Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2891 Compare Versions

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2	2	SENATE . . . . . . . . . . . . . . No. 2891
3	3	Senate, July 24, 2023 -- Text of the Senate amendment to the House Bill making appropriations
4	4	for the fiscal year 2024 to provide for supplementing certain existing appropriations and for
5	5	certain other activities and projects (House, No. 4799).
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 supplementing certain items in the general appropriation act
12	12	2and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
13	13	3appropriated from the General Fund, the Transitional Escrow Fund established in section 16 of
14	14	4chapter 76 of the acts of 2021 or the federal COVID-19 response fund established in section
15	15	52JJJJJ of chapter 29 of the General Laws unless specifically designated otherwise in this act or in
16	16	6those appropriation acts, for the several purposes and subject to the conditions specified in this
17	17	7act or in those appropriation acts and subject to the laws regulating the disbursement of public
18	18	8funds for the fiscal year ending June 30, 2024. These sums shall be in addition to any amounts
19	19	9previously appropriated and made available for the purposes of those items. Except as otherwise
20	20	10provided, these sums shall be made available through the fiscal year ending June 30, 2025.
21	21	11 SECTION 2.
22	22	12 SECRETARY OF THE COMMONWEALTH
23	23	13 0521-0000Elections Division……………………………………………..$2,834,250
24	24	14 TREASURER AND RECEIVER-GENERAL 2 of 39
25	25	15 Alcoholic Beverages Control Commission
26	26	16 0610-0050Alcoholic Beverages Control Commission ……………………. $232,499
27	27	17 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
28	28	18 Department of Revenue
29	29	19 1233-2000Tax Abatements for Veterans, Widows, Blind Persons and the
30	30	20Elderly……………………………………………………… $5,570,381
31	31	21 Reserves
32	32	22 1599-0793Critical Health and Human Services Workforce Reserve…..$61,077,257
33	33	23 1599-6073VOCA Bridge……………………………………………… $20,000,000
34	34	24 1599-9817ARPA HCBS Reserve……………………………………... $228,000,000
35	35	25 Operational Services Division
36	36	26 1775-0700Reprographic Services Retained Revenue…………………. $400,000
37	37	27 EXECUTIVE OFFICE OF EDUCATION
38	38	28 Department of Early Education and Care
39	39	29 3000-4060Income-Eligible Child Care………………………………... $29,672,801
40	40	30 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
41	41	31 Department of Transitional Assistance
42	42	32 4400-1004Healthy Incentives Program……………………………….. $5,100,000 3 of 39
43	43	33 Department of Public Health
44	44	34 4513-1002Women, Infants and Children Nutrition Services………….. $2,130,571
45	45	35 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
46	46	36 Department of State Police
47	47	37 8100-0102Troop F Retained Revenue………………………………… $7,000,000
48	48	38 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
49	49	39alteration of purpose for current appropriations and to meet certain requirements of law, the sums
50	50	40set forth in this section are hereby appropriated from the General Fund or the Transitional
51	51	41Escrow Fund established in section 16 of chapter 76 of the acts of 2021 unless specifically
52	52	42designated otherwise in this section, for the several purposes and subject to the conditions
53	53	43specified in this section, and subject to the laws regulating the disbursement of public funds for
54	54	44the fiscal year ending June 30, 2024. Except as otherwise stated, these sums shall be made
55	55	45available through the fiscal year ending June 30, 2025.
56	56	46 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
57	57	47 Office of the Secretary
58	58	48 4000-1202For the distribution of funds for fiscally strained hospitals; provided, that
59	59	49notwithstanding any general or special law to the contrary, the secretary of health and human
60	60	50services shall direct monthly payments to eligible hospitals in the form of enhanced Medicaid
61	61	51payments, supplemental payments or other appropriate mechanisms; provided further, that each
62	62	52payment made to an eligible hospital shall be allocated in direct proportion to each eligible
63	63	53hospital’s average monthly Medicaid payments, as determined by the secretary, for inpatient and 4 of 39
64	64	54outpatient acute hospital services for the preceding year or the most recent year for which data is
65	65	55available; provided further, that such enhanced Medicaid payments shall not be used in
66	66	56subsequent years by the secretary to calculate an eligible hospital’s average monthly payment;
67	67	57provided further, that such payments shall not offset existing Medicaid payments for which an
68	68	58eligible hospital may be qualified to receive; provided further, that the secretary may require as a
69	69	59condition of receiving payment any such reasonable condition of payment that the secretary
70	70	60determines necessary to ensure the availability, to the extent possible, of federal financial
71	71	61participation for the payments and the secretary may incur expenses and the comptroller may
72	72	62certify amounts for payment in anticipation of expected receipt of federal financial participation
73	73	63for the payments; provided further, that the executive office of health and human services may
74	74	64promulgate regulations as necessary to carry out this item; provided further, that for the purposes
75	75	65of this item, “eligible hospital” shall mean an acute care hospital licensed under section 51 of
76	76	66chapter 111 of the General Laws that: (i) has a statewide relative price less than 0.99, as
77	77	67calculated by the center for health information and analysis according to data from the most
78	78	68recent available year; (ii) has a public payer mix greater than 63 per cent, as calculated by the
79	79	69center for health information and analysis according to data from the most recent available year;
80	80	70and (iii) is not owned by or financially consolidated or corporately affiliated with a provider
81	81	71organization, as defined by section 1 of chapter 6D of the General Laws, that, as reported by the
82	82	72center for health information and analysis in the fiscal year 2022 hospital cost report database:
83	83	73(A) owns or controls 4 or more acute care hospitals licensed under said section 51 of said chapter
84	84	74111; or (B) through which the total net assets of all affiliated acute care hospitals within the
85	85	75provider organization is greater than $800,000,000; provided further, that for the purposes of
86	86	76determining an acute care hospital’s eligibility, a hospital’s mere clinical affiliation with a 5 of 39
87	87	77provider organization, absent ownership, financial consolidation or corporate affiliation shall not
88	88	78disqualify an eligible hospital from payments authorized under this item; and provided further,
89	89	79that eligible hospitals may consider expending said payments to strengthen behavioral health
90	90	80supports and services ………………………………………………………………$45,000,000
91	91	81 4000-1998For the distribution of funds for fiscally strained community health
92	92	82centers; provided, that notwithstanding any general or special law to the contrary, the secretary
93	93	83of health and human services shall direct monthly payments to eligible community health centers
94	94	84in the form of enhanced Medicaid payments, supplemental payments or other appropriate
95	95	85mechanisms; provided further, that payments to eligible community health centers shall be
96	96	86allocated as determined by the secretary in consultation with the Massachusetts League of
97	97	87Community Health Centers, Inc.; provided further, that such payments shall not be used in
98	98	88subsequent years by the secretary to calculate an eligible community health center’s average
99	99	89monthly payment; provided further, that such payments shall not offset existing payments for
100	100	90which an eligible community health center may be qualified to receive; provided further, that the
101	101	91secretary may require as a condition of receiving payment any such reasonable condition of
102	102	92payment that the secretary determines necessary to ensure the availability, to the extent possible,
103	103	93of federal financial participation for the payments and the secretary may incur expenses and the
104	104	94comptroller may certify amounts for payment in anticipation of expected receipt of federal
105	105	95financial participation for the payments; provided further, that the executive office of health and
106	106	96human services may promulgate regulations as necessary to carry out this item; provided further,
107	107	97that for the purposes of this item, “eligible community health center” shall be defined as any
108	108	98entity receiving funding pursuant to 42 U.S.C. section 254b that demonstrates significant
109	109	99financial need based on criteria established by the secretary in consultation with the 6 of 39
110	110	100Massachusetts League of Community Health Centers, Inc.
111	111	101………………………………………………………………………………………$25,000,000
112	112	102 SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section
113	113	10339B, as appearing in the 2022 Official Edition, and inserting in place thereof the following
114	114	104section:-
115	115	105 Section 39B. Each state agency shall furnish the state library 1 copy of its publications,
116	116	106provided in the format in which it was created, such as print or electronic, not later than 5
117	117	107working days after creation of said publication. The state library shall make copies available for
118	118	108public consultation and for permanent historic preservation. Digitized publications shall be made
119	119	109available to the Library of Congress and to each of the state’s regional public libraries through
120	120	110the state library’s digital collections.
121	121	111 SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section
122	122	11222O the following section:-
123	123	113 Section 22P. (a) Notwithstanding section 39M of chapter 30 or any other general or
124	124	114special law to the contrary, governmental bodies may procure electric vehicles and the
125	125	115installation of charging stations for said electric vehicles under this chapter. The electric vehicles
126	126	116and the installation of charging stations may be procured separately or in 1 procurement. For the
127	127	117purposes of this section, electric vehicles shall be considered supplies and charging stations, and
128	128	118the installation thereof, shall be considered services.
129	129	119 (b) A contract under this section shall only be awarded to a bidder who: (i) possesses the
130	130	120skill, ability and integrity necessary for the faithful performance of the work; (ii) certifies that it
131	131	121is able to furnish labor that can work in harmony with all other elements of labor employed or to 7 of 39
132	132	122be employed in the work; (iii) certifies that all employees to be employed at the worksite will
133	133	123have successfully completed a course in construction safety and health approved by the
134	134	124Occupational Safety and Health Administration that is not less than 10 hours in duration at the
135	135	125time the employee begins work and furnishes documentation of successful completion of said
136	136	126course with the first certified payroll report for each employee; and (iv) obtains the security by
137	137	127bond required under section 29 of chapter 149 within 10 days of the notification of contract
138	138	128award; provided, however, that for the purposes of this section, the term “security by bond” shall
139	139	129mean the bond of a surety company qualified to do business under the laws of the
140	140	130commonwealth and satisfactory to the awarding authority; and provided further, that if there is
141	141	131more than 1 surety company, the surety companies shall be jointly and severally liable. Sections
142	142	13226 to 27D, inclusive, of chapter 149 shall apply to any contract entered into under this section.
143	143	133 SECTION 5. Section 1 of chapter 7C of the General Laws, as appearing in the 2022
144	144	134Official Edition, is hereby amended by striking out the definition of “Capital Facility” and
145	145	135inserting in place thereof the following definition:-
146	146	136 “Capital facility”, (i) a public improvement such as a building or other structure; (ii) a
147	147	137utility, fire protection and other major system and facility; (iii) a power plant facility and
148	148	138appurtenances; (iv) a heating, ventilating, air conditioning or other system; (v) initial equipment
149	149	139and furnishings for a new building or building added to or remodeled for some other use; (vi) a
150	150	140public parking facility; (vii) an airport or port facility; (viii) a recreational improvement such as a
151	151	141facility or development in a park or other recreational facility; (ix) or any other facility, which,
152	152	142by statute or under standards as may be prescribed from time to time by the commissioner of
153	153	143capital asset management and maintenance, according to this section, may be defined as such;
154	154	144provided, however, that a “capital facility” shall not include a highway improvement, such as a 8 of 39
155	155	145highway, bridge or tunnel or other structure or building integral to the operation of the state
156	156	146highway system, or a transportation improvement such as a mass transportation or other public
157	157	147transit facility; and provided further, that a “capital facility” shall not include an improvement in
158	158	148information technology to the extent it does not result in the creation or expansion of tangible
159	159	149property.
160	160	150 SECTION 6. Section 6 of chapter 21J of the General Laws, as so appearing, is hereby
161	161	151amended by striking out, in line 4, the words “state fire marshal” and inserting in place thereof
162	162	152the following words:- commissioner of revenue.
163	163	153 SECTION 7. Section 2 of chapter 22D of the General Laws, as so appearing, is hereby
164	164	154amended by striking out, in lines 6 to 9, inclusive, the words “; a division of underground storage
165	165	155tanks, including the Underground Storage Tank Petroleum Product Cleanup Fund Administrative
166	166	156Review Board as established by chapter twenty-one J”.
167	167	157 SECTION 8. Section 14 of chapter 23N of the General Laws, as so appearing, is hereby
168	168	158amended by striking out subsection (a) and inserting in place thereof the following subsection:-
169	169	159 (a) An excise is hereby imposed upon a sports wagering operator or a person or entity
170	170	160that offers fantasy contests, as defined in section 11M½ of chapter 12, in the commonwealth at
171	171	161the rate of: (i) 15 per cent of the sports wagering operator’s adjusted gross sports wagering
172	172	162receipts from the operation of in-person sports wagering; (ii) 20 per cent of the sports wagering
173	173	163operator’s adjusted gross sports wagering receipts from the operation of sports wagering through
174	174	164mobile applications and other digital platforms approved by the commission; and (iii) 15 per cent
175	175	165of the adjusted gross fantasy wagering receipts of the person or entity that offers such fantasy
176	176	166contests. The accrual method of accounting shall be used for the purposes of calculating the 9 of 39
177	177	167amount of the tax owed under this section. The excise shall be paid to the commission at the time
178	178	168provided for filing the return pursuant to subsection (b).
179	179	169 SECTION 9. Said section 14 of said chapter 23N, as so appearing, is hereby further
180	180	170amended by striking out subsection (c) and inserting in place thereof the following subsection:-
181	181	171 (c) The excise on adjusted gross sports wagering receipts and adjusted gross fantasy
182	182	172wagering receipts imposed by this section shall be in lieu of all other state and local taxes and
183	183	173fees imposed on the operation of, or the proceeds from operation of, sports wagering or fantasy
184	184	174contests.
185	185	175 SECTION 10. Section 14 of chapter 25A of the General Laws, as so appearing, is hereby
186	186	176amended by adding the following subsection:-
187	187	177 (e) Notwithstanding subsection (a), the division of capital asset management and
188	188	178maintenance may contract for energy conservation projects that have a total project cost of not
189	189	179more than $500,000, directly and without further solicitation, with electric and gas utilities, their
190	190	180subcontractors and other providers of such energy conservation projects authorized under section
191	191	18111G and sections 19 and 21 of chapter 25.
192	192	182 SECTION 11. Clause (ii) of the third sentence of subsection (x) of section 6 of chapter 62
193	193	183of the General Laws, as appearing in section 21 of chapter 50 of the acts of 2023, is hereby
194	194	184amended by inserting after the word “Code”, the first time it appears, the following words:-
195	195	185without regard to paragraph (5) of subsection (e) of said section 21 of the Code.
196	196	186 SECTION 12. Subsection (a) of section 2A of chapter 65C of the General Laws, as
197	197	187appearing in section 36 of said chapter 50, is hereby amended by striking out the words “tax shall 10 of 39
198	198	188be reduced by an amount equal to the proportion of such allowable credit as the value of such
199	199	189real or tangible personal property located outside of the commonwealth bears to the value of the
200	200	190entire federal gross estate wherever situated, as determined under section 2011 of the Code, as in
201	201	191effect on December 31, 2000” and inserting in place thereof the following words:- credit shall be
202	202	192determined based on the value of the federal taxable estate after such estate is reduced by the
203	203	193value of such real or tangible personal property located outside of the commonwealth.
204	204	194 SECTION 13. Chapter 90 of the General Laws is hereby amended by inserting after
205	205	195section 2I the following section:-
206	206	196 Section 2J. The registrar shall refuse to register, and shall suspend or revoke if already
207	207	197registered, a commercial motor vehicle if the registrar has received notice, in any form that the
208	208	198registrar deems appropriate, including electronic transmissions, that the commercial motor
209	209	199carrier attempting to register a commercial motor vehicle has been prohibited from operating in
210	210	200interstate commerce by a federal agency with authority to do so under federal law.
211	211	201 SECTION 14.Chapter 118E of the General Laws is hereby amended by inserting after
212	212	202section 19F the following section:-
213	213	203 Section 19G. All MassHealth managed care organizations and accountable care
214	214	204organizations shall reimburse pharmacies at the rate contained in the MassHealth Pharmacy
215	215	205Provider Manual. The commissioner of insurance and the secretary of health and human services
216	216	206shall promulgate regulations to enforce this section.
217	217	207 SECTION 15. Chapter 159A ½ of the General Laws is hereby amended by striking out
218	218	208section 12, as appearing in the 2022 Official Edition, and inserting in place thereof the following
219	219	2092 sections:- 11 of 39
220	220	210 Section 12. (a) On the first day of each month, each transportation network company
221	221	211shall submit to the division, in a format approved by the div11ision, data related to each pre-
222	222	212arranged ride provided in the month prior to the previous month and shall include for each pre-
223	223	213arranged ride: (i) the latitude and longitude for the points of the origination and termination,
224	224	214calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
225	225	215calculated to the nearest minute; (iii) the total cost paid by the rider for the ride; (iv) the
226	226	216universally-unique identifier associated with the transportation network driver; (v) the
227	227	217transportation network driver’s city or town of residence as appearing on the driver’s license; (vi)
228	228	218whether the rider requested a shared ride but was not successfully matched with another rider;
229	229	219(vii) whether the rider requested accommodation for special needs; (viii) whether the ride was
230	230	220provided by a wheelchair accessible vehicle; (ix) whether there were any driver or rider-initiated
231	231	221cancellations; (x) the total time that the transportation network driver spent on the way to pick up
232	232	222the rider; (xi) the total time that the transportation network driver spent providing the pre-
233	233	223arranged ride; (xii) the geographic position of the vehicle during the entire duration of the pre-
234	234	224arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride;
235	235	225(xiii) the total mileage driven by the transportation network driver while on the way to pick up
236	236	226the rider; (xiv) the total mileage driven by the transportation network driver while providing the
237	237	227pre-arranged ride; (xv) the transportation network vehicle license plate; (xvi) whether the
238	238	228transportation network driver is a professional driver, as advertised by the transportation network
239	239	229company; and (xvii) whether the pre-arranged ride was advertised by the transportation network
240	240	230company as a luxury or premium ride, regardless of whether the transportation network vehicle
241	241	231was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised
242	242	232by the transportation network company as a luxury or premium ride, the data shall include the 12 of 39
243	243	233factors that were considered in that designation, including, but not limited to, vehicle make,
244	244	234model, year and, if available, trim, whether the transportation network driver was a professional
245	245	235driver, as advertised by the transportation network company, and whether the ride was available
246	246	236by an exclusive membership option.
247	247	237 (b) The division may obtain additional ride data from a transportation network company
248	248	238for the purposes of congestion management, which may include, but shall not be limited to: (i)
249	249	239the total number of transportation network drivers that utilized the transportation network
250	250	240vehicle’s digital network within specified geographic areas and time periods as determined by
251	251	241the division; and (ii) the total time spent and total miles driven by transportation network drivers
252	252	242in such geographic areas or time periods as determined by the division while: (A) on the way to
253	253	243pick up a rider, or (B) engaged in a pre-arranged ride. The division shall promulgate regulations
254	254	244relative to data collection pursuant to this subsection prior to obtaining the data.
255	255	245 (c) Annually, not later than June 30, the division shall post on its website, in aggregate
256	256	246form, the total number of rides provided by all transportation network companies that originated
257	257	247in each city or town, each city or town where the rides originating in each city or town
258	258	248terminated and the average miles and minutes of the rides that originated in each city or town
259	259	249and terminated in each other respective city or town.
260	260	250 (d) For the purposes of congestion management, transportation planning or emissions
261	261	251tracking, the division may enter into confidential data-sharing agreements to share de-identified
262	262	252trip-level data received by the division pursuant to this section with the executive office of
263	263	253technology services and security, the executive office of energy and environmental affairs, the
264	264	254Massachusetts Department of Transportation, the Massachusetts Port Authority, the 13 of 39
265	265	255Massachusetts Bay Transportation Authority, the department of environmental protection, a
266	266	256regional transit authority established under section 3 of chapter 161B, a regional planning agency
267	267	257and a metropolitan planning organization. The division shall prescribe the form and content of a
268	268	258confidential data-sharing agreement pursuant to this subsection, the manner of transmitting the
269	269	259information and the information security measures that shall be employed by an entity receiving
270	270	260the data under any such data-sharing agreement. A confidential data-sharing agreement shall
271	271	261specify that the information provided by the division shall be aggregated and de-identified and
272	272	262may be used only for the purposes set forth in the agreement. Any data received by an entity
273	273	263from the division through a confidential data-sharing agreement under this subsection shall not
274	274	264be considered a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66
275	275	265and shall not be disclosed to any person or entity other than those listed or described in the
276	276	266confidential data-sharing agreement; provided, however, that a state or municipal government
277	277	267agency or transportation planning entity may disclose conclusions and analyses derived from the
278	278	268information and from the data received pursuant to a confidential data-sharing agreement.
279	279	269 (e) A violation of the terms of a confidential data-sharing agreement by an entity listed in
280	280	270subsection (d) may result in the division declining to enter into future confidential data-sharing
281	281	271agreements with the violating entity and in the termination of any existing data-sharing
282	282	272agreement with the entity. The division shall notify each transportation network company whose
283	283	273data was shared in violation of the terms of a confidential data-sharing agreement of the
284	284	274violation, the violating entity and what data was shared. An entity listed in subsection (d) that
285	285	275violates the terms of a confidential data-sharing agreement shall destroy all data received as a
286	286	276result of the confidential data-sharing agreement. 14 of 39
287	287	277 Section 13. (a) The division shall establish a program to reduce greenhouse gas emissions
288	288	278from transportation network vehicles. To the extent permitted under federal law, the program
289	289	279shall establish requirements for transportation network companies, including, but not limited to,
290	290	280vehicle electrification and greenhouse gas emissions requirements. Such requirements shall
291	291	281include, but shall not be limited to, a requirement for said companies to submit biennial plans to
292	292	282gradually increase zero-emission transportation network vehicles and reduce greenhouse gas
293	293	283emissions to meet goals set by the executive office of energy and environmental affairs. If the
294	294	284division determines that vehicle electrification requirements alone would be sufficient to achieve
295	295	285the greenhouse gas emissions goals set by the executive office of energy and environmental
296	296	286affairs, the division may establish requirements for vehicle electrification without establishing
297	297	287separate requirements for greenhouse gas emissions. The division shall, to the extent practicable,
298	298	288minimize any negative impacts of the program on drivers from neighborhoods and municipalities
299	299	289that have an annual median household income of not more than 65 per cent of the statewide
300	300	290annual median household income.
301	301	291 (b) The division shall establish regulations to implement the program established in
302	302	292subsection (a).
303	303	293 SECTION 16. Section 1 of chapter 175 of the General Laws, as so appearing, is hereby
304	304	294amended by striking out the definition of “Emergency services programs” and inserting in place
305	305	295thereof the following definition:-
306	306	296 “Emergency services programs”, community-based organizations providing emergency
307	307	297psychiatric services, including, but not limited to, behavioral health crisis assessment,
308	308	298intervention and stabilization services 24 hours per day, 7 days per week, through: (i) mobile 15 of 39
309	309	299crisis intervention services for youth; (ii) mobile crisis intervention services for adults; (iii)
310	310	300emergency service provider community-based locations; (iv) emergency departments of acute
311	311	301care hospitals or satellite emergency facilities; (v) youth community crisis stabilization services;
312	312	302(vi) adult community crisis stabilization services; and (vii) MassHealth-designated community
313	313	303behavioral health centers, including outpatient behavioral health bundled services delivered by
314	314	304these centers.
315	315	305 SECTION 17. Said chapter 175 is hereby further amended by striking out section 47RR,
316	316	306as so appearing, and inserting in place thereof the following section:-
317	317	307 Section 47RR. (a) An individual policy of accident and sickness insurance issued under
318	318	308section 108 that provides hospital expense and surgical expense insurance or a group blanket or
319	319	309general policy of accident and sickness insurance issued under section 110 that provides hospital
320	320	310expense and surgical expense insurance that is issued or renewed within or without the
321	321	311commonwealth shall provide benefits on a nondiscriminatory basis for medically necessary
322	322	312emergency services programs. Services delivered by emergency services programs shall be
323	323	313deemed medically necessary and shall not require prior authorization. Services delivered by
324	324	314emergency service programs shall be covered with no patient cost-sharing; provided, however,
325	325	315that cost-sharing shall be required if the applicable plan is governed by the Internal Revenue
326	326	316Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this
327	327	317service.
328	328	318 (b) An individual policy of accident and sickness insurance issued pursuant to section
329	329	319108 that provides hospital expense and surgical expense insurance or a group blanket or general
330	330	320policy of accident and sickness insurance issued pursuant to section 110 that provides hospital 16 of 39
331	331	321expense and surgical expense insurance that is issued or renewed within or without the
332	332	322commonwealth shall provide coverage for emergency services programs delivered by
333	333	323MassHealth-designated community behavioral health centers. Reimbursement for outpatient
334	334	324services delivered by emergency services programs through MassHealth-designated community
335	335	325behavioral health centers shall be structured as a bundled rate per encounter at a rate not less than
336	336	326the corresponding bundled encounter rate paid by MassHealth.
337	337	327 SECTION 18. Said chapter 175 is hereby further amended by inserting after section
338	338	32847UU the following 2 sections:
339	339	329 Section 47VV. (a) For the purposes of this section, the following terms shall have the
340	340	330following meanings unless the context clearly requires otherwise:
341	341	331 “Federally qualified health center”, any entity receiving a grant under 42 U.S.C. 254B.
342	342	332 “Federally qualified health center services”, as such term is defined in 42 U.S.C.
343	343	3331396d(a)(2)(C) and as further defined in 101 CMR 304.00.
344	344	334 (b) Notwithstanding any general or special law to the contrary, an entity licensed by the
345	345	335division of insurance and providing reimbursement to federally qualified health centers for
346	346	336services provided to patients shall ensure that payment for any federally qualified health center
347	347	337services provided to a patient, including, but not limited to, behavioral health services, telehealth
348	348	338services, primary care services and dental services, as defined in 101 CMR 304.00, shall be
349	349	339reimbursed in an amount on an annual basis not less than equivalent to the annual aggregate
350	350	340revenue that the health center would have received if reimbursed by MassHealth pursuant to
351	351	341methodology that conforms with 42 U.S.C. 1396a(bb) and 1396b(m)(2)(A)(ix), as appearing in
352	352	342Title 42 of the United States Code as of January 1, 2023. 17 of 39
353	353	343 (c) Notwithstanding any general or special law to the contrary, an entity licensed by the
354	354	344division of insurance and providing reimbursement to federally qualified health centers for
355	355	345services provided to patients, including, but not limited to, non-profit hospital service
356	356	346corporations, medical service corporations, dental service corporations, health maintenance
357	357	347organizations and preferred provider organizations, or any other entity not specifically
358	358	348enumerated hereunder licensed by the division of insurance and providing reimbursement to
359	359	349federally qualified health centers for services provided to patients, shall: (i) ensure that payment
360	360	350for any federally qualified health center services provided to a patient shall be reimbursed in an
361	361	351amount on an annual basis not less than equivalent to the annual aggregate revenue that the
362	362	352health center would have received if reimbursed by MassHealth pursuant to methodology that
363	363	353conforms with 42 U.S.C. 1396a(bb) and 1396b(m)(2)(A)(ix), as appearing in Title 42 of the
364	364	354United States Code as of January 1, 2023; and (ii) submit an annual report to the division of
365	365	355insurance as a condition of their licensure evidencing that the total reimbursement to federally
366	366	356qualified health centers for services provided to patients in the prior year was equivalent to the
367	367	357annual aggregate revenue the health center would have received if reimbursed by MassHealth.
368	368	358 (d) A policy, contract, agreement, plan or certificate of insurance issued, delivered or
369	369	359renewed within or without the commonwealth shall not be required to reimburse a health care
370	370	360provider not contracted under the plan except as described in subclause (i) of clause (4) of
371	371	361subsection (a) of section 6 of chapter 176O.
372	372	362 (e) The division of insurance shall consult with MassHealth to receive technical
373	373	363assistance regarding the per visit payment rate for each individual federally qualified health
374	374	364center for a given year. MassHealth shall provide the division of insurance with a proxy rate for
375	375	365any federally qualified health center who has not received an individual prospective payment 18 of 39
376	376	366system rate and the division of insurance shall make available to health plans upon request the
377	377	367necessary prospective payment system rate information regarding their contracted federally
378	378	368qualified health centers so that the health plan can ensure compliance with this requirement.
379	379	369 Section 47WW. (a) For the purposes of this section, the following terms shall have the
380	380	370following meanings unless the context clearly requires otherwise:
381	381	371 “Behavioral health urgent care provider”, a Mental Health Center designated as a
382	382	372behavioral health urgent care provider, as set forth in 130 CMR 429.000.
383	383	373 “Behavioral health urgent care provider services”, shall include, but not be limited to: (i)
384	384	374diagnostic psychiatric evaluations; (ii) individual, group, couple and family therapy; (iii)
385	385	375psychotherapy for crisis; (iv) case consultation; (v) family consultation; and (vi) evaluation and
386	386	376management medication visits as set forth in 101 CMR 306.000 and 103 CMR 429.000.
387	387	377 (b) Notwithstanding any general or special law to the contrary, a carrier licensed by the
388	388	378division of insurance, directly or through any entity that manages or administers mental health or
389	389	379substance use disorder benefits for the carrier, shall ensure that payment for any services
390	390	380provided by a behavioral health urgent care provider include a rate add-on of not less than 15 per
391	391	381cent over a negotiated fee schedule consistent with the MassHealth behavioral health urgent care
392	392	382provider methodology; provided, however, that a carrier shall not lower a negotiated fee
393	393	383schedule to comply with this section; provided further, that for purposes of this section, a carrier
394	394	384shall pay a rate add-on of not less than 15 per cent for all behavioral health urgent care provider
395	395	385services delivered by a behavioral health urgent care provider regardless of whether the
396	396	386presenting reason for care is determined to be an urgent behavioral health need. 19 of 39
397	397	387 SECTION 19. Section 1 of chapter 258 of the General Laws, as appearing in the 2022
398	398	388Official Edition, is hereby amended by striking out, in line 15, the words “and rail and transit
399	399	389administrator,”.
400	400	390 SECTION 20. Section 4 of chapter 841 of the acts of 1975 is hereby amended by striking
401	401	391out the words “communities and development or his designee” and inserting in place thereof the
402	402	392following words:- economic development or their designee.
403	403	393 SECTION 21. Item 1599-1952 of section 2B of chapter 151 of the acts of 2020 is hereby
404	404	394amended by inserting after the word “municipalities”, the first time it appears, the following
405	405	395words:- and tribal governments.
406	406	396 SECTION 22. Said item 1599-1952 of said section 2B of said chapter 151 is hereby
407	407	397further amended by striking out the words “located in a municipality”.
408	408	398 SECTION 23. Section 75 of chapter 260 of the acts of 2020 is hereby amended by
409	409	399striking out the figure “2025”, as inserted by section 2 of chapter 107 of the acts of 2022, and
410	410	400inserting in place thereof the following figure:- 2027.
411	411	401 SECTION 24. Item 1599-2025 of section 2 of chapter 102 of the acts of 2021 is hereby
412	412	402amended by striking out the words “and provided further, that the department shall ensure
413	413	403geographic equity when distributing funds” and inserting in place thereof the following words:-
414	414	404provided further, that the department shall ensure geographic equity when distributing funds;
415	415	405provided further, that if the commissioner of public health, in consultation with the secretary of
416	416	406health and human services, determines that anticipated spending prior to the applicable American
417	417	407Rescue Plan Act funds obligation and expiration deadlines for a purpose is less than it is
418	418	408authorized to be spent in this item for that purpose, the commissioner of public health may 20 of 39
419	419	409reduce spending accordingly and transfer the anticipated unspent funds for that purpose to other
420	420	410purposes to support and enhance the commonwealth’s local and regional public health system;
421	421	411and provided further, that the commissioner of public health shall notify the house and senate
422	422	412committees on ways and means not less than 7 days prior to reducing or increasing spending for
423	423	413a particular purpose authorized in this item.
424	424	414 SECTION 25. Section 82 of said chapter 102 is hereby amended by striking out the
425	425	415words “and provided further, that the secretary of administration and finance may authorize the
426	426	416transfer of funds for the 1-time payments to the items necessary to meet the necessary costs of
427	427	417those payments” and inserting in place thereof the following words:- provided further, that the
428	428	418secretary of administration and finance may authorize the transfer of funds for the 1-time
429	429	419payments to the items necessary to meet the necessary costs of those payments; and provided
430	430	420further, that the secretary of administration and finance may direct the comptroller to transfer the
431	431	421unobligated balance of the fund to the Transitional Escrow Fund established in section 16 of
432	432	422chapter 76 of the acts of 2021 or the federal COVID-19 response fund established in section
433	433	4232JJJJJ of chapter 29 of the General Laws.
434	434	424 SECTION 26. Item 1599-9817 of section 2 of chapter 126 of the acts of 2022, inserted by
435	435	425section 230 of chapter 268 of the acts of 2022, is hereby amended by adding the following
436	436	426words:- ; and provided further, that funds appropriated from this item shall be made available
437	437	427until June 30, 2025.
438	438	428 SECTION 27. Subsection (b) of section 165 of said chapter 126 is hereby amended by
439	439	429striking out the words “September 30, 2023”, as inserted by section 56 of chapter 2 of the acts of
440	440	4302023, and inserting in place thereof the following words:- August 30, 2024. 21 of 39
441	441	431 SECTION 28. Subsection (c) of section 167 of said chapter 126 is hereby amended by
442	442	432striking out the words “July 31, 2023” and inserting in place thereof the following words:- July
443	443	43331, 2025.
444	444	434 SECTION 29. Said subsection (c) of said section 167 of said chapter 126 is hereby
445	445	435further amended by striking out the words “July 31, 2024” and inserting in place thereof the
446	446	436following words:- July 31, 2026.
447	447	437 SECTION 30. Section 168 of said chapter 126, as amended by section 57 of chapter 2 of
448	448	438the acts of 2023, is hereby further amended by striking out the words “not later than December
449	449	43931, 2023” and inserting in place thereof the following words:- within 6 months of the inclusive
450	450	440concurrent enrollment advisory board task force filing the report required by subsection (b) of
451	451	441section 165.
452	452	442 SECTION 31. Section 92 of chapter 179 of the acts of 2022 is hereby amended by
453	453	443striking out the figure “12”, each time it appears, and inserting in place thereof, in each instance,
454	454	444the following figure:- 13.
455	455	445 SECTION 32. Item 1599-6077 of section 2A of chapter 268 of the acts of 2022, as
456	456	446amended by section 61 of chapter 2 of the acts of 2023, is hereby further amended by inserting
457	457	447after the word “Dartmouth” the following words:- ; provided further, that such funds may be
458	458	448transferred by the executive office for administration and finance to the department of
459	459	449environmental protection to fund assessment and other appropriate work by the department
460	460	450related to such residential homes.
461	461	451 SECTION 33. Said item 1599-6077 of said section 2A of said chapter 268, as so
462	462	452amended, is hereby further amended by striking out the words “for the installation and operation 22 of 39
463	463	453of no less than 2 air quality monitoring stations in the East Boston section of Boston in
464	464	454cooperation with the department of environmental protection, the data from which shall be made
465	465	455available online to the public at regular intervals” and inserting in place thereof the following
466	466	456words:- by the department of environmental protection to conduct air monitoring in not less than
467	467	4572 locations in the East Boston section of the city of Boston for a period of not less than 2 years.
468	468	458 SECTION 34. Said item 1599-6077 of said section 2A of said chapter 268 is hereby
469	469	459further amended by inserting after the word “Salvage” the following words:- ; provided further,
470	470	460that such funds may be transferred by the executive office for administration and finance to the
471	471	461department of environmental protection to fund such studies by the department.
472	472	462 SECTION 35. Item 1599-6084 of said section 2A of said chapter 268 is hereby amended
473	473	463by inserting after the word “income”, the third time it appears, the following the words:- ;
474	474	464provided further, that funds expended for said workforce housing program may be expended for
475	475	465grants, loans and other financial assistance for related construction costs incurred on or after
476	476	466March 3, 2021.
477	477	467 SECTION 36. Item 0521-0002 of section 2 of chapter 28 of the acts of 2023 is hereby
478	478	468amended by adding the following words:- ; provided, that any remaining funds in this item shall
479	479	469be made available until December 31, 2024.
480	480	470 SECTION 37. Item 1775-0700 of said section 2 of said chapter 28 is hereby amended by
481	481	471striking out the figure “$200,000”, both times it appears, and inserting in place thereof, in each
482	482	472instance, the following figure:- $600,000. 23 of 39
483	483	473 SECTION 38. Item 3000-1042 of said section 2 of said chapter 28 is hereby amended by
484	484	474striking out the words “funds between” and inserting in place thereof the following words:- funds
485	485	475from this item to.
486	486	476 SECTION 39. Item 4000-0054 of said section 2 of said chapter 28 is hereby amended by
487	487	477adding the following words:- ; and provided further, that funds appropriated in this item shall be
488	488	478made available until June 30, 2027.
489	489	479 SECTION 40. Item 7003-0150 of said section 2 of said chapter 28 is hereby amended by
490	490	480inserting after the word “programming” the following words:- ; provided further, that the
491	491	481executive office may expend available funds in this item for costs incurred for fiscal year 2022
492	492	482grants.
493	493	483 SECTION 41. Item 7008-1116 of said section 2 of said chapter 28, as most recently
494	494	484amended by section 190 of chapter 77 of the acts of 2023, is hereby further amended by adding
495	495	485the following words:- ; and provided further, that not less than $100,000 shall be expended to the
496	496	486Massachusetts Bay Council of the Navy League of the United States for activities related to the
497	497	487commissioning of the USS Nantucket and such funds shall be made available until June 30,
498	498	4882025.
499	499	489 SECTION 42. Said item 7008-1116 of said section 2 of said chapter 28 is hereby further
500	500	490amended by striking out the figure “$28,647,000”, as inserted by said section190 of said chapter
501	501	49177, and inserting in place thereof the following figure:-$28,747,000.
502	502	492 SECTION 43. Item 8100-0102 of said section 2 of said chapter 28 is hereby amended by
503	503	493striking out the figure “$45,000,000”, both times it appears, and inserting in place thereof, in
504	504	494each instance, the following figure:- $52,000,000. 24 of 39
505	505	495 SECTION 44. Item 9700-0000 of said section 2 of said chapter 28 is hereby amended by
506	506	496adding the following words:- ; provided, that not less than $50,000 shall be expended to facilitate
507	507	497the work of the special commission to study poverty in the commonwealth established in chapter
508	508	49874 of the acts of 2021 and such funds shall be made available until June 30, 2025”.
509	509	499 SECTION 45. Said item 9700-0000 of said section 2 of said chapter 28 is hereby further
510	510	500amended by striking out the figure “$10,724,567” and inserting in place thereof the following
511	511	501figure:- $10,774,567”.
512	512	502 SECTION 46. Item 1595-1068 of section 2E of said chapter 28 is hereby amended by
513	513	503striking out the figure “$441,300,000” and inserting in place thereof the following figure:-
514	514	504$638,409,000.
515	515	505 SECTION 47. Said item 1595-1068 of said section 2E of said chapter 28 is hereby further
516	516	506amended by striking out the figure “$505,000,000” and inserting in place thereof the following
517	517	507figure:- $681,000,000.
518	518	508 SECTION 48. Item 1596-2417 of said section 2E of said chapter 28 is hereby amended
519	519	509by adding the following words:- ; and provided further, that funds appropriated in this item shall
520	520	510be made available until June 30, 2025.
521	521	511 SECTION 49. Item 1596-2401 of section 2F of said chapter 28 is hereby amended by
522	522	512adding the following words:-; and provided further, that funds appropriated in this item shall be
523	523	513made available until June 30, 2025. 25 of 39
524	524	514 SECTION 50. Item 1596-2406 of section 2F of said chapter 28 is hereby amended by
525	525	515adding the following words:- ; and provided further, that funds appropriated in this item shall be
526	526	516made available until June 30, 2025.
527	527	517 SECTION 51. Section 77 of said chapter 28 is hereby amended by striking out the words
528	528	518“July 31, 2024” and inserting in place thereof the following words:- March 31, 2025.
529	529	519 SECTION 52. Item 4003-0123 of section 2A of chapter 77 of the acts of 2023 is hereby
530	530	520amended by adding the following words:- ; and provided further, that funds appropriated in this
531	531	521item shall be made available until June 30, 2025.
532	532	522 SECTION 53. Section 218 of said chapter 77 is hereby amended by striking out the first
533	533	523sentence and inserting in place thereof the following sentence:- Notwithstanding any general or
534	534	524special law to the contrary, for fiscal year 2024, the registrar of motor vehicles shall provide
535	535	525quarterly reports to the commissioner of correction detailing the number of identity cards
536	536	526processed pursuant to the Massachusetts Identification Card Program established by the
537	537	527memorandum of understanding between the registry of motor vehicles and the department of
538	538	528correction, dated October 19, 2022, and pursuant to section 8E of chapter 90 of the General
539	539	529Laws, for individuals released from department of correction facilities.
540	540	530 SECTION 54. (a) Notwithstanding sections 52 to 55, inclusive, of chapter 7 of the
541	541	531General Laws and sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other
542	542	532general or special law to the contrary, the division of capital asset management and maintenance,
543	543	533using competitive proposal processes as the division considers necessary or appropriate, in
544	544	534consultation with the department of conservation and recreation, may lease and enter into other
545	545	535agreements with 1 or more bidders for terms not to exceed 30 years for the continued use, 26 of 39
546	546	536operation, maintenance, repair and improvement of the following state-owned ice skating rinks
547	547	537and facilities under the care and control of the department of conservation and recreation,
548	548	538together with the buildings, land and appurtenances associated therewith:
549	549	539 Veterans Memorial skating rink in the town of Arlington; Porazzo Memorial rink in the
550	550	540East Boston section of the city of Boston; Roche Memorial rink in the West Roxbury section of
551	551	541the city of Boston; Simoni Memorial rink in the city of Cambridge; Allied Veterans Memorial
552	552	542rink in the city of Everett; Connery Memorial rink in the city of Lynn; Flynn Memorial rink in
553	553	543the city of Medford; LoConte Memorial rink in the city of Medford; Daly Memorial rink in the
554	554	544city of Newton; Cronin Memorial rink in the city of Revere; Max Ulin skating rink in the town of
555	555	545Milton; Kasabuski arena in the town of Saugus; Veterans Memorial rink in the city of
556	556	546Somerville; Shea Memorial rink in the city of Quincy; Veterans Memorial rink in the city of
557	557	547Waltham; Connell Memorial rink and pool in the city known as the town of Weymouth;
558	558	548Representative John G. Asiaf skating rink in the city of Brockton; Arthur R. Driscoll Memorial
559	559	549skating rink in the city of Fall River; Staff Sergeant Robert Pirelli Veterans Memorial rink in the
560	560	550city known as the town of Franklin; Stephen Hetland Memorial skating rink in the city of New
561	561	551Bedford; John A. Armstrong Memorial skating rink in the town of Plymouth; Theodore J.
562	562	552Aleixo, Jr. skating rink in the city of Taunton; Veterans Memorial skating arena in the city of
563	563	553Haverhill; John J. Janas Memorial skating rink in the city of Lowell; Henry Graf, Jr., skating rink
564	564	554in the city of Newburyport; James E. McVann and Louis F. O’Keefe Memorial skating rink in
565	565	555the city of Peabody; Daniel S. Horgan Memorial skating rink in the town of Auburn; Gardner
566	566	556Veterans skating rink in the city of Gardner; John J. Navin skating rink in the city of
567	567	557Marlborough; Honorable Charles J. Buffone skating rink in the city of Worcester; Greenfield
568	568	558Area skating rink in the city known as the town of Greenfield; Henry J. Fitzpatrick skating rink 27 of 39
569	569	559in the city of Holyoke; Ray Smead Memorial skating rink in the city of Springfield; and Vietnam
570	570	560Veterans Memorial skating rink in the city of North Adams.
571	571	561 (b)(1) Notwithstanding any general or special law to the contrary, any lease or other
572	572	562agreement entered into pursuant to subsection (a) shall be on terms acceptable to the
573	573	563commissioner of capital asset management and maintenance, in consultation with the
574	574	564commissioner of conservation and recreation, and shall provide for the lessee to operate, manage,
575	575	565improve, repair and maintain the ice skating rinks and facilities. Any such lease or other
576	576	566arrangement shall include a description of the required capital improvements and, at a minimum,
577	577	567performance specifications. Any consideration received from a lease or other agreement pursuant
578	578	568to subsection (a) shall be payable to the department for deposit in the Conservation Trust,
579	579	569established in section 1 of chapter 132A of the General Laws.
580	580	570 (2) There shall be an option for renewal or extension of any lease and other agreement
581	581	571not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the
582	582	572division of capital asset management and maintenance, in consultation with the department of
583	583	573conservation and recreation, in accordance with the original lease terms and conditions or
584	584	574agreement terms and conditions more favorable to the commonwealth. All leases shall contain a
585	585	575provision that requires the lessee to carry comprehensive general liability insurance, with the
586	586	576commonwealth named as a co-insured, protecting the commonwealth against all personal injury
587	587	577or property damage within the ice skating rink or on the land during the term of the lease.
588	588	578 (c) The division of capital asset management and maintenance, in consultation with and
589	589	579on behalf of the department of conservation and recreation, shall solicit proposals through a
590	590	580request for proposals, which shall include key contractual terms and conditions to be 28 of 39
591	591	581incorporated into the lease, including, but not limited to: (i) a comprehensive list of all ice
592	592	582skating rinks operated by the responsive bidder in the last 4 years; (ii) prior or current facilities
593	593	583management or experience of the responsive bidder; (iii) prior or current skating or hockey
594	594	584management experience of the responsive bidder; (iv) reservation policies; (v) proposed
595	595	585reasonable rates that ensure continued public access; (vi) required financial audits; (vii) policies
596	596	586to encourage use of the ice skating rink by persons of all races and nationalities; (viii) safety and
597	597	587security plans; (ix) seasonal opening and closing dates; (x) hours of operation; and (xi) how the
598	598	588operator will ensure that ice time at the ice skating rink shall be allocated to user groups in the
599	599	589following order of priority: (A) general public skating and nonprofit youth groups; (B) school
600	600	590hockey and for-profit youth groups; and (C) adult organizations or informal groups. Ice time may
601	601	591be allocated at the discretion of the operator; provided, however, that general public skating shall
602	602	592be booked, in 2-hour continuous blocks at a minimum of 12 hours per week, with a range of
603	603	593times and days that reasonably allow for public skaters of all ages to participate in public skating
604	604	594sessions. Every effort shall be made to balance the ice allocation needs of long-established youth
605	605	595organizations and newly-formed youth organizations in a manner that provides equal opportunity
606	606	596and equal access for youths of each gender. The inspector general shall review and approve any
607	607	597request for proposals issued by the division before issuance.
608	608	598 (d) The leases and other agreements authorized in this section shall provide that any
609	609	599benefits to the community and the costs of improvements and repairs made to the property
610	610	600provided by the lessees shall be taken into account as part of the consideration for the lease or
611	611	601other agreements. The lessees or the recipients of the property shall bear the costs considered
612	612	602necessary or appropriate by the commissioner of capital asset management and maintenance for 29 of 39
613	613	603the transactions, including, but not limited to, costs for legal work, survey, title and the
614	614	604preparation of plans and specifications.
615	615	605 (e) The provisions of any general or special law or rule or regulation relating to the
616	616	606advertising, bidding or award of contracts, procurement of services or construction and design of
617	617	607improvements shall not be applicable to any selected bidder that is awarded a lease pursuant to
618	618	608this section, except as provided in this section.
619	619	609 SECTION 55. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
620	620	610Laws or any other general or special law to the contrary, the commissioner of capital asset
621	621	611management and maintenance may enter into a lease, sublease or other rental agreement with La
622	622	612Colaborativa, Inc., or its successor or assigns, for a portion of the parking lot located adjacent to
623	623	613the Massachusetts information technology center located at 200 Arlington street in the city of
624	624	614Chelsea for a term not to exceed 10 years; provided, however, that the lease, sublease or other
625	625	615rental agreement shall not exceed the term of the lease by and between the division of capital
626	626	616asset management and maintenance and the Massachusetts Department of Transportation for the
627	627	617premises. The lease, sublease or other rental agreement shall be on terms and conditions to be
628	628	618determined by the commissioner; provided, however, that the lease, sublease or other rental
629	629	619agreement shall be terminable, without penalty, upon 180 days’ notice if the commissioner
630	630	620determines that there is a state agency need for the premises.
631	631	621 SECTION 56. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
632	632	622General Laws, chapter 59 of the acts of 2009 or any other general or special law to the contrary,
633	633	623the commissioner of capital asset management and maintenance may convey the parcel of land
634	634	624described in subsection (b), which is a portion of the land known as the Monson developmental 30 of 39
635	635	625center, established pursuant to chapter 275 of the acts of 1852, to the Westmass Area
636	636	626Development Corporation, established pursuant to chapter 192 of the acts of 1960, for
637	637	627redevelopment purposes. The parcel shall be conveyed by deed without warranties or
638	638	628representations by the commonwealth. The conveyance shall be subject to such additional terms
639	639	629and conditions consistent with this section as the commissioner of capital asset management and
640	640	630maintenance may prescribe.
641	641	631 (b) The Monson developmental center campus is shown on a plan entitled, “Plan of Land
642	642	632in Monson, MA, Hampden registry, prepared for the owner: The Commonwealth of
643	643	633Massachusetts, Division of Capital Asset Management & Maintenance on behalf of the Monson
644	644	634Development Center” prepared by Northeast Survey Consultants, dated April 12, 2023 and
645	645	635recorded in the Hampden county registry of deeds in plan book 397, page 121 to 125, inclusive.
646	646	636The parcels to be conveyed were used for state hospital purposes and are currently not in use and
647	647	637are more particularly shown as “Development Areas” on a sketch entitled, “Monson
648	648	638Development Center,” which is on file with the division of capital asset management and
649	649	639maintenance. The commissioner of capital asset management and maintenance shall determine
650	650	640the exact boundaries of the parcels to be conveyed pursuant to this act, which may require the
651	651	641completion of a survey; provided, however, that the commissioner shall not convey the parcels of
652	652	642land at the Monson developmental center campus that are: (i) the subject of chapter 181 of the
653	653	643acts of 2022; (ii) under the care and control of the department of agricultural resources; or (iii)
654	654	644otherwise subject to Article XCVII of the Amendments to the Constitution of the
655	655	645Commonwealth.
656	656	646 (c) The consideration for the transfer authorized in subsection (a) shall be $1. 31 of 39
657	657	647 (d) The commissioner of capital asset management and maintenance may retain or grant
658	658	648rights of way or easements for access, egress, utilities and drainage across the property described
659	659	649in subsection (b) and across other property owned by the commonwealth that is contiguous to the
660	660	650property described in said subsection (b) and may accept such rights of way or easements for
661	661	651access, egress, utilities and drainage as the commissioner considers necessary and appropriate to
662	662	652carry out this act; provided, however, that this section shall not permit the commissioner to grant
663	663	653rights of way or easements over land subject to Article XCVII of the Amendments to the
664	664	654Constitution of the Commonwealth.
665	665	655 (e) Annually, not later than October 1, the Westmass Area Development Corporation
666	666	656shall file a report with the division of capital asset management and maintenance, the office of
667	667	657the inspector general and the town of Monson during the redevelopment process. The report shall
668	668	658detail activities undertaken by the Westmass Area Development Corporation, or its successors or
669	669	659assigns, to redevelop the site, including, but not limited to: (i) site preparation, marketing,
670	670	660permitting and construction activities; (ii) acquisitions and dispositions; (iii) expenditures made
671	671	661by the Westmass Area Development Corporation in furtherance of the redevelopment of the
672	672	662parcel; and (iv) any other information the commissioner of capital asset management and
673	673	663maintenance may deem necessary. Upon completion of the redevelopment, as determined by the
674	674	664commissioner, the Westmass Area Development Corporation shall not be required to file said
675	675	665report.
676	676	666 (f) The Westmass Area Development Corporation shall be responsible for the costs and
677	677	667expenses of the transfer authorized in this section as determined by the commissioner of capital
678	678	668asset management and maintenance, including, but not limited to, the costs of any engineering,
679	679	669surveys, appraisals, title examinations, recording fees and deed preparation related to the 32 of 39
680	680	670conveyance of the parcel; provided, however, that if the commissioner of capital asset
681	681	671management and maintenance determines that the productive reuse of said parcel may be
682	682	672expedited by the reduction of acquisition costs, the commissioner may determine that the
683	683	673division of capital asset management and maintenance shall be responsible for said costs and
684	684	674expenses.
685	685	675 (g) Notwithstanding any general or special law to the contrary, if the commissioner of
686	686	676capital asset management and maintenance, in consultation with the secretary of administration
687	687	677and finance, determines that federal or nonprofit funding available to the Westmass Area
688	688	678Development Corporation for the redevelopment of the parcel described in subsection (b) may be
689	689	679advantageous to the redevelopment and the productive reuse of said parcel and may be expedited
690	690	680by the contribution of state funds, the commissioner of capital asset management and
691	691	681maintenance may expend not more than $9,000,000 from item 1102-2017 of section 2 of chapter
692	692	682113 of the acts of 2018 as a site readiness grant to the Westmass Area Development Corporation
693	693	683to support the preparation of the parcel for redevelopment, including, but not limited to,
694	694	684demolition and environmental remediation. Annually, not later than June 30, the Westmass Area
695	695	685Development Corporation shall report to the division of capital asset management and
696	696	686maintenance and the office of the inspector general detailing the site remediation progress and
697	697	687expenditures made by the corporation through the term of the grant.
698	698	688 SECTION 57. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
699	699	689General Laws or any other general or special law to the contrary, the commissioner of capital
700	700	690asset management and maintenance, in consultation with the court administrator of the trial court
701	701	691of the commonwealth, may convey certain adjacent parcels of land in the city of Framingham
702	702	692acquired for the purpose of erecting a building for the first district court of southern Middlesex 33 of 39
703	703	693for nominal consideration to the city of Framingham; provided, however, that the commissioner
704	704	694shall not convey said parcels until: (i) the completion of a regional justice center at 121 Union
705	705	695avenue in the city of Framingham; and (ii) a determination by the commissioner, in consultation
706	706	696with the court administrator, that the parcels are surplus to the needs of the trial court. The
707	707	697parcels are located at 600 and 602 Concord street in the city of Framingham and are further
708	708	698described in deeds recorded in the Middlesex southern district registry of deeds in book 7816,
709	709	699page 107 and book 9859, page 328. The parcels shall be conveyed by deed without warranties or
710	710	700representations by the commonwealth and without restrictions on use or future conveyance by
711	711	701the city. The conveyance shall be subject to such additional conditions and restrictions as the
712	712	702commissioner, in consultation with the court administrator, may determine. The commissioner
713	713	703may, in consultation with the court administrator, determine the exact boundaries of the parcels
714	714	704prior to conveyance.
715	715	705 (b) Notwithstanding any general or special law to the contrary, the city of Framingham
716	716	706shall be responsible for all costs and expenses of any transaction authorized by this section as
717	717	707determined by the commissioner of capital asset management and maintenance, including, but
718	718	708not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees
719	719	709and deed preparation.
720	720	710 SECTION 58. Notwithstanding any general or special law to the contrary, for the fiscal
721	721	711years ending June 30, 2024 and June 30, 2025, the secretary of administration and finance may
722	722	712allocate any unexpended federal funds held in the federal COVID-19 response fund established
723	723	713in section 2JJJJJ of chapter 29 of the General Laws for items funded from the General Fund and
724	724	714reduce the allocation from the General Fund appropriated for the purposes of said items in a
725	725	715corresponding amount. Items appropriated in chapter 102 of the acts of 2021 and chapter 268 of 34 of 39
726	726	716the acts of 2022 may be funded from the General Fund at the direction of the secretary. If
727	727	717applicable, federal funds allocated from this section shall be treated as General Fund revenues by
728	728	718municipalities and regional school districts and may be expended in compliance with net school
729	729	719spending requirements as defined by section 2 of chapter 70 of the General Laws.
730	730	720 SECTION 59. Notwithstanding any general or special law to the contrary, any
731	731	721unexpended balances, not to exceed $40,000,000, in items 4000-0700 and 4000-1426 of section
732	732	7222 of chapter 28 of the acts of 2023 shall not revert to the General Fund until September 1, 2024
733	733	723and may be expended by the executive office of health and human services to pay for services
734	734	724enumerated in said items 4000-0700 and 4000-1426 of said section 2 of said chapter 28 provided
735	735	725during fiscal year 2024.
736	736	726 SECTION 60. Notwithstanding any general or special law to the contrary, for fiscal year
737	737	7272024, the secretary of health and human services, with the written approval of the secretary of
738	738	728administration and finance, may authorize transfers of surplus funds among items 4000-0320,
739	739	7294000-0430, 4000-0500, 4000-0601, 4000-0641, 4000-0700, 4000-0875, 4000-0880, 4000-0885,
740	740	7304000-0940, 4000-0950, 4000-0990, 4000-1400, 4000-1420 and 4000-1426 of section 2 of
741	741	731chapter 28 of the acts of 2023.
742	742	732 SECTION 61. Notwithstanding any general or special law to the contrary, if, by June 30,
743	743	7332024, the secretary of administration and finance determines unobligated funds are available in
744	744	734items 1599-2026, 1599-2028, 1599-2042, 1599-2055 and 4513-0101 of section 2A of chapter
745	745	735102 of the acts of 2021 and items 1599-6066, 1599-6067, 1599-6069 and 1599-6074 of section
746	746	7362A of chapter 268 of the acts of 2022, the secretary may direct the comptroller to transfer said
747	747	737funds, in an amount not to exceed $20,000,000, to the Transitional Escrow Fund established in 35 of 39
748	748	738section 16 of chapter 76 of the acts of 2021 or the federal COVID-19 response fund established
749	749	739in section 2JJJJJ of chapter 29 of the General Laws.
750	750	740 SECTION 62. The salary adjustments and other economic benefits authorized by the
751	751	741following collective bargaining agreements shall be effective for the purposes of section 7 of
752	752	742chapter 150E of the General Laws:
753	753	743 (1) the agreement between the Commonwealth of Massachusetts and the Massachusetts
754	754	744Correction Officers Federated Union, Unit 04, effective from July 1, 2024 through June 30,
755	755	7452025;
756	756	746 (2) the agreement between the Commonwealth of Massachusetts and the Massachusetts
757	757	747Nurses Association, Unit 07, effective from January 1, 2024 through December 31, 2024;
758	758	748 (3) the agreement between the Commonwealth of Massachusetts department of the
759	759	749treasurer and the Coalition of Public Safety Alcoholic Beverage Control Commission
760	760	750Investigators Association, Unit 5, effective from July 1, 2024 through June 30, 2025;
761	761	751 (4) the agreement between the Massachusetts board of higher education and the
762	762	752Massachusetts Community College Council, Unit MCC, effective from July 1, 2023 through
763	763	753June 30, 2025;
764	764	754 (5) the agreement between the sheriff of Bristol county and the National Correctional
765	765	755Employees’ Union, Local 135 (Ad - Tech Unit), Unit SA1, effective from July 1, 2023 through
766	766	756June 30, 2024;
767	767	757 (6) the agreement between the sheriff of Bristol county and the Massachusetts Correction
768	768	758Officers Federated Union, Unit SA4, effective from July 1, 2023 through June 30, 2024; 36 of 39
769	769	759 (7) the agreement between the sheriff of Bristol county and the National Correctional
770	770	760Employees’ Union, Local 103 (K-9 Unit), Unit SA7, effective from July 1, 2023 through June
771	771	76130, 2024;
772	772	762 (8) the agreement between the sheriff of Essex county and the International Brotherhood
773	773	763of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
774	774	764R1-71, Unit SE9, effective from July 1, 2023 through June 30, 2024;
775	775	765 (9) the agreement between the sheriff of Middlesex county and the National Correctional
776	776	766Employees Union, Local 116, Unit SM6, effective from July 1, 2023 through June 30, 2024;
777	777	767 (10) the agreement between the sheriff of Essex county and the Essex County
778	778	768Correctional Officer Association, Unit SE2, effective from July 1, 2024 through June 30, 2025;
779	779	769 (11) the agreement between the sheriff of Middlesex county and the New England
780	780	770Benevolent Association, Local 525, Unit SM5, effective from July 1, 2024 through June 30,
781	781	7712025;
782	782	772 (12) the agreement between the sheriff of the county of Dukes County and the
783	783	773Massachusetts Correction Officers Federated Union, Unit SD1, effective from July 1, 2024
784	784	774through June 30, 2025; and
785	785	775 (13) the agreement between the sheriff of Worcester county and the New England Policy
786	786	776Benevolent Association, Local 550, Unit SW6, effective from July 1, 2024 through June 30,
787	787	7772025. 37 of 39
788	788	778 SECTION 63. The salary adjustments and other economic benefits authorized by the
789	789	779following collective bargaining agreements shall be effective for the purposes of section 7 of
790	790	780chapter 150E of the General Laws:
791	791	781 (1) the agreement between the Commonwealth of Massachusetts and the National
792	792	782Association of Government Employees (NAGE), Units 1,3, and 6, effective from July 1, 2024
793	793	783through June 30, 2027;
794	794	784 (2) the agreement between the Commonwealth of Massachusetts and the Alliance,
795	795	785AFSCME-SEIU-Local 888, Unit 2, effective from July 1, 2024 through June 30, 2027;
796	796	786 (3) the agreement between the sheriff of Essex county and the National Correctional
797	797	787Employees Union Local 121, Unit SE7, effective from July 1, 2024 through June 30, 2027;
798	798	788 (4) the agreement between the sheriff of Essex county and the International Brotherhood
799	799	789of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
800	800	790R1-71, Unit SE9, effective from July 1, 2024 through June 30, 2027;
801	801	791 (5) the agreement between the Massachusetts State Lottery Commission and the Service
802	802	792Employees International Union, Local 888, Unit LT1, effective from July 1, 2024 through June
803	803	79330, 2027;
804	804	794 (6) the agreement between the Commonwealth of Massachusetts and the Massachusetts
805	805	795Organization of State Engineers and Scientists, Unit 9, effective from July 1, 2024 through June
806	806	79630, 2027; 38 of 39
807	807	797 (7) the agreement between the court administrator of the trial court of the commonwealth
808	808	798of Massachusetts and the National Association of Government Employees International Union,
809	809	799Local 5000, Units J2C and J2P, effective from July 1, 2024 through June 30, 2027;
810	810	800 (8) the agreement between the Commonwealth of Massachusetts and the Service
811	811	801Employees International Union (SEIU) Local 509, Units 8 and 10, effective from January 1,
812	812	8022024 through December 31, 2026;
813	813	803 (9) the agreement between the Massachusetts Department of Transportation and the
814	814	804National Association of Government Employees, Local R1-292, Unit A, Unit D01, effective
815	815	805from July 1, 2024 through June 30, 2027;
816	816	806 (10) the agreement between the Massachusetts Department of Transportation and the
817	817	807Coalition of MassDOT Unions, Unit D, Unit D06, effective from July 1, 2024 through June 30,
818	818	8082027;
819	819	809 (11) the agreement between the sheriff of Bristol county and the National Correctional
820	820	810Employees Union, Local 407, Unit SA3, effective from July 1, 2024 through June 30, 2027;
821	821	811 (12) the agreement between the sheriff of Bristol county and the National Correctional
822	822	812Employees Union, Local 135, Unit SA1, effective from July 1, 2024 through June 30, 2027;
823	823	813 (13) the agreement between the sheriff of Bristol county and the National Association of
824	824	814Government Employees, Unit C, RI-1478, Unit SA2, effective from July 1, 2024 through June
825	825	81530, 2027; 39 of 39
826	826	816 (14) the agreement between the sheriff of Worcester county and the New England Police
827	827	817Benevolent Association, Local 515, Unit SW5, effective from July 1, 2024 through June 30,
828	828	8182027;
829	829	819 (15) the agreement between the sheriff of Franklin county and the National Correctional
830	830	820Employees Union, Local 106, Unit SF1, effective from July 1, 2024 through June 30, 2027;
831	831	821 (16) the agreement between the sheriff of Franklin county and the National Correctional
832	832	822Employees Union, Local 141, Unit SF2, effective from July 1, 2024 through June 30, 2027; and
833	833	823 (17) the agreement between the sheriff of Franklin county and the Franklin Sheriff’s
834	834	824Office Non-Unit Employer’s Association, Unit SF3, effective from July 1, 2024 through June 30,
835	835	8252027.
836	836	826 SECTION 64. Section 4 is hereby repealed.
837	837	827 SECTION 65. Sections 8, 9 and 11 shall take effect as of January 1, 2024.
838	838	828 SECTION 66. Section 12 shall take effect for estates of decedents dying on or after
839	839	829January 1, 2023.
840	840	830 SECTION 67. Section 64 shall take effect on June 30, 2029.