and inserting in place
4487	4487	4477thereof, in each instance, the following words:- attaining the age of criminal majority.
4488	4488	4478 SECTION 212. Section 74 of said chapter 119, as so appearing, is hereby amended by
4489	4489	4479striking out, in lines 3 and 4, the words “his eighteenth birthday” and inserting in place thereof
4490	4490	4480the following words:- attaining the age of criminal majority.
4491	4491	4481 SECTION 213. Said section 74 of said chapter 119, as so appearing, is hereby further
4492	4492	4482amended by striking out, in lines 10 and 14. the words “18 years of age” and inserting in place
4493	4493	4483thereof, in each instance, the following words:- the age of criminal majority.
4494	4494	4484 SECTION 214. Section 84 of said chapter 119, as so appearing, is hereby amended by
4495	4495	4485striking out, in lines 12 and 13, the words “eighteen (or nineteen) years of age” and inserting in
4496	4496	4486place thereof the following words:- the age of criminal majority or one year older.
4497	4497	4487 SECTION 215. Subsection (a) of section 89 of said chapter 119, as so appearing, is
4498	4498	4488hereby amended by striking out, in line 25, the figure “18” and inserting in place thereof the
4499	4499	4489following words:- criminal majority.
4500	4500	4490 SECTION 216. Section 15 of chapter 120 of the General Laws, as so appearing, is hereby
4501	4501	4491amended by striking out, in lines 3 and 4, the figure “18” and inserting in place thereof, in each
4502	4502	4492instance, the following words:- the age of criminal majority. 209 of 276
4503	4503	4493 SECTION 217. Section 21 of said chapter 120, as so appearing, is hereby amended by
4504	4504	4494striking out, in lines 7, 9 and 10, the word “conviction” and inserting in place thereof, in each
4505	4505	4495instance, the following word:- adjudication.
4506	4506	4496 SECTION 218. Said section 21 of said chapter 120, as so appearing, is hereby further
4507	4507	4497amended by striking out, in line 17, the words “18 years of age” and inserting in place thereof the
4508	4508	4498following words:- the age of criminal majority.
4509	4509	4499 SECTION 219. Section 1 of chapter 128 of the General Laws, as so appearing, is hereby
4510	4510	4500amended by inserting before the definition of “Commissioner” the following definition:-
4511	4511	4501 “Agritourism”, any agriculturally related educational, entertainment, historical, cultural
4512	4512	4502or recreational activity, including, but not limited to, you-pick operations, farm markets or horse
4513	4513	4503farms that offer trail rides and hayrides to the general public conducted on a farm that allows or
4514	4514	4504invites members of the general public to observe, participate in, experience, or enjoy such
4515	4515	4505activities.
4516	4516	4506 SECTION 220. Said chapter 128 is hereby further amended inserting after section 2E the
4517	4517	4507following section:-
4518	4518	4508 Section 2F. (a) A farming property may conduct agritourism activities if: (i) such
4519	4519	4509activities generate not more than 25 per cent of the gross income of farm income; and (ii) not less
4520	4520	4510than 35 per cent of gross farm income is generated come from the sale of products grown on the
4521	4521	4511farm at which the agritourism activity, provided, however, not less than 65 per cent of gross farm
4522	4522	4512income shall come from the sale of products grown on such farm or another farm in the
4523	4523	4513commonwealth. 210 of 276
4524	4524	4514 (b) A non-farming property owner may conduct agritourism activities if: (i) not less than
4525	4525	451575 per cent of the acreage of the property is dedicated to traditional agricultural activities; and
4526	4526	4516(ii) not less than 50 per cent of the agricultural product produced on the property, by either gross
4527	4527	4517sales or volume, are purchased by the property and utilized in the agritourism activity.
4528	4528	4518 SECTION 221. Section 1 of chapter 130 of the General Laws, as appearing in the 2022
4529	4529	4519Official Edition, is hereby amended by striking out the definition of “Close season” and inserting
4530	4530	4520in place thereof the following definition:-
4531	4531	4521 “Close season” or “closed season”, the time during which fish cannot lawfully be taken
4532	4532	4522or a time or area when and where the use of fishing gear is prohibited.
4533	4533	4523 SECTION 222. Said section 1 of said chapter 130, as so appearing, is hereby further
4534	4534	4524amended by inserting after the definition of “Fish car” the following 2 definitions:-
4535	4535	4525 “Fishing gear”. a trap, net, fish car or other device that: (i) is intact; (ii) functions as
4536	4536	4526intended to take, hold or capture fish; and (iii) is in the water during open season.
4537	4537	4527 “Fishing gear debris”, a trap, net, fish car or other device that: (i) is not intact; (ii) does
4538	4538	4528not function as intended to take, hold or capture fish; and (iii) is in the water during closed
4539	4539	4529season.
4540	4540	4530 SECTION 223. Said section 1 of said chapter 130, as so appearing, is hereby further
4541	4541	4531amended by striking out the definition of “Open season” and inserting in place thereof the
4542	4542	4532following definition:-
4543	4543	4533 “Open season”, the time during which fish may lawfully be taken or a time or area where
4544	4544	4534the use of a particular fishing gear is permitted. 211 of 276
4545	4545	4535 SECTION 224. Said chapter 130 is hereby further amended by striking out section 31, as
4546	4546	4536so appearing, and inserting in place thereof the following section:-
4547	4547	4537 Section 31. No person shall, without the consent of the owner, take, use, destroy, injure
4548	4548	4538or molest fishing gear. The division of marine fisheries, with the approval of the marine fisheries
4549	4549	4539advisory commission and the department of fish and game, shall promulgate regulations that may
4550	4550	4540authorize or permit the removal of fishing gear debris from the waters under the jurisdiction of
4551	4551	4541the commonwealth and the adjacent coastal shoreline; provided, however, that fishing gear
4552	4552	4542debris collected by the division shall not be subject to chapter 134.
4553	4553	4543 SECTION 225. Section 32 of said chapter 130 is hereby repealed.
4554	4554	4544 SECTION 226. Chapter 138 of the General Laws is hereby amended by striking out
4555	4555	4545section 15F, as appearing in the 2022 Official Edition, and inserting in place thereof the
4556	4556	4546following section:-
4557	4557	4547 Section 15F. Notwithstanding any other provision of this chapter, the local licensing
4558	4558	4548authority of any city or town in which the granting of licenses to sell alcoholic beverages is
4559	4559	4549authorized in this chapter may issue to an applicant a special license to sell at an indoor or
4560	4560	4550outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed
4561	4561	4551containers for off-premises consumption and the applicant is authorized to operate a farmer-
4562	4562	4552winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt
4563	4563	4553beverages are in sealed containers for off-premises consumption and the applicant is authorized
4564	4564	4554to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii)
4565	4565	4555distilled products produced by or for the applicant if the distilled product is in sealed containers
4566	4566	4556for off-premises consumption and the applicant is authorized to operate a farmer-distillery under 212 of 276
4567	4567	4557section 19E. For the purposes of this section, “agricultural event” shall be limited to those events
4568	4568	4558certified by the department of agricultural resources pursuant to this section.
4569	4569	4559 Sales of alcoholic beverages under this section shall be conducted by the licensee or by
4570	4570	4560an agent, representative or solicitor of the licensee to customers who are not less than 21 years of
4571	4571	4561age. A licensee under this section may provide, at no charge, samples of its alcoholic beverages
4572	4572	4562to prospective customers at an indoor or outdoor agricultural event; provided, however, that such
4573	4573	4563samples shall be served by the licensee or by the agent, representative or solicitor of the licensee
4574	4574	4564to individuals who are at least 21 years of age and shall be consumed in the presence of the
4575	4575	4565licensee or the agent, representative or solicitor of the licensee; provided further, that a sample
4576	4576	4566of: (i) wine shall not exceed 1 ounce; (ii) a distilled product shall not exceed 0.25 ounce; and (iii)
4577	4577	4567a malt beverage shall not exceed 2 ounces; and provided further, that not more than 5 samples of
4578	4578	4568wine or malt beverages and not more than 4 samples of distilled products shall be served to an
4579	4579	4569individual prospective customer.
4580	4580	4570 An applicant for a special license under this section shall first submit a plan to the
4581	4581	4571department of agricultural resources that shall demonstrate that the event is an agricultural event.
4582	4582	4572The plan shall include: (i) a description of the event; (ii) the date, time and location of the event;
4583	4583	4573(iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the
4584	4584	4574prospective licensee has been approved as a vendor at the event, including the name and contact
4585	4585	4575information of the on-site manager; and (v) a plan depicting the premises and the specific
4586	4586	4576location where the license shall be exercised.
4587	4587	4577 Upon review of the plan, the department may certify that the event is an agricultural
4588	4588	4578event; provided, however, that in making that determination, the department shall consider: (i) 213 of 276
4589	4589	4579operation as a farmers' market or agricultural fair approved or inspected by the department; (ii)
4590	4590	4580the frequency and regularity of the event, including dates, times and locations; (iii) the number of
4591	4591	4581vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the
4592	4592	4582training of the on-site manager; (vii) any operational guidelines or rules, which shall include
4593	4593	4583vendor eligibility and produce source; (viii) the focus of the event on local agricultural products
4594	4594	4584grown or produced within the market area; (ix) the types of shows or exhibits, including those
4595	4595	4585described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or
4596	4596	4586operation by an agricultural or horticultural society organized under the laws of the
4597	4597	4587commonwealth or by a local grange organization or association that has a primary purpose of
4598	4598	4588promoting agriculture and its allied industries. The department of agricultural resources may
4599	4599	4589promulgate rules and regulations necessary for the operation, oversight, approval and inspection
4600	4600	4590of agricultural events under this section.
4601	4601	4591 In addition to its application, an applicant for a special license under this section shall file
4602	4602	4592with the local licensing authority proof of certification from the department of agricultural
4603	4603	4593resources that the event is an agricultural event. A special license under this section shall
4604	4604	4594designate the specific premises and the dates and times covered. A special license may be
4605	4605	4595granted for an indoor or outdoor agricultural event that takes place on multiple dates or times
4606	4606	4596during a single calendar year, but a special license shall not be granted for an agricultural event if
4607	4607	4597the event is not scheduled to take place within 1 calendar year.
4608	4608	4598 The special license shall be conspicuously displayed at the licensed premises. A copy of a
4609	4609	4599special license granted by the local licensing authority shall be submitted by the authority to the
4610	4610	4600commission not less than 7 days before the date the agricultural event is scheduled to begin. The
4611	4611	4601local licensing authority may charge a fee for each special license granted, but such fee shall not 214 of 276
4612	4612	4602exceed $50. A special license granted under this section shall be nontransferable to any other
4613	4613	4603person, corporation or organization and shall be clearly marked “nontransferable” on its face.
4614	4614	4604 A special license under this section may be granted by a local licensing authority for a
4615	4615	4605portion of premises that are licensed under section 12; provided, however that: (i) the holder of
4616	4616	4606the special license shall document the legal basis for use of the premises; (ii) the area in which
4617	4617	4607the special license is to be approved shall be physically delineated from the area remaining under
4618	4618	4608the control of the holder of the license granted under said section 12; (iii) the holder of the
4619	4619	4609special license shall be solely liable for all activities that arise out of the special license; and (iv)
4620	4620	4610the holder of the special license shall not pay any consideration directly or indirectly to the
4621	4621	4611holder of the license granted under said section 12 for the access to or use of the premises.
4622	4622	4612 SECTION 227. Section 19C of said chapter 138, as so appearing, is hereby amended by
4623	4623	4613inserting after the word “premises”, in line 124, the following words:- or in accordance with
4624	4624	4614section 15F.
4625	4625	4615 SECTION 228. Section 19D of said chapter 138, as so appearing, is hereby amended by
4626	4626	4616inserting after the word “premises”, in line 126, the following words:- , or in accordance with
4627	4627	4617section 15F.
4628	4628	4618 SECTION 229. Section 19E of said chapter 138, as so appearing, is hereby amended by
4629	4629	4619inserting after the word “premises”, in line 125, the following words:- , or in accordance with
4630	4630	4620section 15F.
4631	4631	4621 SECTION 230. Section 26 of said chapter 138, as so appearing, is hereby amended by
4632	4632	4622striking out, in lines 3 and 22, the word “his” and inserting in place thereof, in each instance, the
4633	4633	4623following word:- their. 215 of 276
4634	4634	4624 SECTION 231. Said section 26 of said chapter 138, as so appearing, is hereby further
4635	4635	4625amended by inserting after the word “States” in lines 4 and 16, each time it appears, the
4636	4636	4626following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101.
4637	4637	4627 SECTION 232. Said section 26 of said chapter 138, as so appearing, is hereby further
4638	4638	4628amended by inserting after the word “citizen”, in line 6, the following words:- or qualified alien.
4639	4639	4629 SECTION 233. Said section 26 of said chapter 138, as so appearing, is hereby further
4640	4640	4630amended by striking out, in line 16, the word “him” and inserting in place thereof the following
4641	4641	4631word:- them.
4642	4642	4632 SECTION 234. Said chapter 138 is hereby further amended by inserting after section 33B
4643	4643	4633the following 2 sections:-
4644	4644	4634 Section 33C. In a city or town that accepts this section in the manner provided in section
4645	4645	46354 of chapter 4, an establishment holding a license to sell alcohol to be drunk o the premises under
4646	4646	4636this chapter may sell alcoholic beverages or alcohol at a discounted price, in a manner as
4647	4647	4637approved by the city or town.
4648	4648	4638 Section 33D. In a city or town that accepts this section in the manner provided in section
4649	4649	46394 of chapter 4, a common victualler duly licensed under chapter 140 or any person duly licensed
4650	4650	4640under section 12 to sell all alcoholic beverages or only wines and malt beverages to be drunk on
4651	4651	4641the premises may discount alcoholic beverages during a specified time period, subject to any
4652	4652	4642ordinances, by-laws or other limitations provided by the city or town; provided, however, that:
4653	4653	4643(i) the prices of alcoholic beverages shall not be changed during the time period in which they
4654	4654	4644are discounted; (ii) alcoholic beverages shall not be discounted between the hours of 10 p.m. and
4655	4655	4645the licensed establishment’s closing hour; and (iii) notice of the sale of discounted alcoholic 216 of 276
4656	4656	4646beverages during the specified time period shall be conspicuously posted on the licensed
4657	4657	4647premises and on the licensee’s publicly available website ot less than 3 days prior to the specified
4658	4658	4648time. Authorized licensees may advertise events permitted under this section with the approval of
4659	4659	4649the local licensing authority.
4660	4660	4650 SECTION 235. Chapter 140 of the General Laws is hereby amended by inserting after
4661	4661	4651section 131Y the following section:-
4662	4662	4652 Section 131Z. (a) As used in this section, the following words shall have the following
4663	4663	4653meanings unless the context clearly requires otherwise:
4664	4664	4654 “Robotic device”, a device capable of locomotion, navigation, movement or flight that
4665	4665	4655operates at a distance from its operator or supervisor based on commands or in response to
4666	4666	4656sensor data, or a combination thereof, including, but not limited to, an uncrewed aerial vehicle.
4667	4667	4657 “Weapon”, a device designed to threaten or cause death, incapacitation or physical injury
4668	4668	4658to a person including, but not limited to, firearms, chemical agents or irritants, flamethrowers,
4669	4669	4659kinetic impact projectiles, weaponized lasers and explosive devices.
4670	4670	4660 (b) No person shall , t manufacture, modify, sell, transfer, possess or operate a robotic
4671	4671	4661device equipped or mounted with a weapon. Whoever knowingly violates this subsection shall be
4672	4672	4662punished by imprisonment in the state prison for not less than 2½ years and not more than 5
4673	4673	4663years or in a jail or house of correction for not less than 18 months and not more than 2½ years.
4674	4674	4664Whoever, after having been convicted of any of the offenses in this subsection, commits a
4675	4675	4665second offense in violation of this subsection shall be punished by imprisonment in the state
4676	4676	4666prison for not less than 5 years and not more than 7 years, whoever commits third such offense,
4677	4677	4667shall be punished by imprisonment in the state prison for not less than 7 years and not more than 217 of 276
4678	4678	466810 years and whoever commits a fourth or subsequent offense, shall be punished by
4679	4679	4669imprisonment in the state prison for not less than 10 years and not more than 15 years.
4680	4680	4670 (c) No person shall, use a robotic device to: (i) threaten to commit a crime in violation of
4681	4681	4671section 2 of chapter 275; (ii) harass another person in violation of section 43A of chapter 265; or
4682	4682	4672(iii) physically restrain or to attempt to physically restrain another person. Whoever knowingly
4683	4683	4673violates the of this subsection shall be punished by imprisonment in a house of correction for not
4684	4684	4674more than 2½ years, by a fine of not more than $1,000 or by both such fine and imprisonment.
4685	4685	4675Whoever, after having been convicted of any of the offenses set forth in this subsection, commits
4686	4686	4676a second or subsequent offense under this subsection shall be punished by imprisonment in a
4687	4687	4677house of correction for not more than 2½ years or in a state prison for not more than 10 years, by
4688	4688	4678a fine of not more than $15,000 or by both such fine and imprisonment.
4689	4689	4679 (d) This section shall not apply to:
4690	4690	4680 (i) the United States Department of Defense or any of its departments, agencies or units;
4691	4691	4681 (ii) the Massachusetts National Guard;
4692	4692	4682 (iii) a defense industrial company with respect to robotic devices that are within the scope
4693	4693	4683of its contract with the United States Department of Defense;
4694	4694	4684 (iv) a defense industrial company with respect to robotic devices that are within the scope
4695	4695	4685of a waiver obtained from the attorney general;
4696	4696	4686 (v) robotic devices within the scope of a waiver obtained from the attorney general solely
4697	4697	4687for the development or testing of technology intended to detect, prevent or mitigate the
4698	4698	4688unauthorized weaponization of robotic devices; any 218 of 276
4699	4699	4689 (vi) robotic devices within the scope of a waiver obtained from the attorney general
4700	4700	4690solely for educational or entertainment purposes; and
4701	4701	4691 (vii) law enforcement agencies or officers, as those terms are defined in section 1 of
4702	4702	4692chapter 6E, acting in the public performance of their duties, to operate a robotic device equipped
4703	4703	4693or mounted with a weapon or disrupter technology: (A) to destroy, defuse or dispose of
4704	4704	4694explosives or suspected explosives; (B) to destroy property when there is an imminent threat of
4705	4705	4695death or serious bodily injury; or (C) for the development, evaluation, testing, education or
4706	4706	4696training relating to the uses authorized in this clause.
4707	4707	4697 (e) A law enforcement agency shall obtain a warrant or other required judicial
4708	4708	4698authorization prior to deploying a robotic device: (i) onto private property in any situation in
4709	4709	4699which a warrant would be required if the entry onto that property were made by an officer; and
4710	4710	4700(ii) to conduct surveillance or location tracking in any situation in which a warrant or other
4711	4711	4701required judicial authorization would be required if such surveillance or tracking were conducted
4712	4712	4702by an officer or by the use of other technology.
4713	4713	4703 (f) A person may bring a civil action for damages and equitable relief, including
4714	4714	4704injunctive relief, resulting from a violation of this section or a regulation promulgated hereunder
4715	4715	4705in a court of competent jurisdiction. A plaintiff who prevails in an action under this section shall
4716	4716	4706be entitled to an award of reasonable attorneys’ fees and costs incurred in connection with such
4717	4717	4707civil action.
4718	4718	4708 (g) A law enforcement agency shall document, as a public record, every instance that it
4719	4719	4709uses a robotic device and submit such information quarterly to the executive office of public
4720	4720	4710safety and security. Reported information shall include: (i) the date and time of the use; (ii) the 219 of 276
4721	4721	4711scope, target and objective of the use; (iii) whether the robotic device was equipped or mounted
4722	4722	4712with a weapon; (iv) the permitted reason for use; and (v) whether a warrant or other legally
4723	4723	4713required judicial authorization was obtained. The executive office of public safety and security
4724	4724	4714shall annually, not later than March 31, publicly post this information on its website.
4725	4725	4715 (h) The secretary of the executive office of public safety may promulgate rules and
4726	4726	4716regulations to carry out the provisions of this section, including rules and regulations related to
4727	4727	4717the permitted uses of robotic devices equipped or mounted with a weapon by law enforcement
4728	4728	4718set forth in subsection (e).
4729	4729	4719 (j) The attorney general shall promulgate rules and regulations relating to the exemptions
4730	4730	4720described in subsection (d).
4731	4731	4721 SECTION 236. Said chapter 140 is hereby further amended by striking out sections 185C
4732	4732	4722and 185D, as appearing in the 2022 Official Edition, and inserting in place thereof the following
4733	4733	47232 sections:-
4734	4734	4724 Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean
4735	4735	4725any machine, device, computer program or computer software that, on its own or with human
4736	4736	4726assistance, bypasses security measures or access control systems on a retail ticket purchasing
4737	4737	4727platform, or other controls or measures on a retail ticket purchasing platform that assist in
4738	4738	4728implementing a limit on the number of tickets that can be purchased, to purchase tickets.
4739	4739	4729 (b) The commissioner of occupational licensure, after notice to the licensee and
4740	4740	4730reasonable opportunity to be heard, may revoke a license or may suspend the license for such
4741	4741	4731period as the commissioner deems appropriate, upon satisfactory proof that the licensee has
4742	4742	4732violated or permitted a violation of any condition of the license or of any rule or regulation of the 220 of 276
4743	4743	4733commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to
4744	4744	4734receive a license for 1 year after the expiration of the term of the license so revoked.
4745	4745	4735 (c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing
4746	4746	4736software to purchase tickets. Any person, firm, corporation or other entity who knowingly
4747	4747	4737utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty of not
4748	4748	4738less than $500 per violation and shall forfeit all profits made from the sale of any such
4749	4749	4739unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee who
4750	4750	4740is adjudicated guilty by the commissioner under subsection (b) of the following acts shall have
4751	4751	4741their license revoked and may be barred from licensure for a period not to exceed 3 years if the
4752	4752	4742licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii)
4753	4753	4743knowingly resold or offered to resell a ticket that the licensee knew was obtained using ticket
4754	4754	4744purchasing software; or (iii) intentionally maintained any interest in or maintained any control of
4755	4755	4745the operation of ticket purchasing software to purchase tickets.
4756	4756	4746 (d) Any person, firm, corporation or other entity that has knowledge of the use of ticket
4757	4757	4747purchasing software in violation of this chapter and fails to notify the office of the attorney
4758	4758	4748general within 30 days shall be subject to a civil penalty of $500 per violation.
4759	4759	4749 Section 185D. (a) A licensee that facilitates the sale or resale of a ticket to any theatrical
4760	4760	4750exhibition, public show, public amusement or exhibition shall disclose in a clear and
4761	4761	4751conspicuous manner the total ticket price inclusive of fees, interests, charges and other
4762	4762	4752components of the total ticket price; provided, however, that the total ticket price may not
4763	4763	4753include shipping charges, taxes and any fees required by federal, state or local law. 221 of 276
4764	4764	4754 (b) The total ticket price shall be disclosed: (i) at the time of the initial presentation or
4765	4765	4755listing of the ticket price and anytime afterwards; (ii) prior to requiring a consumer to provide
4766	4766	4756personal information, including, but not limited to, billing information; provided, however, that
4767	4767	4757such information may be collected if the personal information is necessary to determine if the
4768	4768	4758purchase by the consumer is legal; and (iii) prior to the ticket being selected for purchase.
4769	4769	4759Notwithstanding the foregoing, a ticket purchased for a non-live movie or non-live show at a
4770	4770	4760movie theater may display the ticket price and all ancillary charges after the customer selects the
4771	4771	4761movie or show; provided, however, that all fees shall be clearly and conspicuously provided
4772	4772	4762contemporaneously with the ticket price and prior to requiring a consumer to provide personal
4773	4773	4763information, including billing information; and provided further, that such information may be
4774	4774	4764collected if the personal information is necessary to determine if the purchase is legal.
4775	4775	4765 (c) No licensee under section 185A shall sell or facilitate the sale of tickets or resell or
4776	4776	4766facilitate the resale of any tickets to a theatrical exhibition, public show, public amusement or
4777	4777	4767exhibition of any description without a guarantee to each purchaser of such sold or resold tickets
4778	4778	4768that the purchaser shall be provided a full refund of the amount paid by the purchaser, including,
4779	4779	4769but not limited to, all fees and charges, if any, if the: (i) event for which the ticket has been sold
4780	4780	4770or resold is cancelled; (ii) ticket received by the purchaser does not grant the purchaser
4781	4781	4771admission to the event described on the ticket; (iii) ticket was not delivered to the purchaser prior
4782	4782	4772to the occurrence of the event unless such failure of delivery was due to an act or omission of the
4783	4783	4773purchaser; or (iv) ticket fails to conform to its description as advertised unless the purchaser has
4784	4784	4774preapproved a substitution of tickets. The provision of a replacement ticket to the same event at a
4785	4785	4775comparable location, where applicable, and at no additional cost to the consumer shall be
4786	4786	4776considered a full refund under this section. 222 of 276
4787	4787	4777 (d) Failure to disclose the fees clearly and conspicuously or misrepresenting the total
4788	4788	4778ticket price under this section shall constitute an unfair or deceptive act or practice under chapter
4789	4789	477993A.
4790	4790	4780 (e) Any person, firm, corporation or other entity who violates this section may be barred
4791	4791	4781from licensure for not more than 3 years and shall be subject to a civil penalty of not more than
4792	4792	4782$5,000 per violation.
4793	4793	4783 SECTION 237. Section 4 of chapter 142A of the General Laws, as so appearing, is
4794	4794	4784hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the
4795	4795	4785following figure:- 5.
4796	4796	4786 SECTION 238. Section 5 of said chapter 142A, as so appearing, is hereby amended by
4797	4797	4787inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to
4798	4798	4788section 4.
4799	4799	4789 SECTION 239. Said section 5 of said chapter 142A, as so appearing, is hereby further
4800	4800	4790amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all
4801	4801	4791customary and reasonable efforts to collect the judgment but the contractor has filed for
4802	4802	4792bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after
4803	4803	4793execution” and inserting in place thereof the following words:- contractor shall have failed to pay
4804	4804	4794the judgment or award and the director has determined that reasonable efforts to collect the same
4805	4805	4795have been made.
4806	4806	4796 SECTION 240. Section 7 of said chapter 142A, as so appearing, is hereby amended by
4807	4807	4797striking out the first paragraph and inserting in place thereof the following paragraph:- 223 of 276
4808	4808	4798 An owner may make a claim to the fund only if the owner has complied with section 3,
4809	4809	4799has obtained a judgment or arbitration award and has filed the claim with the fund not more than
4810	4810	48007 years from the date of the contract, stating that the contractor has failed to pay the judgment or
4811	4811	4801award and the director has determined that reasonable efforts to collect the same have been
4812	4812	4802made.
4813	4813	4803 SECTION 241. Said section 7 of said chapter 142A, as so appearing, is hereby further
4814	4814	4804amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in
4815	4815	4805place thereof the following figure:- $25,000.
4816	4816	4806 SECTION 242. Said section 7 of said chapter 142A, as so appearing, is hereby further
4817	4817	4807amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars” and
4818	4818	4808inserting in place thereof, in each instance, the following figure:- $150,000.
4819	4819	4809 SECTION 243. Section 15 of said chapter 142A is hereby repealed.
4820	4820	4810 SECTION 244. Section 17 of said chapter 142A, as appearing in the 2022 Official
4821	4821	4811Edition, is hereby amended by striking out clause (17) and inserting in place thereof the
4822	4822	4812following 3 clauses:-
4823	4823	4813 (17) having a license, certificate, registration or authority issued by another state or
4824	4824	4814territory of the United States, the District of Columbia or a foreign state or nation with authority
4825	4825	4815to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not
4826	4826	4816renewed or otherwise acted against or, if the holder has been disciplined, the basis for any such
4827	4827	4817action would constitute a basis for disciplinary action in the commonwealth; 224 of 276
4828	4828	4818 (18) failing to repay the fund in full, including the appropriate amount of annual interest,
4829	4829	4819for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; and
4830	4830	4820 (19) violating any other provision of this chapter.
4831	4831	4821 SECTION 244. Said section 17 of said chapter 142A, as so appearing, is hereby further
4832	4832	4822amended by adding the following paragraph:-
4833	4833	4823 For the purposes of this section, the conduct of a contractor or subcontractor shall include
4834	4834	4824the conduct of their agents, employees, salespersons and subcontractors, whether or not an
4835	4835	4825express relationship exists, if the work or activity is within the scope of the contract and not for
4836	4836	4826additional work beyond the contract undertaken by separate agreement with the owner.
4837	4837	4827 SECTION 245. The first paragraph of section 18 of said chapter 142A, as so appearing, is
4838	4838	4828hereby amended by adding the following sentence:- The director may also enter into a consent
4839	4839	4829agreement with a registrant to impose administrative penalties, including, but not limited to,
4840	4840	4830voluntary revocation of the registration.
4841	4841	4831 SECTION 246. Section 53 of chapter 146 of the General Laws, as so appearing, is hereby
4842	4842	4832amended by adding the following 2 subsections:-
4843	4843	4833 (h) A public high school that operates hoisting equipment as part of a vocational technical
4844	4844	4834education program approved under chapter 74 shall be exempt from this section if the school: (i)
4845	4845	4835has not less than 1 supervisory instructor who holds a license issued by the division of
4846	4846	4836occupational licensure pursuant to this section and who is designated as the responsible person in
4847	4847	4837charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on
4848	4848	4838site at all times of operation; and (B) designated as the responsible person in charge of hoisting 225 of 276
4849	4849	4839equipment during that period of operation; and (ii) provides an in-service training program for its
4850	4850	4840instructors.
4851	4851	4841 (i) A training facility that is registered with the division of apprentice standards and
4852	4852	4842which trains apprentices for the occupation of operating engineer shall be exempt from this
4853	4853	4843section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by
4854	4854	4844the division of occupational licensure pursuant to this section and who is designated as the
4855	4855	4845responsible person in charge of the hoisting equipment; provided, however, that the supervising
4856	4856	4846instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in
4857	4857	4847charge of hoisting equipment during that period of operation; and (ii) provides an in-service
4858	4858	4848training program for its instructors.
4859	4859	4849 SECTION 247. Chapter 147 of the General Laws is hereby amended by striking out
4860	4860	4850section 36, as appearing in the 2022 Official Edition, and inserting in place thereof the following
4861	4861	48513 sections:-
4862	4862	4852 Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative
4863	4863	4853sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed
4864	4864	4854under this section and sections 35 and 35A. There shall also be in attendance not less than 3
4865	4865	4855duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for
4866	4866	4856the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if,
4867	4867	4857in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be
4868	4868	4858rendered in favor of the contestant receiving a majority of the votes or, if neither receives a
4869	4869	4859majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision,
4870	4870	4860the vote of each judge shall be announced from the ring. The referee shall have full power to stop 226 of 276
4871	4871	4861the match or exhibition whenever they deem it advisable because of the physical condition of a
4872	4872	4862contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient
4873	4873	4863reason. The commission shall declare forfeited any prize, remuneration or purse or any part
4874	4874	4864thereof belonging to a contestant if, in the judgment of a majority of the commissioners after
4875	4875	4865consultation with the judges and the referee, the contestant was not competing in good faith. The
4876	4876	4866fees of the referee and other licensed officials shall be fixed by the commission and shall be paid
4877	4877	4867by the licensed organization prior to the match or exhibition.
4878	4878	4868 Section 36A. (a) The commission shall set forth rules and regulations for contracts
4879	4879	4869between a manager and an unarmed combatant and contracts between a promoter and an
4880	4880	4870unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a
4881	4881	4871promoter unless the contract is filed with the commission prior to a scheduled contest in an
4882	4882	4872amount of time established by the commission. The commission shall only honor a contract that
4883	4883	4873is executed and notarized on a form provided by the commission unless the contract terms
4884	4884	4874comply with the requirements set forth by the commission.
4885	4885	4875 (b) The commission shall promulgate rules and regulations for contracts between a
4886	4886	4876manager and an unarmed combatant and a promoter and an unarmed combatant; provided,
4887	4887	4877however, that an unarmed combatant shall not enter into a contract with a manager or promoter
4888	4888	4878unless the contracted is filed with the commission prior to a scheduled contast within an amount
4889	4889	4879of time established by the commission. The commission shall only accept a contract that is
4890	4890	4880executed and notarized on a form provided by the commission unless the terms of the contract
4891	4891	4881otherwise comply with the requirements established by the commission. 227 of 276
4892	4892	4882 (c) The commission shall be the sole arbiter of a complaint that a contestant did not that a
4893	4893	4883contestant did not compete in good faith during a contest and may establish rules governing
4894	4894	4884dispute resolution under this section. If, during a contest, a contestant is believed to not be
4895	4895	4885competing in good faith, a member of the commission or their designee shall withhold any prize,
4896	4896	4886remuneration or purse until a hearing is held. The commission shall, at a hearing following the
4897	4897	4887contest, declare forfeited any prize, remuneration or purse or any part thereof belonging to a
4898	4898	4888contestant if, in the judgment of a majority of the commissioners, after consultation with the
4899	4899	4889judges and the referee, the contestant was not competing in good faith.
4900	4900	4890 Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who
4901	4901	4891conducts themself at any time or place in a manner that is deemed by the commission to discredit
4902	4902	4892any unarmed combative sports, may have their license revoked and be fined, suspended or
4903	4903	4893otherwise disciplined in such manner as the commission may direct.
4904	4904	4894 SECTION 248. Said chapter 147 is hereby further amended by striking out section 39B,
4905	4905	4895as so appearing, and inserting in place thereof the following section:-
4906	4906	4896 Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed
4907	4907	4897martial arts or other unarmed combative sports events, sparring matches or exhibitions, except
4908	4908	4898those persons to whom a special license may be granted thereunder without the requirement of a
4909	4909	4899bond or payment of the annual fee, shall take out a policy of accident insurance on each
4910	4910	4900contestant participating in the match or exhibition in an amount determined by the commission,
4911	4911	4901but not less than $10,000, to compensate the contestant for medical and hospital expenses
4912	4912	4902incurred as the result of injuries received in such match or exhibition and a policy in an amount
4913	4913	4903determined by the commission, but not less than $100,000, to be paid to the estate of a deceased 228 of 276
4914	4914	4904contestant in the event of the death of the contestant resulting from participation in the match or
4915	4915	4905exhibition. The premiums on the policies shall be paid by the licensee.
4916	4916	4906 SECTION 249. Section 192 of chapter 149 of the General Laws, as so appearing, is
4917	4917	4907hereby amended by striking out, in line 1, the figure “203” and inserting in place thereof the
4918	4918	4908following figure:- 204.
4919	4919	4909 SECTION 250. Said chapter 149 is hereby further amended by adding the following
4920	4920	4910section:-
4921	4921	4911 Section 204. (a) A client and a registered PEO or PEO group as defined in section 192
4922	4922	4912shall each be deemed an employer for the purposes of sponsoring retirement and welfare benefit
4923	4923	4913plans for its covered employees.
4924	4924	4914 (b) A fully-insured welfare benefit plan offered to the covered employees of a PEO or
4925	4925	4915PEO group shall be treated as a single employer welfare benefit plan.
4926	4926	4916 (c) A PEO or PEO group shall be deemed the employer of covered employees under
4927	4927	4917chapter 176J, and all such covered employees shall be included in the full-time equivalents count
4928	4928	4918for purposes of a fully-insured health insurance plan sponsored by a PEO or PEO group.
4929	4929	4919 SECTION 251. Subsection (4) of section 25Q of chapter 152 of the General Laws, as so
4930	4930	4920appearing, is hereby amended by adding the following sentence:- Subsection (1) shall not apply
4931	4931	4921to groups that have been in existence for not less than 5 years and have established a premium
4932	4932	4922payment plan acceptable to the commissioner.
4933	4933	4923 SECTION 252. Section 2 of the chapter 167F of the General Laws, as so appearing, is
4934	4934	4924hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital 229 of 276
4935	4935	4925Corporation created under chapter 40W” and inserting in place thereof the following words:-
4936	4936	4926growth capital division of the Massachusetts Development Finance Agency established in
4937	4937	4927section 2 of chapter 23G.
4938	4938	4928 SECTION 253. Paragraph 14G of section 63 of chapter 175 of the General Laws, as so
4939	4939	4929appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof
4940	4940	4930the following 3 clauses:-
4941	4941	4931 (2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC-
4942	4942	4932SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the
4943	4943	4933NAIC-SVO;
4944	4944	4934 (3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the
4945	4945	4935requirements of the NAIC-SVO; provided, however, that in the event that the provisionally rated
4946	4946	4936bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or
4947	4947	4937the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds,
4948	4948	4938notes, evidences of indebtedness or contractual obligations for the payment of money
4949	4949	4939subsequently fail to qualify under clause (1) or (2) after any appeal by the insurer within the
4950	4950	4940applicable time periods specified by the NAIC-SVO, the bonds, notes, evidences of indebtedness
4951	4951	4941or contractual obligations for the payment of money shall no longer qualify as permitted
4952	4952	4942investments under this paragraph; provided further, that no company may invest more than an
4953	4953	4943aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or
4954	4954	4944contractual obligations for the payment of money issued, guaranteed or insured by any one
4955	4955	4945institution pursuant to this paragraph; or 230 of 276
4956	4956	4946 (4) are of an exchange-traded fund registered pursuant to the Investment Company Act of
4957	4957	49471940; provided, that:
4958	4958	4948 (i) the exchange-traded fund is solvent and reported not less than $100,000,000 of net
4959	4959	4949assets in its latest annual or more recent certified audited financial statement;
4960	4960	4950 (ii) the exchange-traded fund operates as a corporation, trust or other substantially similar
4961	4961	4951legal structure registered with the Securities and Exchange Commission pursuant to the
4962	4962	4952Investment Company Act of 1940, and the offered shares of the exchange-traded fund are
4963	4963	4953registered under the Securities Act of 1933; provided, however, that each exchange-traded fund
4964	4964	4954shall be treated as the issuer of the securities issued by the fund for the purposes of this
4965	4965	4955paragraph;
4966	4966	4956 (iii) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be
4967	4967	4957placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting
4968	4968	4958as a long-term bond in the purposes and procedures manual of the NAIC-SVO or a successor
4969	4969	4959publication; and
4970	4970	4960 (iv) the amount of the domestic stock or mutual life company’s investment in the
4971	4971	4961exchange-traded fund does not exceed 15 per cent of said company’s capital and surplus.
4972	4972	4962 Subclause (iii) shall not authorize a domestic stock or mutual life company to invest in a
4973	4973	4963bond exchange-traded fund that has embedded structural features designed to deliver
4974	4974	4964performance that does not track the full unlevered and positive return of the underlying index or
4975	4975	4965exposure, including a leverage or inverse exchange-traded fund. 231 of 276
4976	4976	4966 An insurer may deposit with the department shares of a bond exchange-traded fund
4977	4977	4967described by clause (4) as a statutory deposit if state law requires a statutory deposit from the
4978	4978	4968insurer.
4979	4979	4969 SECTION 254. Subsection (f) of section 2A of chapter 211D of the General Laws, as so
4980	4980	4970appearing, is hereby amended by striking out in line 106, the words “18 years of age” and
4981	4981	4971inserting in place thereof the following words:- the age of criminal majority.
4982	4982	4972 SECTION 255. Section 85W of chapter 231 of the General Laws, as so appearing, is
4983	4983	4973hereby amended by inserting after the word “compensation”, in line 2, the following words:-
4984	4984	4974exceeding $500 per year.
4985	4985	4975 SECTION 256. Section 35C of chapter 244 of the General Laws, as so appearing, is
4986	4986	4976hereby amended by adding the following subsection:-
4987	4987	4977 (i)(1) For purposes of this subsection, the following words shall have the following
4988	4988	4978meanings unless the context clearly requires otherwise:
4989	4989	4979 “Entity”, an entity with a tax-exempt filing status under section 501(c)(3) of the Internal
4990	4990	4980Revenue Code or an entity controlled by an entity with such tax-exempt filing status.
4991	4991	4981 “Shared appreciation mortgage”, a mortgage or security instrument that is a second lien
4992	4992	4982on the residential property for the percentage of shared appreciation required to be paid under the
4993	4993	4983accompanying shared appreciation promissory note and secured by such shared appreciation
4994	4994	4984mortgage. 232 of 276
4995	4995	4985 “Shared appreciation”, the percentage share of the appreciation in the value of a
4996	4996	4986residential property as defined in a shared appreciation mortgage and shared appreciation
4997	4997	4987promissory note.
4998	4998	4988 (2) If an entity obtains from a person acquiring or re-acquiring a residential property a
4999	4999	4989shared appreciation mortgage encumbering such residential property that secures the contingent
5000	5000	4990right of the entity to receive a percentage share of the appreciation in value of such residential
5001	5001	4991property upon: (i) the sale, conveyance, assignment or other transfer thereof; (ii) refinancing or
5002	5002	4992other payoff or satisfaction of the new first priority mortgage loan encumbering such residential
5003	5003	4993property; or (iii) the occurrence of other events specified in such shared appreciation mortgage or
5004	5004	4994such shared appreciation promissory note, including reaching a defined maturity date, then the
5005	5005	4995entity and the maker, lender, grantor or holder of the new first priority mortgage loan shall not be
5006	5006	4996liable for monetary relief, injunctive relief or other equitable relief at common law or by statute,
5007	5007	4997including chapter 93A, chapter 140D, chapter 183C and section 49 of chapter 271 for the use of
5008	5008	4998or the terms of said shared appreciation mortgage or shared appreciation promissory note, so
5009	5009	4999long as such person receives a full disclosure, in writing as required herein and in advance of the
5010	5010	5000closing of such person’s acquisition or re-acquisition of such residential property, stating that
5011	5011	5001such person will be required to enter into a shared appreciation mortgage and shared appreciation
5012	5012	5002promissory note to such entity at said closing and upon such person’s entering into a new first
5013	5013	5003priority mortgage loan. A shared appreciation mortgage and shared appreciation promissory note
5014	5014	5004offered under this subsection shall be permitted only if a person has received notice or is
5015	5015	5005otherwise shown to be not less than 90 days delinquent on their prior mortgage loan. An offer for
5016	5016	5006a shared appreciation mortgage shall be invalid if there is no reduction of the prior delinquent 233 of 276
5017	5017	5007mortgage loan principal the person owes or owed when the person acquires or re-acquires such
5018	5018	5008residential property and enters into a new first priority mortgage loan.
5019	5019	5009 (3) An entity shall not offer a shared appreciation mortgage and shared appreciation
5020	5020	5010promissory note to a person without first providing written notice disclosing substantially the
5021	5021	5011following information:
5022	5022	5012 Notice of Shared Appreciation Mortgage Agreement
5023	5023	5013 In connection with your acquisition or re-acquisition of your property at
5024	5024	5014_______________, the undersigned entity intends to make an offer to you to enter into a shared
5025	5025	5015appreciation mortgage and shared appreciation promissory note. Please be advised that under
5026	5026	5016such shared appreciation mortgage and promissory note:
5027	5027	5017 You will not be required to make any payment on the shared appreciation mortgage or
5028	5028	5018shared appreciation note during the mortgage term.
5029	5029	5019 You must pay the shared appreciation mortgage upon refinancing of your new first
5030	5030	5020priority mortgage loan or upon the sale of the property.
5031	5031	5021 Your percentage of shared appreciation will be based on the amount that your prior
5032	5032	5022mortgage debt has been reduced.
5033	5033	5023 (4) Said written notice may include substantially the following information:
5034	5034	5024 You are encouraged to discuss this agreement with family, community service providers,
5035	5035	5025housing counselors or others at any time during this mortgage process. If you fail or refuse to
5036	5036	5026seek housing counseling, the entity may choose not to proceed. A list of housing counselors 234 of 276
5037	5037	5027certified by the United States Department of Housing and Urban Development is enclosed with
5038	5038	5028this notice or has otherwise been provided.
5039	5039	5029 In order to proceed with this transaction, you must sign, date and return this notice to us
5040	5040	5030promptly, but in not less than 7 days after your receipt of this notice.
5041	5041	5031 By signing this notice, you are not bound to proceed to enter into a shared appreciation
5042	5042	5032mortgage and promissory note. The entity has no obligation to proceed to assist you with
5043	5043	5033acquiring or reacquiring a residential property or otherwise proceed to negotiate a shared
5044	5044	5034appreciation mortgage and promissory note. No shared appreciation mortgage or promissory note
5045	5045	5035shall be binding on you or the entity until a final shared appreciation mortgage and note are
5046	5046	5036signed and dated by both you and the entity.
5047	5047	5037 Your shared appreciation mortgage and promissory note shall become due and payable
5048	5048	5038upon the sale, conveyance, assignment or other transfer of your residential property, upon
5049	5049	5039refinancing of the new first priority mortgage loan encumbering such residential property, or
5050	5050	5040other payoff or satisfaction of such new first priority mortgage loan, or upon the occurrence of
5051	5051	5041other events specified in the shared appreciation mortgage or shared appreciation promissory
5052	5052	5042note, including reaching a defined maturity date.
5053	5053	5043 (5) The attorney general may promulgate rules and regulations to implement this
5054	5054	5044subsection.
5055	5055	5045 SECTION 257. Section 13 of chapter 250 of the General Laws, as so appearing, is hereby
5056	5056	5046amended by striking out, in line 3, the figure “18” and inserting in place thereof the following
5057	5057	5047words:- criminal majority. 235 of 276
5058	5058	5048 SECTION 258. Section 2 of chapter 258E of the General Laws, as so appearing, is
5059	5059	5049hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the
5060	5060	5050following words:- criminal majority.
5061	5061	5051 SECTION 259. Section 15A of chapter 265 of the General Laws, as so appearing, is
5062	5062	5052hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in
5063	5063	5053place thereof the following words:- who has attained the age of criminal majority.
5064	5064	5054 SECTION 260. Said section 15A of said chapter 265, as so appearing, is hereby further
5065	5065	5055amended by striking out, in line 46, the words “is 18 years of age or older” and inserting in place
5066	5066	5056thereof the following words:- has attained the age of criminal responsibility.
5067	5067	5057 SECTION 261. Section 15B of said chapter 265, as so appearing, is hereby amended by
5068	5068	5058striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the
5069	5069	5059following words:- who has attained the age of criminal majority.
5070	5070	5060 SECTION 262. Section 18 of said chapter 265, as so appearing, is hereby amended by
5071	5071	5061striking out, in lines 26 and 27, the words “18 years of age or over” and inserting in place thereof
5072	5072	5062the following words:- who has attained the age of criminal majority.
5073	5073	5063 SECTION 263. Section 18B of said chapter 265, as so appearing, is hereby amended by
5074	5074	5064striking out, in lines 43 and 44, the words “18 years of age or over” and inserting in place thereof
5075	5075	5065the following words:- who has attained the age of criminal majority.
5076	5076	5066 SECTION 264. Section 19 of said chapter 265, as so appearing, is hereby amended by
5077	5077	5067striking out, in lines 23 and 24, the words “18 years of age or over” and inserting in place thereof
5078	5078	5068the following words:- who has attained the age of criminal majority. 236 of 276
5079	5079	5069 SECTION 265. Section 43 of said chapter 265, as so appearing, is hereby amended by
5080	5080	5070striking out, in lines 56 and 89, the words “18 years of age or over”, each time they appear, and
5081	5081	5071inserting in place thereof, in each instance, the following words:- who has attained the age of
5082	5082	5072criminal majority.
5083	5083	5073 SECTION 266. Section 59 of said chapter 265, as so appearing, is hereby amended by
5084	5084	5074striking out the figure “18” and inserting in place thereof the following words:- criminal
5085	5085	5075majority.
5086	5086	5076 SECTION 267. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby
5087	5087	5077amended by striking out, in line 53 and 223, the words “18 years of age or older”, each time they
5088	5088	5078appear, and inserting in place thereof, in both instances, the following words:- who has attained
5089	5089	5079the age of criminal majority.
5090	5090	5080 SECTION 268. Said section 10 of said chapter 269, as so appearing, is hereby further
5091	5091	5081amended by striking out, in line 55, the figure “18” and inserting in place thereof the words:- the
5092	5092	5082age of criminal majority.
5093	5093	5083 SECTION 269. Section 10E of said chapter 269, as so appearing, is hereby amended by
5094	5094	5084striking out, in lines 40 and 41, the words “, 18 years of age or over,” and inserting in place
5095	5095	5085thereof the following words:- who has attained the age of criminal majority.
5096	5096	5086 SECTION 270. Said section 10E of said chapter 269, as so appearing, is hereby further
5097	5097	5087amended by striking out, in line 42, the figure “18” and inserting in place thereof the words:- the
5098	5098	5088age of criminal majority. 237 of 276
5099	5099	5089 SECTION 271. Section 10F of said chapter 269, as so appearing, is hereby amended by
5100	5100	5090striking out, in lines 4 and 28, the words “18 years of age or over”, each time they appear, and
5101	5101	5091inserting in place thereof, in each instance, the following words:- who has attained the age of
5102	5102	5092criminal majority.
5103	5103	5093 SECTION 272. Said section 10F of said chapter 269, as so appearing, is hereby further
5104	5104	5094amended by striking out, in line 32, the figure “18” and inserting in place thereof the following
5105	5105	5095words:- criminal majority.
5106	5106	5096 SECTION 273. Said section 10F of said chapter 269, as so appearing, is hereby further
5107	5107	5097amended by striking out, in lines 50 and 51, the words “17 years of age or over” and inserting in
5108	5108	5098place thereof the following words:- who has attained the age of criminal majority.
5109	5109	5099 SECTION 274. Section 10G of said chapter 269, as so appearing, is hereby amended by
5110	5110	5100striking out, in lines 34 and 35, the words “18 years of age or over” and inserting in place thereof
5111	5111	5101the following words:- who has attained the age of criminal majority.
5112	5112	5102 SECTION 275. Section 87 of chapter 276 of the General Laws, as so appearing, is hereby
5113	5113	5103amended by striking out, in line 7, the figure “18” and inserting in place thereof the following
5114	5114	5104words:- criminal majority.
5115	5115	5105 SECTION 276. Said section 87 of said chapter 276, as so appearing, is hereby further
5116	5116	5106amended by striking out, in lines 14 and 15, the words “was eighteen years of age or older” and
5117	5117	5107inserting in place thereof the following words:- had attained the age of criminal majority. 238 of 276
5118	5118	5108 SECTION 277. Section 89A of said chapter 276, as so appearing, is hereby amended by
5119	5119	5109striking out, in line 3, the figure “18” and inserting in place thereof the following words:-
5120	5120	5110criminal majority.
5121	5121	5111 SECTION 278. Section 89B of said chapter 276, as so appearing, is hereby amended by
5122	5122	5112striking out, in line 3, the words “are 18 to 24” and inserting in place thereof the following
5123	5123	5113words:- attained the age of criminal majority and are under 25.
5124	5124	5114 SECTION 279. Section 100D of said chapter 276, as so appearing, is hereby amended by
5125	5125	5115striking out, in line 8, the figure “17” and inserting in place thereof the following words:-
5126	5126	5116criminal majority.
5127	5127	5117 SECTION 280. Section 6B of chapter 280 of the General Laws, as so appearing, is
5128	5128	5118hereby amended by striking out, in line 3, the words “18 years” and inserting in place thereof the
5129	5129	5119following words:- criminal majority.
5130	5130	5120 SECTION 281. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as
5131	5131	5121amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking
5132	5132	5122out the last sentence.
5133	5133	5123 SECTION 282. Said section 10 of said chapter 498, as so amended, is hereby further
5134	5134	5124amended by adding the following paragraph:-
5135	5135	5125 Notwithstanding the Reuse Plan and associated zoning by-laws under this section or any
5136	5136	5126other general or special law to the contrary, there shall be: (i) no square foot limit or cap on the
5137	5137	5127amount of commercial or industrial development that may occur within Devens; and (ii) no limit
5138	5138	5128or cap on the number of residential units that may be developed within Devens. Nothing in this 239 of 276
5139	5139	5129section shall modify any other provisions of the by-laws regulating the development of housing
5140	5140	5130within Devens or requiring the issuance of development permits by the Devens Enterprise
5141	5141	5131Commission for specific projects.
5142	5142	5132 SECTION 283. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby
5143	5143	5133amended by striking out the words “for heating, ventilation and air conditioning systems at the
5144	5144	5134University of Massachusetts at Dartmouth” and inserting in place thereof the following words:-
5145	5145	5135for capital improvements for the premises located at 182 Union street in the city of New
5146	5146	5136Bedford.
5147	5147	5137 SECTION 284. Item 7002-8036 of section 2 of chapter 358 of the acts of 2020 is hereby
5148	5148	5138amended by striking out the words “the University of Massachusetts at Dartmouth Star Store
5149	5149	5139college of visual and performing arts campus” and inserting in place thereof the following
5150	5150	5140words:- the Star Store located at 182 Union street.
5151	5151	5141 SECTION 285. Section 148 of chapter 24 of the acts of 2021 is hereby amended by
5152	5152	5142striking out the figure "2025" and inserting in place thereof the following figure:- 2030.
5153	5153	5143 SECTION 286. Section 73 of chapter 2 of the acts of 2023 is hereby amended by striking
5154	5154	5144out the words "August 1, 2024", each time they appear, and inserting in place thereof, in each
5155	5155	5145instance, the following words:- "December 31, 2024".
5156	5156	5146 SECTION 287. Not later than 30 days after the effective date of this act, the secretary of
5157	5157	5147economic development and the secretary of housing and livable communities shall convene a
5158	5158	5148working group that shall include representatives from the towns of Ayer, Harvard and Shirley,
5159	5159	5149the Massachusetts Development Finance Agency and the Devens Enterprise Commission to
5160	5160	5150determine a strategy and plan to provide for increased housing production within Devens, 240 of 276
5161	5161	5151including, but not limited to, the feasibility of allowing not more than 400 multi-family
5162	5162	5152residential units in the Innovation and Technology Center zoning district established by Article
5163	5163	5153V(A)(13) of the zoning by-laws of the Devens Regional Enterprise Zone. The secretary of
5164	5164	5154economic development and the secretary of housing and livable communities shall report the
5165	5165	5155findings of the working group within 180 days after the effective date of this act.
5166	5166	5156 SECTION 288. (a) There shall be established within the executive office of economic
5167	5167	5157development a 5-year pilot surety bond assistance program to encourage the participation of
5168	5168	5158economically and socially disadvantaged businesses in bidding for and securing contracts for
5169	5169	5159capital projects. The program may include, but shall not be limited to, providing: (i) technical
5170	5170	5160assistance to eligible contractors to secure surety bonds; and (ii) financial assistance to guarantee
5171	5171	5161surety bonds required on behalf of the commonwealth or on behalf of a county, city, town,
5172	5172	5162district, other political subdivision of the commonwealth or other public instrumentality for the
5173	5173	5163construction, reconstruction, alteration, remodeling, repair or demolition of public buildings or
5174	5174	5164other public works.
5175	5175	5165 (b) The executive office shall promulgate regulations or guidelines to establish eligibility
5176	5176	5166requirements and other program terms; provided, however that such eligibility requirements shall
5177	5177	5167seek to direct the financial assistance provided by the program to ensure fair participation of
5178	5178	5168businesses owned by persons from socially and economically disadvantaged groups for whom
5179	5179	5169access to capital facility projects and state-assisted building projects has been historically
5180	5180	5170limited. The executive office may administer the program through contracts with the
5181	5181	5171Massachusetts Development Finance Agency or the Massachusetts Growth Capital Corporation. 241 of 276
5182	5182	5172 (c) Not later than December 31 of each year of the pilot program, the executive office
5183	5183	5173shall provide a public report on its website detailing the activities of the program, including, but
5184	5184	5174not limited to, an analysis of the provision of technical and financial assistance services and its
5185	5185	5175impact on increasing access and participation in capital projects for historically disadvantaged
5186	5186	5176groups.
5187	5187	5177 (d) Implementation of this section shall be subject to the United States Treasury’s
5188	5188	5178approval of the use of federal funding for the purposes described herein.
5189	5189	5179 SECTION 289. (a) For purposes of this section, the following words shall have the
5190	5190	5180following meanings unless the context clearly requires otherwise:
5191	5191	5181 “Approval”, except as otherwise provided in subsection (b), a permit, certificate, order,
5192	5192	5182excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
5193	5193	5183building permit or other approval or determination of rights from a municipal, regional or state
5194	5194	5184governmental entity, including any agency, department, commission or other instrumentality
5195	5195	5185thereof, concerning the use or development of real property, including certificates, licenses,
5196	5196	5186certifications, determinations, exemptions, variances, waivers, building permits or other
5197	5197	5187approvals or determinations of rights issued or made under chapter 21 of the General Laws,
5198	5198	5188chapter 21A of the General Laws, except section 16 of said chapter 21A, chapter 21D of the
5199	5199	5189General Laws, sections 61 to 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of
5200	5200	5190the General Laws, chapters 40 to 40C, inclusive, of the General Laws, chapter 40R of the
5201	5201	5191General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of
5202	5202	5192the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws,
5203	5203	5193chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General 242 of 276
5204	5204	5194Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws,
5205	5205	5195chapter 665 of the acts of 1956 or any local by-law or ordinance.
5206	5206	5196 “Development”, a division of a parcel of land into 2 or more parcels, the construction,
5207	5207	5197reconstruction, conversion, structural alteration, relocation or enlargement of a building or other
5208	5208	5198structure or facility, any grading, soil removal or relocation, excavation or landfill, any use or
5209	5209	5199change in the use of any building or other structure or land or the extension of the use of land.
5210	5210	5200 “Tolling period”, January 1, 2023 to January 1, 2025, inclusive.
5211	5211	5201 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or
5212	5212	5202existence during the tolling period shall be extended for a period of 2 years in addition to the
5213	5213	5203lawful term of the approval.
5214	5214	5204 (2) Nothing in this section shall extend or purport to extend: (i) a permit or approval
5215	5215	5205issued by the United States government or an agency or instrumentality thereof or a permit or
5216	5216	5206approval of which the duration of effect or the date or terms of its expiration are specified or
5217	5217	5207determined under a law or regulation of the United States government or an agency or
5218	5218	5208instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of
5219	5219	5209fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination,
5220	5220	5210exemption, certification, statement of qualification or any other administrative action by the
5221	5221	5211department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter
5222	5222	521225A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any
5223	5223	5213agreement entered into by the Massachusetts Department of Transportation or the Massachusetts
5224	5224	5214Bay Transportation Authority or any permit, license or approval issued by the department or the
5225	5225	5215authority relating to the sale, acquisition, lease or development of real property owned, in whole 243 of 276
5226	5226	5216or in part, by the department or the authority or the sale, acquisition, lease or development of any
5227	5227	5217interest therein related to such real property pursuant to chapter 6C of the General Laws or
5228	5228	5218chapter 161A of the General Laws; (v) any approval from or issued by the department of
5229	5229	5219environmental protection; (vi) any approval issued pursuant to section 40A of said chapter 131 or
5230	5230	5220corresponding regulations under 310 CMR 10.00; (vii) any approval issued pursuant to section
5231	5231	522113 of chapter 21A of the General Laws or corresponding regulations under 310 CMR 15.000; or
5232	5232	5222(viii) any enforcement order, consent decree or settlement agreement.
5233	5233	5223 (3) Nothing in this section shall affect the ability of a municipal, regional or state
5234	5234	5224governmental entity, including an agency, department, commission or other instrumentality
5235	5235	5225thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or
5236	5236	5226approval under this section, when such specific permit or approval or the law or regulation under
5237	5237	5227which such permit or approval was issued contains language authorizing the modification or
5238	5238	5228revocation of the permit or approval.
5239	5239	5229 (4) If an approval tolled under this section is based upon the connection to a sanitary
5240	5240	5230sewer system, the approval's extension shall be contingent upon the availability of sufficient
5241	5241	5231capacity, on the part of the treatment facility, to accommodate the development for which
5242	5242	5232approval has been extended. If sufficient capacity is not available, those permit holders whose
5243	5243	5233approvals have been extended shall have priority with regard to the further allocation of
5244	5244	5234gallonage over those permit holders who have not received approval of a hookup prior to the
5245	5245	5235effective date of this section. Priority regarding the distribution of further gallonage to a permit
5246	5246	5236holder who has received the extension of an approval under this section shall be allocated in the
5247	5247	5237order granting the original approval of the connection. 244 of 276
5248	5248	5238 (5) If an owner or petitioner sells or otherwise transfers a property or project in order for
5249	5249	5239an approval to receive an extension, all commitments made by the original owner or petitioner
5250	5250	5240under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If
5251	5251	5241the new owner or petitioner does not meet or abide by such commitments, the approval shall not
5252	5252	5242be extended under this section.
5253	5253	5243 (6) Nothing in this section shall be construed or implemented in such a way as to modify
5254	5254	5244a requirement of law that is necessary to retain federal delegation to or assumption by the
5255	5255	5245commonwealth of the authority to implement a federal law or program.
5256	5256	5246 (7) Any project covered by approval in effect during the tolling period shall be governed
5257	5257	5247by any applicable local ordinance or by-law, if any, in effect at the time of the granting of the
5258	5258	5248approval unless the owner or petitioner of the project elects to waive this section.
5259	5259	5249 SECTION 290. The commissioner of the department of agriculture shall conduct a study
5260	5260	5250on the presence of substances including, but not limited to, mercury, parabens, estrogenic
5261	5261	5251chemicals from placenta, benzophenone, diethanolamine, nonylphenol, phthalates and talc
5262	5262	5252powder and other chemicals known to be endocrine disruptors in cosmetic products and the
5263	5263	5253potential negative effects of such substance-containing cosmetic products on minors. The study
5264	5264	5254shall include, but not be limited to: (i) the effects of such substance-containing products on the
5265	5265	5255health of persons under the age of 18; (ii) the effect of advertisements, whether oral, written,
5266	5266	5256graphic or pictorial, that encourage minors to purchase cosmetic products containing such
5267	5267	5257substances; (iii) the use of images, voices or depictions of persons under the age of 18 for the
5268	5268	5258purpose of promoting the sale of such substance-containing cosmetic products including, but not
5269	5269	5259limited to, hair relaxers and skin bleaching products, including an analysis of the use of images 245 of 276
5270	5270	5260of minors delineated by age, race and sex; (iv) a list of cosmetic products that use child like
5271	5271	5261images or children to market such substance-containing cosmetic products; and (v) a geographic
5272	5272	5262analysis of the areas in the commonwealth where such substance-containing cosmetic products
5273	5273	5263are sold.
5274	5274	5264 The commissioner shall submit a report of its findings and recommendations to the joint
5275	5275	5265committee on public health, the joint committee on racial equity, civil rights and inclusion and
5276	5276	5266the senate and house committees on ways and means not later than May 1, 2025.
5277	5277	5267 SECTION 291. (a) There shall be a special legislative commission to study and develop
5278	5278	5268recommendations for supporting investments, policies and practices designed to promote equity
5279	5279	5269in agriculture for socially disadvantaged groups in the commonwealth that have been historically
5280	5280	5270excluded or have had less access to resources and opportunities in agriculture.
5281	5281	5271 (b) The commission shall consist of: the commissioner of agricultural resources or a
5282	5282	5272designee, who shall serve as chair; the chairs of the joint committee on agriculture; 1 member
5283	5283	5273appointed by the Massachusetts Black and Latino Legislative Caucus; 1 member appointed by
5284	5284	5274the Massachusetts House Asian Caucus; 2 members appointed by the Massachusetts food system
5285	5285	5275caucus; 2 members appointed by the commissioner of agricultural resources who shall represent
5286	5286	5276buy local groups funded by the department of agricultural resources; 2 members appointed by the
5287	5287	5277Massachusetts Food System Collaborative; 1 member appointed by the commission on the status
5288	5288	5278of African Americans; 2 members appointed by nonprofit organizations with the primary
5289	5289	5279purpose of working with farmers from socially disadvantaged groups; 1 member appointed by
5290	5290	5280the commission on the status of Latinos and Latinas; 1 member appointed by the commission on
5291	5291	5281the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on 246 of 276
5292	5292	5282Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation, Incorporated; 1
5293	5293	5283member appointed by the Mass Farmers Markets; and 1 member appointed by the Center for
5294	5294	5284Agriculture, Food, and the Environment at the University of Massachusetts at Amherst.
5295	5295	5285Members appointed to the commission shall, to the extent possible, represent a diversity of
5296	5296	5286knowledge of urban and rural agricultural practices and experiences and be knowledgeable in
5297	5297	5287agriculture.
5298	5298	5288 (c) The commission shall investigate and study methods to promote equity in agriculture
5299	5299	5289in the commonwealth and shall prepare a report including, but not limited to, recommendations
5300	5300	5290related to: (i) data collection and dissemination; (ii) benchmark development and targeting areas
5301	5301	5291of need; (iii) equitable access to grant programs and distribution of funds; (iv) increasing equity
5302	5302	5292in the legislative, regulatory and sub-regulatory processes to support agriculture in the
5303	5303	5293commonwealth; (v) improving equity in programs and services offered by the department of
5304	5304	5294agricultural resources including, but not limited to, programs regarding land access and
5305	5305	5295protection, farmer technical assistance and education, marketing and other existing programs
5306	5306	5296identified by the commission; and (vi) the implementation and monitoring of equity goals in
5307	5307	5297agriculture in the commonwealth established by the commission. The department of agricultural
5308	5308	5298resources shall furnish reasonable staff and other support for the work of the commission.
5309	5309	5299 (d) The commission shall hold not less than 3 public hearings in geographically diverse
5310	5310	5300regions of the commonwealth; provided, however, that not less than 1 public hearing shall be
5311	5311	5301held in a rural area and not less than 1 public hearing shall be held in an urban area with potential
5312	5312	5302for increased urban agriculture. 247 of 276
5313	5313	5303 (e) Not later than December 31, 2027, the commission shall file a report and any
5314	5314	5304recommendations, including any legislation necessary to carry out the recommendations, with
5315	5315	5305the clerks of the senate and the house of representatives, the senate and house committees on
5316	5316	5306ways and means and the joint committee on agriculture. The report shall be made publicly
5317	5317	5307available on the website of the department of agricultural resources.
5318	5318	5308 SECTION 292. There shall be a commission to study and make recommendations
5319	5319	5309relative to the redomestication of the production of pharmaceutical products, for the purpose of
5320	5320	5310encouraging, supporting, and incentivizing the production within the commonwealth of
5321	5321	5311pharmaceutical products that are currently produced outside of the United States. The
5322	5322	5312commission shall consist of the following members, including: the secretary of economic
5323	5323	5313development or a designee, who shall serve as chair, the secretary of health and human services
5324	5324	5314or a designee, 2 members appointed by the speaker of the house of representatives, 1 member
5325	5325	5315appointed by the minority leader of the house of representatives, 2 members appointed by the
5326	5326	5316senate president, 1 member appointed by the minority leader of the senate, 1 member appointed
5327	5327	5317by the attorney general, whom shall have expertise in the law of intellectual property, and 12
5328	5328	5318members appointed by the governor, 2 of whom shall represent current manufacturers of
5329	5329	5319pharmaceuticals in the commonwealth, 2 of whom shall represent businesses engaged in
5330	5330	5320pharmaceutical research and development in the commonwealth, 1 of whom shall have expertise
5331	5331	5321in manufacturing and materials logistics, 2 of whom shall represent institutions of higher
5332	5332	5322learning in life sciences or business programs in the commonwealth, 1 of whom shall be an
5333	5333	5323economist with expertise in the life sciences, 1 of whom shall represent organized labor, 1 of
5334	5334	5324whom shall represent a patient advocacy organization, and 2 of whom shall represent consumers. 248 of 276
5335	5335	5325 The commission shall: (i) meet not less than quarterly; (ii) conduct not less than 1 public
5336	5336	5326hearing annually, which shall be accessible for remote electronic participation; and (iii) consult
5337	5337	5327regularly with current and prospective manufacturers of pharmaceutical products in the
5338	5338	5328commonwealth, provided, however, that the commission shall consider current barriers to
5339	5339	5329pharmaceutical production in the commonwealth and the United States, incentives to encourage
5340	5340	5330the relocation of pharmaceutical production to the commonwealth and the costs and benefits to
5341	5341	5331the commonwealth of such relocation.
5342	5342	5332 Annually, not later than July 1, prior to the issuance of a final report pursuant to this
5343	5343	5333section, the commission shall file a report, together with any legislative and regulatory
5344	5344	5334recommendations, with the secretary of economic development, the secretary of health and
5345	5345	5335human services, the joint committee on economic development and emerging technologies, the
5346	5346	5336joint committee on health care financing and the clerks of the senate and house of
5347	5347	5337representatives.
5348	5348	5338 The commission shall file its final report on July 1, 2029.
5349	5349	5339 SECTION 293. (a) There shall be a special working group on youth sports to conduct an
5350	5350	5340investigation and study of the current state of youth sports. The working group shall study and
5351	5351	5341make recommendations relative to the regulation of youth sports, including, but not limited to: (i)
5352	5352	5342maximum participation hours per youth sport in a defined period of time; (ii) licensing of
5353	5353	5343businesses and coaches, including licensing fees and the conditions under which any such
5354	5354	5344licensing fee may be waived to promote access to participation; and (iii) standards for player
5355	5355	5345safety, including concussion protocols and athletic trainer requirements. The working group shall
5356	5356	5346conduct not less than 3 public hearings. 249 of 276
5357	5357	5347 (b) The working group shall consist of: the chair of the Massachusetts state athletic
5358	5358	5348commission, who shall serve as chair of the working group; 2 members appointed by the
5359	5359	5349president of the senate; 2 members appointed by the speaker of the house of representatives; 1
5360	5360	5350member appointed by the minority leader of the senate; 1 member appointed by the minority
5361	5361	5351leader of the house of representatives; and 7 members appointed by the governor who shall have
5362	5362	5352experience and expertise in youth sports. Members of the working group shall not be
5363	5363	5353compensated for their service.
5364	5364	5354 (c) The working group shall report to the general court and the Massachusetts state
5365	5365	5355athletic commission the results of its investigation and study and its recommendations, if any,
5366	5366	5356together with drafts of regulations to be promulgated by the commission and legislation
5367	5367	5357necessary to carry its recommendations into effect, by filing the same with the commission, the
5368	5368	5358clerks of the senate and house of representatives, the joint committee on economic development
5369	5369	5359and emerging technologies and the joint committee on health care financing not later than 120
5370	5370	5360days after the third public hearing conducted by the working group.
5371	5371	5361 SECTION 294. (a) The department of elementary and secondary education shall, in
5372	5372	5362consultation with relevant stakeholders and with the solicitation of public comment for a period
5373	5373	5363of not less than 90 days, implement a 5-year pilot program to develop additional pathways for
5374	5374	5364granting educator certification.
5375	5375	5365 (b) The additional pathways may allow for waiver of not more than 1 of the testing
5376	5376	5366requirements pursuant to section 38G of chapter 71 of the General Laws, per candidate, and may
5377	5377	5367include consideration of factors including, but not limited to, whether a candidate has: (i)
5378	5378	5368completed field-based experience of not less than 2 years in the role and at the level of the 250 of 276
5379	5379	5369license sought; (ii) obtained certification in another state or territory in the United States, the
5380	5380	5370District of Columbia, or the Commonwealth of Puerto Rico, as approved by the department; (iii)
5381	5381	5371completed a satisfactory portfolio of items as determined by the department; (iv) obtained a
5382	5382	5372master’s degree or doctorate from an accredited institution, provided that the advanced degree
5383	5383	5373relates to the content area for which the individual is seeking certification, as determined by the
5384	5384	5374department; or (v) completed a department-approved educator preparation program for the role
5385	5385	5375and at the level of the license sought. This process shall give consideration to necessary
5386	5386	5376accommodations for a person with a disability as defined in 42 U.S.C. §12102 and comply with
5387	5387	5377other applicable state and federal laws.
5388	5388	5378 (c) The department shall inform public school districts or charter schools which employ
5389	5389	5379educators licensed through this pilot program of the supports and resources available for the
5390	5390	5380educators to be effective, including, but not limited to, policies aligned with the guidelines
5391	5391	5381established in section 38G ¾ of chapter 71 of the General Laws.
5392	5392	5382 (d) The department shall conduct a comprehensive evaluation of the pilot program and
5393	5393	5383the use of the additional licensure pathways during the pilot period. The evaluation shall include:
5394	5394	5384(i) a measurement of student impacts according to factors determined by the department; (ii) an
5395	5395	5385assessment of progress made in diversifying the educator workforce, including data on the
5396	5396	5386demographics of participants, hiring rates and demographics of the districts and schools where
5397	5397	5387candidates were hired, aggregated evaluation ratings and retention rates; and (iii) an assessment
5398	5398	5388of the impacts on candidates of diverse backgrounds. 251 of 276
5399	5399	5389 (e) The department shall file a report including the evaluation of the pilot program with
5400	5400	5390the clerks of the house of representatives and the senate and the joint committee on education no
5401	5401	5391later than 1 year after the conclusion of the pilot program.
5402	5402	5392 SECTION 295. (a) Notwithstanding any general or special law to the contrary, the
5403	5403	5393department of elementary and secondary education shall study the feasibility of establishing a
5404	5404	5394program which allows certain educator candidates to complete the testing requirements pursuant
5405	5405	5395to section 38G of chapter 71 of the General Laws at no cost to candidates. Such program shall
5406	5406	5396apply to candidates who are determined by the department to qualify for financial assistance, or
5407	5407	5397have: (i) attempted to complete the testing requirements pursuant to said section 38G of said
5408	5408	5398chapter 71; (ii) failed to meet the minimum score requirements established by the department;
5409	5409	5399and (iii) earned a score or scores within 1 standard error of measurement of passing, as
5410	5410	5400determined by the department. The study may include analysis of prior or existing voucher
5411	5411	5401systems designed to pay for licensure test fees.
5412	5412	5402 (b) Not later than October 1, 2025, the department shall file a report, including any
5413	5413	5403analysis or recommendations on the feasibility of the program with the clerks of the senate and
5414	5414	5404the house of representatives and the joint committee on education.
5415	5415	5405 SECTION 296. (a) Notwithstanding any general or special law to the contrary, the
5416	5416	5406department of elementary and secondary education shall conduct a study analyzing the potential
5417	5417	5407bias and accessibility of assessments used by educator candidates to complete the testing
5418	5418	5408requirements pursuant to section 38G of chapter 71 of the General Laws.
5419	5419	5409 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the
5420	5420	5410senate and the house of representatives and the joint committee on education on reducing 252 of 276
5421	5421	5411potential bias and increasing accessibility of assessments used by educator candidates to
5422	5422	5412complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws,
5423	5423	5413including any analysis or recommendations. The report shall include: (i) an analysis of potential
5424	5424	5414racial, cultural, or linguistic biases of assessments used by educator candidates; (ii) data on
5425	5425	5415candidates applying for accommodations and those receiving accommodations; (iii) data on the
5426	5426	5416types of accommodations requests received and those granted; (iv) data on candidates retaking
5427	5427	5417the assessment and any accommodations requested by such candidates; and (v) data on the
5428	5428	5418passing rates for candidates who received accommodations and all candidates passing the
5429	5429	5419assessment.
5430	5430	5420 SECTION 297. (a) Notwithstanding any general or special law to the contrary, the
5431	5431	5421department shall conduct a study and report on potential initiatives to incentivize diverse and
5432	5432	5422highly effective educators to work in high-needs schools and districts, including incentives to
5433	5433	5423recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse
5434	5434	5424and effective teachers currently teaching in high-needs schools. For the purposes of this section,
5435	5435	5425“high-needs schools or districts” shall mean a school or district with a high percentage of low-
5436	5436	5426income students and English learners, which may include a school or district implementing a
5437	5437	5427turnaround plan.
5438	5438	5428 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the
5439	5439	5429senate and house of representatives and the joint committee on education, including any analysis
5440	5440	5430or recommendations. The report shall include, but not be limited to: (i) a survey of educator
5441	5441	5431salaries and benefits across school districts and charter schools; (ii) an assessment of potential
5442	5442	5432incentives to attract educators to high-needs school districts, including but not limited to the
5443	5443	5433establishment of loan forgiveness, scholarship, and housing support programs and the status of 253 of 276
5444	5444	5434such currently or previously existing state programs; (iii) the feasibility of financial incentives
5445	5445	5435for achieving National Board certification; (iv) the feasibility of establishing a master educator
5446	5446	5436corps program to be administered by the department and to incentivize educators that have
5447	5447	5437achieved a certain level of mastery to transfer to high-needs school districts; (v) an assessment of
5448	5448	5438a salary parity scale for educators that have switched to high-needs school districts; (vi) any
5449	5449	5439other program, as determined by the department, to help meet the educator requirements of high-
5450	5450	5440needs school districts; and (vii) an assessment of any additional actions necessary to achieve
5451	5451	5441these objectives.
5452	5452	5442 SECTION 298. (a) Notwithstanding any general or special law to the contrary, the
5453	5453	5443department of elementary and secondary education shall, subject to appropriation, develop and
5454	5454	5444administer a pilot program for teacher apprenticeships.
5455	5455	5445 (b) The department shall file a report with the clerks of the senate and house of
5456	5456	5446representatives and the joint committee on education not more than 1 year after the completion
5457	5457	5447of the pilot on the outcome of the pilot program and recommendations for making the
5458	5458	5448apprenticeship program permanent.
5459	5459	5449 SECTION 299. (a) Not later than October 1, 2025, the department of elementary and
5460	5460	5450secondary education or any department or agency thereof designated by the executive office,
5461	5461	5451shall establish a public information campaign, which shall be for a duration of not less than 1
5462	5462	5452year, to educate and promote awareness to the public of available state scholarships and loan
5463	5463	5453forgiveness programs for prospective educators. The campaign shall include, but not be limited
5464	5464	5454to, information about the availability of and eligibility for such scholarships and loan forgiveness
5465	5465	5455programs. The department of elementary and secondary education, or any department or agency 254 of 276
5466	5466	5456thereof designated by the executive office, shall seek to ensure that the public information
5467	5467	5457campaign reaches individuals applying to public institutions of higher education under section 5
5468	5468	5458of chapter 15A of the General Laws and community colleges under section 10 of said chapter
5469	5469	545915A of the General Laws.
5470	5470	5460 (b) Not later than October 1, 2027, the department shall report to the joint committee on
5471	5471	5461education on the impact of the public information campaign, including data on the numbers of
5472	5472	5462applicants for available state scholarships and loan forgiveness programs and the awarding of
5473	5473	5463such scholarships and loan forgiveness program participants.
5474	5474	5464 SECTION 300. The state athletic commission, in coordination with the special working
5475	5475	5465group established in section 293, shall conduct a public education campaign regarding youth
5476	5476	5466sports. The commission shall exercise its discretion with regard to distribution means and
5477	5477	5467methods; provided, however, that said campaign shall be directed primarily toward parents,
5478	5478	5468coaches, youth athletes and other members of the public. The campaign shall include, but not be
5479	5479	5469limited to, the physical and mental health, personal financial and economic development impacts
5480	5480	5470of youth sports. The commission shall consult with subject matter experts in the preparation of
5481	5481	5471said campaign, including on the matters of single sport specialization, appropriate training and
5482	5482	5472overtraining conscious of athlete age and the relationship between youth sports participation and
5483	5483	5473higher education or career outcomes.
5484	5484	5474 SECTION 301. The Massachusetts clean energy technology center, in consultation with
5485	5485	5475the executive office of economic development, shall set benchmarks for the climatetech tax
5486	5486	5476incentive program established in section 16 of chapter 23J of the General Laws. After the
5487	5487	5477program has been in effect for 5 years, the center, in consultation with the executive office of 255 of 276
5488	5488	5478economic development, shall conduct an evaluation of the program by comparing climatetech
5489	5489	5479advancements in the commonwealth against those benchmarks. The center shall review progress
5490	5490	5480made towards the goals of developing and expanding climatetech industry-related employment
5491	5491	5481opportunities and climatetech-related economic development by supporting and stimulating
5492	5492	5482research, development, innovation, manufacturing, deployment and commercialization in the
5493	5493	5483climatetech sector. The center shall submit a written report to the clerks of the senate and house
5494	5494	5484of representatives, the house and senate committees on ways and means, the joint committee on
5495	5495	5485economic development and emerging technologies, the joint committee on telecommunications,
5496	5496	5486utilities and energy, the joint committee on environment and natural resources and the joint
5497	5497	5487committee on agriculture not later than December 31, 2029.
5498	5498	5488 SECTION 302. (a) The department of public health shall conduct a study to evaluate the
5499	5499	5489safety and feasibility of the sale of cottage foods in the commonwealth; provided, however, that
5500	5500	5490for the purposes of this section, "cottage foods" shall mean foods produced in a home kitchen or
5501	5501	5491similar setting and are sold directly to consumers.
5502	5502	5492 (b) The study shall: (i) assess the potential health risks associated with the production and
5503	5503	5493sale of cottage foods: (ii) evaluate current regulations and standards in other states regarding
5504	5504	5494cottage foods; (iii) analyze the economic impact on small-scale food producers and local
5505	5505	5495communities; (iv) consider consumer demand and preferences for cottage foods; and (v) identify
5506	5506	5496any necessary safeguards or regulatory measures to ensure public health and safety. The
5507	5507	5497department may consult with representatives from local boards of health, small-scale food
5508	5508	5498producers, consumer advocacy groups and food safety experts. 256 of 276
5509	5509	5499 (c) The department shall submit a report of its findings and recommendations to the joint
5510	5510	5500committee on public health and the senate and house committees on ways and means not later
5511	5511	5501than May 1, 2025.
5512	5512	5502 SECTION 303. (a) Upon the effective date of this act, all employees and officers of the
5513	5513	5503Massachusetts Growth Capital Corporation shall be deemed employees and officers of the
5514	5514	5504Massachusetts Development Finance Agency. For the purposes of this section, the Massachusetts
5515	5515	5505Growth Capital Corporation shall be the transferor agency and the Massachusetts Development
5516	5516	5506Finance Agency shall be the transferee agency.
5517	5517	5507 (c) All petitions, requests, investigations and other proceedings appropriately and duly
5518	5518	5508brought before the transferor agency or duly begun by the transferor agency and pending before
5519	5519	5509it before the effective date of this act shall continue unabated and remain in force but shall be
5520	5520	5510assumed and completed by the transferee agency.
5521	5521	5511 (d) All orders, findings, rules and regulations duly made and all approvals duly granted
5522	5522	5512by the transferor agency that are in force immediately before the effective date of this act shall
5523	5523	5513continue in force until superseded, revised, rescinded or canceled by the transferee agency.
5524	5524	5514 (e) All books, papers, records, documents, equipment, buildings, facilities, cash and other
5525	5525	5515property, both personal and real, including all such property held in trust, which immediately
5526	5526	5516before the effective date of this act are in the custody of the transferor agency, shall be
5527	5527	5517transferred to the transferee agency. All duly existing contracts, leases and obligations of the
5528	5528	5518transferor agency shall continue in effect and shall be assumed by the transferee agency. 257 of 276
5529	5529	5519 (f) All powers, duties and obligations of the transferor agency pursuant to any general or
5530	5530	5520special law shall remain in effect after the effective date of this act and shall become powers,
5531	5531	5521duties and obligations of the transferee agency.
5532	5532	5522 (g) No existing right or remedy shall be lost, impaired or affected by this section.
5533	5533	5523 (h) All references in any general or special law to the Massachusetts Growth Capital
5534	5534	5524Corporation or an officer or employee thereof shall refer to the Massachusetts Development
5535	5535	5525Finance Agency or an officer or employee thereof.
5536	5536	5526 SECTION 304. Not later than 30 days after the effective date of this act, the governor
5537	5537	5527shall appoint 5 new members of the board of directors of the Massachusetts Development
5538	5538	5528Finance Agency, 1 of whom shall be experienced in community economic development and
5539	5539	5529employed by a community development corporation or a representative of the Massachusetts
5540	5540	5530Association of Community Development Corporations, 1 of whom shall be a representative of a
5541	5541	5531community bank in the commonwealth, 1 of whom shall be a representative of an organization of
5542	5542	5532small businesses or manufacturing companies in the commonwealth, 1 of whom shall be
5543	5543	5533experienced in small business financing or restructuring and 1 of whom shall be a small business
5544	5544	5534owner.
5545	5545	5535 SECTION 305. (a) Notwithstanding any general or special law to the contrary, a certain
5546	5546	5536parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the
5547	5547	5537city of Boston shall be removed from and not be considered to be within the boundaries or a part
5548	5548	5538of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or any
5549	5549	5539other applicable law, rule or regulation to convert the parcel into a professional soccer stadium
5550	5550	5540and a waterfront park. The parcel consists of approximately 43.11 acres and is located on the 258 of 276
5551	5551	5541southeasterly side of Alford street, on the southwesterly side of Dexter street and bounded
5552	5552	5542southerly by the Mystic river and is more particularly described in a deed recorded in the land
5553	5553	5543court department of the Middlesex southern district registry of deeds as document number
5554	5554	55441554521 and recorded in the Middlesex southern district registry of deeds in book 56211, page
5555	5555	5545350 and also recorded in the land court department in the Suffolk county registry of deeds as
5556	5556	5546document number 786425 and recorded in the Suffolk county registry of deeds in book 47428,
5557	5557	5547page 145. Site redevelopment on the parcel shall be subject to licensing in accordance with 310
5558	5558	5548C.M.R. 9 as a nonwater-dependent use.
5559	5559	5549 (b) If the professional soccer stadium and waterfront park fail to be permitted and
5560	5560	5550constructed within a reasonable time after the effective date of this act, as determined by the
5561	5561	5551secretary of energy and environmental affairs, subsection (a) shall be void and the port area
5562	5562	5552designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be
5563	5563	5553restored to the parcel; provided, however, that such determination of a reasonable time period
5564	5564	5554shall not be made earlier than 5 years after the effective date of this act.
5565	5565	5555 Nothing in this section shall exempt or alter the site’s obligations under chapter 91 of the
5566	5566	5556General Laws or 310 C.M.R. 9 beyond designated port area-related use restrictions.
5567	5567	5557 (c) The department of environmental protection, in consultation with the office of coastal
5568	5568	5558zone management, shall: (i) complete a review of existing designated port area criteria and use
5569	5569	5559restrictions; and (ii) update relevant regulations based on the results of the review; provided,
5570	5570	5560however, that updates to regulations shall include, but not be limited to: (A) the protection of
5571	5571	5561traditional maritime industrial activities; (B) the addition of allowable uses consistent with future
5572	5572	5562maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses 259 of 276
5573	5573	5563within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new
5574	5574	5564allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating
5575	5575	5565working port easements to purchase development rights from landowners in designated port
5576	5576	5566areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure,
5577	5577	5567including conversion from 1 designated port area use to another designated port area use; (G)
5578	5578	5568consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new
5579	5579	5569and adjacent areas that could be added to designated port areas to reduce net loss of acreage.
5580	5580	5570 (d) Except for any boundary adjustments provided for in subsection (a), there shall be no
5581	5581	5571boundary adjustments to designated port areas until the review required in subsection (c) is
5582	5582	5572completed; provided, however, that the department and the office shall complete the review not
5583	5583	5573later than January 1, 2025; and provided further, that the department and the office may continue
5584	5584	5574to conduct boundary reviews.
5585	5585	5575 (e) The commonwealth, having previously transferred control to and taken on the behalf
5586	5586	5576of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state
5587	5587	5577highway location, layout no. 5242, dated September 11, 1962, and shown as Parcel No. 8 in an
5588	5588	5578order of taking recorded with layout no. 5242 in the Suffolk county registry of deeds in book
5589	5589	55797681, page 307, as shown on the plan filed therewith, and also shown as parcel 0201831001 on
5590	5590	5580the city of Boston assessors’ maps, shall transfer, remise and release to the city of Boston any
5591	5591	5581interest the commonwealth may have in such parcel.
5592	5592	5582 SECTION 306. The initial regulations required to be promulgated by the executive office
5593	5593	5583of energy and environmental affairs or its designated agency under section 29 of chapter 21A of
5594	5594	5584the General Laws and the initial regulations required to be promulgated by the division of 260 of 276
5595	5595	5585standards under section 59 of chapter 98 of the General Laws shall be promulgated not later than
5596	5596	5586February 1, 2026 and shall apply to chargers installed on or after June 1, 2026.
5597	5597	5587 SECTION 307. Notwithstanding any general or special law to the contrary, the secretary
5598	5598	5588of administration and finance, following a public hearing, shall increase the fee for obtaining or
5599	5599	5589renewing a license, certificate, registration, permit or authority issued by a board within the
5600	5600	5590department of public health, excluding the board of registration in medicine, as necessary to
5601	5601	5591implement the provisions of chapter 112A of the General Laws. The amount of the increase in
5602	5602	5592fees shall be deposited in the Quality in Health Professions Trust Fund established in section
5603	5603	559335X of chapter 10.
5604	5604	5594 SECTION 308. Not later than 1 year after the effective date of this act, the department of
5605	5605	5595youth services shall file a report with the clerks of the senate and house of representatives and
5606	5606	5596the senate and house committees on ways and means detailing the impact of integrating 18-year-
5607	5607	5597olds into the care and custody of the department of youth services; including, but not limited to:
5608	5608	5598(i) the number of 18-year-olds in department of youth services custody and (ii) the offenses
5609	5609	5599committed.
5610	5610	5600 SECTION 309. (a) As used in this section, the following words shall have the following
5611	5611	5601meanings unless the context clearly requires otherwise:-
5612	5612	5602 “Candidate”, shall have the same meanings as in section 1 of chapter 55.
5613	5613	5603 “Materially deceptive audio or visual media”, an image or audio or video recording
5614	5614	5604concerning the safety or regular operations of an election or candidate’s appearance, speech or
5615	5615	5605conduct that has been fabricated or intentionally manipulated in a manner such that the image or
5616	5616	5606audio or video recording would: (i) falsely appear to a reasonable person to be authentic; and (ii) 261 of 276
5617	5617	5607would cause a reasonable person to have a fundamentally different understanding or impression
5618	5618	5608of the expressive content of such image or audio or video recording than that person would have
5619	5619	5609if the person were hearing or seeing an unaltered, original image or audio or video recording.
5620	5620	5610 “Person”, an individual, corporation, political committee, association, operation, firm,
5621	5621	5611partnership, trust or other form of business or personal association.
5622	5622	5612 “Political party”, shall have the same meaning as in section 1 of chapter 50 of the General
5623	5623	5613Laws.
5624	5624	5614 (b) Except as provided in subsection (c), a person, candidate, campaign committee,
5625	5625	5615political action committee, political issues committee, political party or other entity shall not,
5626	5626	5616within 90 days of an election at which a candidate for elective office will appear on the ballot,
5627	5627	5617distribute with actual malice materially deceptive audio or visual media: (i) depicting the
5628	5628	5618candidate with the intent to injure the candidate’s reputation or deceive a voter into voting for or
5629	5629	5619against the candidate; or (ii) concerning the safety or regular operations of an election intended
5630	5630	5620to disrupt the integrity of the electoral process.
5631	5631	5621 (c)(1) Subsection (b) shall not apply if the audio or visual media includes a disclosure
5632	5632	5622stating: “This _____ has been manipulated.”
5633	5633	5623 (2) The blank in the disclosure required by paragraph (1) shall be filled with the
5634	5634	5624following terms that most accurately describe the media: (i) image; (ii) video; or (iii) audio.
5635	5635	5625 (3)(i) For visual media, the text of the disclosure shall appear in a size that is easily
5636	5636	5626readable by the average viewer and no smaller than the largest font size of other text appearing in
5637	5637	5627the visual media; provided, however, that if the visual media does not include any other text, the 262 of 276
5638	5638	5628disclosure shall appear in a size that is easily readable by the average viewer. For visual media
5639	5639	5629that is video, the disclosure shall appear for the duration of the video.
5640	5640	5630 (ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken
5641	5641	5631manner and in a pitch that can be easily heard by the average listener, at the beginning of the
5642	5642	5632audio, at the end of the audio and, if the audio is greater than 2 minutes in length, interspersed
5643	5643	5633within the audio at intervals of not greater than 2 minutes each.
5644	5644	5634 (d)(1) A candidate for elective office whose voice or likeness appears in a materially
5645	5645	5635deceptive audio or visual media distributed in violation of this section or the attorney general
5646	5646	5636may seek injunctive or other equitable relief prohibiting the distribution of such audio or visual
5647	5647	5637media.
5648	5648	5638 (2) A candidate for elective office whose voice or likeness appears in a materially
5649	5649	5639deceptive audio or visual media distributed in violation of this section may bring an action for
5650	5650	5640general or special damages against a person, candidate, campaign committee, political action
5651	5651	5641committee, political issues committee, political party or other entity that distributed the
5652	5652	5642materially deceptive audio or visual media. A court may also award a prevailing party reasonable
5653	5653	5643attorney’s fees and costs. This subsection shall not limit or preclude a plaintiff from securing or
5654	5654	5644recovering any other available legal remedy.
5655	5655	5645 (3) In any civil action alleging a violation of this section, the plaintiff shall bear the
5656	5656	5646burden of establishing the violation through clear and convincing evidence.
5657	5657	5647 (e)(1) This section shall not alter or negate any rights, obligations or immunities of an
5658	5658	5648interactive service provider under 47 U.S.C. section 230. 263 of 276
5659	5659	5649 (2) This section shall not apply to a radio or television broadcasting station, including a
5660	5660	5650cable or satellite television operator, programmer, producer or mobile application or streaming
5661	5661	5651service that broadcasts materially deceptive audio or visual media prohibited by this section as
5662	5662	5652part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of bona
5663	5663	5653fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a
5664	5664	5654manner that can be easily heard or read by the average listener or viewer, that there are questions
5665	5665	5655about the authenticity of the materially deceptive audio or visual media.
5666	5666	5656 (3) This section shall not apply to a radio or television broadcasting station, including a
5667	5667	5657cable or satellite television operator, programmer, producer or mobile application or streaming
5668	5668	5658service when it is paid to broadcast materially deceptive audio or visual media.
5669	5669	5659 (4) This section shall not apply to an internet website or a regularly published newspaper,
5670	5670	5660magazine or other periodical of general circulation, including an internet or electronic
5671	5671	5661publication, that routinely carries news and commentary of general interest, and that publishes
5672	5672	5662materially deceptive audio or visual media prohibited by this section, if the publication clearly
5673	5673	5663states that the materially deceptive audio or visual media does not accurately represent the
5674	5674	5664speech or conduct of the candidate.
5675	5675	5665 (5) This section shall not apply to materially deceptive audio or visual media that
5676	5676	5666constitutes satire or parody.
5677	5677	5667 SECTION 310. (a) Notwithstanding section 39M of chapter 30 of the General Laws,
5678	5678	5668chapter 149 of the General Laws or chapter 149A of the General Laws, a public agency or
5679	5679	5669municipality may require a project labor agreement on contracts for public works construction
5680	5680	5670and may require the project labor agreement to be incorporated into the contract specifications; 264 of 276
5681	5681	5671provided, however, that prior to including a project labor agreement requirement and prior to
5682	5682	5672issuing a request for proposals or bids, the public agency or municipality shall make a
5683	5683	5673determination that the project labor agreement on a specific project is in the best interest of the
5684	5684	5674commonwealth, public agency or municipality.
5685	5685	5675 (b) In making a determination of the best interest of the commonwealth, public agency or
5686	5686	5676municipality pursuant to subsection (a), the agency or municipality shall consider the effects a
5687	5687	5677project labor agreement may have on: (i) construction efficiency, cost and direct and indirect
5688	5688	5678economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply
5689	5689	5679of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of
5690	5690	5680delays or disruptions to, the construction process; (iv) the safety and quality of the public
5691	5691	5681construction project; (v) the expansion of apprenticeship programs and workforce development
5692	5692	5682in the construction industry; and (vi) the promotion of employment and training opportunities for
5693	5693	5683women, minority workers and veterans.
5694	5694	5684 (c) The department of labor standards shall promulgate regulations to increase diversity
5695	5695	5685of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain
5696	5696	5686percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce
5697	5697	5687reflecting the demographics, to the extent possible, where a project is located.
5698	5698	5688 SECTION 311. There shall be a special commission to study and recommend ways to
5699	5699	5689regulate micro-mobility vehicles. The study shall include, but not be limited to: (i) a review of
5700	5700	5690current state and local laws and regulations for micro-mobility vehicles; (ii) recommendations to
5701	5701	5691regulate micro mobility vehicles, including on bike paths, sidewalks and shared use paths; and 265 of 276
5702	5702	5692(iii) recommendations to support the expansion of micro-mobility vehicle use and innovation
5703	5703	5693including shared micro-mobility options for municipalities.
5704	5704	5694 The commission shall consist of: the secretary of transportation or a designee, who shall
5705	5705	5695serve as chair; 1 person to be appointed by the senate president; 1 person to be appointed by the
5706	5706	5696speaker of the house of representatives; 1 person to be a representative of Consulting Planners of
5707	5707	5697Massachusetts; 2 persons to be representatives of Massachusetts Municipal Association, Inc., 1
5708	5708	5698of whom shall represent a town and 1 of whom shall represent a city; the commissioner of
5709	5709	5699conservation and recreation or a designee; 3 persons to be appointed by the secretary of
5710	5710	5700transportation, 1 of whom shall have experience in and knowledge of the electric bicycle sector,
5711	5711	57011 of whom shall have experience in and knowledge of the electric scooter industry and 1 of
5712	5712	5702whom shall have mobility business experience; 1 person to be a representative of
5713	5713	5703WalkMassachusetts; 1 person to be a representative of MassBike; the secretary of public safety
5714	5714	5704and security or a designee; 1 person to be a representative of Massachusetts Major City Chiefs of
5715	5715	5705Police Association, Inc.; and 1 person to be a representative of the National Bicycle Dealers
5716	5716	5706Association.
5717	5717	5707 The commission shall file a report of its findings and recommendations with the clerks of
5718	5718	5708the senate and house of representatives and the senate and house committees on ways and means
5719	5719	5709not later than December 1, 2024.
5720	5720	5710 SECTION 312. (a) The secretary of energy and environmental affairs shall convene an
5721	5721	5711electric vehicle battery recycling commission to review and advise the general court on policies
5722	5722	5712pertaining to the recovery and recycling of electric vehicle batteries in the commonwealth. The
5723	5723	5713commission shall consult with universities and research institutions that have conducted research 266 of 276
5724	5724	5714in the area of battery recycling with manufacturers of electric and hybrid vehicles and with the
5725	5725	5715recycling industry.
5726	5726	5716 (b) The commission shall be composed of: the secretary of energy and environmental
5727	5727	5717affairs or a designee, who shall serve as chair; the chairs of the joint committee on environment
5728	5728	5718and natural resources; members to be appointed by the chair of the commission from each of the
5729	5729	5719following: (i) the department of energy resources; (ii) the department of environmental
5730	5730	5720protection; ; (iii) a vehicle manufacturer or an organization that represents one or more vehicle
5731	5731	5721manufacturers; (iv) a standards-developing organization that has a focus on automotive
5732	5732	5722engineering; (v) an electronic waste recycler or an organization that represents one or more
5733	5733	5723electronic waste recyclers; (vi) 1 or more companies specializing in the recycling of electric
5734	5734	5724vehicle batteries, with demonstrated expertise in providing end-of-life battery management
5735	5735	5725solutions, including recovering materials from end-of-life batteries and manufacturing
5736	5736	5726sustainable battery materials; (vii) a motor vehicle repair shop or an organization that represents
5737	5737	57271 or more motor vehicle repair shops; (viii) a motor vehicle junkyard or an organization that
5738	5738	5728represents one or more motor vehicle junkyards; (ix) 1 or more environmental organizations that
5739	5739	5729specializes in waste reduction and recycling; (x) a representative of the energy storage industry;
5740	5740	5730and (xi) an electric vehicle battery manufacturer.
5741	5741	5731 (c) On or before September 1, 2025, the electric vehicle battery recycling commission
5742	5742	5732shall submit a report and policy recommendations to the general court aimed at ensuring that as
5743	5743	5733close as possible to 100 per cent of electric vehicle batteries in the commonwealth are reused or
5744	5744	5734recycled at end-of-life in a safe and cost-effective manner. The policy recommendations shall
5745	5745	5735reflect entire lifecycle considerations for electric vehicle batteries, including, but not limited to,
5746	5746	5736opportunities and barriers to the reuse of those batteries as energy storage systems after they are 267 of 276
5747	5747	5737removed from the vehicle, opportunities to the extend the life of those batteries, best
5748	5748	5738management considerations for those batteries at end-of-life, and the overall effect of different
5749	5749	5739management practices on the environment and on local economic development. In developing
5750	5750	5740the policy recommendations, the commission shall consider both in-state and out-of-state options
5751	5751	5741for the recycling of electric vehicle batteries and the possibility of establishing an extended
5752	5752	5742producer responsibility program for electric vehicle batteries.
5753	5753	5743 SECTION 313. (a) Notwithstanding any general or special law to the contrary, the
5754	5754	5744division of capital asset management and maintenance may enter into an agreement to accept
5755	5755	5745title to the property at 182 Union street in the city of New Bedford conveying the premises as
5756	5756	5746covered by a lease dated February 28, 2000, as amended. Said conveyance shall take place as
5757	5757	5747soon as possible and a deed of conveyance shall be executed by the seller to the commonwealth
5758	5758	5748of the premises at 182 Union street in the city of New Bedford. The donation of the real estate
5759	5759	5749for exclusively public purposes, prior to acceptance by the division, shall require an independent
5760	5760	5750appraisal of the property’s fair market value and a phase I environmental study to ensure that the
5761	5761	5751property has no environmental damage or other environmental issues that would expose the
5762	5762	5752division to liability. The inspector general shall review and comment on the appraisal and study
5763	5763	5753within 60 days of receipt. Following the appraisal and phase I environmental study, the
5764	5764	5754division’s legal counsel shall issue a written opinion regarding acceptance of the proposed real
5765	5765	5755estate donation for final review and an acceptance decision by the secretary of administration and
5766	5766	5756finance, which shall consider the: (i) usefulness of the property for public purposes including, but
5767	5767	5757not limited to, artist lofts, studios and public gallery space; (ii) marketability of the property
5768	5768	5758relative to its condition; (iii) any restrictions, reservations, easements or other limitations 268 of 276
5769	5769	5759associated with the property; (iv) the results of the environmental study; and (v) any potential
5770	5770	5760liability for cleanup or restoration of the property that may be imposed upon a transferee by law.
5771	5771	5761 (b) Within 180 days of an acceptance decision by the secretary and subsequent
5772	5772	5762conveyance of said property to the commonwealth, the division shall hold at least one 1 public
5773	5773	5763hearing in the city of New Bedford in collaboration with the Waterfront Historic Area League of
5774	5774	5764New Bedford, Inc., People Acting in Community Endeavors, Inc., Massachusetts Design Art &
5775	5775	5765Technology Institute, Inc., Bristol Community College, Bridgewater State University and the
5776	5776	5766Massachusetts Development Finance Agency to gather community input on appropriate public
5777	5777	5767purposes for the premises, including, but not limited to, artist lofts, studios and public gallery
5778	5778	5768space.
5779	5779	5769 (c) Following a public hearing in accordance with subsection (b), the division may lease,
5780	5780	5770for a term not to exceed 35 years, inclusive of any options for renewal or extension of such lease,
5781	5781	5771all or a portion of the premises at 182 Union street in the city of New Bedford to the
5782	5782	5772Massachusetts Development Finance Agency, or other public entity or nonprofit organization
5783	5783	5773deemed appropriate by the division, to implement the public purposes identified pursuant to said
5784	5784	5774public hearing process, subject to appropriation. Consideration for said lease shall be $1.
5785	5785	5775 SECTION 314. Notwithstanding any general or special law to the contrary, the
5786	5786	5776unexpended and unencumbered balances of the bond-funded authorizations in the following
5787	5787	5777accounts shall cease to be available for expenditure 180 days after the effective date of this act:
5788	5788	57787002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020,
5789	5789	57797002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035,
5790	5790	57807002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055, 7002-8065. 269 of 276
5791	5791	5781 SECTION 315. Notwithstanding any general or special law to the contrary, to meet the
5792	5792	5782expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon
5793	5793	5783request of the governor, issue and sell bonds of the commonwealth in an amount to be specified
5794	5794	5784by the governor from time to time but not exceeding, in the aggregate, $2,464,190,000. All
5795	5795	5785bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act
5796	5796	5786Relative to Strengthening Massachusetts’ Economic Leadership” and shall be issued for a
5797	5797	5787maximum term of years, not exceeding 30 years, as the governor may recommend to the general
5798	5798	5788court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided,
5799	5799	5789however, that all such bonds shall be payable not later than June 30, 2059. All interest and
5800	5800	5790payments on account of principal on such obligations shall be payable from the General Fund.
5801	5801	5791Bonds issued under this section and interest thereon shall, notwithstanding any other provision of
5802	5802	5792this act, be general obligations of the commonwealth.
5803	5803	5793 SECTION 316. (a)(1) Notwithstanding any general or special law to the contrary, and
5804	5804	5794subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and
5805	5805	5795recreation shall lease to the New Bedford Harbor Development Commission, doing business as
5806	5806	5796the New Bedford Port Authority, a certain area in and over the waters of the Acushnet river in
5807	5807	5797the city of New Bedford, together with improvements thereon and all easements, rights,
5808	5808	5798privileges and appurtenances thereto for the operation and maintenance of a recreational marine
5809	5809	5799boating facility and recreational area known as the Pope’s Island Marina for a term of 10 years
5810	5810	5800with 2 5-year options to extend.
5811	5811	5801 (2) The New Bedford Harbor Development Commission shall not enter into sub-
5812	5812	5802agreements for the operation and maintenance of the marina without prior written authorization
5813	5813	5803from the commissioner of conservation and recreation. True copies of any such written 270 of 276
5814	5814	5804authorization shall be filed with the clerks of the senate and house of representatives not later
5815	5815	5805than 45 days after execution.
5816	5816	5806 (b) The lease and any extensions executed under this section shall be on terms and
5817	5817	5807conditions acceptable to the commissioner of conservation and recreation; provided, however,
5818	5818	5808that the lease and any extensions thereof shall provide, at its sole cost and expense, that the New
5819	5819	5809Bedford Harbor Development Commission: (i) provide oversight, operations, maintenance and
5820	5820	5810repair of the property, including the land, facilities and appurtenances associated therewith
5821	5821	5811during the term of the lease; (ii) shall carry comprehensive general liability insurance naming the
5822	5822	5812commonwealth as a co-insured, protecting the commonwealth against all claims for personal
5823	5823	5813injury or property damage arising from the use of the land and appurtenances associated
5824	5824	5814therewith during the term of the lease and any extension thereof; (iii) subject to clauses (v) and
5825	5825	5815(vi), may retain revenues from usage fees during the term of the lease and the proceeds from
5826	5826	5816concessions associated with use of the property for the sole purpose of the design, construction,
5827	5827	5817operation, programming, maintenance and repair expenses of the property over the course of the
5828	5828	5818lease in addition to a 1-time reimbursement for costs defined herein; (iv) may charge not more
5829	5829	5819than $90 per linear foot for use of slips without prior written authorization from the
5830	5830	5820commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared
5831	5831	5821with the department of conservation and recreation, not less than $100,000 annually, adjusted to
5832	5832	5822the price adjustment formulae indices every 5 years, to fund capital investments of the property;
5833	5833	5823(vi) shall pay to the department of conservation, in quarterly installments, 10 per cent of the
5834	5834	5824annual gross revenues defined as total gross revenues after deduction of the $100,000 described
5835	5835	5825in clause (v); (vii) shall, not later than 3 months after the close of each calendar year, prepare an
5836	5836	5826annual report detailing its performance against the goals for the prior year, detailing all revenues 271 of 276
5837	5837	5827and expenditures of funds for the prior year pursuant to this section, regardless of source, and
5838	5838	5828specifying all usage and programming fee rates associated with planned programs and activities,
5839	5839	5829and submit the report to the commissioner of conservation and recreation; (viii) shall not design,
5840	5840	5830install or construct any facilities on the property without the written approval of the
5841	5841	5831commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x)
5842	5842	5832shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground
5843	5843	5833facility; and (xi) may be responsible for outreach and stewardship with the written approval of
5844	5844	5834the commissioner of conservation and recreation.
5845	5845	5835 (c) The lease and any extensions thereof executed under this section shall each be
5846	5846	5836reviewed by the inspector general for comment and recommendation.
5847	5847	5837 (d) Before entering into the lease, the commissioner of conservation and recreation shall
5848	5848	5838determine the exact boundaries of the property after completion of a title examination and a
5849	5849	5839survey each commissioned by the department of conservation and recreation.
5850	5850	5840 (e) The New Bedford Harbor Development Commission shall be responsible for all costs
5851	5851	5841and expenses associated with any engineering, surveys, appraisals and lease preparation related
5852	5852	5842to the execution of the lease and any extensions thereof under this section; provided, however,
5853	5853	5843that the commonwealth shall not be required to contribute to any such costs.
5854	5854	5844 (f) Within 90 days of the effective date of this section, the commissioner of conservation
5855	5855	5845and recreation shall issue to the New Bedford Harbor Development Commission a license to
5856	5856	5846operate and maintain the marina. The terms of said license shall be consistent with this section.
5857	5857	5847 (g) If the land, building and facilities, field and appurtenances comprising the property
5858	5858	5848cease to be used by the New Bedford Harbor Development Commission for the purposes and in 272 of 276
5859	5859	5849the manner described in this section at any time before the conclusion of the lease term, the
5860	5860	5850property shall revert to the commonwealth upon such terms and conditions as the commissioner
5861	5861	5851of department of conservation and recreation may determine, and shall be assigned to the care,
5862	5862	5852custody and control of the department of conservation and recreation.
5863	5863	5853 (h) If the commissioner of conservation and recreation fails to enter into a lease with the
5864	5864	5854New Bedford Harbor Development Commission pursuant subsection (a) before July 1, 2025, the
5865	5865	5855commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee
5866	5866	5856to operate and maintain the Pope’s Island Marina and recreational area. Any lease resulting from
5867	5867	5857a request for proposals process pursuant to this section shall be for a term not to exceed 20 years,
5868	5868	5858inclusive of any extensions.
5869	5869	5859 (i) Funds authorized for the Pope’s Island Marina and the adjoining recreational area in
5870	5870	5860item 2300-7026 of chapter 286 of the acts of 2014, as extended by chapter 140 of the acts of
5871	5871	58612022, and in item 6720-2261 of chapter 176 of the acts of 2022 shall be made available to
5872	5872	5862advance the lease agreement pursuant to this section.
5873	5873	5863 SECTION 317. Notwithstanding any general or special law to the contrary, to meet the
5874	5874	5864expenditures necessary in carrying out section 2C, the state treasurer shall, upon request of the
5875	5875	5865governor, issue and sell bonds of the commonwealth in an amount to be specified by the
5876	5876	5866governor from time to time but not exceeding, in the aggregate $400,000,000. All bonds issued
5877	5877	5867by the commonwealth as aforesaid shall be designated on their face “An Act Relative to
5878	5878	5868Strengthening Massachusetts’ Economic Leadership ,” and shall be issued for a maximum term
5879	5879	5869of years, not exceeding 30 years, as the governor may recommend to the general court pursuant
5880	5880	5870to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all 273 of 276
5881	5881	5871such bonds shall be payable not later than June 30, 2064. All interest and payments on account of
5882	5882	5872principal on such obligations shall be payable from the General Fund. Bonds issued under this
5883	5883	5873section and interest thereon shall, notwithstanding any other provision of this act, be general
5884	5884	5874obligations of the commonwealth.
5885	5885	5875 SECTION 318. Subsection (gg) of section 6 of chapter 62 of the General Laws and
5886	5886	5876section 38RR of chapter 63 of the General Laws shall apply to taxable years beginning on or
5887	5887	5877after January 1 of the first year following the effective date of this act which follows a fiscal year
5888	5888	5878that closes with a consolidated net surplus of not less than $400,000,000 pursuant to section 5C
5889	5889	5879of chapter 29 of the General Laws. Annually, not later than 30 days after the comptroller
5890	5890	5880certifies the amount of the consolidated net surplus pursuant to said section 5C of said chapter
5891	5891	588129, the commissioner of revenue shall certify to the secretary of administration and finance
5892	5892	5882whether said subsection (gg) of said section 6 of said chapter 62 and said section 38RR of said
5893	5893	5883chapter 63 shall take effect pursuant to this section; provided, however, that no such certification
5894	5894	5884shall be required in any year after the first year in which said subsection (gg) of said section 6 of
5895	5895	5885said chapter 62 and said section 38RR of said chapter 63 take effect.
5896	5896	5886 SECTION 319. If a district or charter school has a diversity officer or team already in
5897	5897	5887place on the effective date of section 100 of chapter 71 of the General Laws, they shall be
5898	5898	5888deemed to be in compliance with said section 100 of said chapter 71.
5899	5899	5889 SECTION 320. (a) Not later than 1 year after the effective date of this act and before the
5900	5900	5890adoption of any regulation for the administration of the state action for public health excellence
5901	5901	5891program pursuant to section 27D of chapter 111 of the General Laws the department of public
5902	5902	5892health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the 274 of 276
5903	5903	5893commonwealth or online to identify ways to improve the efficiency and effectiveness of the
5904	5904	5894delivery of local public health services, in alignment with the recommendations of the special
5905	5905	5895commission on local and regional public health established in chapter 3 of the resolves of 2016.
5906	5906	5896 (b) Not later than March 31, 2025, the department of public health shall submit a report to
5907	5907	5897the clerks of the house of representatives and the senate, the house and senate committee on
5908	5908	5898ways and means and the joint committee on public health. The report shall include an analysis of
5909	5909	5899needs, opportunities, challenges, timeline and cost analysis for the implementation of section
5910	5910	590027D of said chapter 111.
5911	5911	5901 SECTION 321. The special commission on local and regional public health established in
5912	5912	5902chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2024. As
5913	5913	5903soon as possible following the effective date of this act, the department shall convene the special
5914	5914	5904commission at least once to review the amendments to section 27D of chapter 111 of the General
5915	5915	5905Laws and funding available to support and enhance the commonwealth’s local and regional
5916	5916	5906public health system.
5917	5917	5907 SECTION 322. The standards for foundational public health services developed pursuant
5918	5918	5908to subsections (b) and (c) of section 27D of chapter 111 of the General Laws shall be consistent
5919	5919	5909with the recommendations of the report of the special commission on local and regional and
5920	5920	5910public health approved in June 2019 and shall be implemented and complied with by a phased
5921	5921	5911schedule adopted by the department of public health. The department of public health shall
5922	5922	5912publish a list of the local public health standards established pursuant to said subsections (b) and
5923	5923	5913(c) of said section 27D of said chapter 111 not later than 90 days following the effective date of
5924	5924	5914this act. 275 of 276
5925	5925	5915  SECTION 323. Subsection (gg) of section 6 of chapter 62 of the General Laws is hereby
5926	5926	5916repealed.
5927	5927	5917 SECTION 324. Section 38RR of chapter 63 of the General Laws is hereby repealed.
5928	5928	5918 SECTION 325. Sections 4, 6, 101, 102, 114, 165 to 169, inclusive, 179 to 218, inclusive,
5929	5929	5919254 and 257 to 280, inclusive, shall take effect 1 year after the effective date of this act.
5930	5930	5920 SECTION 326. Section 309 is hereby repealed.
5931	5931	5921 SECTION 327. Section 164 shall take effect on January 1, 2025.
5932	5932	5922 SECTION 328. The director of campaign and political finance shall promulgate
5933	5933	5923regulations to implement section 122 not later than December 31, 2024.
5934	5934	5924 SECTION 329. The board of elementary and secondary education shall promulgate rules
5935	5935	5925and regulations to implement section 37 of chapter 69 of the General Laws and section 38G3/4
5936	5936	5926of chapter 71 of the General Laws.
5937	5937	5927 SECTION 330. Sections 323 and 324 shall take effect on January 1 of the sixth tax year
5938	5938	5928following the effective date of subsection (gg) of section 6 of chapter 62 of the General Laws
5939	5939	5929and section 38RR of chapter 63 of the General Laws as determined pursuant to section 318.
5940	5940	5930 SECTION 331. Sections 95, 127 and 151, subsections (ee) and (ff) of section 6 of chapter
5941	5941	593162 of the General Laws and sections 38OO to 38QQ, inclusive, of chapter 63 of the General
5942	5942	5932Laws shall apply to tax years beginning on or after January 1, 2024.
5943	5943	5933 SECTION 332. Section 326 shall take effect on February 1, 2025. 276 of 276
5944	5944	5934 SECTION 333. (a) Section 245 of chapter 111 of the General Laws shall take effect on
5945	5945	5935January 1, 2025.
5946	5946	5936 (b) Every hospital and freestanding ambulatory surgical center licensed in the
5947	5947	5937commonwealth under chapter 111 of the General Laws shall report to the department of public
5948	5948	5938health by April 1, 2025 regarding the policies they have adopted to comply with section 245 of
5949	5949	5939said chapter 111.
5950	5950	5940 SECTION 334. Sections 283 and 284 shall take effect upon the conveyance of the
5951	5951	5941property at 182 Union street in the city of New Bedford to the commonwealth pursuant to section
5952	5952	5942313.
5953	5953	5943 SECTION 335. The first annual program summary required by subsection (n) of section
5954	5954	5944243 of chapter 111 of the General Laws shall be submitted not later than December 31, 2025.
5955	5955	5945 SECTION 346. Subsection (o) of section 243 of chapter 111 of the General Laws shall
5956	5956	5946take effect on January 1, 2025.