Session Laws

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`tch `tc1 `ts Line Items `tu Regional School District 7061-0003 7061-0008 `t+1 `tch;end ACTON-BOXBOROUGH ? 861,217? 763,203 ADAMS-CHESHIRE ? 2,569,189? 2,204,646 AMHERST-PELHAM ? 1,787,769? 2,324,468 ASHBURNHAM-WESTMINSTER ? 2,247,903? 1,315,758 ASHFIELD-PLAINFIELD ? 179,077? 117,082 ATHOL-ROYALSTON ? 2,278,852? 2,812,431 BERKSHIRE HILLS ? 778,297? 742,027 BERLIN-BOYLSTON ? 318,535? 275,235 BLACKSTONE-MILLVILLE ? 2,815,634? 2,100,285 BRIDGEWATER-RAYNHAM ? 1,604,840? 1,276,209 BUCKLAND-SHELBURNE ? 347,607? 388,062 CENTRAL BERKSHIRE ? 2,748,685? 1,125,093 CHESTERFIELD-GOSHEN ? 129,836? 93,659 CONCORD-CARLISLE ? 455,422? 486,007 DENNIS-YARMOUTH ? 1,317,900? 1,533,794 DIGHTON-REHOBOTH ? 3,674,674? 2,885,399 DOVER-SHERBORN ? 321,837? 317,809 DUDLEY-CHARLTON ? 3,560,011? 2,817,404 NAUSET ? 368,259? 584,490 FREETOWN-LAKEVILLE ? 1,612,899? 1,018,461 FRONTIER ? 363,421? 231,466 GATEWAY ? 2,188,285? 1,030,628 GROTON-DUNSTABLE ? 1,421,190? 675,890 GILL-MONTAGUE ? 1,908,334? 1,340,268 HAMILTON-WENHAM ? 793,135? 689,895 HAMPDEN-WILBRAHAM ? 1,147,577? 757,027 HAMPSHIRE ? 711,425? 498,621 HAWLEMONT ? 109,706? 43,139 KING PHILIP ? 1,444,967? 1,316,318 LINCOLN-SUDBURY ? 494,300? 707,774 MARTHA'S VINEYARD ? 189,950? 199,197 MASCONOMET ? 703,193? 729,947 MENDON-UPTON ? 1,450,977? 771,462 MOUNT GREYLOCK ? 789,655? 711,466 MOHAWK TRAIL ? 676,742? 406,329 NARRAGANSETT ? 2,004,908? 1,584,779 NASHOBA ? 521,362? 302,348 NEW SALEM-WENDELL ? 137,128? 113,382 NORTHBORO-SOUTHBORO ? 629,195? 338,257 NORTH MIDDLESEX ? 5,159,679? 3,214,797 OLD ROCHESTER ? 485,415? 355,014 PENTUCKET ? 1,188,266? 864,955 PIONEER ? 399,968? 121,567 PLYMOUTH-CARVER ? 2,068,122? 1,344,050 QUABBIN ? 2,597,305? 2,347,703 RALPH C. MAHAR ? 1,075,503? 995,370 SILVER LAKE ? 2,394,109? 2,444,492 SOUTHERN BERKSHIRE ? 357,842? 402,598 SOUTHWICK TOLLAND ? 1,975,307? 2,198,859 SPENCER-EAST BROOKFIELD ? 3,295,773? 4,365,105 TANTASQUA ? 1,313,587? 904,398 TRITON ? 726,679? 474,685 WACHUSETT ? 1,749,185? 1,063,609 QUABOAG ? 1,821,197? 1,854,657 WHITMAN-HANSON ? 1,528,749? 1,597,932 ASSABET VALLEY ? 891,461? 1,586,408 BLACKSTONE VALLEY ? 888,302? 1,751,290 BLUE HILLS ? 615,138? 2,230,940 BRISTOL-PLYMOUTH ? 1,299,895? 1,774,885 CAPE COD ? 317,446? 1,220,606 FRANKLIN COUNTY ? 859,475? 673,936 GREATER FALL RIVER ? 1,088,013? 2,489,405 GREATER LAWRENCE ? 1,888,437? 3,899,247 GREATER NEW BEDFORD ? 2,388,441? 4,753,136 GREATER LOWELL ? 3,241,754? 5,068,444 SOUTH MIDDLESEX ? 578,418? 1,517,367 MINUTEMAN ? 438,394? 1,638,749 MONTACHUSETT ? 1,363,278? 2,515,945 NORTHERN BERKSHIRE ? 695,891? 1,078,788 NASHOBA VALLEY ? 712,201? 983,741 NORTHEAST METROPOLITAN ? 950,000? 2,007,889 NORTH SHORE ? 213,947? 768,615 OLD COLONY ? 721,582? 950,354 PATHFINDER ? 586,622? 623,329 SHAWSHEEN VALLEY ? 1,022,509? 1,736,652 SOUTHEASTERN ? 1,431,476? 3,087,855 SOUTH SHORE ? 670,283? 767,535 SOUTHERN WORCESTER ? 1,272,886? 1,825,127 TRI COUNTY ? 849,525? 1,096,754 UPPER CAPE COD ? 156,557? 508,650 WHITTIER ? 1,523,464? 2,661,936 BRISTOL COUNTY ? 0? 519,704 ESSEX COUNTY ? 0? 1,069,308 NORFOLK COUNTY ? 0? 381,251 `tcol;end

SECTION 4. It is hereby found: (1) that, during the fiscal year ending June thirtieth, nineteen hundred and ninety-one, the economy of the commonwealth of Massachusetts may experience a deepening recession; (2) that, the deteriorating economy may prevent the fiscal health of the commonwealth from fully recovering from it fiscal year nineteen hundred and ninety status despite the best efforts of the general court and the governor to balance the state budget; and (3) that, the budget of the commonwealth of Massachusetts may suffer additional revenue losses because of a poor economy, unfavorable court judgments, and other events. Therefore, it is hereby declared that the commonwealth may face a fiscal emergency in said fiscal year ending June thirtieth, nineteen hundred and ninety-one, that it is in the best interests of the people of the commonwealth to confer upon the governor the powers which are contained in this section, and that the governor should use these powers and all other powers at his disposal to ensure that state expenditures not exceed state revenues for the fiscal year ending June thirtieth, nineteen hundred and ninety-one.

Notwithstanding the provisions of other sections of this act or of any other general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-one, but not for any subsequent fiscal year, the governor is hereby authorized to make reductions in any item of section two of this act, including but not limited to, items of the legislature, of all executive offices, of all constitutional offices, and of all independent agencies, together with their constituent agencies and items within their control, but not including items of the judicial branch of government and items within its control, debt service items, and pension benefit items, if the revenues for the fiscal year ending June thirtieth, nineteen hundred and ninety-one are projected to be insufficient to meet the expenditures authorized by said section two; provided, however, that the governor shall not reduce by more than two percent the amount appropriated for any item in said section two.

The governor may not, at any time during the fiscal year, restore the reductions made pursuant to the first paragraph of this section except as otherwise provided in this paragraph. If the revised tax revenue projections issued by the advisory board on revenue resources and the state economy established under the provisions of section thirty-seven A of chapter seven of the General Laws on or immediately before January fifteenth, nineteen hundred and ninety-one or on or immediately before April fifteenth, nineteen hundred and ninety-one for the fiscal year ending June thirtieth, nineteen hundred and ninety-one exceed by four percent the base tax revenue estimate for the fiscal year nineteen hundred and ninety-one, then the governor may review the reductions made pursuant to the second paragraph of this section and restore said reductions to the extent possible under the revised tax revenue projections.

For the purposes of this section, "the base tax revenue estimate for the fiscal year nineteen hundred and ninety-one" shall mean the actual tax revenues collected in the fiscal year nineteen hundred and ninety less (1) any amounts collected pursuant to section eighteen of chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine, (2) any amount of the deeds excise tax transmitted to the Deeds Excise Fund of each county pursuant to section eleven of chapter sixty-four D of the General Laws, and (3) any amounts of local option taxes, so-called, but with the addition of the amount of tax revenues projected to be collected in fiscal year nineteen hundred and ninety-one pursuant to the tax revenue increases included in chapter one hundred and twenty-one of the acts of nineteen hundred and ninety.

In the event that the revised tax revenue projections issued by said advisory board on or immediately before January fifteenth, nineteen hundred and ninety-one or on or immediately before April fifteenth, nineteen hundred and ninety-one for the fiscal year ending June thirtieth, nineteen hundred and ninety-one fall below the base tax revenue estimate for the fiscal year nineteen hundred and ninety-one, the governor may make further reductions equal to one percent per each item in section two of this act subject to his authority granted pursuant to this section for each percent decrease in the tax revenue projection below the base tax revenue estimate for the fiscal year nineteen hundred and ninety-one; provided, however, that the maximum decrease in any such item pursuant to this section shall not exceed eight percent.

The governor shall notify the legislature and the constitutional offices of any reductions in their respective accounts seven days prior to the effective date of the reductions.

Except for the provisions of the last paragraph of this section, which shall take effect on July first, nineteen hundred and ninety, the provisions of this section shall take effect as of August fifteenth, nineteen hundred and ninety, and shall cease to be effective as of July first, nineteen hundred and ninety-one.

The provisions of section nine C of chapter twenty-nine of the General Laws are hereby suspended for the fiscal year ending June thirtieth, nineteen hundred and ninety-one.

SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer shall make two equal payments to cities, towns and regional school districts for all periodic local reimbursement or assistance programs reported by the commissioner of revenue pursuant to section twenty-five A of chapter fifty-eight of the General Laws, and shall make two equal assessments for all assessment programs for which the commissioner of revenue is required to give notice pursuant to said section twenty-five A; provided, however, that said two equal payments shall be made on December thirty-first, nineteen hundred and ninety and on June thirtieth, nineteen hundred and ninety-one; provided further, that the state treasurer shall make advance payments for some or all of said periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary for administration and finance, pursuant to guidelines established by said secretary.

SECTION 6. Notwithstanding the provisions of clause Forty-first of section seven of chapter four of the General Laws or any other general or special law to the contrary, the commissioner of revenue or any other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section twenty-five A of chapter fifty-eight of the General Laws, including but not limited to the chapter seventy school aid program; and regional public libraries; and for any assessments for which said commissioner is required to give notice pursuant to said section twenty-five A, including but not limited to air pollution control districts; the metropolitan area planning council; the old colony planning council; and the Massachusetts Bay Transportation Authority, shall use the nineteen hundred and eighty-eight city and town population estimates of the United States bureau of the census in calculating distributions under said local reimbursement or assistance programs and in calculating said assessments.

SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-one, the lottery distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten of the General Laws, shall be proportional to the lottery distribution of said funds for the fiscal year ending June thirtieth, nineteen hundred and ninety pursuant to section six of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine.

Notwithstanding the provisions of any general or special law to the contrary, the lottery distribution to cities and towns for the fiscal year ending June thirtieth, nineteen hundred and ninety-one shall not exceed three hundred and six million dollars; provided, further, that the first five million dollars available for transfer from the Lottery Fund to the Local Aid Fund in the fiscal year ending June thirtieth, nineteen hundred and ninety-one shall be transferred to a retained revenue account within the executive office of administration and finance and shall be expended for the purposes of item 1599-3850 of section two; provided further, that any amount in the balance of the Lottery Fund at the end of the fiscal year shall be transferred to the Local Aid Fund and be available for lawful appropriations allowed from the Local Aid Fund.

SECTION 8. The division of local services within the department of revenue shall develop guidelines governing the disbursement of emergency assistance funds retained by the state treasurer pursuant to item 1599-3850 of section two of this act. Said guidelines shall require that said division certify, after study and analysis by said division, that a serious financial emergency exists in a city or town requesting such assistance. Certification of a serious financial emergency shall be based upon the city's or town's excess levy capacity, net free cash and overlay surplus, the total bonded indebtedness as a percentage of equalized property valuation of the municipality, less reserves or appropriations available for payment thereof, the inability of the municipality to provide for the public safety, health, education and welfare within the revenues available to the municipality, as well as any other financial criteria deemed appropriate by said division. Guideline developed pursuant to this section shall also require: (1) that each city or town develop and implement financial management plans to remediate the cause of its financial emergency; (2) that no city or town may receive more than twenty percent of the total amount appropriated in said item and (3) that the house and senate committees on ways and means shall be notified of the approval of any distribution of monies to be made from said item at least fifteen days prior to such distribution.

SECTION 9. Notwithstanding the provisions of section thirty-one of chapter eighty-one of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads shall be distributed in fiscal year nineteen hundred and ninety-one proportionally to the fiscal year nineteen hundred and ninety distribution of said Highway Fund reimbursements.

SECTION 10. All sums appropriated under the provisions of this act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under section two of this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.

Each agency, board, or division, in spending appropriated sums and discharging its statutory responsibilities shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, inservice or apprenticeship training programs, and all terms and conditions of employment. Such affirmative action program shall include efforts required to remedy the effects of present and past discriminatory patterns and practices and any action necessary to guarantee equal opportunity for members of minority groups, women, and handicapped persons.

The commissioner of administration shall conduct an ongoing review of affirmative action steps taken by various agencies, boards, or divisions, to determine whether such agencies are complying with the intent of this section. Whenever such noncompliance is determined by the commissioner, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board, or division, to the governor, and to the Massachusetts commission against discrimination.

SECTION 11. During fiscal year nineteen hundred and ninety-one, notwithstanding the provisions of any general or special law to the contrary, payments for fiscal year nineteen hundred and ninety and prior fiscal years cost of certain personnel classification appeals, approved and granted by the personnel administrator in accordance with the provisions of section forty-nine of chapter thirty of the General Laws, the cost of certain salary adjustments established under the provisions of section five of chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty-four, and costs as determined by certain arbitration awards issued pursuant to section eight of chapter one hundred and fifty of the General Laws, may, at the discretion of the secretary of administration and finance, be charged to items of appropriation for fiscal years nineteen hundred and ninety and nineteen hundred and ninety-one.

SECTION 12. Notwithstanding the provisions of any general or special law to the contrary, amounts appropriated in each of the following items in section two are hereby authorized to be expended, pursuant to the court judgment in Quirk V. Anrig, for the costs of retroactive salary adjustments for services provided by institutional school personnel funded from said items: 4311-0009, 4513-1000, 4540-0001, 5046-0000, 5047-0000, 5051-0100, 5095-0000, 5948-0000, 5983-0100.

SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall not authorize the payment of regular compensation, including paid leave, vacations, salary in lieu of vacations, payments in lieu of maintenance, holiday pay, overtime pay, and salary differentials from any account funded by an appropriation in section two of this act unless the following requirements are met: Each state agency or office of the judiciary receiving an appropriation in said section two shall not fill a total number of positions which exceeds the number of positions as specifically provided for in each item in said section two. For the purposes of this section, a "position" shall mean a full-time equivalent office or position in which one or more persons are currently employed, but shall not include the positions of board members or commissioners who are not full-time state employees. "Position" shall not mean any office or position in which no one is currently employed; provided that, for the purposes of this section, such unfilled offices or positions shall be referred to as "vacant titles". "Position" shall mean an authorized position created by statute or under the civil service law whether the incumbent holding the position is on a permanent, provisional, or temporary appointment and all authorized positions other than seasonal positions as defined in section one of chapter thirty-one of the General Laws, excess quota positions and positions for a period of ninety days or less.

The house and senate committees on ways and means shall forward to the commissioner of administration an approved list of all new positions funded for fiscal year nineteen hundred and ninety on or before August fifteenth of the fiscal year.

No person shall be hired by a state agency or office of the judiciary and assigned a permanent or temporary position or a previously vacant title unless such position or vacant title is included on said list of all new positions or on a previously approved schedule; provided, however, that the hiring of any person from said list of all new positions shall not cause any item of appropriation in section two of this act to be deficient at any time during the course of the fiscal year.

The commissioner of administration shall file the most recently approved amended schedules of positions no later than September fifteenth, of the fiscal year with the house and senate committees on ways and means. Such schedules shall include recommendations of the list of new positions which were forwarded to said commissioner on or before August fifteenth, of the fiscal year and shall contain no other list of new positions or amendments. All such permanent and temporary positions shall be allocated to and paid from subsidiary accounts only in accordance with said schedules, as approved by the house and senate committees on ways and means.

The personnel administrator shall, not later than two weeks after the receipt of a personnel schedule approved by the house and senate committees on ways and means, notify said committees of the action taken by the personnel administrator regarding new positions or reallocations of positions and reallocations not released.

The commissioner of administration shall file, when appropriate, a recommended schedule of all seasonal positions and titles as defined in section one of chapter thirty-one of the General Laws, excess quota positions, and positions and titles to be appointed for a period of ninety days or less with the house and senate committees on ways and means. No seasonal position, excess quota position or position to be appointed for less than ninety days shall be hired by a state agency or an office of the judiciary until it has been authorized by a schedule approved by the house and senate committees on ways and means. Until such time as a new schedule is so approved, the previous schedule shall remain in effect. Seasonal positions, excess quota positions and positions for a period of ninety days or less, so approved, shall be allowed in addition to positions authorized in section two of this act.

Nothing in this section or in section two of this act shall be interpreted so as to affect any employee's civil service rights. Any employee who exercises any such right to return to a permanent position in any agency or office of the judiciary shall be allowed to exercise such right, notwithstanding the fact that such agency may have filled all the positions allowed pursuant to this section. In such circumstances, said commissioner shall file notice of the exercise of such right, including the position number and agency affected, with the house and senate committees on ways and means.

State agencies and offices of the judiciary are hereby authorized to transfer any authorized job title from the list of vacant titles to and from the list of scheduled permanent and temporary positions, subject only to notification of the personnel administrator and subject to the total number of positions allowable under this section.

The provisions of this section and of clause (d) of paragraph (4) of section forty-five of chapter thirty of the General Laws, shall not apply to any office or position in the general court, the office of the governor, the office of the lieutenant governor, the office of the state secretary, the office of the state auditor, the office of the attorney general, and the office of the state treasurer, the supreme judicial court, the appeals court and the judicial conduct commission.

SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, no department, board, commission, or other agency within the jurisdiction of the executive office of human services shall authorize contracted or purchased services to their client populations at an annualized cost which exceeds the amount of monies appropriated for such services in section two of this act; provided, however, that the above provisions shall not apply to new programs funded in items 4120-0012, 4311-0004, 4349-0001, 4380-0001, 4407-1010, 4512-0103, 5046-0000, 5047-0000, 5095-0000, 5911-0006, 5948-0000, and 5983-0100 in section two of this act from which accounts new programming may be authorized at an annualized cost which is not greater than twice the amount of six month funding; nor shall any public institution of higher education begin a new program unless sufficient funding is available from an appropriation in section two of this act. No such expenditures or commitment of monies for such services, either by contract or other agreement, shall be made in excess of the amount of monies appropriated for such services.

SECTION 15. Notwithstanding the provisions of section thirteen of chapter twenty-nine of the General Laws, only that portion of an appropriation for ordinary maintenance representing obligations incurred during the fiscal year which are outstanding at the close of the fiscal year and which are encumbered on the records of the office of the comptroller at the close of the fiscal year may be applied to the payment thereof in the four months immediately succeeding such fiscal year.

SECTION 16. Notwithstanding the provisions of any general or special law to the contrary, the budget director shall file a report, on or before December first, nineteen hundred and ninety and monthly thereafter, describing by line-item account the amount anticipated as an unencumbered balance of the appropriation at the end of the fiscal year. The report shall include on a line-item basis an explanation of why the identified amounts will be available to be reverted. Said report shall be filed with the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means.

SECTION 17. Pursuant to section twelve of chapter eleven of the General Laws, the state auditor shall be authorized, in implementing his audit mandate, to make sunset recommendations regarding any state program, function, or activity when it is determined that said program, function, or activity is duplicative, unnecessary, and wasteful or has accomplished its objective.

SECTION 18. Notwithstanding the provisions of any general or special law to the contrary, every state agency receiving an appropriation under section two of this act shall include as part of its submission to the budget director under section three of chapter twenty-nine of the General Laws for fiscal year nineteen hundred and ninety-two, a statement showing in detail the current condition of the buildings and other facilities under the control of such agency, and a statement identifying by facility all necessary operating costs associated with facility maintenance including but not limited to staff, service contracts, utilities, supplies, and equipment and repair funds. The budget director shall include in recommendations prepared pursuant to section six of said chapter twenty-nine a statement by facility of all categories of operation costs and the recommended amounts of such costs associated with facility maintenance. The budget submitted by the governor to the general court shall contain a recommendation by facility for all operating costs identified by the budget director pursuant to this section.

SECTION 19. No funds appropriated in section two of this act shall be expended for greeting cards to celebrate Christmas, Hanukkah, New Years, or any other holidays.

SECTION 20. Each member of the general court shall be paid an allowance for each day after prorogation of the general court when on legislative business affairs at the state house in accordance with the schedule contained in section nine B of chapter three of the General Laws.

SECTION 21. Notwithstanding the provisions of any general or special law to the contrary, the chief administrative justice may assign probation officers among the various departments, divisions or places for holding court of the trial court, provided that no such assignment shall be made until there is agreement concerning said assignments between the parties to the collective bargaining agreement covering probation officers. A chief probation officer shall not be transferred without his express consent.

SECTION 22. Each city, town, or county receiving monies from item 0330-2200 of section two of this act shall submit a report detailing the purposes and amounts of all expenditures made from monies appropriated under item 0330-2200 in section two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine to the chief administrative justice of the trial court, the house and senate committees on ways and means and the division of capital planning and operations on or before November first, nineteen hundred and ninety.

SECTION 23. Notwithstanding the provisions of chapter two hundred and eleven D of the General Laws or any general or special law to the contrary, the committee for public counsel services may accept and disburse royalty income from contracts entered into during nineteen hundred and eighty-five, nineteen hundred and eighty-six, nineteen hundred and eighty-seven, nineteen hundred and eighty-eight, nineteen hundred and eighty-nine, nineteen hundred and ninety and nineteen hundred and ninety-one, not to exceed five thousand dollars per year.

SECTION 24. The state treasurer shall prepare and submit to the house and senate committees on ways and means on or before August fifteenth, November fifteenth, February fifteenth, and May fifteenth official cash-flow projections for the current fiscal year and for the fiscal quarters beginning October first, January first, April first, and July first, respectively. Included in said projections shall be estimated spending and revenue, along with assumptions used to derive said estimates and identification of any cash-flow gaps. Variance reports, which compare actual revenues and spending with planned revenues and spending, shall be produced weekly by the treasurer and distributed to the comptroller's division, the department of revenue, and the executive office for administration and finance. All data required by the treasurer's office for production of annual and quarterly cash-flow projections and weekly variance reports shall be submitted by state agencies in a timely fashion, on or before deadlines established by the treasurer's office. The department of revenue shall be responsible for providing estimates of tax receipts and the office of the comptroller for providing estimates of agency spending and non-tax revenue receipts.

The executive office for administration and finance and the treasurer's office shall jointly develop and approve annual and quarterly cash management plans to address gaps identified by cash-flow projections and variance reports. Said management plans shall clearly identify the roles to be played by short-term borrowing, investment policy, expenditure controls, and revenue management in providing necessary cash. An annual cash management plan, approved by the secretary of administration and finance and the state treasurer, shall be submitted to the house and senate committees on ways and means on or before September first, with quarterly updates filed on January first, April first, and July first.

SECTION 25. Notwithstanding the provisions of paragraph (b) of subdivision (8) of section twenty-two of chapter thirty-two of the General Laws, any appropriations pursuant to section twenty-two B of said chapter thirty-two, made on behalf of any system participating in the Pension Reserve Investment Trust Fund shall be in an amount that is proportionate to the amount of assets of each system participating in the Pension Reserve Investment Trust Fund as of December thirty-first, nineteen hundred and eighty-nine as determined by the public employee retirement administration.

SECTION 26. Notwithstanding the provisions of any general or special law to the contrary, no funds of the state employees' retirement system, the state teachers' retirement system, or the Pension Reserves Investment Trust Fund shall be loaned or pledged to the commonwealth, or used for the purchase of any bond, note or other obligation of the commonwealth without the prior approval of the investment committee established under paragraph (a) of subdivision (1) of section twenty-three of chapter thirty-two of the General Laws or of the pension reserves investment management board, as applicable, and the prior written notification of the house and senate committees on ways and means; provided further, that the requirements of this section shall be in addition to and not in lieu of any other requirements established under any general or special law for the investment and use of such funds.

SECTION 27. The attorney general shall submit a quarterly report within fifteen days of the end of each quarter to the house and senate committees on ways and means and the secretary of administration and finance detailing claims which the department of the attorney general has submitted within the preceding quarter to the office of the state treasurer for payment from item 0611-5000 of section two of this act. Said reports shall show the number and cost of claims submitted for each category of claim. Said categories shall include but shall not be limited to physicians' costs, lost wages, funeral expenses and attorneys' fees. Said reports shall also show the number and cost by said categories broken down by the fiscal year in which said claims were ordered to be paid by the court.

SECTION 28. Notwithstanding the provisions of chapter two hundred and fifty-eight B of the General Laws or any general or special law to the contrary, the victim and witness assistance board is hereby authorized, subject to appropriation, to disburse funds from the Victim and Witness Assistance Fund to the several district attorneys to fund multidisciplinary teams responsible for child sexual abuse litigation.

Notwithstanding the provisions of section forty-nine of chapter ten of the General Laws or any other general or special law to the contrary, all funds collected pursuant to section eight of chapter two hundred and fifty-eight B of the General Laws shall be deposited and retained in the Victim and Witness Assistance Fund and may be expended in accordance with applicable law and the provisions of this section.

SECTION 29. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth from rentals, commission fees, and parking fees and from any and all other sources pertaining to the operation of the state transportation building shall be credited to a fund on the books of the commonwealth to be known as the State Transportation Building Management Fund. Said fund shall be used for the maintenance and operation of said building.

The division of capital planning and operations shall enter into a contract for the provision of building management services for the operation and maintenance of the state transportation building with one of the public agency tenants of said building; said agency shall have experience in operating building facilities.

The building manager shall collect all monies payable to the commonwealth relating to the operation of the state transportation building and deposit the same in the State Transportation Building Management Fund to be expended as provided in item 1102-3214 of section two of this act.

The division of capital planning and operations shall file, on a quarterly basis, an itemization of all such expenditures paid from fund with the commissioner of administration and the house and senate committees on ways and means.

SECTION 30. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth from rents charged to agencies occupying the Springfield state office building pursuant to agreements entered into between the division of capital planning and operations and such agencies shall be credited to a fund on the books of the commonwealth to be known as the Springfield State Office Building Management Fund. Said fund shall be used solely for the maintenance and operation of said building.

The division of capital planning and operations, with the approval of the commissioner of administration, shall collect all monies relating to the operation of said building and deposit the same in the Springfield State Office Building Management Fund, to be expended as provided in item 1102-5231 of section two of this act.

The deputy commissioner of the said division shall file with the commissioner of administration and the house and senate committees on ways and means, no later than September first of each year, an annual report of the fund's income, expenditures, and balances, based upon the status of the fund on June thirtieth of the preceding fiscal year.

SECTION 31. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of administration is hereby authorized and directed to charge agencies for a portion, as set forth below, of the workers' compensation costs incurred on behalf of the employees of said agencies. The division of public employee retirement administration then will allocate to each agency a quarterly workers' compensation credit equaling eighty-five percent of one-fourth of the agency's fiscal year nineteen hundred and eighty-nine workers' compensation costs.

When an agency has incurred quarterly workers' compensation costs which exceed the amount of its quarterly credit, the comptroller shall charge the difference between the agency's workers' compensation costs and its credit to the agency's appropriation accounts and transfer this amount to the state's account for the purposes of workers' compensation paid to public employees for any additional costs incurred during the fiscal year. The division of public employee retirement administration may expend any amounts collected from all agencies under this workers' compensation chargeback, not to exceed twenty-two million dollars, to pay for the hospital, physician, benefits, and other costs normally paid out of this account subject to item 1108-6201 in section two C of this act, without further appropriation. Should the amount of an agency's quarterly credit exceed its quarterly workers' compensation costs, the difference shall be applied as a credit to the next invoice, provided that no such credits shall be carried forward into the next fiscal year.

By no later than fourteen days after the effective date of this act, the commissioner of administration shall determine and provide each agency with annual credits and estimated annual costs of charges, as herein described, and shall require all agencies to encumber funds that are sufficient to meet the annual charges. Within thirty days after the effective date of this act, for any agency that fails to encumber funds that are sufficient to meet the annual estimated charges, the comptroller is hereby authorized to encumber funds that are sufficient to meet the annual charges on behalf of such agency.

The commissioner of administration is authorized to establish regulations and procedures to implement this section, including those procedures necessary to adjust charges to any agency which incurred no workers' compensation costs in fiscal year nineteen hundred and eighty-nine to reflect quarterly credits reasonably based upon the size of said agency's staff and their functions, provided however, that all regulations and procedures to further implement this section and amendments thereto shall be filed with the house and senate committees on ways and means prior to implementation. The commissioner of administration shall file a quarterly report with the house and senate committees on ways and means. Said report shall include the quarterly credit allocation, quarterly charge, and the balance of each agency's credit level for the year to date.

SECTION 32. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of administration is authorized and directed to charge agencies, other than the general court, for the cost of computer resources and services provided by the office of management information systems bureau of computer services. The cost of each computer resource or service shall be determined by a rate structure which shall be established annually by the commissioner of administration on or before August first for the subsequent fiscal year. Resources shall include, but not be limited to, computer hours, on-line storage, tape storage, tape mounts, printers, bursting, decollating and inserting services, data communications devices and data entry and records management services. The office of management information systems shall create a user group consisting of a representative sample of the bureau's user agencies, which shall propose amendments to the bureau's rate structure to the commissioner of administration. The bureau shall issue an invoice by the fifteenth day of each month to each user agency, itemizing the agency's use of bureau resources, and the cost for those resources, for the preceding month. Invoices shall include resources consumed by agencies to access all statewide systems operated by the bureau including the personnel payroll management information system, also known as "PMIS", and the Massachusetts management accounting and reporting system, also known as "MMARS".

The bureau shall determine the amount of all direct and indirect expenditures relating to the activities of the bureau and the operation of the bureau's data center during a base fiscal year, which shall be fiscal year nineteen hundred and eighty-seven, and the portion of such amount reasonably allocable to each agency of the commonwealth that used the bureau's services or facility during the fiscal year. The bureau shall allocate one-twelfth of each agency's portion to the agency monthly and shall show the allocation as a credit on the agency's monthly invoices. The commissioner of administration shall establish procedures to provide monthly credits to first-time users of statewide systems and annualization of these credits in succeeding fiscal years, to adjust agency credits as necessary to match allocated credits to the bureau's costs. The comptroller shall charge the difference between an agency's monthly charge and its monthly credit to the agency's appropriation accounts in each case in which the monthly charge exceeds the monthly credit. Should the monthly credit exceed the monthly charge, the bureau shall apply the difference, first against any charges previously applied to the agency's appropriation, then as a credit on the next month's invoice, provided that no credits shall be carried forward past the end of the fiscal year.

The bureau shall submit a report to the house and senate committees on ways and means by the end of each month summarizing each agency's charges for the preceding month and for the fiscal year to date, each agency's monthly credits, the credits carried forward for each agency from previous months, the difference between the charges and the sum of the credits, and the rate structure upon which the charges were based. The report shall also show the balance in the bureau's revenue account at the beginning of the month, the amount of funds deposited to the account during the month, the amount billed to but not yet paid by agencies, the amount of funds expended from the account during the month, a listing of the goods or services obtained by those expenditures, and the balance at the end of the month.

The commissioner of administration is authorized to establish regulations and procedures to further implement this section including, but not limited to, the development and distribution of forms and instructions to be included as part of the agency's submission to the budget director under section three of chapter twenty-nine of the General Laws for the fiscal year nineteen hundred and ninety-one budget cycle.

SECTION 33. The comptroller is hereby directed to fully utilize any and all authority which has been granted to the office of the comptroller for the collection of non-tax revenues in order to achieve the maximum amount of revenue available to the commonwealth from federal and other sources for the fiscal year ending on June thirtieth, nineteen hundred and ninety-one. Non-tax revenues shall include but not be limited to federal and other reimbursements, departmental fees and fines, interest income and assessments. The comptroller shall provide technical support to all state agencies involved in the collection of such revenue.

The comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues and revenues collected.

SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of revenue shall file a report on the amount of tax revenues collected by the commonwealth during the preceding month. The report shall specify the amount collected by revenue source, including estimated payments, refunds, payments with returns and bill payments for the corporate, insurance, public utility, commercial bank and savings bank excise tax, and including taxes not collected by the department of revenue; a comparison of the revenues collected with the amounts collected during the same period in the prior physical year; revised revenue projections for the remainder of the fiscal year; and an explanation of said revisions. Said report shall be filed on or before the eighth working day of each month with the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means.

SECTION 35. The commissioner of revenue shall prepare a report with the following information: (1) a statement, by city or town, of the amount of payments made "in lieu of taxes" under the provisions of sections thirteen, seventeen, seventeen A and seventeen B of chapter fifty-eight; (2) a statement of the approximate fair cash value of lands acquired by the commonwealth before the first of June, nineteen hundred and eighty-seven; and (3) a statement of the approximate fair cash value of lands acquired by the commonwealth since the first of June, nineteen hundred and eighty-seven, and to what extent said approximate fair cash value is reflected in payments made "in lieu of taxes" under the provisions of sections thirteen, seventeen, seventeen A and seventeen B of chapter fifty-eight. Said report shall be filed by the commissioner of revenue with the clerks of the house and of the senate on or before January first, nineteen hundred and ninety-one, and the clerks shall refer said report to the house and senate committees on ways and means.

SECTION 36. (1) The secretary of administration and finance is hereby authorized and directed to establish and implement, within forty-five days after the effective date of this act, guidelines for the utilization of passenger vehicles and light duty pickups that are owned, leased or assigned to any agency within the executive branch of state government. Said guidelines shall require the following:

(a) no agency may purchase, enter into a new lease for the use of, or obtain the ownership of a passenger vehicle or light duty pickup without the approval of the secretary of administration and finance.

(b) no employee shall use a passenger vehicle or light duty pickup to travel from the employee's place of residence to the employee's place of work, unless such use is specifically authorized by the secretary of administration and finance; and provided further that such employees shall be prohibited from using motor vehicles for any personal uses.

(c) each agency shall provide said secretary with a monthly passenger vehicle and light duty pickup report, in a form as he shall prescribe. Said report shall include the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle.

(d) pursuant to administrative bulletin 89-6 issued by the executive office of administration and finance, any passenger vehicle or light duty pickup truck that does not meet the criteria to be assigned to a state agency, shall be placed in the state procurement department's "Motor Pool", so-called, provided that, said secretary shall determine the need for the quantity and type of vehicles in the Motor Pool. All motor vehicles in the Motor Pool that are in excess of the quantity and are not of the type necessary for said pool shall be considered surplus state property and subject to disposition in accordance with the General Laws.

(2) Said secretary shall submit a semi-annual motor vehicle utilization report to the house and senate committees on ways and means. Said report shall include the following:

(a) all purchases, pursuant to clause (a) of subsection (1), approved by the secretary, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. The secretary shall identify the funding source for each such purchase.

(b) any authorization pursuant to clause (b) of subsection (1); provided, that said secretary shall include the name, office location, position number and position title of the employee given such authorization; the year, make, registration number and actual monthly mileage of the vehicle assigned to such employee; and a detailed explanation of the need for such authorization.

(c) a complete listing of passenger vehicles and light duty pickups, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. Said report shall not include vehicles with confidential plates, as provided in administrative bulletin 89-6 issued by the executive office of administration and finance; provided, however, that said report shall state the number of confidential plates that have been issued.

(d) a listing of passenger vehicles and light duty pickups that were subject to disposition during the prior month identifying the former state vehicle by the year, make, registration number, and actual monthly mileage, and the name, position number, and position title of the employee last assigned to each vehicle.

SECTION 37. The secretary of administration and finance, the secretary of the executive office of transportation and construction, the secretary of executive office of human services, and the executive office of elder affairs, shall study and propose a plan providing for more efficient means and economic coordination of transportation services currently provided to agencies within the human services and elder affairs secretariates. Said study and plan shall include, but not be limited to, identification of current transportation programs and costs, analyses of existing transportation contracts, and the costs effectiveness of regional transit authorities as transportation providers. Copies of the plan and any relevant legislation shall be filed by March first, nineteen hundred and ninety-one with the house and senate committees on ways and means.

SECTION 38. In accordance with the provisions of section forty G of chapter seven of the General Laws, the deputy commissioner of capital planning and operations is hereby authorized to include an escalator clause in state agency leases of space entered into between July first, nineteen hundred and ninety and June thirtieth, nineteen hundred and ninety-one, provided that the maximum escalation rate shall not exceed limits to be established in regulations promulgated by the deputy commissioner. The deputy commissioner shall file with the house and senate committees on ways and means any regulations adopted pursuant to this section and any amendments thereto, immediately upon their adoption and shall report quarterly to said committees on any leases entered into subject to the provisions of this section and the maximum escalation rate pertaining thereto.

SECTION 39. Notwithstanding the provisions of section forty-four A of chapter one hundred and forty-nine of the General Laws, the deputy commissioner of the division of capital planning and operations is hereby authorized, during fiscal year nineteen hundred and ninety-one, to solicit proposals for and award contracts to the lowest bidder demonstrably possessing the skill, ability, and integrity necessary to perform faithfully energy management services at buildings owned by state agencies or building authorities; provided, however, that such awards shall be made pursuant to the provisions of section twenty A of chapter nine, and section forty-four D and forty-four J of chapter one hundred and forty-nine of the General Laws; and provided further, that any invitation to bid on such energy conservation contracts, as authorized in this section, shall be filed with the division of energy resources at least fourteen days prior to the publication of any notice of such invitations to bid.

Such contracts shall be subject to appropriation and may include terms of ten years or less, provisions allocating between the parties any cost savings attributable to a reduction in energy and water consumption due to the contractor's performances or revenues gained due to contractor's services which are aimed at energy and water cost savings, and authorization for the contractor, subject to the approval of said deputy commissioner, to undertake various repairs and modifications to the mechanical systems of said buildings. Energy management contracts that include cogeneration projects shall include terms of twenty years or less.

Notwithstanding the provisions of section forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws, cities, towns, local housing authorities, and counties are hereby authorized, during fiscal year nineteen hundred and ninety-one, to award contracts for the purchase of energy management services to the bidder demonstrably possessing the skill, ability, and integrity to perform faithfully such services on the terms most favorable to the awarding authority; provided, that such awards shall be made after (i) public advertising for proposals, at least two weeks before the date specified for the submission of proposals, in at least one newspaper, if any, published in the town, city, or county and in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws and (ii) prompt publication of the successful bidder. Contracts awarded under this paragraph may include provisions allocating between the parties any cost savings attributable to a reduction in energy consumption due to the contractor's performance. Any invitation to bid on such energy conservation contracts offered by any city, town, housing authority, or county shall be filed with the division of energy resources at least sixty days prior to the publication of any notice of such invitations to bid.

For the purposes of this section, the term "energy management services" shall include, but not be limited to, energy audits, energy conservation projects as defined by section three of chapter seventy-five A of the General Laws, as well as building maintenance and financing services designed to decrease the cost of energy and water in operating said buildings.

SECTION 40. The deputy commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, waste water treatment and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The deputy commissioner may, in accordance with schedules approved by the commissioner of administration and finance, employ or reassign employees of the division to said project as may be required; provided, that the salaries and administrative expenses shall be charged to the accounts funding the project. Said charges shall not exceed seven percent of the following appropriation accounts: 1100-1561, 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-7898, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895 and 1102-8899.

SECTION 41. The department of procurement and general services is hereby authorized and directed to study the financial feasibility of purchasing recycled paper rather than virgin stock for the commonwealth's paper needs. In conducting the study said department shall consult agency procurement personnel. Said study shall include, but not be limited to, an assessment of the current recycled paper market, an analysis of the potential for market stimulation by additional state purchases and the residual market impacts such as, the encouragement of product recycling and a reduction in the waste stream of the commonwealth and its cities and towns. Said study shall also include a plan to phase in the purchases over no more than three years. An initial report shall be filed with the house and senate committees on ways and means on or before December first, nineteen hundred and ninety. A final report and recommendations, including legislation necessary to carry such recommendations into effect, shall be filed with said committees on or before February first, nineteen hundred and ninety-one. Said department shall be prohibited from requesting an extension of time for filing the initial report and the final report as required under the provisions of this section.

SECTION 42. In accordance with section four A of chapter seven of the General Laws, there shall be established within the department of procurement and general services, but not subject to its control, a division of purchased services. Except as otherwise specifically provided in this section, said division shall have primary responsibility for the implementation and coordination of an efficient and accountable system of procurement, selection, pricing, contract administration, program monitoring and evaluation, contract compliance and post audit for the commonwealth and any department, agency, board or commission of the commonwealth which procures or pays for social services from providers. Said division shall have sole responsibility for the pricing of all social services purchased from providers by school districts or other political subdivisions of the commonwealth. For purposes of this section, the term "social services" shall mean any social, special educational, mental health, mental retardation, habilitative, rehabilitative, vocational, employment and training or elder services or accommodations, including any programs provided pursuant to chapter seventy-one B of the General Laws, but excluding any services which are reimbursable under Title XIX of the Social Security Act; the term "governmental unit" shall mean the commonwealth and any department, agency, board or commission of the commonwealth and any school district or other political subdivision of the commonwealth; and the term "price" shall mean the amount in dollars to be paid for a given service or program, regardless of how expressed.

The division shall be headed by an assistant commissioner, who shall be appointed by the secretary of administration and who shall have administrative responsibility for said division. Said position shall be classified in accordance with section forty-five of chapter thirty, and the salary therefore shall be determined in accordance with section forty-six C of said chapter thirty. The assistant commissioner shall be subject to removal by the secretary of administration, only for good cause. The assistant commissioner may, in accordance with chapter thirty A, after public hearing and notice to appropriate boards as provided in this section, promulgate rules and regulations required to develop, implement, administer and monitor the programs and functions of said division.

The division shall be comprised of such bureaus as may be necessary to carry out the mission of the division of purchased services, including but not limited to, a bureau of program pricing, an audit bureau, and a bureau of data base management. Each bureau shall be headed by a director appointed by and serving at the pleasure of the assistant commissioner.

The bureau of program pricing shall have responsibility for prescribing the methodology to be used in determining the prices to be reimbursed to providers of social services by governmental units. Said bureau shall be comprised of a unit for special education program pricing and a unit for other social services program pricing. Said bureau shall not determine the prices or methodology to be utilized in determining reimbursements for provider costs under Title XIX of the Social Security Act. The bureau shall determine prices annually by the first Wednesday in February; provided, that any procuring agency or provider aggrieved by any action or failure to act of the bureau or division may request the assistant commissioner to conduct a review to determine whether the prescribed method has been properly applied; provided further, that prior to submission of the governor's annual budget to the general court, the bureau of program pricing shall develop and publish an estimate of the inflation rate to be considered in determining the price of social services, where appropriate, for the following fiscal year. Nothing herein shall preclude said bureau from setting a price at any time for a new social service program established for the first time, or for individual and sole source prices as provided in the regulations governing programs established pursuant to chapter seventy-one B of the General Laws.

There shall be a social service policy advisory board consisting of the secretary of human services, or his designee, the secretary of elder affairs, or his designee, the commissioner of education, or his designee, a representative of the associated industries of Massachusetts who shall be selected by that organization, a representative of the Massachusetts association of approved private schools who shall be selected by that organization, and twelve members to be appointed by the Governor, one of who shall be a representative of a provider contracting with one agency within the executive office of human services, one of whom shall be a representative of a provider contracting with two or more agencies within the executive office of human services, one of whom shall be a representative of a provider contracting with the department of elder affairs, one of whom shall be a representative of a private school approved pursuant to chapter seventy-one B of the General Laws, one of whom shall be a consumer of services provided by one or more of the agencies within the executive office of human services, one of whom shall be a consumer of services provided by an agency contracting with the executive office of elder affairs and one of whom shall be a parent of a child with special education needs. Each appointed member of said board shall be appointed for a term of three years and may be reappointed, provided that among the initial appointed members, four shall be appointed for a term of one year, four shall be appointed for a term of two years, and four shall be appointed for a term of three years. The chairperson of said board shall be appointed by the Governor and shall serve in this function for a term of not more than one year. Said board shall meet quarterly and shall make recommendations to the assistant commissioner on matters of policy and operation of the bureau. Except in the case of emergency regulations, at least sixty days before the date of public hearing on any proposed regulation, the assistant commissioner shall provide a copy thereof, together with an explanatory statement, to said board. The assistant commissioner shall give due consideration to comments on such proposed regulation submitted by said board or any members thereof. Said board shall report within the first six months of the establishment of the division and annually thereafter, to the house and senate committee on ways and means on its findings, opinions and recommendations for legislation.

All governmental units shall pay the prices established by the division. All prices for social services established directly by the division or pursuant to methodologies prescribed by the division shall be fair, reasonable and adequate. Each price of social services established by the division or pursuant to methodologies prescribed by the division shall be deemed a regulation and shall be promulgated pursuant to chapter thirty A and be reviewable as hereafter provided.

Any provider aggrieved by the division's action or failure to act with respect to a price, and desiring review thereof, may file an appeal with the division of administrative law appeals in accordance with section four H of chapter seven of the General Laws. The question on appeal of a decision of the division of purchased services shall be whether said division, in taking the action challenged by the aggrieved party, has properly applied its regulations. this paragraph shall not be construed to confer a right upon any aggrieved party to challenge, in a proceeding before the division of administrative law appeals, the procedural or substantive validity of any regulation of general applicability promulgated by the division of purchased services. Such challenges shall be brought exclusively in the superior courts of the commonwealth in accordance with the provisions of chapter thirty A of the General Laws. Subject to the foregoing limitations, any price established on appeal shall be fair, reasonable and adequate.

The audit bureau shall have responsibility for the establishment of guidelines and standards, consistent with generally accepted governmental auditing standards; for independent financial and performance audits of providers of social services to governmental units; provided, however, that program audits of providers of special education services shall be conducted by the department of education in accordance with chapter seventy-one B of the General Laws and 20 USC sections 1401 et seq.; provided, further, that said bureau shall conduct audits of providers as needed to monitor compliance with applicable fiscal policies; provided further, that said bureau shall develop and administer a uniform system of financial accounting, allocation, reporting, and auditing of all providers which conforms to generally accepted governmental auditing standards; provided further, said bureau can recover commonwealth funds where appropriate; provided further, said division may conduct quality assurance reviews of audit reports prepared for providers.

The bureau of data base management shall develop and administer a comprehensive and uniform data base of social services provider financial and statistical data to support the policy development, pricing methodology, budget analysis and purchase of service functions of governmental units. Said bureau shall conduct a study to determine the feasibility of developing a database of client services.

All books, papers, records, and documents which are in the custody of the rate setting commission which relate to the rates for social, rehabilitative, or educational services as determined by the bureau of program pricing, or are in the custody of the executive office of human services office of auditing shall be transferred to the division.

All rates, classifications and other regulations pertaining or relating to rates for any fiscal year prior to the one commencing on July first, nineteen hundred and ninety-one for social services which have been promulgated by the rate setting commission and which immediately prior to the effective date of this section are in effect or are due to go into effect shall remain in full force and effect until changed or repealed by the division. Notwithstanding the passage of this section, all petitions, hearings and other proceedings which are duly pending before, and all prosecutions and legal and other proceedings which have been commenced by or against the rate setting commission with respect to rates of social services prior to the fiscal year commencing July first, nineteen hundred and ninety-one shall continue unabated, remain in force, and be completed by or before the rate setting commission no later than June thirtieth, nineteen hundred and ninety-one at which time any issue remaining unresolved shall be the responsibility of the division. Said division shall be bound by, and have the benefit of, all judicial and administrative orders and judgements entered prior to the effective date of this section against or in favor of the rate setting commission with respect to rates for social services for fiscal years prior to the one commencing on July first, nineteen hundred and ninety. Any appeals pending before the division of administrative law appeals or the courts as of July first, nineteen hundred and ninety-one, shall become the responsibility of the division of purchased services at that time. Notwithstanding the provisions of this section, the division shall have the responsibility for all petitions, hearings, and other proceedings pertaining to individual or sole source prices for the fiscal year commencing July first, nineteen hundred and ninety for programs pursuant to chapter seventy-one B of the General Laws.

Any employee of the office of auditing and accounts within the executive office of human services so serving immediately prior to the effective date of this section who has not been offered employment with the division of purchased services under the executive office of administration and finance shall be assigned to other responsibilities consistent with his job specification within the executive office of human services or any agency thereof, without impairment of seniority, retirement or other rights of employment and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reassignment.

The assistant commissioner in consultation with the director of the bureau of social service pricing shall develop a pilot pricing model for use in fiscal year nineteen hundred and ninety-two based on a component based method of pricing. Said pilot shall be comprised of representative sample of providers of social services to one or more agencies under the executive office of human services and of providers of special education services. The assistant commissioner shall submit a proposal for such pilot plan, including the proposed field test methodology, to the house and senate committees on ways and means on or before December first, nineteen hundred and ninety.

The assistant commissioner is hereby authorized and directed to conduct, in consultation with the executive offices of human services and elder affairs, and the department of education, a complete examination of the entire body of licensing, quality assurance and accreditation standards, policies and procedures used by the commonwealth or any department, agency, board or commission thereof in connection with the purchase of social services from providers. The goal of this study is to create a single set of baseline standards for client health and safety. This study shall include but not be limited to: (1) surveying existing regulations, standards and policies and assessing levels of resources currently allocated to these activities and numbers of programs currently licensed, certified or accredited against each set of standards; (2) creating a set of uniform health and safety standards and program-specific supplements, using private accreditation systems in lieu of state-operated quality assurance systems wherever possible and requiring standards and measurements oriented toward efficiency and performance; (3) assessing the cost savings from, and resource needs for, implementation; (4) developing appropriate enabling legislation for a consolidated single state licensing and quality assurance entity, including adjustments to appropriations and transfers of departmental staff; (5) preparing an implementation plan for coordinated program assessment and integration into a five-year contract cycle; and (6) linking program assessment and evaluation information to the provider financial data to create a comprehensive, state-wide information system. Upon completion of this study, the assistant commissioner shall submit this study to the house and senate committees on ways and means.

SECTION 43. Notwithstanding the provisions of any general or special law to the contrary, including the standards established in sections thirty-two to forty-six, inclusive, of chapter six A of the General Laws, the rates for programs pursuant to chapter seventy-one B of the General Laws in the fiscal year commencing July first, nineteen hundred and ninety shall be the same rates as those in effect for the fiscal year beginning July first, nineteen hundred and eighty-nine. Nothing herein shall preclude the division of purchased services from setting a price at any time for a new program established for the first time under chapter seventy-one B of the General Laws, or individual or sole source prices as provided in the regulations governing said programs, in accordance with section forty-four of this act.

SECTION 44. Notwithstanding any general or special law to the contrary, with respect to issues of compliance resulting from a review of programs pursuant to chapter seventy-one B of the General Laws, specifically with respect to those programs previously scheduled as "on-cycle" for the purpose of rate adjustments in fiscal year nineteen hundred and ninety-one, the department of education and the office for children, coordinating with the division of purchased services, are hereby directed to review, in consultation with individual program providers and affected governmental units who procure services from said programs, all findings of non-compliance and all compliance plans in order to design program configurations or to develop implementation schedules which will achieve compliance pursuant to state and federal regulation at a cost that is consistent with the rates in effect in the fiscal year commencing July first, nineteen hundred and ninety.

The department of education and the office for children, in consultation with the division of purchased services, shall jointly report on the results of all actions taken pursuant to this section to the chairpersons of the house and senate committees on ways and means and to the division of purchased services no later than December first, nineteen hundred and ninety. Said report shall clearly state the reasons for the original finding of non-compliance for each such program so cited, including the specific state or federal law or regulation cited in the non-compliance finding, the recommendations for achieving compliance, including recommendations for program reconfiguration, and the expected date by which compliance shall be achieved. The department of education and the office for children shall also include recommendations for revisions to existing regulations in said report, provided that these recommendations are for the purposes of promoting efficiency and economy in conformity with applicable state and federal law.

Any provider aggrieved by the action of the department of education and the office for children pursuant to this section with respect to a specific program and desiring a further review thereof, may file an appeal with the division of administrative law appeals in accordance with section four H of chapter seven of the General Laws. The question on appeal of a decision of the department of education or the office for children shall be whether the department or the office for children in taking the action challenged by the aggrieved party, has properly applied its regulations. This paragraph shall not be construed to confer a right upon any aggrieved party to challenge, in a proceeding before the division of administrative law appeals, the procedural or substantive validity of any regulation of general applicability promulgated by the department of education or the office for children. Such challenges shall be brought exclusively in the superior courts of the commonwealth in accordance with the provisions of chapter thirty A of the General Laws.

The office for children and the department of education shall coordinate the scheduling of and information sharing of licensing and audits of residential programs to assure that visits are scheduled to assure periodic monitoring. The office for children and department of education shall exchange final reports resulting from program audits and licensing study activities. The office for children and the department of education shall meet periodically to discuss residential school programs they license or approve and to assure that implementation of requirements established by the two agencies is consistent and not duplicative.

SECTION 45. Notwithstanding the provisions of any general or special law to the contrary, for the period ending June thirtieth, nineteen hundred and ninety-one, the secretary of administration and finance shall, with respect to any charges or fees which the secretary was heretofore authorized to establish under the provisions of section three B of chapter seven of the General Laws or under the provisions of any other general or special law, and with respect to any service, registration, regulation, license, fee, permit, or other public function which is not provided for in section three B of chapter seven of the General Laws other than services in hospitals, clinics or other health facilities and services rendered by a correctional institution for inmates therein, (1) determine the amount to be charged by the commonwealth for each service of any kind performed by any state personnel or agency which is primarily for the benefit of any individual person or corporation; (2) determine the charge to be made by the commonwealth for each use for private purposes or gain of state-owned buildings, houses, facilities, and equipment; (3) determine the charge to be made by the commonwealth for meals served in state institutions or facilities to employees thereof; and (4) determine the amount to be charged for any other service, registration, regulation, license, fee, permit or other public function; provided, however, that said secretary shall not determine the rates of tuition at state colleges, state community colleges, state universities, and the Massachusetts Maritime Academy or any fees or charges relative to the administration and operation of the trial court, appeals court, supreme judicial court and any other department of the judiciary of the commonwealth; and provided further, that said secretary shall not increase any existing fee or charge or establish any new fee or charge unless notice of said increase or new fee is filed with the clerks of the house and senate while the general court is in session and the general court has passed a resolve approving said proposed increase or new fee.

SECTION 46. Pursuant to provisions of section forty-five of this act and notwithstanding any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to establish the following fees for service; provided, however, that said fees for service shall take effect upon the effective date of this section. `tuc Executive Office of Environmental Affairs. `ts

Massachusetts Environmental Policy Act Unit:

Environmental Form Filing Fee

`tcol(*)=2;c1=1,45,tf;c2=48,31,tur Category A (projects with a total project* cost of less than $100,000)*$50 `t+1 Category B (projects with a total project* cost of $100,000 or greater, but less* than $1,000,000)*$150 `t+1 Category C (projects with a total project* cost of $1,000,000 or greater)*$300 `tcol;end `t+1 `tuc Department of Environmental Management. `t+1

`tcol(*)=2;c1=1,45,tf;c2=48,31,tur Well driller rig permit decal*$25 per rig Parking day use - car* High service availability*$5 per day Low service availability*$3 per day `t+1 Ice Arenas* Prime time rental - night*$95 per 50 minute night hour Off season non-ice skating* Basic hourly rate*$40 per hour With arena lighting*$50 per hour With arena air conditioning*$75 per hour `t+1 Individual season pass (non-motorized)*$10 `t+1 Radio tower lease/permits on DEM land* Non-profit, community, agency or*$250 per year/ amateur radio equipment*per equipment piece For-profit company radio equipment*$2,500 per year/ *per equipment piece `t+1 Facility and function room rental (by*$40 per hour advance reservation only)*maximum `t+1 State pier dockage rates* Short term storage (up to 10,000* sq. ft.)*$0.50 per sq ft/per month Short term storage (over 10,000* sq. ft.)*$0.50 per sq ft/per month *plus $0.25 for each add'l sq ft `t+1 Dockage (all vessels)*$ 270 per day Wharfage (unloading or loading cargo)*$2.20 per ton `tcol;end `t+1 `tuc Metropolitan District Commission. `t+1

Parking - Beverly Street, Boston up to $15 per scheduled event `t+1 `tcol(*)=2;c1=1,65,tf;c2=48,31,tur Ice skating rinks* All evenings and Saturday, Sunday, and Holiday afternoons* Rink rental (ice)*$90 per 50 minute hour Rink rental (non-ice)*$32 per 50 minute hour `tcol;end `t+1 `tuc Department of Food and Agriculture. `t+1

`tcol(*)=2;c1=1,50,tf;c2=58,21,tur Inspection of nurseries* (a) Less than one acre*$10 (b) 1 to 5 acres*$30 (c) 6 to 25 acres*$40 (d) 26 to 100 acres*$50 (e) Over 100 acres*$70 (f) Greenhouses*$30 (g) Nursery agents*$30 `t+1 Feed and fertilizer registration*$ 50 Pesticide Registration Fee*$100 Milk dealer license (retail)*$ 10 Home plant inspection*$10 per inspection Apiary inspection*$ 3 Equine dealer (renewal)*$ 10 Thoroughbred stallion registration*$100 Brood mare registration*$ 50 Individual foal*$ 50 Greyhound breeding registration*$ 10 Registration of litter*$ 25 Individual dog registration*$ 25 Late registration fee*$ 25 `ts `t+1 Pet shop license* Gross annual sales less than $100,000*$ 50 per yr Gross annual sales from $100,000 to $250,000*$200 per yr Gross annual sales greater than $250,000*$500 per yr `tcol;end `t+1 `tuc Soldiers' Homes in Chelsea and Holyoke `t+1

Hospital Care - Patients

monthly maximum charge of $465 $15 per day `tu The first $1,000 of a married patient's monthly income shall be exempt and spousal income shall not be used in payment of these charges. `tu The first $200 of an unmarried patient's monthly income shall be exempt. `t+1

Dormitory - Care Residents

monthly maximum charge of $155 $ 5 per day `tu The first $200 of a resident's monthly income shall be exempt. `t+1 `tuc Massachusetts Aeronautics Commission. `t+1

Aircraft registrations and renewals thereof: `t+1

`tcol(*)=2;c1=1,24,tf;c2=68,11,tur Aircraft Weight (A)*Fee (B) `t+1 0 - 2000 lb.*$75 2001 - 3500 lb.*$125 3501 - 12,500 lb.*$175 over 12,500 lb.*$225 `t+1 Dealer, per firm*$60 Dealer, per aircraft (C)*$28 `tcol;end `t+1

(A) Maximum gross weight, per manufacturer

(B) Fee for a 1 year registration period, reduced by 50% six months into period.

(C) Transferable to any aircraft for demonstration flights only. Any other use requires standard registration. `t+1

Outdoor Advertising Board `t+1

Licenses (based upon number of permits)

`tcol(*)=2;c1=3,35,tf;c2=68,11,tur (a) 0 - 200 permits*$1,000 (b) In excess of 200 permits*$1,500 `tcol;end `t+1

Permits (based upon square footage only)

`tcol(*)=2;c1=3,50,tf;c2=58,21,tur (a) 100 sq. ft. or smaller*$ 60 per face annual (b) larger than 100 sq. ft. up to 672 sq. ft.*$100 per face annual (c) larger than 672 sq. ft.*$160 per face annual `tcol;end `t+1 `tuc Executive Office of Public Safety. `t+1

`tcol(*)=2;c1=2,20,tf;c2=58,21,tur Armory Rental* `t+1 Category A*$12.00 per hour Category B*$20.00 per hour Category C*$ 6.00 per hour Category D*$30.00 per hour Category E*$25.00 per hour `t+1 Armory personnel*$10.00 per hour `t+1 `tcol;end

SECTION 47. Notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws or any other general or special law to the contrary, the state treasurer shall assess the members of any mosquito control district up to one hundred percent of the amount appropriated during fiscal year nineteen hundred and ninety-one for expenditures on behalf of said district and for the cost of the state reclamation board.

SECTION 48. Notwithstanding the provisions of section five of chapter two hundred and fifty-two of the General Laws or any other general or special law to the contrary, there shall be five commissioners for the Cape Cod Mosquito Control Project. One shall be a member of the Barnstable County Selectmens' Association and one shall be the town manager or executive secretary of a town in Barnstable county.

SECTION 49. Notwithstanding the provisions of section one hundred and thirteen of chapter ninety-two of the General Laws, or any other general or special law to the contrary, the obligations due to the commonwealth for the operation and maintenance of the watershed division of the metropolitan district commission for fiscal year nineteen hundred and ninety expenses shall be paid by the Massachusetts Water Resources Authority on or before April first, nineteen hundred and ninety-one, in accordance with the provisions of section one hundred and thirteen of chapter ninety-two of the General Laws.

SECTION 50. There is hereby established an Environmental Education Board which shall include a representative from each of the following: the executive office of environmental affairs, the department of education, the board of regents, and the department of public health; the chairpersons of the committee on natural resources and agriculture or his designee, the chairpersons of the committee on education or his designee, the president of the high technology council or his designee, the president of associated industries of Massachusetts or his designee, the president of the associated grantmakers of Massachusetts or his designee, and two persons to be appointed by the governor, one of whom shall be a public school teacher and one of whom shall be a representative of a nonprofit organization involved in environmental education. To the extent possible, the board shall represent all geographic areas of the commonwealth. The board shall study and make recommendations on the implementation of a state-wide cooperative environmental education program. The board's study shall include, but not be limited to, a review of environmental education programs and a review of available educational materials, and shall consider a framework of curriculum priorities, the establishment of regional resource centers, and the establishment of programs to reach interested private and public sector groups and the general adult population. Board members shall serve without compensation, but shall receive necessary expenses incurred in the performance of their official duties. A preliminary progress report shall be filed on or before February first, nineteen hundred and ninety-one and a final report and legislation to implement the board's recommendations for creating a cooperative statewide environmental education program shall be filed on or before April first, nineteen hundred and ninety-one. Said reports shall be filed with the joint committee on natural resources and agriculture, the joint committee on education and the house and senate committees on ways and means.

SECTION 51. Notwithstanding the provisions of any general or special law to the contrary, a housing authority, as defined by section one of chapter one hundred and twenty-one B of the General Laws, is hereby authorized to purchase materials, supplies or services pursuant to the consolidated supply program of the United States Department of Housing and Urban Development; provided, however, that the provisions of section thirty-nine M of chapter thirty, and sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws shall not apply to such purchases; and provided further, that no such purchase shall be undertaken if the amount involved therein is one thousand dollars or over, unless a notice thereof shall have been posted, not less than one week prior to the time of said purchase in a conspicuous place on or near the premises of the officer having charge of any such housing authority making such purchase, and, if the amount therein is in excess of five thousand dollars, unless such a notice shall also have been posted at least once not less than two weeks prior to the time so specified and published at such other times prior thereto if any, as the commissioner of administration shall direct, in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws.

SECTION 52. Notwithstanding the provisions of any general or special law to the contrary, expenses incurred by the residential conservation service program, within the division of energy resources, to a maximum of one hundred ninety-two thousand, two hundred and ten dollars, plus the cost of fringe benefits as calculated by the commissioner of administration pursuant to section six B of chapter twenty-nine of the General Laws, shall be assessed upon utility companies of the commonwealth in accordance with the provisions of chapter twenty-five A of the General Laws.

SECTION 53. There shall be an advisory committee on deaf and hard of hearing accessibility to telephone service which shall advise the department of public utilities on the implementation of ongoing operations of the telephone message relay service, semipublic and public coin operated telephone accessibility and equipment distribution. Said advisory group shall consist of the secretary of human services, or his designee, the commissioner of the Massachusetts commission for the deaf and hard of hearing, or his designee, the commissioner of the Massachusetts rehabilitation commission, or his designee, the commissioner of the Massachusetts commission for the blind, or his designee, the commissioner of the department of public utilities, or his designee and fifteen persons to be appointed by the governor, four of whom shall be deaf persons, four of whom shall be hard of hearing persons, four of whom shall be disabled persons and one of whom shall be a representative of a common carrier telephone company which provides public coin or coinless telephone services. Each such member of the advisory committee shall serve for a term of three years. The chairperson of the advisory council shall be appointed by the governor and shall serve in this function for a term of one year. Said advisory council shall meet quarterly and shall make recommendations to the department of public utilities on all matters of policy and the operation of a telecommunication device for the deaf distribution service, a specialized customer premises equipment distribution service and a dual party telecommunication device for the deaf message relay service.

SECTION 55. The commission for the deaf and hard of hearing is hereby authorized and directed to conduct a study to determine the placement of telecommunications devices for the deaf in public places. Such study shall produce an implementation plan for such placements in facilities such as hospitals, fire and police stations, emergency facilities and such other facilities as deemed appropriate. Said study shall be funded by an assessment on all common carriers as defined in fifteen E of chapter one hundred and sixty-six of the General Laws, in the same proportion that each such common carrier's intrastate revenues has to the total intrastate revenues of all such common carriers. The department of public utilities shall promulgate regulations relative to making this assessment.

The commission on the deaf and hard of hearing shall file its report with the secretary of administration and finance and the joint committee on government regulations by July first, nineteen hundred and ninety-two.

SECTION 56. As a condition for the receipt of a county correction operational grant pursuant to item 4000-0780 in section two of this act, each county receiving such a grant shall maintain the level of expenditure from tax revenues levied pursuant to sections thirty and thirty-one of chapter thirty-five of the General Laws for the operation of county jails and houses of correction at a minimum level of the amount expended for such purposes in fiscal year nineteen hundred and ninety, as set forth in section one hundred and seventeen of chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-seven, plus a minimum increase of two and one-half percent over said expenditures. The department of revenue shall conduct an audit of each county prior to their receipt of such a grant or within sixty days after a grant has been issued. Upon completion of each audit, said department shall forward a detailed report of each audit to the house and senate committees on ways and means and to the commissioner of administration. Said department shall annually conduct an audit of each county which receives such a grant for a period of five years after such grant has been issued for the purpose of determining whether each county has fulfilled all of the conditions of its receipt of such grants and to determine whether each county is in compliance with applicable regulations promulgated by the secretary of the executive office of human services governing the use of such grants. Any county which is not in compliance with applicable regulations or that has not complied with the conditions for receipt of a grant shall return an amount equal to its grant award to said secretary who shall return the same to the General Fund.

Before issuing county correction operation grants, the secretary of the executive office of human services shall execute a grant award which sets forth the conditions for receipt of such grant with the sheriff of such county or the penal commission. The grant awards shall also include a statement detailing the number of funded beds that will be available for use by the commonwealth. In determining who shall receive grant awards said secretary shall give priority to applicant counties which accept state inmates.

SECTION 57. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to revise its rules and regulations pursuant to law with respect to the emergency assistance and emergency relief programs as follows: any recipient who has received financial aid from the emergency assistance or emergency relief program more than once during a twenty-four month period shall be subject to an individual review by the assigned caseworker as to the reasons for the multiple usage of emergency services, and shall be placed by the department upon a protective payment schedule if said caseworker determines that the recipient has utilized emergency services as a result of having mismanaged funds.

SECTION 58. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to revise its rules and regulations pursuant to law with respect to the optional assistance program that in the event an additional child is added to the household of the recipient, such additional child shall not be considered as a new case but treated only as an additional child as otherwise eligible for assistance under the provisions of chapter eighteen of the General Laws. Said department may waive the provisions of this section if the department determines that application of this section would cause a particular child to become homeless or to endure other undue hardship.

SECTION 59. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to revise its rules and regulations pursuant to law with respect to the emergency assistance and emergency relief programs as follows: (1) those grant recipients living in public or subsidized housing shall not be eligible for emergency assistance or emergency relief in the case of a rent or utility arrearage; provided, that the commissioner may waive this provision in the event that denial of emergency assistance or emergency relief would lead to eviction or in other extraordinary circumstances; (2) the department of public welfare shall not expend funds to house recipients in hotels and motels unless the rate to be paid for such housing has been approved by the secretary of administration and finance; provided, that said secretary shall not approve any such rate in excess of the area market rate for comparable hotel and motel accommodations; and provided, that said secretary shall not approve any such rate for a particular hotel or motel that is in excess of the rate paid to said hotel or motel during fiscal year nineteen hundred and ninety; (3) the amount of any advance rent payment made by the department for emergency assistance shall not exceed the amount of applicable payment standard under the program of aid to families with dependent children for a family of the same size or the amount of one month's rent, whichever is lower; and provided further, that the amount of any advance rent payment made by the department for emergency relief shall not exceed the amount of applicable payment standard under the program of general relief for a family of the same size or the amount of one month's rent, whichever is lower.

The department of public welfare shall submit to the house and senate committees on ways and means and to the secretary of administration and finance within sixty days of the effective date of this act, a detailed report for fiscal year nineteen hundred and ninety and quarterly reports thereafter for fiscal year nineteen hundred and ninety-one, which shall include, but not be limited to, total payments under the emergency assistance and emergency relief programs, the total number of families and persons served in said programs, including the average expenditures per client in the following categories of assistance: rent and utility arrearages, advance rent and security deposits, emergency shelter and hotel and motel payments, department of social services assessments, and moving and storage expenses. Said report shall also include a numerical breakdown, by service offices, of the utilization of said programs by clients, and the total number of families and recipients who have received any category of assistance more than once within the same or previous calendar year. Said department shall undertake managerial and programmatic initiatives to ensure the effective management and control of said emergency assistance and emergency relief programs and provide details of such initiatives and controls in said reports; provided, that the department shall expend no funds for new permanent or temporary shelters without prior approval of the house and senate committees on ways and means; provided, further, that the department shall submit to the house and senate committees on ways and means by September first, nineteen hundred and ninety, a plan to phase out the use of hotels and motels as emergency shelters by July first, nineteen hundred and ninety-one.

SECTION 60. A special commission to consist of three members of the senate, five members of the house of representatives, and five members to be appointed by the governor, one of whom shall be the secretary of human services or his designee, one of whom shall be the commissioner of public welfare, one of whom shall be an employee of the welfare fraud unit, one of whom shall be a recipient of public assistance and one of whom shall be a member of the Massachusetts Taxpayers Foundation, is hereby established for the purpose of making an investigation and study of the eligibility requirements for public assistance programs in the commonwealth.

Said commission shall compile data in regard to the numbers of people receiving public assistance of any form in the commonwealth, examine public assistance programs in other states and examine the relationship between federal program and programs in the commonwealth.

Said commission shall report to the general court the results of its study and its recommendations to eliminate abuse and promote efficiency together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before July first, nineteen hundred and ninety-two.

SECTION 61. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized to enter into leases for housing units for the purpose of providing temporary shelter for up to ninety days to recipients of emergency assistance. The department of public welfare shall submit a plan for approval by the house and senate committees on ways and means by September first, nineteen hundred and ninety to implement an alternative temporary shelter program using leased housing units. Said plan shall include proposed regulations developed in conjunction with the executive office of communities and development to prevent competition with state and federal rental assistance programs yet limit allowable rents to reasonable levels. Said plan shall also include a detailed analysis of the projected number of participants, the number of families housed in each unit, their average length of stay, the services provided to them, and the relative costs or savings of said program. Said plan shall also include a detailed analysis of other options for providing temporary emergency shelter, including but not limited to the option of providing emergency shelter as a special need for recipients of aid to families with dependent children.

SECTION 62. The department of public welfare is hereby authorized and directed to revise its rules and regulations pursuant to law with respect to the program of family reunification benefits as follows: (1) upon placement of the child or children of an otherwise eligible Aid to Families with Dependent Children family into the care of the department of social services, family reunification benefits shall be paid only to families whose child or children are likely to return to the home within four months, as determined and verified in writing by the department of social services; (2) pending the return of the child or children of an otherwise eligible Aid to Families with Dependent Children family from the care of the department of social services, family reunification benefits shall be paid only to families whose child or children are likely to return to the home within three months, as determined and verified in writing by the department of social services.

SECTION 63. Notwithstanding any general or special law to the contrary, the department of public welfare shall require the head of each assistance unit receiving benefits from the department to display a photographic identification card in connection with the receipt of cash benefits from the department. The department shall, by regulation, define valid photographic identification documents; provided, however, that such regulations shall permit identification cards issued under the federal food stamp program or by the registry of motor vehicles to be used. The department shall not delay the provision of benefits under this section to an otherwise eligible household if the head of such household has applied for a valid photographic identification card. The provisions of this section shall not apply to persons who certify that their religious beliefs do not permit them to be photographed or to persons who are homebound or institutionalized. The department shall issue regulations to enforce the provisions of this act. The department shall, prior to January first, nineteen hundred and ninety-one, conduct a study to determine whether the provision of this section or any alternate identification card or system will provide more cost-effective safeguards against fraudulent receipt of benefits from the department.

SECTION 64. There is hereby established a select committee on health agency consolidation. Said select committee shall consist of the secretary of administration and finance, who shall serve as its chairman, three representatives to be appointed by the speaker of the house of representatives and three senators to be appointed by the president of the senate.

Said committee shall make recommendations relative to the most efficient and cost-effective consolidation and reorganization of health-related agencies within an executive office of health and long term care, hereinafter called the secretariat. The committee shall consider consolidation and reorganization of the following: the department of public health, the department of medical security, the medical assistance program in the department of public welfare, the home care program in the executive office of elder affairs, the group insurance commission, the rate setting commission, the general relief health program, the acute hospital conversion board and the health-related boards of registration for allied health professions, chiropractors, dentistry, dispensing opticians, embalming and funeral directing, health officers, medicine, nursing, nursing home administrators, optometry, pharmacy, physician assistants, podiatry and respiratory care; provided, however, that said select committee may at its discretion partially or fully eliminate said agencies from its consolidation and reorganization recommendations or add other agencies thereto.

Said select committee shall consider in making its recommendations the need to achieve maximum efficiency and accountability in assuring the access of citizens of the commonwealth to cost-efficient, high quality health care services. The secretariat to be recommended by said select committee shall, to the maximum feasible extent, have full use of its authority, resources and powers to: (1) promote accessibility for all citizens of the commonwealth to cost-efficient, high quality health care services; (2) assure the cost-effective delivery and efficient allocation of health care resources; (3) eliminate duplicative or unnecessary regulation of health care providers, professionals and services; (4) constrain excessive growth in public and private health care expenditures; (5) integrate the purchase of all publicly financed health care services; (6) coordinate a system of long term care for the elderly; and (7) implement preventive health programs that promote well being and reduce demand for more intensive and costly services.

Said select committee shall examine all statutory and administrative changes necessary to achieve the purposes of the secretariat, including but not limited to consideration of all statutory powers and authority necessary to meet the purposes of a consolidated secretariat, the elimination or expansion of functions, services and programs deemed appropriate to meet its purposes in the most efficient manner, the operation of consolidated data collection and management systems and the organization and deployment of personnel to meet its purposes, and such other matters necessary to achieve accountability and efficiency in the operation of the secretariat. The select committee shall consider the necessity of establishing a council whose duties and functions would be similar to those performed by the public health council for the department of public health. The select committee shall further consider vesting the secretary of the secretariat with the authority to approve or disapprove the actions, regulations, initiatives and policy decisions of any agency, department, commission, board, bureau, division or other entity within the secretariat.

The select committee shall further examine and make recommendations relative to the administrative reorganization of the executive office of human services, including but not limited to, the consolidation of all public safety and criminal justice functions in a single secretariat.

The select committee shall consult with representatives of the agencies, departments, commissions and boards and other interested parties affected by such reorganization and consolidation.

All such agencies, departments, commissions and boards are hereby authorized and directed to provide any and all information requested by said select committee. The secretary of administration and finance is authorized and directed to assign staff from such agencies, departments, commissions and boards to assist said select committee in developing its recommendations and shall direct the preparation of the following reports according to the following schedule:

by September first, nineteen hundred and ninety, an organizational chart for each agency, and any divisions, bureaus and units of each such agency, which are affected by consolidation of the secretariat, accompanied by a report that identifies the number and classification of all personnel appearing on such charts and indicating whether such positions are filled or vacant;

by October first, nineteen hundred and ninety, a report describing any services performed on a contractual or referral basis for each such agency and its divisions, bureaus and units, including, services performed by third party vendors and by other governmental units;

by November first, nineteen hundred and ninety, a report describing the management information systems used by each such agency and its divisions, bureaus and units, a description of information reported too each such agency as required by law or regulation, including all forms used therefor, and a description of how reports generated by such systems are used by the agency and by the public, if applicable;

by December first, nineteen hundred and ninety, a report identifying all general and special laws of the commonwealth and all laws and regulations of the federal government which govern or affect the operations, programs, funding and services of each such agency and its divisions, bureaus and units;

by December first, nineteen hundred and ninety, a report describing the regulatory powers, duties and functions of each such agency which shall include a compendium of all regulations promulgated thereby and an assessment of how the organization of the secretariat may affect such powers, duties and functions.

The select committee shall forward an interim report of its findings to the governor and the house and senate committees on ways and means by November thirtieth, nineteen hundred and ninety. The select committee's final recommendations, accompanied by drafts of any legislation needed to effect such reorganization and consolidation, shall be filed with the governor, the clerks of the house and the senate and the committees on ways and means not later than January thirtieth, nineteen hundred and ninety-one.

SECTION 65. Notwithstanding the provisions of any general or special law to the contrary, all rental housing assistance programs funded through or administered by the executive office of communities and development, directly or through a subcontractor, shall, at the option of a local housing authority, established pursuant to section three of chapter one hundred and twenty-one B of the General Laws, be administered by the local housing authority if rental units leased under said rental housing programs are located in the community served by the local housing authority, provided that said rental housing assistance programs shall include the chapter 707 rental assistance program, the federal Section 8 Rental Assistance Program and the federal Housing Voucher Program, so-called.

SECTION 66. Section sixty-five of this act shall apply only in the cities or towns of Brockton, Chelsea, Lawrence, Lynn, Malden, Nahant, New Bedford, Springfield, Swampscott, Taunton, and West Springfield.

SECTION 67. Notwithstanding any general or special law to the contrary, there is hereby established an executive office of health and long term care, which shall be effective on March first, nineteen hundred and ninety-one. Until such time that the reorganization plan required by this section becomes law, there shall be on an interim basis within said executive office the following state agencies: the department of public health, the department of medical security, the medical assistance program in the department of public welfare, the home care program in the executive office of elder affairs, the group insurance commission, the rate setting commission, the general relief health program, the acute hospital conversion board and health-related boards of registration for allied health professions, chiropractors, dentistry, dispensing opticians, embalming and funeral directing, health officers, medicine, nursing, nursing home administrators, optometry, pharmacy, physician assistants, podiatry and respiratory care.

The governor shall appoint not later than March first, nineteen hundred and ninety-one, a secretary for said executive office. The state agencies within said executive office shall be under the direct control and supervision of said secretary until such time that said executive office is fully reorganized and consolidated. Said secretary shall have all rights, duties and powers of a secretary under sections three to seven, inclusive, of chapter six A of the General Laws.

The governor shall submit legislation to the general court by March first, nineteen hundred and ninety-one for the purpose of consolidating health care regulatory, delivery and financing agencies and functions within the executive office of health and long term care, pursuant to the recommendations of the Select Committee on Health Agency Consolidation established by this Act. The governor shall further submit at such time any statutory revisions necessary to achieve such reorganization plan and any budgetary recommendations necessary to achieve such reorganization for fiscal year nineteen hundred and ninety-two.

The Governor is further directed to consider and submit to the general court such further reorganization plans under the provisions of Article LXXXVII of the Amendments to the Constitution as may be necessary to reduce the total number of executive offices by two.

SECTION 68. The comptroller is hereby authorized and directed to provide for an independent audit of the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws. Said audit shall examine and make findings relative to the capacity of the program's accounting system to identify and measure on an on-going and an annual basis: all receivables, payables and other liabilities, including settlements and retroactive payments owed to health care providers and liabilities that accrue as a result of expenditures billed to the program by other state agencies or as a result of program expansion undertaken by such agencies. Said audit shall further examine and make findings concerning the cost-effectiveness of efforts used to achieve program savings and cost avoidance, including but not limited to third party liability collections, prior approval, utilization review and selective contracting. Said audit shall further examine and make findings concerning charges for services billed to the program by disproportionate share hospitals, as defined by section thirty-one of chapter six A of the General Laws, relative to the cost of delivering such services. Said audit shall further identify changes necessary for the program to implement a modified accrual basis of accounting consistent with governmental accounting principles. The findings of said audit shall be reported to the governor, the house and senate committees on ways and means, the executive office of human services and the state auditor no later than December thirty-first, nineteen hundred and ninety.

SECTION 69. Notwithstanding any general or special law to the contrary, the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to adopt accounting methods that shall recognize payment liabilities as they are accrued in any fiscal year. Said methods shall be consistent with generally accepted accounting principles as may be modified by the comptroller of the commonwealth for the purposes of section twelve of chapter seven A of the General Laws. Said program shall implement such accounting methods not later than January first, nineteen hundred and ninety-one. The program shall report to the house and senate committees on ways and means the amount of accrued liability by category of participating health care provider on a cumulative basis for the prior fiscal year by October first of each fiscal year and shall report year-to-date accrued liability for the current fiscal year by category of participating health care provider by April first of each fiscal year. Said reports shall also identify any amounts, by category of health care provider, expended in the prior or current fiscal year, or expected to be expended in the current or subsequent fiscal year, which are intended to satisfy such accrued liabilities. The rate setting commission and the comptroller shall assist said program in complying with the provisions of this section.

SECTION 70. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to adopt a management information system that shall identify cost and utilization patterns for each category of program beneficiary by each category of health care provider. Not later than four months after the close of the prior fiscal year, the program shall report to the house and senate committees on ways and means the following information for such prior fiscal year: total expenditures and total units of service paid billed for each category of program beneficiary by each category of provider, including acute hospitals, skilled nursing facilities, intermediate care nursing facilities, chronic hospitals, physicians, dentists and such miscellaneous categories of participating health care providers as provided for by the medicaid state plan, so-called; for each category of participating health care provider, the total number of providers eligible to bill and the number of providers who billed more than five hundred dollars; for each category of program beneficiary, the total number of recipients, and the total number of recipients whose utilization of services in the prior fiscal year exceeded one hundred dollars; the mean and median units of service and the mean and median expenditures by category of program beneficiary and category of participating health care provider; in the case of institutional providers, the total number of admissions and discharges, the mean and median lengths of stay and the total units of service and total expenditures for ancillary services billed by institutional providers for such admissions; the total units of service and the average units of service for each category of program beneficiary delivered by non-institutional providers to institutionalized beneficiaries; surgical use rates and regional variations for each such surgical procedure; and the incidence and costs per case of recipients by category of program beneficiary whose costs of care exceed the seventy-fifth percentile. Said reports shall separately distinguish such cost and utilization data required by this section for each category of categorically eligible and medically needy beneficiaries of said program.

SECTION 71. The rate setting commission is hereby authorized and directed to promulgate such regulations as may be necessary to ensure the uniform reporting of revenues, charges, costs and utilization of health care services that are delivered by institutional and non-institutional providers. Such uniform reporting shall enable the commission to identify patient-centered statewide, regional and provider-specific trends in the cost, availability and utilization of medical, surgical, diagnostic and ancillary services provided by acute hospitals, nursing homes, chronic care and rehabilitation hospitals, other specialty hospitals, clinics, including mental health clinics, and such ambulatory care providers as may be identified by the commission. Said regulations shall take effect no later than October first, nineteen hundred and ninety.

The commission shall, before adopting such regulations, consult with other agencies of the commonwealth, and the federal government, and affected providers, as appropriate, to ensure that the reporting requirements imposed from time to time under such regulations are not duplicative, excessive, or costly. To the extent that any requirements imposed by the commission result in additional costs to the reporting providers, such costs will be included in the rates established for such providers. The commission may specify, by regulation, categories of information which may be furnished under a promise of confidentiality to the provider. Such promise may only be extended by the commission if the data furnished is not to be used for setting rates.

SECTION 72. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws, in consultation with the department of public health, and after consultation with organizations that represent health care providers who participate in said program, shall prepare a comparison of federal and state licensure, certification, survey, inspection, quality assurance and other requirements for participating in said program. Said program shall further assess whether state requirements that differ from or exceed federal requirements are cost-effective for ensuring patient safety and the delivery of quality care. The program shall report to the house and senate committees on ways and means the results of such comparison and assessment no later than December thirty-first, nineteen hundred and ninety and shall further submit to the committees recommendations for changes to statutes, regulations, policies or procedures that promote patient safety and the delivery of quality care in the most cost-effective manner.

SECTION 73. There is hereby established a special task force on medicaid administration, consisting of the chairman of the group insurance commission, or his designee, and four persons appointed by the governor, one of whom shall be a representative of the private health insurance industry, one of whom shall be a representative of the Business Roundtable, one of whom shall be a health benefits manager, and one of whom shall have expertise in data management or systems engineering. The task force shall inventory existing medicaid administrative resources and evaluate the adequacy of medicaid administrative resources in light of resources employed by efficient public and private sector third party payors of comparable size. Based on the evaluation, the task force shall make recommendations regarding resource optimization, including, but not limited to, use of full or part-time personnel based upon recommended staffing patterns, contracted resources, automation needs and support services. Said report shall be submitted to the senate and house committees on ways and means before October first, nineteen hundred and ninety.

SECTION 74. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws shall enroll all beneficiaries of said program in managed care systems by January first, nineteen hundred and ninety-two, provided the Health Care Financing Administration has approved any waivers required under federal law. Said program shall file not later than January first, nineteen hundred and ninety-one with the house and senate committees on ways and means, the joint committee on health care and the joint committee on human services and elderly affairs, a plan that outlines all tasks and resources necessary to achieve said enrollment goal. Said plan shall identify the criteria used to group beneficiaries for enrollment in said managed care systems, including but not limited to geographic, demographic and diagnostic characteristics for such groups, and the best available number of beneficiaries within such groups. Said plan shall further identify all available and appropriate managed care options which ensure the delivery of cost-effective, quality health care services to such groups of beneficiaries, shall identify cost savings and cost increases associated with achieving said enrollment goal and shall be accompanied by any legislation necessary to achieve said goal. For purposes of this section, managed care systems shall include but not be limited to health maintenance organizations, prepaid health plans, preferred provider arrangements, primary care case management programs, high cost case management, selective contracting, third party administrative arrangements that employ utilization and quality assurance controls, freedom of choice waivers for particular beneficiary classes or for particular beneficiaries within a region, or any other such plan consistent with Title XIX requirements. Not later than March thirty-first, nineteen hundred and ninety-one and September thirtieth, nineteen hundred and ninety-one, the program shall file with the aforementioned committees the status of such plans to ensure the enrollment of all beneficiaries in managed care systems.

SECTION 75. The department of public welfare shall establish a pilot managed care project for persons eligible for primary medical care and assistance pursuant to sections six A and six B of chapter one hundred and eighteen E of the General Laws, and to the extent feasible for persons receiving supplemental medical care pursuant to such sections. Such project shall provide for expanded access to primary and supplemental care, including preventive care. The department shall file with the house and senate committees on ways and means prior to October first, nineteen hundred and ninety, a plan for implementing this section by January first, nineteen hundred and ninety-one. The plan shall provide for ongoing monitoring of utilization of services and regular evaluations of access to service provided by the project.

SECTION 76. The department of public health shall establish a program of managed care for the screening and early treatment of persons infected with the human immunodeficiency virus or diagnosed with early symptoms of acquired immune deficiency syndrome or AIDS-related complex disease as provided for by this section. Persons eligible for services under the program shall have no health insurance coverage and shall not be eligible for assistance under chapter one hundred and seventeen; provided, however, that the department may by regulation permit persons covered by health insurance to participate in the program if the provision of services to such insured persons will not affect services provided to uninsured persons, and provided further, that such insured persons are charged a fee on a sliding scale based on such person's income.

The program shall provide regular immune system evaluations, primary and preventive care to delay the need for treatment at acute care hospitals, and counseling to discourage actions which spread the human immunodeficiency virus. The program shall operate in no more than seven centers, and the department is authorized to enter into contracts with community health centers for the provision of services under this section. The department shall seek federal funds for the program to the maximum extent available.

SECTION 77. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws shall require that beneficiaries of said program be liable for a copayment of not more than fifty cents toward the purchase of each pharmaceutical product, including prescription drugs and over-the-counter drugs, which are made available as an optional pharmacy benefit under said program and to the extent permitted by federal law. Said program is further authorized and directed to require that beneficiaries of said program be liable for a copayment of three dollars for the use of emergency room services in acute care hospitals for the treatment of nonemergency conditions. No copayment shall be required of institutionalized beneficiaries, pregnant women, children under eighteen years of age, beneficiaries enrolled in a health maintenance organization, or for prescriptions purchased for family planning purposes or prescribed as a result of a medical emergency.

SECTION 78. The medical assistance program established pursuant to chapter one hundred and eighteen E shall submit to the house and senate committees on ways and means timely notice of all efforts made to implement the provisions of the second paragraph of section four of said chapter, as inserted by section eighty-three of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine. Said notice shall be furnished upon the award of any such contracts. Said notice shall be further accompanied by information that projects cost impacts expected from such contracts and a statement evaluating how such contracts may affect beneficiary access to services.

SECTION 79. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to selectively contract or seek competitive bids for specialized, high-cost, high technology services available in acute care hospitals to beneficiaries of said program. Said program is further authorized and directed to require that said beneficiaries make exclusive use of such services consistent with the provisions of Title XIX of the Social Security Act and any waivers required thereunder.

SECTION 80. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to require that vendors of durable medical equipment redeem any equipment purchased by said program for more than four hundred dollars whenever a beneficiary of the program ceases to need such equipment. The medical assistance program shall further require that participating providers responsible for the care of such beneficiaries notify the program whenever a beneficiary ceases to need such equipment. The program shall ensure that vendors are promptly notified of the availability of such equipment for redemption. Vendors shall issue a credit or rebate to the program at the fair market value of any such used equipment. Said program is further directed to compare the cost-effectiveness of purchase and redemption programs with lease programs for durable medical equipment, including costs associated with maintenance and repair of such equipment, and the costs of customizing such equipment. The program shall report on the results of such comparison to the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety.

SECTION 81. There is hereby created a special commission on medicaid benefits reform, consisting of twelve members to be appointed as provided herein, to investigate those programs, services, benefits and providers which over the past fifteen years have been added to the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws and make recommendations concerning the establishment of packages of benefits for the elderly, disabled and family populations receiving such medical assistance. The commission shall consist of two members appointed by the speaker of the house of representatives, two members appointed by the president of the senate, the associate commissioner of the medical assistance program and seven members appointed by the governor, one of whom shall be experienced in health care benefits or actuarial matters, one of whom shall be the chief executive officer of a financial institution, one of whom shall be the chief executive officer of a provider of health care services, one of whom shall be the chief executive officer of a major manufacturing corporation, one of whom shall be a physician, one of whom shall be associated with a university department of gerontology, and one of whom shall be associated with a university department or program for the study of disability. The commission shall:-

(1) Review the health care needs of the three basic populations of the elderly, disabled and families currently receiving medicaid benefits;

(2) Inventory existing benefits and services provided under medicaid and review costs and utilization data for the various populations, comparing Massachusetts' benefits, services and costs with those of other states;

(3) Review the expansion of medicaid benefits, services, and providers over the past fifteen years, and assess the increased number of recipients served and costs to the state as the result of such expansion;

(4) Develop basic benefit packages appropriate to the health care needs of these populations which meet as many of these needs as possible consistent with the commonwealth's ability to pay for services;

(5) Recommend the modification of existing benefits and services which are not cost-effective, appropriate to the health care needs of the medicaid populations, or consistent with sound medical practice;

(6) Recommend appropriate alternative service delivery mechanisms, managed care options or other means of improving the effectiveness of services provided to the medicaid populations, emphasizing preventive, non-institutional and community-based care models; and

(7) Identify and recommend waivers of applicable federal laws or regulations.

The commission may accept grants and donations from any source, and may use technical experts, support staff or other personnel time donated to the commission. The commission shall report its findings, together with drafts of any legislation and federal waiver requests it recommends, to the governor and the senate and house committees on ways and means no later than April first, nineteen hundred and ninety-one.

SECTION 82. Notwithstanding the provisions of section six of chapter one hundred and eighteen E or any other general or special law to the contrary, the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby prohibited from providing assistance for or offering as a benefit the following services: in vitro fertilization procedures; gammete intra-fallopian tube procedures; and sex reassignment or sex change operations, so-called; provided, however, that such prohibition shall not apply to any beneficiary who upon the effective date of this section is in the course of receiving any such treatments or procedures.

SECTION 83. Notwithstanding the provisions of section six of chapter one hundred and eighteen E or any other general or special law to the contrary, the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws shall not provide financial assistance for adult dental services except for dentures and emergency diagnostic and basic restorative dental care services to be defined by regulations of the department; for over-the-counter drugs prescribed to persons who are not dependent children, as permitted by federal law, for cosmetic surgery except as is medically necessary to correct a substantial defect or disfigurement which impairs essential functioning, or for services provided by Christian Science nurses, Christian Science sanitaria, chiropractors, podiatrists and social work interns; provided, however, that the provisions of this paragraph may be waived by the department of public welfare in individual cases based on documentation from a beneficiary's primary physician indicating that such services are medically necessary for the life and safety of the beneficiary. For the purposes of this section, the term "over-the-counter drugs" shall mean pharmaceutical items obtainable without a physician's prescription.

After June thirtieth, nineteen hundred and ninety-one, said medical assistance program shall not provide services in private psychiatric hospitals to medical assistance recipients under twenty-one years of age, unless the comptroller certifies to the senate and house committees on ways and means, prior to July first, nineteen hundred and ninety-one, that he does not reasonably estimate that spending by said medical assistance program for such services rendered in the fiscal year ending June thirtieth, nineteen hundred and ninety-one will exceed thirty million dollars for such fiscal year.

SECTION 84. Not later than October first, nineteen hundred and ninety, the department of public welfare and the department of mental health shall implement an inpatient screening process for all medical assistance recipients under twenty-one years of age admitted for services provided by private psychiatric hospitals, for the purpose of determining whether such recipients shall be eligible for receiving such inpatient private psychiatric hospital benefits, unless such admission was ordered by a court of competent jurisdiction. Said inpatient screening process shall be developed in consultation with the Massachusetts Association of Psychiatric Hospital and the Massachusetts Psychiatric Society, and shall be conducted by the department of mental health pursuant to an interagency agreement between the department of public welfare and the department of mental health. Said inpatient screening process shall include a review of the medical necessity of admission at the time of admission and whenever a previously admitted patient seeks medicaid payment after exhaustion of other third party benefits, and shall consider the cost effectiveness of the facility to which the recipient seeks admission or approval. The inpatient screening process shall also include a redetermination of the continued medical necessity of inpatient services for all such patients on or before the thirtieth day of each stay, and for each thirty day period thereafter. Such screening process shall also make screening available on a twenty-four hour per day basis for emergency admissions. The interagency agreement between the department of public welfare and the department of mental health under this section shall be for the purpose of achieving cost-effective management of psychiatric services provided to recipients under twenty-one years of age receiving medical assistance benefits. Such agreement shall provide for performance measures and the use of such cost control measures as the agencies may deem appropriate, consistent with this section.

The department of mental health shall file with the house and senate committees on ways and means a report on the impact of said inpatient screening process by April first, nineteen hundred and ninety-one and at six month intervals thereafter. Said report shall indicate for each patient screened by said process: the primary diagnosis and secondary diagnosis, if any, upon admission, and the diagnosis upon discharge; whether the admission was an emergency, as defined by the department; whether the patient had been admitted to a psychiatric or acute care hospital for inpatient psychiatric treatment within the previous thirty days and the previous year; if the admission was disapproved, whether alternative treatment was arranged for the patient; if the admission was approved, the name of the admitting facility and the length of stay at such facility; the state agency, health care or mental health provider that referred the patient for hospitalization; the state agency, if any, of which the patient was a client or beneficiary at the time of admission; whether the patient was medicaid-eligible upon admission or converted to medicaid coverage during hospitalization, and, if the patient was so converted, the percent of total length of stay covered by any non-medicaid third party; the number of thirty-day screenings conducted subsequent to admission; and whether such screening resulted in the prompt approval or denial of admission or discharge of such patient; provided, however, that said report shall not disclose the identity of any patient. Said report shall further summarize such information for all patients screened. Documentation that forms the basis for such filing shall be in a readily accessible format and available to the house and senate committees on ways and means.

The department of public welfare and the department of mental health shall amend any regulations of such departments necessary to ensure compliance with the provisions of this section.

SECTION 85. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws shall implement a comprehensive strategy to control amounts expended for the provision of psychiatric hospitalization services to medical assistance recipients under twenty-one years of age. Said strategy shall include, but not be limited to, selective contracts with psychiatric hospitals providing such services, review of said program's payment methodology for out-of-state psychiatric facilities providing such services, and changes in regulations to require that the income and assets of parents of dependent children under twenty-one years of age in psychiatric hospitals shall be counted by the program in determining eligibility for such hospitalization. Said program is hereby authorized and directed to make revise its regulations and procedures to implement said strategy, and to seek any waivers required from the Health Care Financing Administration. Said program shall submit a status report on the psychiatric hospitalization expenditure control strategy to the house and senate committees on ways and means on October first, nineteen hundred and ninety, and on January first and April first, nineteen hundred and ninety-one.

SECTION 86. Notwithstanding the provisions of any general or special law to the contrary, the medical assistance program established pursuant to the provisions of chapter one hundred and eighteen E of the General Laws is hereby directed to provide skilled nursing facility services and intermediate care facility services, and nursing facility services as provided for in section 1905(a)(4)(A) of the Social Security Act, as amended by the Omnibus Budget Reconciliation Act of 1987, Public Law 100-203 section 421 1(f1, to any person eligible for assistance under said chapter one hundred and eighteen E and whose medical condition meets standards or criteria set forth in regulations codified at 106 CMR 456.251 through 456.270. Said standards or criteria in effect as of November tenth, nineteen hundred and eighty-nine shall not be revised by the said program before February first, nineteen hundred and ninety-one and until the provisions and requirements of the following paragraph are met.

The secretary of human services is hereby authorized and directed to conduct a study relative to appropriate eligibility and admissions standards for the provision of assistance to eligible persons in said facilities. Said study shall be guided by the following principles: that said standards shall ensure that only appropriate medical conditions and appropriate social factors, are used to determine eligibility for admissions to said facilities; that persons denied admission to such facilities as the result of any revision to said standards are given priority for community-based services; that any revisions to said standards shall not conflict with Title XVIII admissions criteria where such criteria are necessary to assure payment for services under the medicare program; that reasonable nursing home facility standards are in place to ensure an adequate supply of cost-effective facilities to meet the long term care needs of the commonwealth's aging population; that any revisions to nursing home facility standards recommended by said study shall identify issues and resources necessary to assure a reasonable transition process for any facilities affected by such revisions; that revisions to eligibility and admissions criteria which may result in the denial of nursing facility services to eligible persons shall identify issues and resources necessary to assure the availability of alternative non-institutional services; and further, that all parties involved in long term care placement and care shall be promptly advised of any revisions to said standards, including but not limited to physicians, hospital discharge planners, nursing home administrators, screening services and case managers. In preparing said study, the secretary shall consult with officials of relevant state agencies; representatives of consumer advocacy groups, including the Massachusetts Association for Older Americans, Living is for the Elderly and the Alzheimer's Association of Eastern Massachusetts; and representatives of health care provider organizations, including the Massachusetts Federation of Nursing Homes and the Association of Massachusetts Homes for the Aging. Said study shall be filed with the house and senate committees on ways and means no later than February first, nineteen hundred and ninety-one.

SECTION 87. Notwithstanding the provisions of chapters six A and one hundred and eighteen E of the General Laws or any other general or special law to the contrary, the rate setting commission shall develop a patient-centered rate methodology for publicly assisted beneficiaries in non-acute hospitals licensed or operated by the department of public health to provide chronic and rehabilitative services. The commission shall establish, after public hearing, at least as often as annually, per diem rates designed to make payments to such non-acute hospitals that reflect the level and intensity of care that the patients require, based on utilization assessment tools that measure such level and intensity of care. Said rates shall contain an adjustment, consistent with the rate of inflation in the economy generally, as measured by a composite price index to be specified in regulation, and without further adjustment. Any rates established for patients which require less than hospital-level care shall not be considered administratively necessary day rates pursuant to section thirty-two of chapter six A of the General Laws and shall not be subject to the requirements of the fourteenth to seventeenth paragraphs of said section thirty-two.

The commission shall, in addition to any inflation and volume allowance, provide such non-acute hospitals allowances to remedy labor shortages of full time equivalent employees and for wage parity requirements of such individual non-acute hospital. The commission shall not impose any limitation on the grounds upon which such a non-acute hospital may apply for such relief under this paragraph, but shall review the merits of each application. Grounds upon which relief to remedy a labor shortage or to provide for wage parity requirements shall include, but not be limited to:

(1) where an employee vacancy rate exists in excess of the number of full time equivalent patient care employees contained in a plan of correction which has been accepted by the department of public health after it has issued a deficiency citation that patient care services are insufficient at such non-acute hospital or where an insufficient number of patient care personnel exists as determined by any patient care assessment method used by an individual non-acute hospital for accreditation by the joint commission on accreditation of hospitals;

(2) where such individual non-acute hospital demonstrates that after engaging in bona fide recruitment efforts it has experienced difficulty recruiting and retaining employees due to its location or for any other reason and, therefore, must make expenditures in excess of the amount allowed by the commission to recruit and retain labor.

For the purposes of making an application under the provisions of this section relative to a labor shortage or wage parity adjustment, any such hospital may use annual wage data reported by the Massachusetts Hospital Association and the United States Bureau of Labor Statistics which shall constitute evidence that such non-acute hospital is entitled to an allowance under this section.

The allowances granted under the provisions of this section relative to a labor shortage or wage parity adjustment shall assure that the allowed total compensation for full time equivalent employees is sufficient for each such non-acute hospital to attract and retain a sufficient number of employees within each classification of employees to provide quality patient care. Where such a non-acute hospital is entitled to an allowance under the provisions of this section due to its reliance on patient care personnel acquired through temporary employment agencies, such allowance shall reflect full time equivalent compensation which is no less than the annualized hourly charge of such temporary employment agencies for each class of employees, less an imputed amount of fifteen percent for agency overhead or actual average agency overhead if obtained and verified by the commission, less the amount otherwise allowed in base year costs per full time equivalent employee within the job classifications for which relief is provided.

The commission shall propose methodologies to adjust said per diem rates for ancillary services that may be provided by such hospitals. The methodology shall encourage the efficient delivery of and access to services. The commission shall consider, but not be limited to, methodologies that provide for fee-for-service payments or for contracting between the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws and such hospitals for the payment of ancillary services.

The commission shall work with the medical assistance program to ensure that such patient-centered rates, and any admissions criteria applied by said program that may be associated with such rates, do not inhibit any such hospital from participating in or billing the medicare program established by Title XVIII of the Social Security Act.

The commission shall develop and implement such patient-centered methodology for such non-acute hospitals no later than hospital rate year nineteen hundred and ninety-two. Prior to developing regulations to implement said methodology, the commission shall consult with representatives of non-acute hospitals, other relevant agencies of government, and any other interested party.

SECTION 88. The rate setting commission shall file a report with the house and senate committees on ways and means not later than January first, nineteen hundred and ninety-one that makes recommendations relative to implementation of the patient-centered methodology for non-acute hospitals pursuant to this act. Said report shall include a preliminary estimate of the cost impact of implementing said methodology, timetables for implementing said methodology, and recommended amendments to the state medicaid plan and federal approval thereof necessary to implement said methodology.

SECTION 89. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to require prior approval for the short-term admission to a psychiatric hospital of a nursing home resident who is a medicaid beneficiary. Such admissions shall only be approved for the treatment of organic neurological disease or neurobehavioral illness and major psychiatric illness according to criteria specified by regulation and shall not be allowed for the purpose of respite stays. Complete documentation, including any orders for such admission by a beneficiary's attending physician, shall be submitted to the program when prior approval for such admission is requested; provided that such documentation may be submitted later at the program's discretion when such admission is required on an emergency basis. The cost of any such admission for which prior approval has not been granted, except for emergencies, shall not be reimbursed by the program.

SECTION 90. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws shall implement a program of comprehensive drug utilization review. Said program shall at a minimum seek to identify and remedy: underutilization and overutilization of prescription drugs by beneficiaries of said program, prescribing and dispensing patterns inconsistent with expected norms, acceptable medical practice or program regulations, and risks of patient harm from drug therapy failure, adverse reactions and contraindicated drug use. Said program shall further identify trends in prescription drug costs and utilization in institutional and community-based care and shall assess the effects of newly introduced drugs on prescribing patterns, therapeutic efficacy and program costs. The associate commissioner of said program shall appoint a drug utilization evaluation and education committee comprised of members of the state pharmaceutical association and the state medical society. Said committee shall assist the program in implementing the drug utilization review requirements established by this section as they relate to licensed practitioners and pharmacists. Said committee shall further serve as a peer review committee within the meaning of chapter one hundred and eleven of the General Laws.

SECTION 91. There is hereby established a special commission to consist of three members of the senate, three members of the house of representatives and three persons to be appointed by the governor, one of whom shall be a representative of each of the following: a pharmacy association, the pharmaceutical industry and the Massachusetts Medical Society, for the purpose of making an investigation and study relative to the feasibility of a pharmaceutical manufacturers' rebate program within the commonwealth's medical assistance program. Said commission shall report the results of its investigation and study and its recommendations, if any, together with any drafts necessary to carry out its recommendations to the clerks of the senate and the house of representatives on or before October first, nineteen hundred and ninety.

SECTION 92. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to seek competitive bids for sole source and multiple source pharmaceutical products dispensed to program beneficiaries in nursing homes and, where applicable, other institutional settings. The program is further authorized and directed to establish a nursing home drug formulary of therapeutically equivalent drug products for the purpose of soliciting competitive bids. The program shall seek to enter contracts for such arrangements no later than January first, nineteen hundred and ninety-one. The state purchasing agent is hereby authorized and directed to assist with or undertake said competitive bidding if so requested by the program.

SECTION 93. Notwithstanding the provisions of any general or special law to the contrary, the department of public health, in consultation with the medical assistance program of the department of public welfare, shall revise such rules and regulations, and seek such approvals as may be required by the federal Food and Drug Administration, as may be necessary to prevent the disposal of unused medications in long term care facilities. In promulgating such revisions, the department shall consider requiring drug manufacturers, distributors and wholesalers to reclaim and recycle pharmaceuticals that otherwise would be disposed of in a nursing home. The department shall also consider revising dispensing requirements to permit pharmacists to more frequently dispense the dosage specified on a thirty day prescription form issued to or on behalf of a nursing home resident, and shall consider such other revisions consistent with the intent of eliminating the waste and disposal of drugs dispensed to residents of long term care facilities; provided, however, that any such revisions first shall be determined to be cost-effective by said medical assistance program prior to adoption by the department of public health. Such revisions to said rules and regulations shall be promulgated by the department no later than November first, nineteen hundred and ninety.

SECTION 94. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare, hereinafter referred to as the department, is authorized to enter into an agreement for a term of three years with Farren Care Center, Inc., hereinafter referred to as the center, which is a tax-exempt corporation organized to provide services including special medical and nursing care of patients who are medically involved and mentally ill. At the end of the initial term of said agreement, the department shall review the needs of medically involved and mentally ill patients and the costs of serving them and shall have the right to extend the agreement for a period of years to be determined by the department and on such other terms and conditions as may be consistent with this section. The center shall receive a per diem rate of reimbursement as established annually by the rate setting commission, which rate shall be based on the reasonable costs of the center, associated with the staffing patterns and other requirements set forth in the agreement between the department and the center, together with reasonable increases for inflation as determined by the rate setting commission which shall not exceed the annual inflation increases for other long term care facilities. The rate shall be supplemented during each of the first three years by an amount not to exceed twenty dollars per diem, to reimburse the center for the actual start-up costs incurred in its establishment. The payment and repayment terms relating to the supplemental per diem are specified in a letter dated March ninth, nineteen hundred and ninety from the department to the center and in an exhibit attached thereto. The center shall not be subject to section eighty-nine of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine, during the term of the initial agreement or any subsequent agreement between the department and the center. In addition, for a period of three years, the center shall not be subject to section one hundred and two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine. In the event that the department enters into an agreement with the center following the initial three year agreement, the rate of reimbursement paid to the center shall be determined on a prospective basis and shall reflect its reasonable costs. The department shall seek to maximize federal financial participation for the services provided under said agreement, provided that state funds may be expended in the absence of federal financial participation as needed for the department to perform its obligations under said agreement.

SECTION 95. Notwithstanding the provisions of any general or special law to the contrary, the rate setting commission, where it deems necessary, shall adjust a hospital's allowance for uncompensated care if it has determined that such adjustment is necessary to adequately compensate such hospital for the provision of care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws.

SECTION 96. Notwithstanding the provisions of any general or special law to the contrary, the administrator of any facility licensed pursuant to section seventy-one of chapter one hundred and eleven of the General Laws shall deposit in an interest-bearing account of any bank organized and existing under the laws of the commonwealth, funds of any person who is an inpatient or resident at such facility, if such administrator agrees to manage such funds at the request of such person or the fiduciary of such person or if the administrator is a fiduciary of such person. The words "fiduciary" and "fund" shall have the same meaning found in section one of chapter one hundred and twenty-three of the General Laws. The interest earned on any interest-bearing account shall be distributed in one of the following ways, at the election of the facility: (a) pro-rated to each patient on an actual interest earned basis for individual accounts or (b) pro-rated to each patient on the basis of his end of quarter or nearest end of month balance for collective accounts. The department of public health shall promulgate rules and regulations to implement this section.

SECTION 97. Notwithstanding the provisions of section sixty-five A of chapter six A of the General Laws or any other general or special law to the contrary, no acute hospital shall deny access to care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws; provided, however, that such recipients shall be exempt from any collection action, preadmission deposit or any other form of billing or collection procedures arising from treatment by an acute care hospital provided under the healthy start program. The healthy start card will constitute sole verification of application and eligibility for free care for inpatient hospital services.

SECTION 98. The department of public welfare shall, to the extent authorized under Title XIX of the Social Security Act, provide for medical assistance in the form of ambulatory care services to pregnant women who are presumptively eligible for medical assistance for the period of time prescribed by federal law. The department shall promulgate regulations to implement this section which shall require providers to notify such pregnant women of the need to file an application for medical assistance and which shall set standards to be used in determining presumptive eligibility by providers who qualify to do so under the department criteria.

SECTION 99. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the nonprofit hospital service corporation governed by chapter one hundred and seventy-six A of the General Laws and the medical service corporation governed by chapter one hundred and seventy-six B of the General Laws shall offer a group medicare supplement to that group of medical assistance recipients designated from time to time by the department of public welfare. Such coverage shall be provided at the rates applicable to individuals for similar coverage, known as the "group rate".

SECTION 100. The department of public welfare is hereby authorized to enter into contracts pursuant to section four of chapter one hundred and eighteen E with health insurers which offer policies of medicare supplemental insurance, to the extent permitted by federal law, for the purpose of affording access to managed care for elderly recipients of medical assistance under such chapter who are also entitled to benefits under Title XVIII of the Social Security Act.

SECTION 101. The departments of mental health and mental retardation shall coordinate with state and local education agencies responsible for the provision of special education pursuant to chapter seventy-one B of the General Laws, in the provision of mental health and mental retardation services and programs; provided, however, that nothing herein shall alter in any way the responsibilities of the department of education and of state and local educational entities under the provisions of said chapter seventy-one B. Coordinated services shall be devised, to the extent possible, in a combined joint meeting with family and appropriate professionals. Parents and children shall, to the extent possible, have the right to participate in such a process.

SECTION 102. The comprehensive state-wide plan developed pursuant to the provisions of section seventy-nine of chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-seven shall provide that services to medically ill, mentally ill patients are provided in the most age-appropriate and disability-appropriate settings, consistent with the mental health needs of the patients. Said plan shall provide for specialized medical and mental health residential programs to meet the needs of identified individuals and shall provide, to every extent possible, for the utilization of community residential placements with medical care components and for the utilization of specialized units within general hospitals.

The department of mental health shall, subject to appropriation, be responsible for the direct provision of or the contracting for services for and the provision of case management and individual service planning to all identified individuals with either serious or long-term mental health or behavioral needs; provided, that the department of mental retardation shall be responsible for service provision, case management and service planning for identified individuals with a diagnosis of mental retardation.

SECTION 103. The commissioner of mental health shall, in consultation with the Massachusetts Sheriffs Association, prepare a progress report on the development of specialized county correctional mental health units as mandated by section eight of chapter one hundred and sixty-seven of the acts of nineteen hundred and eighty-seven. Said report shall include findings and recommendations consistent with the development of said mental health units and shall be filed with the house and senate committees on ways and means and the executive office of human services on or before March first, nineteen hundred and ninety-one.

SECTION 104. In accordance with the provisions of section three hundred and four of this act, no person shall be newly committed to the treatment center for sexually dangerous persons or to any branch thereof under the provisions of chapter one hundred and twenty-three A of the General Laws on or after September first, nineteen hundred and ninety; provided, however, that all persons committed to said treatment center, as of said date, pursuant to an order of commitment issued prior to said date, shall be maintained at said treatment center subject to the provisions of said chapter one hundred and twenty-three A; provided, further, that upon a determination by the commissioner of correction and the commissioner of mental health that space within the treatment center has become available due to a decline in patient population, the commissioner of correction may utilize such space for the purposes of addressing overcrowding at facilities under his control or addressing any special correctional needs of the inmate populations at such facilities; provided, however, that upon the utilization of available space by the department of correction, treatment center patients shall at all times remain separate and apart from department of correction inmates; and provided further, that the commissioner of correction shall develop a plan for a program of voluntary treatment services for sex offenders to be offered in facilities operated by the department of correction.

SECTION 105. Notwithstanding the provisions of any general or special law to the contrary, neither the department of mental health, the department of mental retardation nor any other state agency or department, shall authorize or approve the construction of new facilities or the renovation or rehabilitation of existing facilities, to house either mental health or mental retardation community-based programs, including but not limited to intermediate care facilities, limited group residences, community residences and apartments, until such time as a schedule of start-up and full operating costs of the program to be housed at such location has been submitted to the house and senate committees on ways and means. Said departments shall report annually to said committees on the status of such construction, renovation and rehabilitation projects including any revisions to the cost schedule.

SECTION 106. The commissioner of the department of the mental retardation is hereby authorized and directed to prepare a report detailing the plans of the department regarding disengagement from the court ordered consent decrees. Such plan shall include staffing levels as required for the maintenance and operation of each facility, including their impact on the client population and the provision of certifiable services pursuant to Title XIX of the Social Security Act at each of the seven state schools. Said report shall be filed by January first, nineteen hundred and ninety-one with the house and senate committees on ways and means and the executive office of human services.

SECTION 107. Notwithstanding the provisions of any general or special law to the contrary, the department of mental retardation is hereby authorized to select one or more individuals, partnerships, corporations, or joint ventures, and to enter into contracts and agreements with such individuals or entities for the lease of not more than forty-seven community-based residences to facilitate the relocation of the residents of the Belchertown State School and the closing of said facility, pursuant to section seventy of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight. The department shall make said selections in accordance with a single comprehensive and competitive proposal process carried out in cooperation with the division of capital planning and operations; provided, however, that said selection process shall comply with the requirements of sections forty G and forty H of chapter seven of the General Laws except as otherwise provided in this section. The deputy commissioner of capital planning and operations is authorized to enter into rental or lease agreements pursuant to this section for a period not to exceed thirty years. Any residential property leased pursuant to this section shall meet all applicable regulations of the department and applicable requirements of the state building code for residential programs for handicapped individuals.

SECTION 108. Any person who has been employed by the department of mental retardation at the Belchertown state school who is an "employee" for the purposes of chapter thirty-two A of the General Laws who requests and is granted a voluntary lay-off by his appointing authority prior to June thirtieth, nineteen hundred and ninety-one and who, subsequent to such voluntary layoff, is eligible for and receives unemployment benefits pursuant to the provisions of chapter one hundred and fifty-one A of the General Laws shall continue to be deemed an "employee" for the purposes of said chapter thirty-two A for the duration of the period that said person actually receives such unemployment benefits in accordance with said chapter one hundred and fifty-one A; provided, however, that any person who so requests and is so granted a voluntary layoff shall be deemed to waive any right to appeal his selection for such layoff and any rights for recall or reinstatement provided in accordance with the provisions of any special or general law or regulation or applicable collective bargaining agreement.

SECTION 109. Notwithstanding the provisions of any general or special law to the contrary, the department of social services shall implement a sliding fee charge system for voluntary group care and foster care placements funded through item 4800-0030 and item 4800-0041 of section two of this act. An impact report, identifying by income category the number of clients charged, the amounts charged, revenues collected, and changes, if any, in utilization of voluntary services or utilization patterns subsequent to the imposition of said charge system, shall be submitted to the house and senate committees on ways and means no later than June thirtieth, nineteen hundred and ninety-one.

SECTION 110. The Massachusetts rehabilitation commission shall, as a priority matter, assist in the appeals of Title XIX recipients with acquired immune deficiency syndrome who are seeking coverage under the Medicare program.

SECTION 111. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts commission for the blind and the executive office of administration and finance shall develop a contributory retirement plan for employees hired after July first, nineteen hundred and ninety to work in workshops created pursuant to section one hundred and forty-three of chapter six of the General Laws. Said plan shall include consideration of length of employment and shall be filed within ninety days of the effective date of this section with the house and senate committees on ways and means and shall be implemented no later than July first, nineteen hundred and ninety-one.

SECTION 112. The Massachusetts commission for the blind shall develop and implement a plan to achieve financial self-sufficiency of the workshops created pursuant to section one hundred and forty-three of chapter six of the General Laws, by fiscal year nineteen hundred and ninety-five. The plan shall include measures to ensure steady progress towards the workshops' full self-sufficiency. A preliminary plan shall be filed within sixty days of the effective date of this section with the house and senate committees on ways and means and a final plan shall be filed with said committees by January first, nineteen hundred and ninety-one.

SECTION 113. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental protection and the department of public works shall formulate a plan to mitigate, contain and remove the hazardous materials on the site of the former School Street Bridge, so-called, in the city of Lowell. Said plan shall fully comply with all public health and environmental laws. Immediately following the removal of the contamination on the site as required to permit construction, the executive office of transportation and construction shall proceed with the public bid process for the construction of a new bridge on said site.

SECTION 114. Notwithstanding any general or special law to the contrary, the commissioner of education shall designate those public schools in school districts eligible for equal educational opportunity grants, as determined by chapter seventy A of the General Laws, that are "most at risk" schools, as determined pursuant to guidelines promulgated by said commissioner, which guidelines shall include student body performance on the statewide basic skills and assessment tests, and other such school performance factors as the commissioner deems appropriate. The commissioner shall require all school districts that are eligible for equal educational opportunity grants and that contain one or more "most at risk" schools to: (1) give priority regarding the distribution of equal educational opportunity grants for a fiscal year, as that term is defined in section two of said chapter seventy A, to the "most at risk" schools within the school district; and (2) develop a plan, to be approved by the commissioner, for each "most at risk" school within the school district, outlining the specific uses of equal educational opportunity grants that will improve the learning and performance of students within these "most at risk" schools.

SECTION 115. Notwithstanding the provisions of any general or special law to the contrary, the board of education, through the school building assistance bureau, is hereby authorized and directed to assist and reimburse any city or town that has a public school enrollment of greater that fifty percent minority pupils, and has not received new school building construction assistance pursuant to chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight for ninety-five percent of such city or town's financing or lease-purchase costs for school building and school facility construction and renovation. Project applications for any such city or town shall be considered a priority one project by the board of education. Such city or town may utilize alternative methods for the acquisition of any real property, for the procurement of design and construction services and for the financing of the costs of such buildings and facilities, including, but not limited to, construction management, fast-tracked or phased construction, turnkey procurement design and build procurement and lease-purchase of facilities.

SECTION 116. Notwithstanding the provisions of any general or special law to the contrary, the board of regents of higher education shall file semi-annual reports with the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on education, arts and humanities detailing the number of state funded, full and part-time equivalent employees at each of the public institutions of higher education which shall include a job description and salary range. Each such report shall be filed by January thirty-first and July thirty-first of each year.

SECTION 117. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority and in order to meet the estimated cost of heat, light, power and other services to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of state colleges and universities shall transfer to the General Fund from the funds received from the operation of said projects such costs as will be incurred for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the board of regents, and approved by the commissioner of administration and the house and senate committees on ways and means.

SECTION 118. The board of regents shall develop a plan for the implementation of clause (g) of section five of chapter fifteen A of the General Laws as amended by this act. Said plan shall be filed with the house and senate committee on ways and means within sixty days of the effective date of this act.

SECTION 119. Notwithstanding the provisions of any general or special law to the contrary, up to seven hundred thousand dollars of any balances remaining, in item 7100-1111 of section two C of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine at the end of fiscal year nineteen hundred and ninety shall not revert to the General Fund, but shall be available, in fiscal year nineteen hundred and ninety-one, to the board of regents for the purposes of items 7100-0201, 7100-0301, 7100-0401, of section two of this act, provided, that the board of regents shall submit an allocation plan of said revenues to the house and senate committee on ways and means.

SECTION 120. (a) The board of regents is hereby authorized and directed to amend the plan for out-of-state student tuition increases which the board submitted to the house and senate committees on ways and means pursuant to the requirements of section one hundred and seventy-six of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine. Said amended plan shall (1) maintain the tuition increases for out-of-state students effective for fiscal year nineteen hundred and ninety-one which the board approved in its vote on the fifth of June, nineteen hundred and ninety; (2) continue to provide that for fiscal year nineteen hundred ninety-two and any fiscal year thereafter, out-of-state students shall pay an amount equal to one hundred percent of the costs of enrollment; and (3) rescind the tuition increase for out-of-state students effective for the period from January first, nineteen hundred and ninety to July first, nineteen hundred and ninety, as authorized and directed by said section one hundred and seventy-six. The board shall file said amended plan with the house and senate committees on ways and means no later than sixty days after the effective date of this act.

(b) The board of regents shall discontinue to collect the tuition increase for out-of-state students for the period from January first, nineteen hundred and ninety to July first, nineteen hundred and ninety, as authorized and directed by said section one hundred and seventy-six, effective upon the passage of this act. Of the monies already collected with respect to said tuition increase, the board shall dispose of the monies in the following manner:

(1) for students with past due tuition charges, the monies shall initially be applied to the tuition charges due; any remaining balance shall be credited to tuition charges for the subsequent semester, unless the student has already graduated or fails to enroll for the fall semester of the nineteen hundred and ninety academic year, in which case such students shall be refunded by the commonwealth to the extent to which such students overpaid;

i1 (2) for students without past due charges, the monies shall be credited to tuition charges for the subsequent semester, unless the student has already graduated or fails to enroll for the fall semester of the nineteen hundred and ninety academic year, in which case such students shall be refunded by the commonwealth to the extent to which such students overpaid.

(c) The provisions of this section shall supersede the provisions of section one hundred and seventy-six of chapter six hundred fifty-three of the acts of nineteen hundred and eighty-nine to the extent to which they are in conflict; and the provisions of this section shall additionally supersede any other general or special law, previously enacted, with which they are in conflict.

(d) For the purposes of this section, "out-of-state" students shall refer to students who are enrolled at the public universities and colleges of the commonwealth who are not considered to be legal residents; provided that this term shall not include any students participating in the New England Regional Student Program.

SECTION 121. The commissioner of administration shall annually on or before February first submit to the house and senate committees on ways and means the following information for each state authority as defined by section one of chapter twenty-nine of the General Laws and for each regional transit authority which has debt authorized but unissued, or currently outstanding, whether or not such state or regional transit authority receives a periodic appropriation from the commonwealth: (1) a statement of authorized but unissued, and currently outstanding bonds and notes of the authority as of the end of the preceding state fiscal year; (2) an estimate of the amounts of said bonds and notes to be authorized but unissued and currently outstanding at the end of the current state fiscal year; and (3) an estimate of the amount of said bonds and notes, including the amounts to be sold, retired, or refinanced, at the end of the subsequent state fiscal year; and (4) a summary, by sources, of revenues to finance said bonds and notes including any dedicated funding or any other financial assistance from the commonwealth, such as guarantees, contract assistance, or other such assistance.

Notwithstanding the provisions of any general or special law to the contrary, every chief executive officer of each such state or regional transit authority is hereby authorized and directed to provide the necessary information to the commissioner of administration to ensure his timely compliance with the provisions of this section.

To defray the costs to the commonwealth of complying with the provisions of this section, the commissioner of administration is hereby authorized to make an assessment against each state or regional transit authority subject to the reporting requirements of this section sufficient to produce an annual amount from all such authorities equal to two hundred thousand dollars. Said amount shall be assessed proportionally against each such state or regional transit authority, in the ratio of the reported amount of authorized but unissued, and currently outstanding bonds and notes of each such authority as of the end of the preceding fiscal year to the total reported amount of authorized but unissued, and currently outstanding bonds and notes of all such authorities as of the end of the preceding fiscal year.

The commissioner shall annually bill each such state or regional transit authority on or before March first for such assessment. Upon receipt of said bill, each state or regional transit authority shall, within thirty days, pay said assessment to the commissioner provided that all amounts so received shall be credited to the General Fund.

SECTION 122. The commissioner of public safety is hereby authorized to charge the various offices of the district attorney of the commonwealth and the office of the attorney general for overtime payments made to state police officers assigned by the commissioner to duty with said district attorneys and attorney general and paid pursuant to item 8312-0100 of section two of this act. The proceeds received from such charges shall be credited to said item 8312-0100 and made available for expenditure. The district attorneys of the commonwealth and the attorney general shall designate the account to be charged; provided, however, that accounts established pursuant to section forty-seven of chapter ninety-four C of the General Laws may also be charged, notwithstanding any provisions of said section forty-seven to the contrary.

SECTION 123. The estimated cost of fringe benefits associated with the operation of training facilities and curriculum for fire fighting personnel of the Massachusetts Fire Fighting Academy shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated within the commonwealth within thirty days after notice from the commissioner of such estimated expenses; provided, further, that said cost shall be apportioned according to the provisions set forth in section one hundred and ninety-five of chapter one hundred and seventy-five of the General Laws.

SECTION 124. Notwithstanding the provisions of any general or special law to the contrary, no transfer of personal data shall be made to the long term care database, authorized pursuant to item 9110-1645 of section two of this act, from the executive office of elder affairs, the department of public health, the department of public welfare or any other state agency prior to the promulgation by the respective state agency of regulations governing such transfer of personal data; provided, however, that all personal data held by said long term care database shall be subject to the provisions of chapter sixty-six A of the General Laws.

SECTION 125. Notwithstanding the provisions of any general or special law to the contrary, all monies in the Nongame Wildlife Fund prior to the effective date of this act shall be transferred to the Natural Heritage and Endangered Species Fund and made available, subject to appropriation, to the department of fisheries, wildlife, and environmental law enforcement.

SECTION 126. The department of environmental protection, hereinafter called the department, is authorized to perform a study of alternative ways to fund the services performed by the department in response to releases and threats of releases of oil and hazardous materials pursuant to chapter twenty-one E of the General Laws. Said study shall examine currently authorized funding sources and appropriations for the program, ways to improve the program's efficiency, and current and alternative program designs to achieve the purposes and activities of said chapter twenty-one E. Said study shall develop recommendations to fund the difference between future revenues from existing sources and projected expenses. Said study shall also address any program and statutory modifications needed to ensure that oil and hazardous material releases and threats of release are assessed and cleaned up as quickly and efficiently as possible by both public and private responders. The department shall perform said study in consultation with an advisory committee appointed by the commissioner and including without limitation representatives of industrial, small business, and other commercial organizations, financial institutions, municipalities, and environmental organizations. The commissioner shall submit to the house and senate committees on ways and means and the joint committee on natural resources and agriculture a copy of said study and any accompanying legislation which would be necessary to implement said study's recommendations within ninety days of the passage of this act.

SECTION 127. There is hereby established a mental health inpatient insurance task force which shall include two members from the senate, three members from the house of representatives, the commissioner of the department of mental health or his designee, the commissioner of the division of insurance or his designee, and the following members to be appointed by the governor two representatives of the insurance industry and two representatives of mental health providers. The task force shall recommend policies and procedures, regarding current inpatient mental health mandated benefits, for the utilization of more clinically appropriate and cost-effective alternatives to hospitalization, including: preventive and crisis intervention services, intensive residential care, and mental health home care. A report of the findings and recommendations of the task force shall be filed on or before March first, nineteen hundred and ninety-one with the house and senate committees on ways and means and the executive office of human services.

SECTION 128. By September first, nineteen hundred and ninety, the state purchasing agent shall conduct a study and submit to the house and senate committees on ways and means and the secretary of administration and finance a plan for participation in, or development of, a multi-state purchasing cooperative for the purpose of procuring at quantity discount rates certain supplies, products, and services used by state agencies and authorities. Said study shall research the effectiveness of existing multi-state purchasing cooperatives, the potential cost savings which could be realized by the commonwealth as a result of coordinated quantity purchasing, and a prospective list of supplies, products, and services which might be bought through a multi-state purchasing cooperative. Said study shall include a list of states within the region which might be willing to form a new cooperative, as well as a list of existing cooperatives which the commonwealth might join.

SECTION 129. The comptroller is hereby authorized to transfer any unexpended balances from the following items in chapter two hundred and forty of the acts of nineteen hundred and eighty-nine to the following new appropriation items, as appearing in section two of this act: `t+1

`tcol(*)=3;c1=10,20,tuc;c2=40,3,tuc;c3=47,20,tur Chapter 240 Items**New Items 0111-0000*to*9511-0000 0111-8000*to*9511-8000 0112-0000*to*9512-0000 0112-0100*to*9512-0100 0113-0000*to*9513-0000 0114-0000*to*9514-0000 0115-0000*to*9515-0000 0115-0100*to*9515-0100 0116-0000*to*9516-0000 0116-0030*to*9516-0030 0117-0000*to*9517-0000 0118-0000*to*9518-0000 0119-0000*to*9519-0000 0122-0000*to*9623-0000 0124-0000*to*9625-0000 0127-0000*to*9629-0000 0127-0020*to*9630-0020 0129-0000*to*9633-0000 0144-0000*to*9634-5000 0169-7103*to*9634-6000 0131-0000*to*9731-0000 0132-1000*to*9734-1000 0133-0000*to*9735-0000 0143-0001*to*9738-0001 0143-0003*to*9739-0003 0145-0000*to*9519-7000 0147-0000*to*9742-0000 0161-0000*to*9743-0000 0161-1000*to*9744-1000 0161-2000*to*9745-0000 0163-0000*to*9746-0000 0164-0010*to*9747-0010 0165-0000*to*9748-0000 0169-7102*to*9519-6000 `tcol;end

SECTION 130. Notwithstanding the provisions of section seven C of chapter fifteen A of the General Laws or any other general or special law to the contrary, no state employee whose salary exceeds fifty-five thousand dollars per year, and no spouse or child of a state employee whose salary exceeds fifty-five thousand dollars per year shall be eligible for a tuition waiver of for tuition remission; provided, however, that this section shall not apply to any employee or the spouse or child of any employee of any of the commonwealth's public community colleges, state colleges or universities.

SECTION 131. The provisions of sections thirteen, fourteen, fifteen, fifteen A, sixteen, seventeen, seventeen A and seventeen B of chapter fifty-eight of the General Laws shall not be applicable for the period between July first, nineteen hundred and ninety and June thirtieth, nineteen hundred and ninety-one.

SECTION 132. The department of public welfare is hereby directed to revise its rules and regulations with respect to establishing uniform standards and procedures regarding the payment of personal needs allowances to beneficiaries receiving general relief or medical assistance who are resident in a halfway house, detoxification center, or residential facility for the treatment of alcoholism or drug dependency.

SECTION 133. The provisions of section one A of chapter one hundred and seventeen of the General Laws relating to coverage for inpatient hospital services only shall take effect on January first, nineteen hundred and ninety-two.

SECTION 134. Notwithstanding any general or special law to the contrary, a person who is not either (a) a citizen or (b) an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law shall not be eligible for cash assistance under chapter one hundred and seventeen of the General Laws. The provisions of this section shall not apply to otherwise eligible minor children, pregnant women, caretakers of minor children, persons who are handicapped as defined in chapter one hundred and fifty-one B of the General Laws, or persons sixty-five years of age or older. The provisions of this section shall not apply to aliens for whom costs incurred pursuant to said chapter one hundred and seventeen are fully reimbursed by the federal government. For purposes of this section an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law shall include any alien who is lawfully present in the United States as a result of the application of the following provisions of the Immigration and Nationality Act:-

(1) Section 201 (c), in effect after March first, nineteen hundred and eighty - Aliens admitted as Refugees;

(2) Section 203 (a) (l), in effect prior to April first, nineteen hundred and eighty - Individuals who were granted status as Conditional Entrant Refugees;

(3) Section 208 - Aliens granted Political Asylum by the Attorney General;

(4) Section 212(d)(5) - Aliens granted Temporary Parole Status by the Attorney General; and shall also include

(5) Any alien granted lawful temporary resident status pursuant to section 201 or 302 of the Immigration Reform and Control Act of 1986 (Pub. Law 99-603) who must be either:-

(a) A Cuban and Haitian entrant as defined in paragraph (1) or (2) (A) of section 501(e) of Pub. Law 96-422, as in effect on April first, nineteen hundred and eighty-three, or

(b) An applicant for general relief who is not a Cuban and Haitian entrant applicant under clause (I) who was adjusted to lawful temporary resident status more than five years prior to application.

SECTION 135. Notwithstanding any general or special law to the contrary, the program of medical assistance established pursuant to chapter one hundred and eighteen E of the General Laws shall not enroll additional providers of services and shall not approve any expansion of services or capacity by any provider of services until said program has established objective needs-based assessment criteria, including cost-benefit analyses, and such program has redetermined the eligibility for participation for all providers subject to said needs-based assessment; provided, however, that such redetermination shall be completed no later than June thirtieth, nineteen hundred and ninety-one. The associate commissioner of medicaid may waive the provisions of this section upon a finding by said associate commissioner that application of this section to a particular provider would cause substantial harm to persons receiving assistance under such program or that denial of such enrollment or expansion would not be cost-effective. Said program shall seek all waivers required from the Health Care Financing Administration to implement this section.

SECTION 136. Notwithstanding any general or special law to the contrary, no department, agency or other unit of state government shall establish or recognize, or expand or alter the scope of any board for or category of licensure or certification of any health, allied health, allied mental health, social work or so-called human services profession or occupation unless notice of its intent to do so is filed with the clerks of the house of representatives and the senate while the general court is in session and the general court has passed a resolve authorizing said action as being essential for the health and safety of the residents of the commonwealth.

SECTION 137. The department of capital planning and operation is hereby authorized and directed to undertake a study of the granting of "early-completion bonuses" so-called. Said study shall address the cost-effectiveness of said program and shall be filed with the clerk of the house and the senate on or before October thirty-first, nineteen hundred and ninety-one.

SECTION 138. The secretary of administration and finance shall direct each agency, as defined herein, to administer an employee efficiency program, hereinafter referred to as "the program". The program may be referred to as the "Workers Opposed to Waste". Under the program, employees may submit recommendations for improving the efficiency of operations of the agency in which they are employed. Said recommendations may include but need not be limited to the elimination, adoption, or revision of certain employee work practices and procedures, paperwork reduction, and the elimination of employee positions through attrition. Said recommendations shall be made in writing and submitted to an agency administrator who holds sufficient authority to implement said recommendation.

Within fifteen days after the submission of a recommendation, an administrator shall determine whether said recommendation will achieve cost savings, improved efficiency, or both, and shall further estimate the cost savings to be achieved by implementation of said recommendation. An administrator shall immediately implement any recommendation which will, according to the determination of the administrator, achieve cost savings, improved efficiency, or both. Each employee who submits a recommendation shall be notified in writing that said recommendation will or will not be implemented.

A copy of each recommendation submitted by employees shall be filed, with the name or names of employees making said recommendation, the determination of the administrator, the estimated cost savings to be achieved, the method in which all saved funds are to be expended, the date on which said recommendation is implemented, and any awards given pursuant to this section, to the secretary of administration and finance.

For each recommendation which is implemented and which achieves a cost savings, a cash payment award shall be given to the employee or employees which submitted said recommendation. An award to the employee or employees shall be equal to twenty percent of the cost savings achieved in the annual operating budget of the agency through implementation of the recommendation; provided, however, that no employee award shall exceed one thousand dollars. An award shall be equally divided between employees in the event that two or more employees submit a recommendation which achieves a cost savings.

An employee may appeal a decision not to implement a recommendation by filing with the appropriate executive officer a copy of said recommendation, a copy of the written notice from an administrator that said recommendation will not be implemented, and a letter of appeal. The appropriate executive officer shall review the recommendation and determine whether said recommendation will achieve cost savings, improved efficiency, or both. The appropriate executive officer shall immediately direct the implementation of any recommendation which will achieve cost savings, improved efficiency, or both. An employee filing an appeal shall be notified in writing of the decision of the executive officer within thirty days. For the purposes of this section, "executive officer" shall mean the secretary of the executive office under which an employee is employed; or, in the case of a public institution of higher education, the chancellor of the board of regents; or, in the case of any agency not under an executive office or the board of regents, the secretary of administration and finance. In the event that a recommendation was initially submitted to a secretary of an executive office or to the chancellor of the board of regents, an appeal may be filed with the secretary of administration and finance.

The program shall take effect on September first, nineteen hundred and ninety and shall expire, unless reauthorized by the general court on September first, nineteen hundred and ninety-one.

For the duration of the program, the secretary of administration and finance shall every three months submit a summary of all recommendations, with an accounting of all recommendations implemented, the cost savings achieved, and all awards given, to the committees on ways and means of the house of representatives and senate.

No agency, including the secretary of administration and finance, shall authorize or appropriate funds for the hiring of new or additional personnel in order to comply with the provisions of this section.

For the purposes of this section, "agency" shall mean any central, regional, or local offices or department of the commonwealth, including but not limited to state agencies, boards, commissions, institutions, and quasi-public agencies funded in any part by the commonwealth.

SECTION 139. The secretary of administration and finance is hereby authorized and directed to conduct a study relative to the feasibility of implementing various proposals recommended by the governor's management task force. Said recommended proposals shall include, but not be limited to, a master capital bill to consolidate all capital requests, annual appropriations to a stabilization fund, program budgeting and accounting procedures, establishment of critical success factors to better supervise performance and focus organizational efforts, centralization of information systems and uniformity of payroll systems. Said study shall be filed with the governor and the clerks of the senate and house of representatives no later than January first, nineteen hundred and ninety-one.

SECTION 140. Notwithstanding the provisions of any general or special law to the contrary, the secretary of the commonwealth is hereby authorized and directed to establish a citizen's participation pipeline as a resource for communication between the citizens of the commonwealth and the state government. The pipeline shall be established as a toll free phone number maintained by the secretary of the commonwealth. The toll free number shall be 1-800-SPEAKUP. The pipeline shall be available for use by citizens to communicate suggestions, advice or alternatives to current methods of administering state programs.

SECTION 141. The state purchasing agent is hereby directed, when so requested by the head of an agency, board, commission, authority, department, or instrumentality of a city, town, district, regional school district, county, or other governmental entity eligible to participate in the state collective purchasing program pursuant to sections twenty-two A and twenty-two B of chapter seven, to provide said official with written information on all current collective purchasing contracts and prices executed by the state purchasing agent and to include said official on a mailing list compiled and maintained by the state purchasing agent for the purpose of disseminating copies of current collective purchasing contracts, prices, and related information. The state purchasing agent is further directed to disseminate in a timely manner to all public officials on said mailing list information regarding additions, deletions, and changes to the current collective purchasing contracts and prices executed by the state purchasing agent.

SECTION 142. Notwithstanding any general or special law to the contrary, the secretary of administration and finance in consultation with the secretary of human services and the secretary of elder affairs is hereby authorized to develop sliding schedule of fees for the provision of certain services funded by departments and commissions within executive office of human services and executive office of elder affairs; provided, however, that no such fees shall be charged to individuals and families whose incomes are at or below two hundred percent of the federal poverty line; provided, further, that any sliding fee scale which is in effect on or before January fourth, nineteen hundred and ninety shall be exempt from the provisions of this section; provided, however, that exemption from this section shall not preclude the secretary of administration and finance, the secretary of executive office of human services or the secretary of elder affairs from adjusting or changing the fee structure of any existing sliding fee scales; provided, further, that the commissioner of such department or commission shall be authorized to adjust or waive a recipient's sliding fee copayment if the commissioner determines that imposition of such a fee would interfere with the recipient's ability to receive services for reasons including but not limited to financial hardship due to recent disaster, extraordinary medical or rental expenses; provided, further, that the secretary of administration and finance shall file a schedule of fees, including an estimate of the new costs and revenues resulting therefrom, with the senate and house committees on ways and means no later than September first, nineteen hundred and ninety; and provided, further, that each such department or commission shall provide affected recipients at least sixty days notice of impending fee copayment before implementation of said fees.

SECTION 143. There is hereby established a veterans' benefits eligibility task force which shall include the commissioner of veterans services or his designee, the chief of investigation of the office of the commissioner of veterans services or his designee, the commissioner of the department of public health or his designee, the secretary of the executive office of human services or his designee, the associate commissioner of the medicaid program or his designee, and the regional director of long term care units for the medicaid program or his designee. Said task force shall identify obstacles to the efficient eligibility determination of veterans, their spouses and dependents for benefits available from the federal veterans administration, including but not limited to, the identification of veterans status upon application for supplemental security income or medicaid coverage under the medicaid medically needy program and the accessibility of all records and documentation necessary to facilitate such veterans benefit determinations. Said task force shall recommend all policies and procedures necessary to assure efficient veterans benefit eligibility determinations by their respective agencies and shall report its findings to the house and senate committees on ways and means not later than October first, nineteen hundred and ninety.

SECTION 144. Notwithstanding any special or general law, rule, regulation, or order to the contrary, no facility designed for the treatment or disposal of sludge or residual waste, as defined by section eighteen of chapter sixteen of the General Laws, shall operate, be located, or be sited within a five mile radius of an existing solid waste resource recovery facility, a sole source aquifer, or a refuse incinerator rated by the department at more than one ton of refuse per hour.

SECTION 145. Notwithstanding the provisions of any general or special law to the contrary, no proceeds from bonds authorized by chapter six hundred and fifty-eight of the acts of nineteen hundred and eighty-six and no funds from any federal grants or any general or special appropriation shall be expended for the preparation of plans, studies or master plans, including environmental impact reports or cost estimates for design, construction, renovation, acquisition or purchase of land or for the design, construction, renovation, acquisition or purchase of land for the purpose of establishing a correctional facility in the town of New Braintree, until January fourth, nineteen hundred and ninety-one.

SECTION 146. Electric companies in Massachusetts which own, in whole or in part, or purchase power from nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section two B of chapter six hundred and thirty-nine of the acts of nineteen hundred and fifty, as added by section twenty-four of chapter seven hundred and ninety-six of the acts of nineteen hundred and seventy-nine, include communities located within the commonwealth shall be assessed two hundred and fifty thousand dollars for the evaluation of radiological emergency response plans and the analysis of workplans concerning the preparedness of the commonwealth to respond to accidents at said plants and for the monitoring of safety-related issues at said plants. The department of public utilities shall develop an equitable method of apportioning said assessment among said companies. Said assessments shall be deposited into an account administered by the Massachusetts Civil Defense Agency and may be expended by the agency for equipment, personnel, services and related expenses to evaluate radiological emergency response plans and to monitor safety issues concerning said nuclear power plants. No expenditures may be made from this account without the prior approval of the secretary of public safety, and in no case shall any expenditures be made from this account for the implementation of radiological emergency response plans. For purposes of this section, electric companies shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale of electricity within the commonwealth, provided that the term electric company shall not include municipalities or municipal light plants.

SECTION 147. Notwithstanding the provisions of any special or general law to the contrary, in order to encourage the voluntary disclosure and payment of taxes owed to the commonwealth, the commissioner of revenue is hereby authorized to establish a three-month period during which all penalties, imposed by sections thirty-three and thirty-four of chapter sixty-two C of the General Laws will be waived if any taxpayer voluntarily files delinquent returns and pays taxes owed. Such waiver shall apply to the nonreporting, under-reporting of tax liabilities or to the nonpayment of tax previously assessed, but shall extend only to penalties attributable to the taxes paid during said three-month period. The terms and other conditions of such a program shall be determined by the commissioner.

SECTION 148. The department of revenue and the department of public welfare are hereby authorized and directed to enter into an interagency agreement for the administration of the provisions of section sixteen C of chapter one hundred and eighteen E of the General Laws. Said departments shall promulgate regulations to enforce the provisions of said section sixteen C.

SECTION 149. The general court hereby finds and declares that expenditures for certain programs and agencies have increased at substantial rates, resulting in expenditures in excess of the amount appropriated in previous fiscal years. As a consequence, the general court has determined that strict cost controls must be imposed upon such programs and agencies. To further this goal, the programs funded by the following line-item appropriation accounts are hereby declared to be in administrative receivership: 0321-1500, 1108-5200, 1108-6200, 3722-9024, 4403-2100, and the so-called Turning-22 program in accounts 4000-0100, 4110-2040, 4120-0012, 5911-0006 and 5948-0000. No later than September thirtieth, nineteen hundred and ninety and quarterly thereafter, the administrator in charge of each such account shall submit a plan of expenditures to the state expenditure oversight committee. The administrator shall identify those factors he believes will lead to expenditures in excess of the amount appropriated and shall submit a proposed plan for controlling such expenditures. In those accounts which are funded in whole or in part by retained revenues, the administrator shall also identify factors he believes will lead to the collection of revenues less than stated in the program's retained revenue account appropriation and shall submit a proposed plan for increasing revenue collection or further reducing spending. The committee shall meet with the administrators of any account in administrative receivership who submits a plan which indicates spending in excess of the appropriation for the fiscal year.

The committee is authorized to review agency rules, regulations and informal procedures, agency records and documents to the extent such records and documents do not contain confidential information, and all other papers of the agency or program under administrative receivership. The committee is authorized to interview any employee or provider under contract with the agency or providing services to the program under administrative receivership. It shall be the goal of the committee, together with the administrator of the program, to contain the program's expenditures to the level of appropriation set forth in this act. Within thirty days after each meeting, the committee shall submit a written report to the senate and house committees on ways and means.

SECTION 150. The secretary of the executive office of transportation and construction, in conjunction with the chairman of the Massachusetts turnpike authority and the commissioner of the department of public works, shall develop a plan which shall establish a contribution by the turnpike authority toward the cost of the removal of snow and ice from state highways so as to make such highways reasonably safe for travel. Said plan shall be submitted to the joint committee on transportation and the house and senate committees on ways and means on or before October first, nineteen hundred and ninety.

SECTION 151. The board of trustees of the university of Massachusetts, in conjunction with the state health education center at the university of Massachusetts medical center, shall develop and implement provisions for payback in learning contracts entered into by students admitted for the academic year commencing in nineteen hundred and ninety-one and for every year thereafter, which shall require payback service, so-called, of at least two years within the commonwealth in areas of primary care; public or community service; or underserved areas as determined by the dean of the university of Massachusetts medical school and the learning contract committee in coordination with the area health education center and state and regional health planning agencies. In the case of any student who has entered into a learning contract and who does not perform payback service, the difference between the tuition paid and the amount of the tuition charged shall be required to be repaid together with eight percent interest per annum; provided, that no payback service or tuition loan repayment shall be required prior to the termination of any internship and residency requirements; and provided further, that interest shall begin to accrue upon completion of any internship requirement. Learning contracts shall be outlined in a report to the house and senate committees on ways and means within sixty days of the effective date of this act.

SECTION 152. The board of regents is hereby authorized and directed to study the mechanisms used to determine the level of funding for each community college in a fiscal year. Said study shall first determine the amount of money that each community college currently receives on a per student basis and then determine whether or not there is a method of providing funding to community colleges which takes into account the number of students at each community college and reflects an equitable distribution of funds to each community college based upon the number of students at each college. The board shall submit its report together with any recommended legislation to the house and senate committees on ways and means and the joint committee on education, arts and the humanities no later than January first, nineteen hundred and ninety-one.

SECTION 153. Notwithstanding any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to establish the following fees for a service; provided, however, that said fees for service shall take effect upon the effective date of this section.

`tcol(*)=2;c1=7%,41%,tu;c2=52%,20%,tu Physicians Assistants Board* Initial license*$150 biennial Each additional physician*$50 biennial Application fee*$25 Temporary license*$25 Renewal*$150 biennial `tcol;end

SECTION 154. The Mount Tom state reservation commission, established by chapter three hundred and eighty of the acts of nineteen hundred and seventy-five, is hereby abolished, and the care and maintenance of the Mount Tom state reservation including all of its facilities and equipment is hereby transferred to the department of environmental management.

The full-time permanent employees of said commission as of June first, nineteen hundred and ninety shall, on the effective date of this section, be transferred to positions within the department of environmental management, without impairment of seniority, retirement, vacation or other rights, and shall not be lowered in rank or compensation nor subjected to a qualifying examination or the serving of a probationary period and shall be deemed permanently appointed thereto under the provisions of chapter thirty-one of the General Laws.

The balance, on the effective date of this section, of all monies appropriated for the maintenance and operation of the Mount Tom state reservation in the hands of the treasurer of Hampshire county shall be credited to the counties of Hampshire and Hampden in proportion to the assessment made on said counties by the Mount Tom state reservation commission; provided, however, that said counties shall pay, according to their assessed valuations, all bills or obligations incurred by the Mount Tom state reservation commission for such operation and maintenance prior to said effective date.

A Mount Tom state reservation citizen advisory committee consisting of nineteen residents of the counties of Hampshire and Hampden is hereby established. Said residents shall be appointed by the commissioner of the department of environmental management. The advisory committee shall advise the department of environmental management on the care, maintenance, development and use of the Mount Tom state reservation.

Wherever used in any general or special law, the words "Mount Tom state reservation commission" shall mean the department of environmental management.

If the department of environmental management fails to keep the reservation open on a year-round basis, the county of Hampden shall be allowed to petition the department requesting that said county be allowed to assume control of said reservation.

The effective date of this section shall be October first, nineteen hundred and ninety.

SECTION 155. No insurance company, hospital service corporation, medical service corporation, health maintenance organization, or any other insurer who contracts with or through the group insurance commission shall be required prior to July first, nineteen hundred and ninety-one to include in any policy of health coverage any benefit not required as of the effective date of this section.

SECTION 156. The general court hereby finds and declares that:-

(a) The fiscal difficulties experienced by Massachusetts and many other states stem in large measure from increased costs imposed on the states by the federal government;

(b) In recent years the federal government has frequently mandated that states expand programs and benefits without regard to the ability of the state's taxpayers to afford such mandates; and

(c) Moreover, the federal government has retreated substantially from its traditional partnership with the states in such areas as housing, health care, employment, transportation and education.

Therefore, the Massachusetts General Court hereby calls on the federal government to not impose any new program or benefit mandates which place additional costs on states without providing the funds necessary to implement such mandates. Furthermore, the Congress must reexamine and tighten existing mandates in areas such as Medicaid to insure that states are given the necessary tools to control costs.

The clerks of the senate and the house of representatives shall jointly transmit a copy of this section to the Speaker of the United States House of Representatives and to the Majority Leader of the United States Senate, and to the Massachusetts congressional delegation.

SECTION 157. Notwithstanding the provisions of section one hundred and fifty-six of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine, there is hereby established a permanent commission, entitled the special commission on the implementation of police consolidation, which shall meet on a regular basis to study the implementation of the consolidation of the metropolitan district police, the capitol police, the state police and the registry police. Said special commission shall consist of nine members: three members of the house of representatives appointed by the speaker of the house; three members of the senate appointed by the president of the senate; the secretary of administration and finance, or his designee; the secretary of environmental affairs, or his designee; and the secretary of public safety, or his designee. Said study may include, but not be limited to, recommendations in the areas of police jurisdiction, benefits, pensions, civil service requirements, collective bargaining agreements, rank structure, training, communications, purchasing management information systems, criminal identification, budgeting, specialized units, rules and regulations, and properties and inventories, and should address mechanisms for consolidation which will improve cost-efficiency and public safety.

The special commission may appoint working groups to conduct research in the various areas of potential consolidation, and shall meet on a regular basis with said working groups in order to analyze their findings. The special commission shall report said findings, along with any recommendations, to the senate and house ways and means committees, on a regular basis.

The consolidation of police forces authorized by section one hundred and fifty-six of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine shall not take effect until the special commission established by this section completes its initial report; provided, however, that said consolidation shall not occur later than January first, nineteen hundred and ninety-two.

SECTION 158. The group insurance commission, hereinafter called the commission, is hereby authorized and directed to conduct a study of the commonwealth's health insurance plans under the administration and control of the commission. Said study shall include but not be limited to an examination of the benefits, premiums, co-payments, and deductibles incorporated in the commission's health maintenance organization and indemnity plans. Said study shall consider and compare the structure of health insurance plans offered by private sector employers and other governmental and quasi-governmental bodies. Said study shall evaluate the cost effectiveness of the state's contract with the John Hancock Mutual Life Insurance Company, as well as potential savings that might be generated by utilization of preferred payor organizations and increased managed care. The commission shall perform said study in consultation with an advisory committee appointed by the commissioner and including a representative from the state expenditure oversight commission established pursuant to section two hundred and twelve of this act, organized labor, the executive office of administration and finance, retired employees, and employee benefit specialists. Said study shall be filed within ninety days of the effective date of this act with the senate and house committees on ways and means and the secretary of administration and finance.

SECTION 159. (a) The words used in this section shall have the meanings attributed to them in section one of chapter twenty-nine of the General Laws, provided that the following words shall have the following meanings:-

"Authorizing statute for medicaid and the Massachusetts Bay Transportation Authority", chapters one hundred and eighteen E and one hundred and sixty-one of the General Laws respectively.

"Budget buster expenditures", expenditures from items 4402-5000, 4402-5200, 4402-5002 and 6005-0011 and 6005-0012 as appropriated in any general or supplemental appropriations act.

"Total state spending", all expenditures by the state from budgetary funds, including debt service accounts, and all expenditures from revenue retention accounts; provided that the expenditure from bond funds, federal reimbursements for capital expenditures, trust funds and federal grants shall not be included.

(b) If the budget buster expenditures from items 4402-5000, 4402-5200 and 4400-5002 total an amount greater than 18.24 percent of total state spending, any benefits available to recipients of the medicaid program which are not mandated under federal law shall be terminated forthwith.

(c) The total budget buster expenditures from items 6005-0011 and 6005-0012 shall not exceed an amount greater than 2.75 percent of total state spending; provided, however, that if such percentage is exceeded, any excess amount shall be raised from own source revenues of the Massachusetts bay transportation authority.

(d) Within thirty days of the end of the fiscal year, the comptroller shall certify the percentage of budget buster expenditures to total state spending. The comptroller's certification shall annually be filed with the secretary of administration and finance, and the house and senate committees on ways and means within said thirty days.

SECTION 160. The commissioner of public welfare is hereby directed to compile a list of the top one thousand utilizers and providers of the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws as determined by the dollar amount of the benefits used by recipients and the dollar amount of reimbursements made to providers for each of the fiscal years ending June thirtieth, nineteen hundred and eighty-nine and nineteen hundred and ninety. The commissioner is further directed to conduct a study of this data, including said recipients' relevant medical histories, to the extent reasonably possible, which shall be filed with the house and senate committees on ways and means and the special commission on medicaid benefits reform no later than November first, nineteen hundred and ninety. Such study shall include, but not be limited to, identification of patterns of inappropriate use, possible fraud, and the use of services in a way that is clearly not cost efficient. Said study shall also include a breakdown of the total dollar amount of benefits used by each recipient and the amount of money reimbursed to each provider in each year, listed by the category of medical care or services provided. The commissioner shall make recommendations for methods of reducing overutilization and inappropriate use as discovered by such study.

SECTION 161. Notwithstanding the provisions of any general or special law to the contrary, the department is authorized and directed to determine, after receiving advice from an advisory committee appointed by the secretary of consumer affairs and business regulation and consisting of three representatives of investor-owned electric utilities; one representative of the independent power production industry; one consumer representative and one representative of energy conservation providers, the proportionate share of the operation of the integrated resource management section of the department and the integrated resources management section of the energy facilities siting council that should be collected from fees to be paid by entities which are not assessed under sections two hundred and forty-four and three hundred and twenty-six and which are participating in the integrated resource management process.

A fee of not more than one hundred dollars shall be set for each resource proposal, including but not limited to conservation, load management and electricity supplies, submitted to an electric company as part of a request for proposals solicited pursuant to the integrated resource management process. Additional fees shall be collected from those entities whose proposed contracts with utility companies to provide energy resources and conservation services have been submitted for approval pursuant to the integrated resource management regulations. The appropriate level of said additional fees shall be determined by the department after notice and public hearing and after receiving advice from said advisory committee. All of said fees shall be collected by said department and council and shall be deposited in the respective assessment accounts established to provide operating funds for said sections. Said fees shall be apportioned between said assessment accounts in proportion to the relative size of the total allowable assessments. The department and the council shall provide for a biennial audit of all accounts of the department and of the council by the state auditor and include a copy of said audit in their report to the governor and to the energy advisory board, established under section two hundred and forty-three A of this act.

Any such fees, and any funds unexpended in the respective assessment accounts in any fiscal year for the purpose for which said assessments were made, shall be credited against the assessment to be made the following fiscal year and the assessment in the following year shall be reduced by such unexpended amount; provided that the department and the siting council shall not expend from the respective assessment accounts more than six hundred and twenty thousand dollars, and four hundred and thirty thousand dollars, respectively, in any single fiscal year. Assessments made herein may be credited to the normal operating costs of each company.

For each program, permit or contract application for which a fee is established pursuant to regulations promulgated under these sections relative to the integrated resource management program, the department and the council shall concurrently establish by regulation a schedule for timely action by the department and the council on such program, permit or contract applications.

To the extent that such approvals of programs, permits or contract applications are delayed for any company because of the failure of the department or council to complete its review pursuant to the schedule set forth in said regulations, the integrated resource management assessment against the affected utility company in the following fiscal year shall be reduced by fifteen percent; and said fifteen percent shall increase by five percentage points for each two week period, if such delay continues, up to a maximum of fifteen percentage points beyond said fifteen percent; provided that if such delay is requested by an electric utility, caused by an electric company's failure to fulfill the requirement of the integrated resource management regulations in a timely and responsive manner, occasioned by circumstances beyond the control of the department or council, or the delay in such final approval is the subject of an agreement by the parties to the proceeding, then no such percentage reduction shall be required. This section shall not apply to adjudicatory hearings conducted by the department under section ninety-four of chapter one hundred and sixty-four of the General Laws or by the council under section sixty-nine J of said chapter one hundred and sixty-four.

SECTION 162. Notwithstanding the provisions of section twelve M and seventeen A of chapter twenty-five of the General Laws or any other general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-one, and for any fiscal year thereafter in which the department has failed to determine, as required by section one hundred and sixty-one, the amount that should be collected from fees paid by parties which are not assessed under sections two hundred and forty-four and three hundred and twenty-six of this act, the assessment for the operation of the department's integrated resource management section shall be no more than three hundred twenty-five thousand dollars.

SECTION 163. Notwithstanding the provisions of section sixty-nine H of chapter one hundred and sixty-four of the General Laws or any other general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-one, and for any fiscal year thereafter in which the department has failed to determine, as required by section one hundred and sixty-one, the amount that should be collected from fees paid by parties which are not assessed under sections two hundred and forty-four and three hundred and twenty-six of this act, the assessment for the operation of the council's integrated resource management section shall be no more than two hundred twenty-five thousand dollars.

SECTION 164. Pursuant to 106 C.M.R. 305.600, the department of public welfare shall not provide more than one infant crib and layette benefit to any applicant or recipient of assistance under chapter one hundred and eighteen of the General Laws, unless such applicant's or recipient's household contains more than one eligible infant at the same time, as determined by regulations of the department.

SECTION 165. The department of public welfare shall institute a program which provides that at the time of intake of Medicaid applicants, case managers shall inform applicants regarding benefits available to meet the applicant's medical needs, and encourage to choose primary care physicians, pediatricians, other primary care providers, health maintenance organizations, health centers and independent or hospital-based clinics, as may be appropriate, from a list of primary care providers in said applicant's community. The department shall also prepare and provide to such applicants a list, developed in conjunction with appropriate professional organizations, organized by geographical area, of eligible physicians by specialty, community health centers and clinics. The provisions of this section shall be implemented by the department no later than November first, nineteen hundred and ninety.

SECTION 166. The department of public welfare is hereby directed to submit to the house and senate committee on ways and means by October thirty-first, nineteen hundred and ninety, a study of methods to promote a system of coordinating long term care for the elderly in order to promote the medically appropriate diversion of elders who are medical assistance recipients from institution-based to community-based care. Said study shall include, but not be limited to, the effect of current regulations, discharge policy, and "spend-down" policy, so-called, in addition to the roles of the department of public welfare and the executive office of elder affairs. Said study shall recommend any statutory and regulatory changes necessary to promote home care for institutionalized patients, with a detailed analysis of the costs and savings involved.

SECTION 167. A special committee of the senate to consist of five members thereof, appointed by the president of the senate, shall be established for the purpose of conducting an investigation and study of alternatives to the current programs of aid to families with dependent children and general relief. Said study and investigation may include, but not be limited to, the design of a comprehensive child support assurance system including an insured child support benefit, and a review of the effect of different level of benefits, the effect of incentives and requirements for work, and the effect of availability of health insurance and child care on the size and composition of the population receiving public assistance, the alleviation of poverty among recipients of public assistance, and the cost of programs of public assistance. Said special committee shall report the results of its study and investigation no later than December first, nineteen hundred and ninety.

SECTION 168. Notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of the division of capital planning and operations is hereby authorized and directed to prepare a report containing guidelines for the procurement of a cogeneration system at the University of Massachusetts in Amherst, to be installed and owned by a private developer, which may be a gas or electric company as defined in chapter one hundred and sixty-four of the General Laws. Such report shall be submitted to the house and senate committees on ways and means no later than September first, nineteen hundred and ninety. Such guidelines shall be developed in cooperation with the division of energy resources and the inspector general and shall include provisions enabling gas and electric companies to participate in the procurement process on an equal footing with all other persons and such participation shall be in compliance with the Public Utility Regulatory Policy Act. Notwithstanding the provisions of any general or special law to the contrary, if neither the house nor the senate committees on ways and means objects to said guidelines within sixty days of their submission to the committees, the deputy commissioner of the division of capital planning and operations shall be authorized to utilize said guidelines to solicit proposals and award contracts for the finance, development, design, construction, renovation, operation, and maintenance of a cogeneration system, including necessary buildings, utility systems and other structures, at a site at the University of Massachusetts in Amherst. Such awards shall be made in compliance with the provisions of section forty-four D of chapter one hundred and forty-nine of the General Laws, in accordance with guidelines to be prepared by the deputy commissioner.

Such cogeneration system shall be licensed, permitted and operated in full compliance with all applicable current laws and regulations governing cogeneration systems, including the regulations of the department of environmental protection, the department of public utilities, the Massachusetts environmental protection act, and the energy facilities siting council.

Notwithstanding the provisions of section forty F, forty F>, and forty H of chapter seven of the General Laws or any other general or special law to the contrary, such contracts may include provisions for the lease to persons, for a term not greater than thirty years, of such state property at the University of Massachusetts in Amherst as is necessary for the construction, operation, and maintenance of such cogeneration system; provided, however, if such cogeneration system is designed for or capable of operating at a gross electric capacity of one hundred megawatts or more, its construction shall not be commenced without the approval of the energy facilities siting council, granted after notice and a public hearing.

Notwithstanding the provisions of any general or special law to the contrary, such contracts may include provisions for the purchase by the commonwealth of thermal energy produced by such cogeneration system, for a term not to exceed thirty years.

Pursuant to section forty-four J of chapter one hundred and forty-nine of the General Laws, a notice requesting persons interested in submitting proposals to submit proposals shall be posted no less than three months prior to the time specified in such notice for the receipt of proposals in a conspicuous place in or near the offices of the division of capital planning and operations, the division of energy resources, and the offices of the University of Massachusetts in Amherst, and shall remain posted until the time specified, and shall also be published at least once not less than three months prior to the time so specified in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws, in a newspaper of general circulation in the locality of the proposed project, in a national business publication and no fewer than three national trade journals, and in such other newspapers and trade periodicals as the deputy commissioner shall determine. Said notice shall specify the time and place where the request for proposals may be obtained and the time and place for submission of proposals. Said notice shall also provide sufficient facts concerning the nature and scope of the project and such other information as will assist persons in deciding whether to obtain the request for proposals. All other provisions of section forty-four J of chapter one hundred and forty-nine of the General Laws shall also apply.

The division of capital planning and operations shall notify the house and senate committees on ways and means fourteen days prior to any contract awards, provided, that said notification shall identify the contract or contracts to be awarded, and the economic cost and benefit thereof, the term of such contract or contracts, and the expected energy output to be produced.

SECTION 169. There is hereby established a special commission, to consist of three members of the senate, one of whom shall be a member of the ways and means committee, three members of the house, one of whom shall be a member of the ways and means committee, the commissioner of administration or his designee, the commissioner of education or his designee, the state auditor and the following members who shall be designated by their respective agency, organization or association, a representative of the Massachusetts Industrial Finance Agency, a representative of the banking community, a representative of the Massachusetts Collectors and Treasurers Association, a representative of the Massachusetts Municipal Association, a representative of the Association of School Committees, and a bond counsel. Said members shall serve without compensation, and any necessary clerical support shall be provided by the commissioner of education.

Said commission shall make an investigation and study to examine the overall capital needs of the school building assistance program authorized by chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, and shall determine methods to minimize financing costs through a study of plans or structures for issuing debt, including principal amortization, interest rates, premiums, fees or charges for credit or liquidity enhancement facilities or services, and maturity terms. Said study shall review alternate financing mechanisms for the program in an effort to minimize financing costs through refinancing or advance refunding of outstanding debt. Emphasis on long-term planning to meet shifting demographic conditions, adaptable re-use of school buildings, rehabilitation of existing buildings, and ways to capitalize the program through private investment, where feasible, and a dedicated revenue stream to meet new and ongoing obligations for school building assistance shall be included in said study.

The commission shall report its findings, along with any accompanying legislative recommendations, to the clerks of the house and senate no later than December thirty-first, nineteen hundred and ninety. Said findings shall be used by the senate committee on ways and means in determining its approval of the schedule submitted under line item 7052-0004 of section two of this act.

SECTION 170. Notwithstanding the provisions of any general or special law to the contrary, the pension reserve investment management board and the state treasurer are hereby authorized and directed to examine present investment practices in both the pension reserve investment trust fund and the annuity reserve and savings funds of the state employees' and state teachers' retirement systems respectively to determine whether an increase in equity exposure and other measures consistent with prudent investment practices would effectively maximize return. The pension reserve investment management board and the state treasurer shall submit their findings to the joint committee on public service on or before January third, nineteen hundred and ninety-one.

SECTION 171. The comptroller is hereby authorized and directed to devise a plan for improving the collection of non-tax revenue within the trial court of the commonwealth. Said plan shall include, but not be limited to, an estimate of potential revenue the court should collect, a breakdown of revenue by all sources, and methods by which collection of revenues can improve including a recommendation on the feasibility of contracting with a private agency to assist in revenue collections. Said plan shall be filed with the secretary of administration and finance and the house and senate committees on ways and means no later than October first, nineteen hundred and ninety.

SECTION 172. Subsection (a) of section 12 of chapter 645 of the acts of 1948, as appearing in section 2 of chapter 746 of the acts of 1987, is hereby amended by striking out, in line 15, the word "ninety" and inserting in place thereof the word:- ninety-two.

SECTION 173. Section eight of chapter six hundred and thirty-five of the acts of nineteen hundred and sixty is hereby repealed.

SECTION 174. Chapter six hundred and one of the acts of nineteen hundred and sixty-six is hereby repealed.

SECTION 175. Item 2150-6849 in section 2 of chapter 723 of the acts of 1983 is hereby amended by inserting after the word "Harbor", in line 1, the words:- or Polpis Harbor,- and inserting after the word "Nantucket", in line 1, the words:- ; provided, funds appropriated herein shall remain available for expenditure until June thirtieth, nineteen hundred and ninety-three.

SECTION 176. Paragraph (a) of section 12 of chapter 372 of the acts of 1984 is hereby amended by striking out the fifth sentence, as amended by section 13 of chapter 275 of the acts of 1989, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed the sum of two billion dollars outstanding at any one time provided however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued, shall be excluded in the computation of outstanding bonds.

SECTION 177. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as amended by section 14 of said chapter 275, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed the sum of two billion dollars outstanding at any one time; provided however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued, shall be excluded in the computation of outstanding bonds.

SECTION 178. The last paragraph of section 4 of chapter 614 of the acts of 1985, added by section 129 of chapter 240 of the acts of 1989, is hereby amended by striking out, in line 1, the words "three million seven hundred and fifty thousand" and inserting in the place thereof the words:- five million.

SECTION 179. The second paragraph of section 48A of chapter 584 of the acts of 1987, as amended by section 1 of chapter 183 of the acts of 1989, is hereby further amended by striking out, in line 3, the words "December thirty-first, nineteen hundred and ninety" and inserting in place thereof the words:- April thirtieth, nineteen hundred and ninety-one.

SECTION 180. Section forty-seven of chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-seven is hereby repealed.

SECTION 181. Sections 79 of chapter 23 of the acts of 1988 is hereby amended by striking out, in line 4, the word "ninety" and inserting in place thereof the word:- ninety-two.

SECTION 182. Said section 79 of said chapter 23 is hereby further amended by striking out, in line 6, the word "ninety-two" and inserting in place thereof the word:- ninety-four.

SECTION 183. Section 92 of said chapter 23 is hereby amended by striking out, in line 14, the word "seventy-nine".

SECTION 184. Section thirty-five of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight is hereby repealed.

SECTION 185. Item 7516-7891 of section 2 of chapter 208 of the acts of 1988 is hereby amended by striking out the wording and inserting in place thereof the following wording:-

For the preparation of a long-range master plan and for studies, design and construction to develop a multi-campus community college, including but not limited to specific site developments and specific building studies, including new facilities, as well as the restoration and renovation of existing facilities and temporary leasing of appropriate other facilities to accommodate the master plan and for phase one construction and renovations and repairs, utility distribution systems, including the cost of furnishing and equipment, data processing equipment, and moving expenses and leasing costs not in excess of one complete fiscal year and such portion of a prior fiscal year as developments may indicate and for the purchase of land and land with buildings thereon; provided, however, that the deputy commissioner of the division of capital planning and operations, acting on behalf of the commonwealth and with the approval of the Board of Regents of Higher Education, is hereby authorized to acquire such property by purchase or by eminent domain under the provisions of chapter seventy-nine of the General Laws for the use of Middlesex Community College; provided, however, that no payment shall be made for the purchase of said properties until independent appraisals of the value of the properties has been made by qualified, disinterested appraisers; provided, further, that Middlesex community college is authorized to lease privately owned space in the city of Lowell from funds authorized in this item until newly constructed or renovated facilities authorized by this item are completed and available for occupancy and the cost of such lease shall not exceed eight million five hundred thousand dollars.

SECTION 186. The second paragraph of section 64 of chapter 273 of the acts of 1988 is hereby amended by inserting after the word "ninety", in line 8, the words:- and nineteen hundred and ninety-one.

SECTION 187. Section 7 of chapter 70 of the acts of 1989 is hereby amended by striking out, in line 19, the word "ninety" and inserting in place thereof the word:- ninety-one.

SECTION 188. Section thirty-four of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine is hereby repealed.

SECTION 189. Sections one hundred and fifty-nine and one hundred and sixty of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine are hereby repealed.

SECTION 190. Section 166 of chapter 653 of the acts of 1989 is hereby amended by striking out, in lines 5 and 6 and in lines 15 and 16, in each instance, the words "and nineteen hundred and ninety-one".

SECTION 191. Section two hundred and five of said chapter six hundred and fifty-three is hereby repealed.

SECTION 192. Section two hundred and eleven of said chapter six hundred and fifty-three is hereby repealed.

SECTION 193. Section 17 of chapter 6 of the General Laws is hereby amended by inserting after the word "board", inserted by section 1 of chapter 607 of the acts of 1989, the words:- , the architectural access board.

SECTION 194. Section 56 of chapter 6 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the fifth and sixth paragraphs and inserting in place thereof the following two paragraphs:-

There shall be regional offices located in the cities of New Bedford and Springfield.

The commissioners shall each be delegated regional responsibilities as follows: one commissioner shall be responsible for the Springfield region, one commissioner shall be responsible for the New Bedford region and shall be responsible with the third commissioner for the Boston region. Each commissioner shall hold such hearings as are needed in the respective region, but each commissioner may also hold hearings in other regions. Every case shall, to the extent practicable, be heard in the region in which the complainant resides. The aforementioned duties shall not be construed to reduce any of the responsibilities of a commissioner.

SECTION 195. Said chapter 6 is hereby further amended by striking out section 98, as so appearing, and inserting in place thereof the following section:-

Section 98. It shall be the duty of the board (a) to survey the direct and contingent debt requirements of the commonwealth in all its aspects, the direct debt of state authorities as defined by section one of chapter twenty-nine and the direct debt of the regional transit authorities, at least quarterly; (b) to furnish on December thirty-first and June thirtieth of each year, the governor and council, the state treasurer and the general court, through its committees on ways and means, with its recommendations and analysis on the following aspects of the commonwealth's financial structure:

(1) the affordability and condition of the general obligation debt of the commonwealth, (2) current long-term and short-term debt-financing methods, (3) a five year forecast of projected debt service based on current outstanding debt of the commonwealth, (4) affordability and condition of the outstanding debt of state authorities and regional transit authorities, (5) methods of refinancing maturing obligations, (6) methods of improving credit rating, (7) projection of bond and note issuances for the next two fiscal years of the commonwealth, state authorities and regional transit authorities, (8) the cumulative impact on debt service of all capital authorizations pending before the general court, (9) whether proposed expenditures should be financed from the sale of bonds; and (c) to furnish on December thirty-first and June thirtieth of each year, an analysis of the current fiscal year's issued long-term and short-term debt of the commonwealth, state authorities and regional transit authorities, including (1) volume of long-term and short-term offerings, (2) financing methods used, (3) interest costs, (4) costs incurred in financing including, but not limited to, credit enhancements, (5) liquidity enhancements, and (6) market demand.

SECTION 195A. Said chapter 6 is hereby amended by adding the following section:-

Section 205. There shall be a board to be known as the architectural access board, which shall consist of the director of the office of handicapped affairs or his designee, the secretary of the executive office of elder affairs or his designee, the secretary of the executive office of public safety or his designee, and six members to be appointed by the governor, from lists submitted by the director of the office of handicapped affairs. Three of the appointive members shall be selected after consultation with advocacy groups in behalf of the physically handicapped. The governor and the director shall exercise their best efforts to ensure that at least two of the appointive members shall be registered architects licensed to practice in the commonwealth. The chairman of the board shall be elected annually by the members.

Each appointive member shall be appointed for a term of three years, with the members initially appointed serving staggered terms. Persons appointed to fill vacancies shall serve for the unexpired term. Any member shall be eligible for reappointment.

Each appointive member shall be paid for each day while in the actual performance of official functions at such rate as shall be approved by the commissioner of administration and shall also receive from the commonwealth all expenses necessarily incurred in connection with such official duties. Any board member appointed by said governor absent from three consecutive board meetings, which absence is not for reasons of health, may be removed from membership by said governor upon request of a majority of the members of the board.

The board shall employ an executive director, who shall appoint, with the board's approval, such other personnel as may be required in the performance of the board's duties. The executive director shall be responsible for the administrative operation of the board, including development of an annual appropriation request for the operation of the board, and shall perform such other tasks as the board shall determine. Employees of the board shall not be subject to the provisions of chapter thirty-one.

The board shall make and from time to time alter, amend, and repeal, in accordance with the provisions of chapter thirty A, rules and regulations designed to make public buildings accessible to, functional for, and safe for use by physically handicapped persons. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas for businesses, auditoriums, sporting or recreational facilities, or cultural centers, where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles of handicapped persons or for vehicles used to transport such handicapped persons if the number of parking spaces in any such area is fifteen or more. The parking spaces reserved for vehicles of such handicapped persons shall be clearly marked as such. The rules and regulations of the board shall also establish standards and procedures designed to make adaptable for physically handicapped persons (1) all dwelling units in multiple dwellings equipped with an elevator and (2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; provided, however, that the dwelling is constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one. Said rules and regulations shall include, but not be limited to, detailed architectural standards further defining adaptable dwelling units, and such other provisions necessary to provide rights and remedies substantially equivalent to the rights and remedies provided by the federal Fair Housing Act and regulations thereunder as they pertain to such multiple dwellings.

The provisions of this section and all rules and regulations made hereunder shall be enforced by the inspector of buildings, building commissioner, local inspector and inspector, as defined in chapter one hundred and forty-three, as to buildings under their respective jurisdictions. Said rules and regulations shall be deemed to be a specialized code as referred to in section ninety-six of chapter one hundred and forty-three, the violation of which shall constitute gross negligence for the purposes of clause (d) of section sixty G of chapter one hundred and twelve.

The board shall have the power of local and state inspectors in the enforcement of its rules and regulations, including but not limited to, the right to enter all public buildings as defined by this section. The board shall use all reasonable methods to cause the dissemination of the provisions of this section and all rules and regulations made hereunder to architects, engineers, contractors, state and local building inspectors, local building commissioners, state and local public works officials, the chief executive of each city and town, handicapped persons, and any other person requesting such information. The board shall take such other actions as may be necessary and appropriate to encourage and assist all state and local building inspectors to enforce the provisions of this section, all rules and regulations made hereunder and decisions of the board, including but not limited to, providing training and technical assistance to said inspectors. The board shall also provide technical assistance and training to professional groups, public officials and state agencies. All public newspaper solicitation for bids on projects regulated by this section shall state the requirement of conformity to rules and regulations of the board.

There shall be no construction, reconstruction, alteration or remodeling of a public building except in conformity with said rules and regulations, nor shall the use of any building be changed to a use in which the building is open to and used by the public as defined in this section until such building so conforms, and a copy of the plans and specifications have been approved as provided in this section and in section three W of chapter one hundred and forty-three, showing compliance with said rules and regulations; provided, however, that if the board determines that compliance with said rules and regulations is not feasible technologically, or would result in excessive and unreasonable costs without any substantial benefit to physically handicapped persons in a particular case, it may provide for modification of, or substitution for, such rule or regulation. In all petitions for variance, the burden of proof shall be on the party requesting a variance to justify its allowance.

Unless otherwise specified, five percent of the units in lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall be fully adaptable and safe for physically handicapped persons; provided, however, that said adaptable units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said five percent, the board may require that, in said areas a percentage of units less than five percent or not greater than ten percent be fully adaptable and safe for physically handicapped persons; provided, however, that said adaptable units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis; using data from the central registry of the Massachusetts rehabilitation commission and other sources, to establish with a reasonable degree of certainty the present and future needs for said adaptable units in certain areas of the commonwealth. A percentage of less than five percent shall not be established unless such adaptable units, which are not needed by physically handicapped persons, cannot be readily hired, rented, or leased to other persons.

The board shall receive complaints of noncompliance with this section or any rule or regulation promulgated hereunder from any person or may receive complaints initiated by its own staff. If the board finds, after notice and opportunity for a hearing, that any person is not in compliance with this section or with any rule or regulation promulgated hereunder, it may issue an order to compel such compliance. Such order may specify the date and the manner by which such person shall cure the noncompliance found by the board, and may require that pending the cure of such noncompliance a performance bond be furnished payable to the commonwealth, in such penal sum as the board finds reasonable. The board shall have the authority to issue subpoenas.

In the event that a person fails to cure such noncompliance by the date specified in the board's order, the board shall be empowered, after further hearing, to impose a fine payable to the commonwealth not to exceed one thousand dollars per day for each violation for each day of noncompliance as to which the board finds that such noncompliance was without justification. The board shall also have the power, if it determines that such failure to cure noncompliance is willful and deliberate, to bring a complaint before any appropriate licensing or permit granting authority against the license or permit of such person. The board shall maintain a record of all state and local building inspectors who issued a building permit for a building later found by the board to be in violation of this section or any rule or regulation promulgated thereunder.

The board may, when necessary, seek to enforce its order by filing an action in superior court. In any such proceedings, the board or any member thereof may appear pro se or be represented by the attorney general or by counsel employed or designated by it for such purpose. The board shall not be required to pay any entry fee in connection with the institution of any such proceedings.

Any decision the board makes pursuant to this section shall be subject to review in superior court upon petition of any aggrieved person within thirty days after the decision for which review is sought. The court shall enter an order enforcing, modifying, or setting aside the order of the board, or it may remand the proceeding to the board for such further action as the court may direct.

Prior to the board's resolution of any complaint, request for a variance or other matter involving the accessibility of a building or site, the board shall conduct an on-site inspection unless said inspection is waived by the board. The board shall conduct said inspection either itself or through an agent of the board. Said inspection shall, however, be conducted by an architect at any time deemed necessary by a majority of the board.

The following words, as used in this section, shall have the following meanings:-

"Accessible", the state of a site, building, facility or portion thereof that complies with this section and any rules or regulations promulgated hereunder and that can be approached, entered and used by physically handicapped persons.

"Adaptable", can readily be made accessible to, functional and safe for use by physically handicapped persons without structural change. With respect to dwelling units, an adaptable kitchen or bathroom need not include additional door space to meet otherwise applicable accessibility standards, so long as there is sufficient clear door space so that all elements of the kitchen and bathroom are functional and safe for use by physically handicapped persons and without imposing an undue hardship on the owner or other person having the right of ownership pursuant to subsection seven A of section four of chapter one hundred and fifty-one B.

"Alteration", external or internal rehabilitation or renovation for which a building permit is needed or for which the cost of such rehabilitation or renovation equals or exceeds five percent of the full and fair cash value of the building, or any work determined to be alteration by a state or local building inspector.

"Board", the architectural access board established by this section.

"Construction", work for which a building permit is required, work determined to be construction by a state or local building inspector, or work for which a certificate of occupancy is necessary upon completion.

"Multiple dwelling", a lodging or residential facility for hire, rent, lease or sale, containing three or more dwelling units.

"Physically handicapped person", any person who has a disability that substantially limits one or more major life activities, including, but not limited to, such functions as performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Physically handicapped persons shall include, but not be limited to, persons who have the inability to walk, difficulty with hearing disabilities, lack of coordination, reaching and manipulation disabilities, lack of stamina, difficulty interpreting and reacting to sensory information and extremes in physical size.

"Public building", buildings constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, those constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Turnpike Authority, the Massachusetts Bay Transportation Authority, or building authorities of any public educational institution, or their successors; and privately financed buildings that are open to and used by the public.

Buildings that are open to and used by the public shall include, but not be limited to, the following buildings: transportation terminals, institutional buildings, commercial buildings, buildings having places of assembly with a capacity of more than one hundred and fifty persons, hotels, motels, dormitories, public parking garages or lots with a capacity of fifteen or more automobiles, public sidewalks and ways, public areas of apartment buildings and condominiums containing twelve or more units and of funeral homes, and rest rooms and public areas of shopping centers and restaurants.

"Reconstruction", the tearing down, removal, demolition or replacement of a public building or part of a public building.

"Remodeling", modification beyond an interior decoration or involving any structural change, or the refurbishing, updating or redecorating of a public building for which the cost of such refurbishing, updating or redecorating equals or exceeds five percent of the full and fair cash value of the building.

SECTION 196. Chapter 6A of the General Laws is hereby amended by inserting after section 32A the following section:-

Section 32B. By November first of each year, the commission shall estimate any percentage change in rates or fiscal impact of any changes in regulations for every provider and program under its jurisdiction for the fiscal year beginning July first in the year following such November first. The commission shall file a report of such percentage changes in provider rates and the impact of changes in regulation as compared to current rates or regulations for such providers with the executive office of administration and finance, the executive office of human services, and the house and senate committees on ways and means.

SECTION 197. The first paragraph of section 9A of chapter 6A of the General Laws, as so appearing, is hereby amended by inserting after the word "company", in line 14, the words:- ; provided, however, that in addition to said assessment amounts, the assessment shall include amounts, to be credited to the general fund, for fringe benefit costs, including group life and health insurance, retirement benefits, paid vacations and holidays, and sick leave, not to exceed fifteen percent of the amount attributable to personnel costs of the attorney general's office subject to assessment under the provisions of this section and under section eleven E of chapter twelve in the fiscal year in which the assessment is made.

SECTION 199. Section 31 of said chapter 6A, as so appearing, is hereby amended by striking out the definition of "Eligible person" and inserting in place thereof the following definition:-

"Eligible person", a person who qualifies for financial assistance from a government unit in meeting all or part of the cost of general health supplies, care or rehabilitative services and accommodations.

SECTION 200. Said section 31 of said chapter 6A, as so appearing, is hereby further amended by striking out the definition of "General health supplies, care, social, rehabilitative or educational services and accommodations" and inserting in place thereof the following definition:-

"General health supplies, care or rehabilitative services and accommodations", all supplies, care and services of medical, optometric, dental, surgical, podiatric, psychiatric, therapeutic, diagnostic, rehabilitative, supportive or geriatric nature, including inpatient and outpatient hospital care and services, and accommodations in hospitals, sanatoria, infirmaries, convalescent and nursing homes, rest homes, facilities established, licensed, or approved pursuant to the provisions of chapter one hundred and eleven B and providing services of a medical or health-related nature, and similar institutions including those providing treatment, training, instruction and care of children and adults; provided, however, that rehabilitative services shall include only rehabilitative services of a medical or health-related nature which are eligible for reimbursement under the provisions of Title XIX of the Social Security Act.

SECTION 201. The definition of "Hospital" in said section 31 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 86, the word "twenty-nine" and inserting in place thereof the following word:- nineteen.

SECTION 202. Said section 31 of said chapter 6A, as so appearing, is hereby further amended by striking out the definition of "Provider of health care services" and inserting in place thereof the following definition:-

"Provider of health care services", any person, corporation, partnership, governmental unit, state institution or other entity which furnishes general health supplies, care or rehabilitative services and accommodations to an eligible person.

SECTION 203. Said section 31 of said chapter 6A, as so appearing, is hereby further amended by striking out the definition of "State institution" and inserting in place thereof the following definition:-

"State institution", any hospital, sanatorium, infirmary, clinic and other such facility owned, operated or administered by the commonwealth, which furnishes general health supplies, care or rehabilitative services and accommodations.

SECTION 204. The first paragraph of section 32 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "social, rehabilitative or educational" and inserting in place thereof the words:- or rehabilitative.

SECTION 205. The third paragraph of said section 32 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 48 and 53, the words "social, rehabilitative or educational" and inserting in place thereof, in each instance, the words:- or rehabilitative.

SECTION 206. Said third paragraph of said section 32 of said chapter 6A, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following three sentences:- Said rates for nursing homes and rest homes, as defined under section seventy-one of chapter one hundred and eleven, shall be established as of October first of each year for facilities whose rate is set on a retrospective basis, and as of January first of each year for facilities whose rate is set on a prospective basis. In setting such prospective or retrospective rates of reimbursement, the commission shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than three years prior to the current rate year, adjusted for reasonableness and to incorporate any audit findings applicable to said base year costs; provided, however, that no base year cost shall be incorporated unless a comprehensive desk audit has been completed for the costs incurred in that base year. Notwithstanding any other law or regulation to the contrary, except as provided in chapter one hundred and eighteen E, each governmental unit shall pay to a provider of services and each state institution shall charge as a provider of health care services as the case may be, the rates for general health supplies, care and rehabilitative services and accommodations determined and certified by the commission.

SECTION 207. Said section 32 of said chapter 6A, as most recently amended by section 10 of chapter 653 of the acts of 1989, is hereby further amended by inserting after the third paragraph the following paragraph:-

In establishing rates of payment to providers of services, the commission shall control rate increases and shall impose such methods and standards as are necessary to ensure reimbursement for those costs which must be incurred by efficiently and economically operated facilities and providers. Such methods and standards may include, but are not limited to the following: peer group cost analyses, ceilings on capital and operating costs, productivity standards, caps or other limitations on the utilization of temporary nursing or other personnel services, use of national or regional indices to measure increases or decreases in reasonable costs, limits on administrative costs associated with the use of management companies, the availability of discounts for large volume purchasers, the revision of existing historical cost bases, where applicable, to reflect norms or models of efficient service delivery, and other means to encourage the cost-efficient delivery of services. Rates produced using these methods and standards shall be in conformance with Title XIX of the federal Social Security Act, including the upper limit on provider payments.

SECTION 208. The eighteenth paragraph of said section 32 of said chapter 6A, as appearing in the 1988 Official Edition, is hereby amended by striking out, in lines 271 and 272, the words "social, rehabilitative and educational" and inserting in place thereof the words:- and rehabilitative.

SECTION 209. Paragraph (b) of section 32B of said chapter 6A, as so appearing, is hereby amended by inserting after the word "hospitals", in line 30, the words:- and the commission shall set rates for administrative necessary day patients in accordance with the provisions of paragraph (f).

SECTION 210. Said section 32B of said chapter 6A, as so appearing, is hereby further amended by adding the following paragraph:-

(f) The rate setting commission shall establish administrative necessary day payment rates for medical assistance recipients in acute care hospitals. Such rates of payment shall be consistent, as determined by the health care financing administration, with relevant provisions of Title XIX. Said administrative necessary day payment shall be the department of public welfare's full payment obligation for administrative necessary day patients.

SECTION 211. The fourth paragraph of section 33 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 47, the words "social, rehabilitative and educational" and inserting in place thereof the words:- and rehabilitative.

SECTION 212. Section 35 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 3, lines 19 and 20, and in lines 32 and 33, the words "social, rehabilitative and educational" and inserting in place thereof, in each instance, the words:- and rehabilitative.

SECTION 213. Section 77 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 14, the words "social, rehabilitative or educational" and inserting in place thereof the words:- or rehabilitative.

SECTION 214. The first paragraph of section 4G of chapter 7 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "commission", in line 8, the words:- ; the architectural access board.

SECTION 215. Section 38C of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) Subject to the provisions of paragraph (f), a contract for design services shall be exempt from jurisdiction of the board if: (i) the design fee under the contract is less than ten thousand dollars; or (ii) the estimated construction cost of the project for which the design services are required is less than one hundred thousand dollars; or (iii) the contract is for the fabrication or installation of modular buildings procured in accordance with the provisions of section forty-four E of chapter one hundred and forty-nine.

SECTION 216. Section 38H of said chapter 7, as so appearing, is hereby amended by striking out paragraph (d) and inserting in place thereof the following paragraph:-

(d) A designer or programmer appointed to do a feasibility study, master plan, or program for a project shall be ineligible for appointment to perform the design services for that project, unless the study, master plan, or program is limited to the repair, renovation, or the identification and correction of deficiencies in an already existing building or its equipment, and the fee for the combined study and design of repairs is less than one hundred thousand dollars.

SECTION 217. Section 39B of said chapter 7, as amended by section 4 of chapter 341 of the acts of 1989, is hereby further amended by striking out the second, third, fourth, and fifth paragraphs and inserting in place thereof the following paragraph:-

The deputy commissioner shall promulgate rules and regulations pursuant to the provisions of chapter thirty A.

SECTION 218. Said chapter 7 is hereby further amended by striking out section 40B, as so appearing, and inserting in place thereof the following section:-

Section 40B. The deputy commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds one hundred thousand dollars and involves structural or mechanical work. The deputy commissioner may, upon request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects involving structural or mechanical work whose estimated cost is less than two hundred thousand dollars if the deputy commissioner determines that the agency or authority has the ability to control and supervise such project. Except as otherwise provided in this section, any state agency or building authority shall control and supervise its own building projects when the estimated cost of such project is less than one hundred thousand dollars, or if the project does not involve structural or mechanical work.

SECTION 219. The first paragraph of section 40H of said chapter 7, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- In advertising for the rental of real property for use as an area welfare office, the geographical area specified in the advertisement shall include all municipalities serviced by the welfare office.

SECTION 220. Said chapter 7 is hereby further amended by adding the following section:-

Section 51. There shall be within the executive office for administration and finance an office of dispute resolution under the supervision and control of a director who shall be appointed by the commissioner of administration with the approval of the governor. Said director shall be a person with substantial training and professional experience in dispute resolution, shall maintain complete impartiality with respect to the matters coming before said office of dispute resolution, and shall devote full time to the duties of his office.

Said office of dispute resolution shall be available to assist agencies and officers of the executive, legislative, and judicial branches of the commonwealth, as well as any political subdivision or public instrumentality created by the commonwealth or any county, city or town, hereafter referred to as public agencies, to improve the resolution of disputes that arise within their respective jurisdictions. Said office is authorized to (a) facilitate the resolution of disputes through provision of impartial mediation and other dispute resolution services; (b) establish standards for the selection, assignment, and conduct of persons acting on behalf of said office in the resolution of disputes; (c) conduct educational programs and provide other services designed to reduce the occurrence, magnitude, or cost of disputes; (d) design, develop, or operate dispute resolution programs or to assist public agencies to improve or extend their existing dispute resolution programs; and (e) take such other action as will promote and facilitate dispute resolution by public agencies in the commonwealth.

In order to assist the director in carrying out the functions of the office, an advisory council comprised of eleven members shall be established and shall meet no less often than once every three months. The governor shall appoint ten such members, of whom one shall be the governor's chief legal counsel, two shall be other persons with executive branch experience, one shall be a person with experience in municipal government, four shall be persons with previous legislative experience, and two shall be persons with previous judicial, arbitration, or mediation experience. The attorney general shall appoint one member of the advisory council. The members of the advisory council shall not be compensated for their services except for incidental expenses necessarily incurred in the performance of their duties.

The director may promulgate, pursuant to the provisions of chapter thirty A, such regulations as may be necessary to carry out the functions of the office as authorized by this section.

The director may establish reasonable fees to be charged to disputants or public agencies for the provision of the educational, consultation, dispute resolution, or other services authorized herein and may apply for and accept on behalf of the commonwealth any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or activities of the office. Such fees, grants, bequests, gifts, or contributions shall be received by the state treasurer and deposited in a separate account and shall be expended, subject to appropriation, at the direction of the director, with the approval of the commissioner of administration, for the cost of operation of the office, including personnel.

The office may make agreements with public agencies and officers and may contract with other persons, including private agencies, corporations, or associations, to carry out any of the functions and purposes of this section.

The office shall prepare annually a report on the status of public sector dispute resolution in the commonwealth and shall file said report with the clerks of the house of representatives and the senate.

SECTION 220A. The General Laws are hereby amended by inserting after chapter 7A the following chapter:- `tuc CHAPTER 7B. `tuc ASSET MANAGEMENT BOARD.

Section 1. As used in this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

(a) "Asset", all property that is in the lawful possession of or otherwise held by a state agency, and shall include without limitation both real and personal property and property interests regardless of whether they are held in tangible or intangible form. Without limiting the generality of the foregoing, the word "asset" shall include land, buildings, structures, leases, easements, licenses, electronic and communication equipment, and time sharing capacities, air, water, and mineral rights, utilities, vehicles, and professional and technical services and expertise.

(b) "Asset management board" or "board", the asset management board established pursuant to section two.

(c) "Asset management project" or "project", any project for the management of assets that is proposed for the consideration of the board by a state agency and approved by the asset management board pursuant to the provisions of this chapter; provided, however, that this term shall not include any project involving the sale or permanent disposition of any asset.

(d) "State agency" or "agency", any executive office, department, agency, board, or commission of the commonwealth.

Section 2. (a) There is hereby established an asset management board. The board shall be within but not subject to the control of the executive office of administration and finance. The board shall consist of the secretary of administration and finance or his designee, ex officio, who shall serve as chair; the inspector general or his designee, ex officio; and three additional public members appointed by the governor. Of the public members initially so appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years. Public members shall be appointed for terms of three years, without reappointment. At least one public member shall possess substantial expertise in the field of real estate management and development, and at least one public member shall possess substantial experience in the field of finance.

(b) Public members of the board shall serve without compensation. Public members of the board shall be reimbursed for all necessary expenses incurred in the discharge of their official duties. The board's activities shall be supported by staff of the secretary of administration and finance.

(c) No member of the asset management board shall participate in the approval of a project if the member or any member of his immediate family has a direct or indirect present or future financial interest in the approval of the project or in any way will benefit financially therefrom.

Section 4. The asset management board shall have the following powers and duties:

(a) The board shall promulgate rules and regulations to implement the provisions of this chapter. Said regulations shall include but not be limited to:

(i) establishing standards and procedures to govern state agency presentation to and board review and approval of asset management projects. Such standards shall include, but not be limited to, the promotion of sound management of all assets held by state agencies; the protection against projects with conflicts of interest; the prevention of unfair or windfall profits accruing to any individual or group of individuals; the assurance that approved projects do not interfere with nor deny an agency's access to assets that are needed to meet current or reasonably foreseeable legal obligations of the agency presenting the project; and, assurance that each project is technically and financially viable;

(ii) establishing alternative property procurement and disposition standards and procedures consistent with the authority and requirements set forth in subsection (b); provided, however, that such standards and procedures shall include, but not be limited to, adequate public notice, public review and comment for each proposed asset management project;

(iii) establishing standards and procedures for the monitoring and termination of approved projects consistent with the authority and requirements set forth in subsection (c); and

(iv) ensuring that the agency proposing the project has the capacity to execute the project.

(b) Notwithstanding any general or special law to the contrary, the board shall be authorized to determine that property procurement and disposition laws and regulations otherwise applicable to projects managed or proposed by state agencies shall not apply to a proposed project. The board shall make such determination only after making a written finding that such project is financially feasible, will not interfere with the mission and functions of the managing or proposing agency, and is in the best interests of the commonwealth. Such written finding of the board shall be available to the public. The board shall establish for each such project alternative property procurement or disposition requirements consistent with standards set forth in its regulations; provided that the board shall not have the authority to limit or modify in any way the application of any property procurement or disposition law or regulation that by its terms applies equally to both public and private agencies or entities.

(c) The board shall monitor approved projects in accordance with standards and procedures set forth in its regulations. Said standards and procedures shall include, but not be limited to, provisions for periodic site visits, submission of an annual independent audit, if applicable, for each project, and review of the public purposes served by the project. The board shall terminate any previously approved project in the event that it determines, in accordance with its standards and procedures, that such project no longer serves a public purpose or is no longer in the public interest.

(d) The board shall have the authority to authorize the establishment of asset management trusts in accordance with the provisions of section eight.

Section 5. Prior to the submission of any project to the asset management board, the state agency making such submission shall first develop an inventory of its assets and identify those assets that are underutilized or might otherwise qualify for management as part of an asset management project pursuant to the provisions of this chapter. If such proposed project is limited to one or more institutions or facilities, such inventory likewise may be limited to the assets contained at such institution or facility. Notice of the submission of a proposed project which involves interests in real property shall be sent to the division of capital planning and operations together with a copy of the inventory. Each such agency proposal shall be submitted to the asset management board only after approval of the executive office within which such agency is located, or, in the case of institutions of higher education, the board of regents.

Section 6. Each proposed project may be developed and managed with the assistance of individuals with expertise in the management of assets similar to the assets included in the proposed project; provided, that the board shall examine the proposed relationship between such individual and the state agency to ensure compliance with the standards of paragraph (i) of subsection (a) of section four. The cost of such assistance may be paid from funds available to the agency for such purpose or from funds held in trust pursuant to the provisions of section eight.

Section 7. Notwithstanding the provisions of section forty E of chapter seven to the contrary, real property, title to which was held in the name of a state agency, or the board of trustees of a facility of a state agency prior to the enactment of said section shall, for the sole purposes of this chapter be considered real property in the lawful possession of the state agency from which such land was transferred to the commonwealth pursuant to the provisions of said section.

Section 8. Notwithstanding the provisions of section four F of chapter seven or any other provision of the General Laws to the contrary, at the request of a state agency, the state treasurer is hereby authorized and directed to establish one or more asset management project trust funds for each state agency with approved asset management projects. Such trust or trusts shall be established to receive fifty percent of the proceeds accruing to an agency as a result of revenues produced by one or more approved asset management projects. The remainder of the proceeds shall be deposited in the General Fund. The administrator in charge of each such state agency shall serve as sole trustee of said trust or trusts, and shall administer the trust so as to advance the purposes served by the agency. No expenditures from said trusts shall be made without the authorization from the secretary of the executive office of administration and finance. All expenditures from said trust funds shall conform to standard state accounting procedures and to such further requirements as prescribed by the comptroller. Each such agency shall report annually to the house and senate committees on ways and means the amount of funds received in and expenditures made from any trust established pursuant to the provisions of this chapter.

Section 9. The provisions of this chapter are not intended and shall not be construed to limit, override or otherwise modify the procedures, powers and duties of the division of capital planning and operations unless specifically so authorized by the asset management board pursuant to the standards and procedures established by this chapter.

SECTION 221. Section 16 of chapter 10 of the General Laws is hereby amended by striking out, in lines 4 to 10, inclusive, the words "or from the director of marine fisheries under section seventeen of chapter one hundred and thirty, or from the commissioner of environmental management under section ninety of chapter one hundred and thirty-one, under section two of chapter one hundred and thirty-two or under section one of chapter one hundred and thirty-two A, or from the director of fisheries and wildlife under section seven of chapter one hundred and thirty-one".

SECTION 222. Section 24 of chapter 10 of the General Laws is hereby amended by inserting after the first sentence the following sentence:- The commission is authorized to operate the daily numbers game seven days a week.

SECTION 223. Section 27 of chapter 10 of the General Laws is hereby amended by adding the following paragraph:-

Every licensee shall keep conspicuously posted on his premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.

SECTION 224. Section 33 of chapter 10 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following sentence:- The director shall cause all lottery funds, from whatever source derived, to be deposited in an interest bearing account until disbursed.

SECTION 225. Section 35D of said chapter 10, as so appearing, is hereby amended by striking out, in lines 2 and 3, lines 10 and 11, and in line 20, the words "Nongame Wildlife" and inserting in place thereof, in each instance, the words:- Natural Heritage and Endangered Species.

SECTION 226. Said section 35D of said chapter 10, as so appearing, is hereby further amended by adding the following paragraph:-

The state treasurer shall receive and deposit all revenues transmitted to him under the provisions of this section in such manner that will ensure the highest rate of interest available consistent with the safety of the fund, and in an account from which amounts may be withdrawn at any time without penalty for such withdrawal, all interest accrued shall be deposited into the fund.

SECTION 226A. Said chapter 10 is hereby further amended by inserting after section 38 the following section:-

Section 38A. Every licensee shall keep conspicuously posted on his premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.

SECTION 227. Section 9 of chapter 13 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding any other special or general law to the contrary, all of the board members of the division of registration shall serve without compensation; provided, however, that they shall be reimbursed for reasonable expenses incurred, in the performance of their official duties.

SECTION 228. Section 5 of chapter 15A of the General Laws, as amended by section 18 of chapter 653 of the acts of 1989, is hereby further amended by striking out clause (g) and inserting in place thereof the following clause:-

(g) develop a rational and equitable statewide tuition plan for all institutions of public higher education in the commonwealth, which plan shall take into account by type of institution the per student maintenance cost and total mandated student costs per student. The total mandated costs per student shall include the state appropriation, retained revenue, fringe benefits, and ongoing maintenance. Said tuition plan shall include direct and indirect elements of the per student maintenance costs, including but not limited to, faculty and administrators that support an institutions' primary mission of instruction; student admission services; and ongoing maintenance for classrooms, administrative buildings, libraries and laboratories. Said tuition plan shall include revised retention expenditure regulations which take into account the needs of said institutions with regards to personnel and utility costs. Said plan shall further take into account the need to maximize student access to higher education regardless of a student's financial circumstances. The board shall establish fee guidelines which shall take into account the cost of educational activities. Fees established pursuant to said guidelines shall not exceed twenty-five percent of total student charges. The board shall establish final tuition rates for the subsequent academic year no later than fifteen days prior to the deadline for submission of state or federal financial aid applications by students attending the institutions of higher education set forth in section three of this chapter.

SECTION 229. The second paragraph of section 6 of said chapter 15A, as so appearing, is hereby amended by striking out the last sentence.

SECTION 230. Said chapter 15A is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7. There shall be a General Scholarship Program administered by the board of regents for the purpose of providing financial assistance to students domiciled in the commonwealth and enrolled in and pursuing a program of higher education in any approved public or independent college, university or school of nursing, or any other approved institution furnishing a program of higher education. Such aid and assistance shall consist of awarding of full or partial scholarships to worthy and qualified students in need of financial assistance.

The amount of awards to qualified students shall be determined by using an indexing system which shall be included in the guidelines established by the board to govern this program. The board of regents shall file a report of current year General Scholarship Program expenditures, appropriations needed to fund full need for all students, and projections of General Scholarship expenditures for the following year by family contribution ranges and independent student contribution ranges. Said report shall be filed with the clerk of the house and the senate no later than the end of each calendar year.

There shall be a Christian A. Herter Memorial Scholarship Program which authorizes the board of regents to guarantee the payment of full or partial scholarships to no more than twenty-five students annually of extraordinary need and ability selected in tenth or eleventh grades by persons or agencies designated by said board under such regulations as the board shall deem necessary. These awards shall be guaranteed to the student at the time of the student's selection; provided however, that said student successfully completes high school and is enrolled in and pursuing a program of higher education in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education, and shall be payable from the general scholarship funds at the time of the student's matriculation.

There shall be a program, administered by the board of regents, providing for the matching of scholarship grants to participating Massachusetts independent regionally accredited colleges, universities and schools of nursing; provided, that the board of regents shall establish policies and regulations relating to the program, including an audit procedure to insure that institutions are in compliance with such policies and regulations; provided, further, that a participating institution shall be eligible to receive an amount equal to such institution's expenditure for scholarship aid to needy Massachusetts undergraduate students enrolled in such institutions as full-time matriculating students in a course of study leading to an associate or bachelor degree; provided further, that each participating institution shall agree to expend an amount equal to one hundred percent of the grant awarded hereunder in direct financial assistance to the needy Massachusetts students; provided further, that each participating institution shall agree to comply with the information requests of the board of regents in accordance with this chapter; and provided, further, that students receiving such aid shall be ineligible for additional scholarship assistance provided by the commonwealth.

There shall be Christa McAuliffe Teacher Incentive Program for the purpose of providing financial assistance for undergraduate and graduate students in approved institutions of higher education within the commonwealth who agree to teach on a full time basis within a public education system located in the commonwealth. The board of regents shall institute and maintain learning contacts for all students admitted in the teacher incentive program, which shall include provisions for "payback" service for a period commencing after such students have fulfilled all graduation requirements, or for repayment to the commonwealth of the full amount of such grants on terms established by said board. Said board shall establish guidelines governing said program which shall include but not be limited to eligibility requirements, selection criteria, and period of time which must be spent teaching in the commonwealth.

There shall be a Part-Time Student Grant Program to provide assistance to part-time undergraduate students attending approved institutions of higher education within the commonwealth who have demonstrated financial need. The board of regents shall establish guidelines governing said program.

The board of regents may award full or partial scholarships to worthy and qualified students who have been residents to the commonwealth for a period of four years immediately prior to receiving such award and who are in need of financial assistance in order to pursue graduate studies. The board of regents shall award scholarships and notify all applicants on or before July first in each year. No scholarship may be awarded for more than five years to any one student. The board of regents may expend such sums as may be appropriated to carry out the provisions of this paragraph. The board of regents shall establish guidelines governing said program which shall include but not be limited to eligibility requirements and selection criteria.

There shall be a Regents Grant for Campus-Based Assistance Program for adult learners and work study opportunities. Participating approved institutions of higher education within Massachusetts shall receive an allocation from the board of regents to provide grant or work study assistance to eligible students with demonstrated financial need. The board of regents shall establish guidelines to govern this program which shall insure that those students receiving assistance include part-time students, graduate students and adult learners.

There shall be a Public Service Scholarship Program to provide scholarships to children and widowed spouses of Massachusetts police officers, firefighters and correction officers; who are killed or die from injuries received while in the performance of duties including authorized training duty; to children of prisoners of war or military or service persons missing in action in Southeast Asia whose wartime service is credited to the commonwealth and whose service was between February first, nineteen hundred and fifty-five, and the termination of the Vietnam campaign; and to children of veterans whose service was credited to the commonwealth and who were killed in action or otherwise died as a result of such service. Such scholarships shall be awarded by the board of regents pursuant to its guidelines established to govern this Program and shall go to those persons referenced above who are admitted to an institution of higher education in the commonwealth to pursue undergraduate studies.

There shall be a Dedicated Grant Program for undergraduate students enrolled at an approved institution of higher education within the commonwealth. The board of regents shall establish guidelines to govern said program.

There shall be a Consortium Scholarship Program for undergraduate students to pursue programs that are not currently offered by public institutions of higher education within the commonwealth. The board of regents shall establish guidelines to govern said program.

Any student receiving financial assistance under any program listed above shall maintain satisfactory academic progress in order to continue to receive such assistance. Each institution which recipients attend shall maintain documentation of each recipient's academic standing and provide requested documentation to the board of regents in accordance with guidelines promulgated by the board.

All programs of financial assistance above shall be contingent upon legislative appropriation.

Any institution of higher education participating in any of the programs set forth above shall annually execute a participating agreement for each such program and place such contracts on file with the board of regents scholarship office.

When applicable federal law requires, each applicant for assistance under any program established herein shall provide appropriate documentation to verify his compliance with the Military Selective Service Act in effect at the time of such application.

With the exception of the public service scholarship program grants, all financial assistance provided for in this section shall be based on ability to pay, as provided for in guidelines promulgated by the board of regents.

Upon adoption by the board of regents of guidelines promulgated pursuant to the provisions of this section, said board shall file a copy thereof with the secretary of administration and finance, and with the clerk of the house of representatives, who shall refer such guidelines to the joint committee on education, arts and humanities, and the house and senate ways and means committees.

SECTION 231. Said chapter 15A is hereby further amended by inserting after section 7B the following section:-

Section 7C. There shall be a single tuition waiver program administered by the board of regents in accordance with guidelines established by the board to govern the program, provided that no tuition waiver be funded by the transfer of funds appropriated pursuant to section seven.

Such guidelines (i) shall establish institutional waiver allocation formulas and eligibility requirements, including needs criteria, for designated waiver programs, (ii) shall provide tuition waivers for specific categories of students designated by the board which shall include veterans, armed forces personnel, senior citizens, graduate students and native americans, (iii) may provide waivers for additional categories of students not included in clause (ii), and (iv) may provide waivers of tuition or fees for undergraduate programs, summer sessions, evening classes, or any specific courses or set of courses.

Tuition waivers for graduate students shall be administered by each institution of public higher education. Said institutions shall annually and on a date specified by the board submit a written report to the board detailing graduate student waiver policies and distributions of said waivers.

Upon the adoption of guidelines in accordance with the provisions of this section the board shall file copies of thereof with the clerks of the house and of the senate, who shall refer such guidelines to the house and senate committees on ways and means and the joint committee on education, arts and humanities.

The board shall annually on or before March fifteenth report to the house and senate committees on ways and means and to the joint committee on educations, arts and humanities regarding any modifications to the guidelines setting forth tuition waiver programs. Said report shall include information relative to tuition waivers for graduate students as administered by the several institutions of public higher education.

SECTION 232. Section 16 of said chapter 15A, as so appearing, is hereby amended by striking out the third, fourth, fifth, sixth and seventh sentences.

SECTION 233. Section 16 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

When a timely request for a hearing is made because of a termination or reduction of assistance, involving an issue of fact, or of judgment relating to an individual case, between the agency and the appellant, assistance shall be continued during the period of the appeal. If the decision is adverse to the appellant, assistance shall be continued at the prior level for ten days following the final decision in the appeal. If assistance has been terminated prior to a timely request for a hearing, assistance shall be reinstated.

SECTION 234. The ninth paragraph of section 6F of chapter 21 of the General Laws, as appearing in section 22 of chapter 653 of the acts of 1989, is hereby amended by striking out, in line 9, the word "shall" and inserting in place thereof the words:- , in addition to those imposed pursuant to section sixteen of chapter two hundred and seventy, shall.

SECTION 235. The first paragraph of section 6G of said chapter 21, as appearing in section 23 of said chapter 653, is hereby amended by inserting after the word "twenty-one", in line 4, the words:- , the regulations promulgated pursuant to the provisions of chapter ninety B.

SECTION 236. The fourth paragraph of said section 6G of said chapter 21, as so appearing, is hereby amended by striking out, in line 4, the word "eighty,".

SECTION 237. Chapter 21 of the General Laws is hereby amended by inserting after section 6G the following section:-

Section 6H. There is hereby established a fund to be known as the Environmental Law Enforcement Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A, such sums as are received by the commonwealth pursuant to sections six F and six G and sections three, twenty-two and thirty-six of chapter ninety B, such sums are credited from other funds for the operation of the division including the hazardous waste bureau, and all such sums as are received by the commonwealth from the Federal Government on account of the activities of the division of law enforcement. Said fund may be expended, subject to appropriation, only for the purpose of providing law enforcement coverage throughout the commonwealth and in maintaining, managing and operating the division of law enforcement in carrying out its functions including such appropriations as are necessary to assure the proper administration of said division.

SECTION 238. Said chapter 21 is hereby further amended by inserting after section 17D the following section:-

Section 17E. There is hereby established a fund to be known as the Public Access Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A and such sums as are received by the commonwealth from the federal government on account of the activities of the public access board. Said fund may be expended, subject to appropriation, only for the purposes authorized in section seventeen A.

SECTION 239. Paragraph (6) of section 43 of said chapter 21, as so appearing, is hereby amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) Upon submission of an application short form to the director, an applicant shall pay a fee determined pursuant to section eighteen of chapter twenty-one A.

SECTION 240. Clause (b) of said paragraph (6) of said section 43 of said chapter 21, as so appearing, is hereby amended by striking out, in lines 54 to 56, inclusive, the words "annually by the commissioner of administration under the provisions of section three B of chapter seven" and inserting in place thereof the words:- pursuant to section eighteen of chapter twenty-one A.

SECTION 241. Clause (c) of said paragraph (6) of said section 43 of said chapter 21, as so appearing, is hereby amended by striking out the first sentence.

SECTION 242. The fifth paragraph of section 4 of chapter 21C of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in lines 42 and 43, the words "of not less than one nor more than five hundred dollars" and inserting in place thereof the words:- pursuant to section eighteen of chapter twenty-one A.

SECTION 243. Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 18. As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-

"Advisory committee", the advisory committee on fees and program improvements appointed by the commissioner pursuant to this section.

"Commissioner", the commissioner of the department of environmental protection.

"Department", the department of environmental protection.

"Permit", any permit, license, certificate, formal determination, registration, plan approval, variance, or other approval issued by or required by the department or any of its divisions, pursuant to any statute or regulation. "Permit" shall not include approvals issued by the department solely pursuant to regulations governing the assessment, containment, or removal of oil or hazardous materials under the authority of chapter twenty-one E.

"Permit application", any application, filing, or other submission of materials to the department to initiate a permit.

"Person", any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, including the commonwealth and the federal government and any agency or authority thereof, but not including any city, town, county, or district of the commonwealth or any municipal housing authority.

Notwithstanding any general or special law to the contrary, the department may establish fees applicable to the regulatory programs administered by the department, in the manner set forth in this section. All such fees shall be established by regulations promulgated by the department pursuant to chapter thirty A, after making findings in the administrative record as required in this section, and after consultation with an advisory committee on fees and program improvements appointed by the commissioner. The advisory committee shall at a minimum consist of representatives of industrial, commercial, and small business organizations, municipalities, and environmental organizations. The advisory committee shall meet at least four times each fiscal year. The members of the advisory committee shall serve without compensation.

(a) Annual compliance assurance fee. For permits valid for one year or more, the department may establish an annual compliance assurance fee, based on the department's costs for monitoring, discharge sampling and analysis, inspection, technical assistance, and enforcement activities necessary to ensure compliance by persons holding such permits. Such fees may be based on a scale that accounts for the extent of such enforcement and compliance activity that is appropriate for different categories of permits. Such fees shall be applicable to all persons, excluding agencies of the commonwealth, holding such permits, including without limitation those persons, excluding agencies of the commonwealth holding permits at the time the fees are established. At least forty-five days before the date such fee is due, the department shall notify each person holding such a permit of the amount of the fee due and the date by which payment is due. In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment. Failure by any person to pay any annual compliance assurance fee when due shall result in suspension of or, if such failure continues for sixty days or more, may result in revocation of the permit; and shall be grounds for denial of any pending permit application filed by such person. In the event of untimely payment, interest on the amount due shall be assessed at the rate determined by the secretary of administration and finance pursuant to section twenty-nine C of chapter twenty-nine. Such interest shall be in addition to any other penalty for violation of any permit condition or applicable statutory or regulatory requirement. A permit suspended under this section shall be reinstated upon payment of the fee that is owed together with the interest due.

(b) Permit application fee. The department may establish by regulation a permit application fee payable by all persons filing applications for a permit, based on the department's costs for providing technical assistance, performing and analyzing such environmental monitoring as is necessary to act on such applications, processing such applications and issuing decisions and, where no annual assurance registration fee is established, on the department's costs for monitoring, inspection, technical assistance, and enforcement activities necessary to ensure compliance by persons holding such permits. Such fees may be based on a scale that accounts for the department's costs appropriate for different categories of permit applications and permits. Permit application fees shall be payable upon filing the permit application. In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment. The department may require that persons applying for permits as a result of enforcement action by the department or another agency of the commonwealth or its subdivisions pay double the otherwise applicable application fee.

In establishing appropriate categories of permit applications for the purposes of this subsection, the department shall consider the administrative expense associated with transfer of funds between state agencies and the department and shall exempt state agencies from payment of a permit application fee whenever such costs would represent a substantial proportion of the fee. Nothing in this section shall be construed to diminish the authority provided by section seventeen of chapter two hundred thirty-six of the acts of nineteen hundred and eighty-eight.

(c) Schedules for timely action. For each permitting program for which a fee is established pursuant to subsection (b), the department shall concurrently establish by regulation a schedule for timely action by the department on such permits. Such schedules may be based on the lengths of time appropriate for different categories of permit applications and permits, and may make provision for situations when more than one permit is required for the project or activity. Each such schedule shall contain the following:-

(1) the schedule shall begin when an application is received by the department and the application fee paid;

(2) one or more periods of reasonable length, based on the nature and complexity of the review required of the department, at the end of which time the department shall issue a decision to grant or deny the permit, or an identification of deficiencies in the application; provided, that the schedule may also reasonably limit the amount of time in which the applicant may remedy such deficiencies;

(3) a period of reasonable length, based on the nature and complexity of the review required of the department, beginning with receipt of materials submitted by the applicant in response to the department's identification of deficiencies, at the end of which time the department shall issue a decision to grant or deny the permit;

(4) allowance for applicable state or federal public participation requirements;

(5) a provision extending the time periods set forth in clauses (2) and (3) when action by another federal, state, or municipal governmental agency is required before the department may act, when judicial proceedings affect the ability of the department or the applicant to proceed with the application, when the department has commenced enforcement proceedings which could result in revocation of an existing permit for that facility or activity and denial of the application, or when the applicant provides written assent extending any applicable time period; and

(6) a provision indicating whether the schedule shall be applied to all such permit applications pending before the department at the time the regulation is adopted upon payment of the fee, or whether the schedule shall apply to persons with pending applications for such permits who elect to pay the fee.

Should the department fail to take timely action on a permit application within a period set forth in the applicable schedule pursuant to clause (2), one day shall be subtracted from the number of days allowed for the department's next action in the appropriate schedule pursuant to clause (2) or clause (3) for each day that the department's action is tardy, unless the period has been extended pursuant to clause (5). Should the department fail to take timely action on a permit application within the time period set forth in the applicable schedule pursuant to clause (3), subject to any adjustment required by the preceding sentence, the department shall refund without further appropriation the permit application fee paid by the applicant unless the period has been extended pursuant to clause (5), and shall continue to process the permit application. The requirements of this subsection (c) shall not apply to adjudicatory hearings conducted by the department.

(d) (1) In establishing permit application fees pursuant to subsection (b) and schedules for timely action pursuant to subsection (c), the department may by regulation define certain categories of projects for which appropriate fees and schedules pursuant to such subsections cannot be established by general rule, based on the size, novelty, complexity, or technical difficulty of such projects. Projects within categories so defined shall be called individual rule projects. The department shall establish an alternative permit application fee, schedule for timely action, and annual compliance registration fee as appropriate for each individual rule project in accordance with clause (3) of subsection (d).

(2) When the department determines, based on the size, novelty, complexity, or technical difficulty of a project for which a permit application is filed, other than an individual rule project, that the amount of work required by the department in processing such permit application will exceed by a factor of two or more the amount of work assumed as the basis in establishing a permit application fee pursuant to subsection (b), and cannot be completed within the schedule for timely action applicable to such permit applications pursuant to subsection (c), the department shall notify the applicant of such determination within thirty days of receiving the permit application, and shall within forty-five days of providing such notice establish an alternative permit application fee, schedule for timely action, and an annual compliance assurance fee as appropriate to clause (3) of subsection (d).

(3) Within forty-five days of receipt of an application for an individual rule project, or of making a determination pursuant to clause (2), or within such other period as agreed to by the applicant, the department shall establish, following negotiation with the applicant, an appropriate permit application fee and alternative schedule for timely action, based on the costs and time of the extraordinary work required to process such permit application. In no such case shall the applicable fee be lower than fees established by regulation for that class of permit, nor shall the schedule for timely action require action more rapid than the time for comparable action allowed in the schedule established by regulation for that class of permit. The department shall establish an annual compliance assurance fee as a condition of a permit issued for such projects, based on the costs of the department reasonably necessary to ensure compliance with the permit. The permittee may request the department to adjust any such compliance assurance fee whenever the department reviews fees pursuant to subsection (j), or may request such an adjustment as a permit modification. The department may by regulation establish an average daily or hourly rate, expressed as a loaded rate per day or hour of technical staff time, based on the department's average costs, to be used as a reference point in establishing such fees. The department may by regulation establish a maximum permit application fee to serve as an upper bound on the fee that may be established under this subsection (d) for any particular permit application or category of permit applications.

(4) A permit applicant aggrieved by the department's action in establishing a permit application fee or schedule for timely action pursuant to this subsection (d) may within ten days take either or both of the following actions:

(i) The applicant may notify the department that it wishes to proceed on a true cost basis. Upon receipt of payment of one half of the fee amount established by the department as a deposit, the department shall diligently and in good faith process the permit application, taking all reasonable measures to achieve compliance with the timely action schedule established by the department; provided that, failure to meet such schedule shall not result in a refund of the fee paid. The department shall provide a monthly cost statement to the applicant based on the average daily or hourly rate and the days or hours of work performed by technical staff. Whenever the department's costs as reflected in the cost statement exceed the balance already paid by the applicant, the applicant shall promptly pay all outstanding amounts. Failure by the applicant to make such payments shall be grounds for the department to discontinue work on the application. The department shall withhold its decision on the permit application until the applicant has made full payment. Nothing in this section shall prevent the department from denying a permit request where it finds the application inadequate.

(ii) The applicant may request an adjudicatory hearing pursuant to chapter thirty A. No permit application fee shall be due, and no schedule for timely action shall be in effect, pending resolution of such a hearing request, except as provided in the preceding paragraph if the applicant elects to proceed on a true cost basis. In any such hearing, or any hearing concerning an annual compliance assurance fee established as a permit condition, the average daily or hourly rate established by regulation shall be used as the basis of the fee determination, and the fee and the schedule for timely action established by the department shall be revised only where the applicant demonstrates by a preponderance of the evidence that the department's position was unreasonable, arbitrary, or capricious.

(5) The commissioner shall annually file a report outlining all fees and schedules established pursuant to this subsection (d) and setting forth the basis on which the determination to establish such fees and schedules was made with the advisory committee, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and the house and senate committees on ways and means.

(e) The department shall establish by regulation a reasonable filing fee to be payable by all persons requesting adjudicatory hearings before the department; provided, that the fee may be waived by the department upon a showing of undue financial hardship. Such fee shall not be disproportionately large compared to fees required to file an action in the superior court.

(f) The department may establish by regulation fees for performing laboratory or other technical analyses, based on the department's costs for performing such analyses. Such fees shall be payable by any person, city, town, county, district, authority, or agency thereof who requests such services.

(g) The department may establish and collect reasonable fees for providing public record information to persons or cities, towns, counties, districts, authorities, or agencies thereof who request such information, including costs of searching for, and costs of, copying such records, pursuant to section ten of chapter sixty-six.

(h) The department may establish and collect reasonable fees for conducting, producing, or providing specifically targeted seminars, training sessions, written materials, or other forms of technical assistance pertaining to its permitting, compliance, and enforcement activities, where participation in such technical assistance programs is voluntary. Fees for providing such technical assistance shall be based on the department's cost for developing, producing, and making available such technical assistance. The department may conduct or produce such technical assistance programs jointly in cooperation with any person.

The department may, in compliance with applicable law governing procurement services by state agencies, contract with qualified third parties to provide such technical assistance to persons, cities, towns, counties, districts, authorities, or agencies requesting it; provided, that before entering such a contract, the commissioner shall determine that the cost of providing such technical assistance through a third party shall not exceed the cost of providing such technical assistance directly by the department. In no case shall the fee for such technical assistance provided by a third party exceed the fee established by the department for the same or comparable services when provided by the department.

(i) As a precondition to the department's authority to establish annual compliance registration fees pursuant to subsection (a) and permit application fees pursuant to subsection (b), and prior to the first establishment of such fees, the commissioner shall make findings in the administrative record that:

(1) the department has completed promulgation of revisions to its regulations governing Plan Approval and Emission Limitations, codified at 310 CMR 7.02, as in effect on January first, nineteen hundred and ninety;

(2) the department has made publicly available a first year report on its compliance pilot project in the Blackstone river basin;

(3) the commissioner has appointed members of the advisory committee on fees and program improvements; and

(4) the department has begun work, together with the advisory committee or with one or more work groups, each of which shall include one or more members of the advisory committee as well as department personnel and other interested persons, to produce a report with recommendations on each of the following issues: (i) the advantages, disadvantages, and opportunities for increased reliance on work by parties other than the applicant and the department in the department's permitting and compliance programs; (ii) development of a strategy or strategies the goal of which is to eliminate permitting backlogs within six to twenty-four months of enactment of this section; (iii) development of a strategy or strategies the goal of which is to eliminate compliance and enforcement backlogs within six to twenty-four months of the enactment of this section; (iv) evaluation of potential revisions in the sewer connection permitting program and potential federal delegation of the surface water discharge permitting program; and (v) administration and collection of fees established pursuant to this section.

(5) A copy of such findings shall be provided to the advisory committee, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and to the house and senate committees on ways and means. This subsection shall not affect the validity of fees in existence prior to enactment of this section.

(j) On or before July first, nineteen hundred and ninety-two and on or before July first of every second year thereafter, the department shall review all fees and schedules established pursuant to this section, and shall by regulation adjust fees and schedules as necessary to reflect changes in regulatory requirements, technologies, the nature and cost of the department's permitting and compliance activities, and improvements in the department's practices and procedures. Prior to proposing such regulations in nineteen hundred and ninety-two, as a precondition to continued authority to establish and collect annual compliance assurance fees pursuant to subsection (a) and permit application fees pursuant to subsection (b), the commissioner shall make findings in the administrative record that:

(1) each of the reports required by clause (5) of subsection (d) has been completed, and that the department has considered the recommendations of those reports in its proposed regulations adjusting the fees and schedules;

(2) the department has begun work, together with the advisory committee or one or more work groups, each of which shall include one or more members of the advisory committee, as well as department personnel and other interested persons, to produce a report with recommendations on each of the following issues: (i) the potential for consolidating reporting requirements in permits or regulations; and (ii) training and outreach, including identification of improvements in training for department staff and in outreach efforts to educate persons requiring permits. The recommendations of such reports shall be included in the report submitted in nineteen hundred and ninety-two by the commissioner pursuant to subsection (k). A copy of such findings together with proposed regulations shall be provided to the advisory committee, to the secretary of environmental affairs and the secretary of administration and finance at least forty-five days prior to promulgation of such regulations.

Notwithstanding any other provision thereof to the contrary, no fee or other charge and no increase of any existing fee or charge shall be imposed pursuant to this section unless a copy of the proposed regulations establishing said fees shall be submitted to the joint committee on natural resources and agriculture and the house and senate committees on ways and means for their review and recommendations at least forty-five days prior to the promulgation of such regulations.

(k) Annual permitting and compliance report. On or before October first, nineteen hundred and ninety-one, and on or before October first of each year thereafter, the department shall submit to the advisory committee on fees and program improvements, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and the house and senate committees on ways and means an annual report on compliance and permitting efforts in the preceding fiscal year. Such report shall include, without limitation: an identification of the revenues received pursuant to this section and the department's appropriation from the General Fund; a statement identifying all expenditures from the Environmental Permitting and Compliance Assurance Fund established pursuant to section two M of chapter twenty-nine; a statement outlining the costs of performing permitting and compliance assurance activities; the number and amount of permit application fees refunded; the number of permit applications received; the number of permit decisions issued; a statement identifying the department's accomplishments with respect to compliance and enforcement compared to the department's goals; the department's goals for compliance and enforcement activities for the following fiscal year; the information with respect to alternative fees and schedules required by subsection (d); and a summary of the significant improvements the department has made in its permitting and compliance programs. For any year in which the department did not meet its goals for compliance and enforcement activities, the report shall include a plan demonstrating how the department will meet its compliance and enforcement goals for the following year. In nineteen hundred and ninety-one and nineteen hundred and ninety-two, the report shall also include a description of the department's progress in eliminating permitting backlogs, including identification of successes or problems.

(l) All moneys received by the department pursuant to this section, and not refunded to permit applicants pursuant to subsection (c), shall be deposited in the Environmental Permitting and Compliance Assurance Fund established pursuant to section two M of chapter twenty-nine, and used, subject to appropriation, solely for the purposes set forth therein; provided, however, that moneys received from annual compliance assurance fees, permit applications, and technical assistance fees shall be used solely for those purposes.

(m) Regulations establishing fees pursuant to subsection (a) or (b), and schedules for timely action pursuant to subsection (c), shall not be in effect in any fiscal year in which appropriations for ordinary maintenance of the department from state funds other than the environmental challenge fund and the environmental permitting and compliance assurance fund do not exceed the baseline figure set forth herein. The baseline figure for fiscal year nineteen hundred and ninety-one shall be eighteen million two hundred and ninety-eight thousand four hundred and fifty-three dollars. The baseline figure in subsequent fiscal years shall be a comparable amount, as determined by the legislature, based on inflation, the department's demonstrated program improvements and efficiencies in areas other than those supported by such fees, and added or reduced programmatic responsibilities of the department.

(n) In the event that the requirements of this section conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance assurance fees by the department, such federal requirements shall take precedence over the conflicting requirements of subsections (a) to (f), inclusive, and the department shall have the authority to establish by regulation and to collect such fees in accordance with the applicable federal requirements.

SECTION 243A. Chapter 25 of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. There is hereby established within the executive office of consumer affairs and business regulation an energy advisory board, appointed by the governor, consisting of thirteen members: three representatives of investor-owned electric utilities; one representative of an investor-owned gas utility; two representatives of the environmental community; two representatives of the business community; one consumer representative; one representative of organized labor appointed from a list of three qualified names submitted by the Massachusetts State Labor Council, AFL-CIO; one representative of energy conservation providers; one representative of the independent power industry and the secretary of consumer affairs and business regulation. Said advisory board shall meet at least four times each fiscal year and shall make recommendations to the governor respecting mandated assessments and fees; relating to the provision of energy and energy services in the commonwealth; the relationship between existing fees and assessments on public utilities and patterns of timely regulatory action; the elimination of duplication of regulatory activity and relative to long-term planning and the future of the commonwealth's energy policy. Said advisory board shall report to the governor annually, which report shall also be submitted to the house and senate committees on ways and means no later than October first of each year. The members of the advisory board shall serve without compensation.

SECTION 244. Section 12M of said chapter 25 is hereby amended by inserting after the second paragraph the following two paragraphs:-

There shall be in the fuel charge monitoring bureau an integrated resources management section to perform the duties and functions of the department in relation to the administration and enforcement of integrated resource management regulations adopted by the department to oversee the long term planning processes of electric companies, ensure said companies are planning adequately to provide reliable energy for the commonwealth from all options including but not limited to conservation, load management and cogeneration and to assist the commission in the review of electric company generation, conservation and load management investments eligible for pre-approval of the type of investment and amount of rate recovery pursuant to said regulations.

For the purpose of providing said section with a portion of its operating funds, the commission is hereby authorized to make an assessment, in addition to other assessments authorized in sections seventeen and eighteen, proportionally against each company under the jurisdictional control of the department and subject to the department's integrated resource management regulations, based upon the intrastate operating revenues of each of said companies derived from wholesale and retail sales of said companies within the commonwealth as shown in the annual report of said companies to the department. Said additional assessment shall be made at such a rate as shall be determined and certified annually by the commission as sufficient to produce not more than six hundred and twenty thousand dollars in revenue for the fiscal year for which the assessment is made and shall be collected in the manner provided in section seventeen A. The commission is also authorized to expend for the operation of the section such amounts which are appropriated through said commission for that purpose.

SECTION 245. The fifth paragraph of section 7 of said chapter 21C, as so appearing, is hereby amended by striking out, in line 67, the words "of two hundred dollars for each vehicle" and inserting in place thereof the words:- for each vehicle in an amount established by the department pursuant to section eighteen of chapter twenty-one A.

SECTION 246. Section thirteen A of chapter twenty-two of the General Laws is hereby repealed.

SECTION 247. The second paragraph of section 12M of chapter 25 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- In addition to said assessment amounts, the assessment shall include amounts, to be credited to the General Fund, for fringe benefit costs, including group life and health insurance, retirement benefits, paid vacations and holidays, and sick leave, not to exceed fifteen percent of the amount attributable to personnel costs of said bureau subject to assessment under the provisions of this section.

SECTION 248. The second sentence of the first paragraph of section 18 of chapter 25 of the General Laws, as amended by section 25 of chapter 653 of the acts of 1989, is hereby further amended by striking out, in line 6, the words "benefits and other indirect costs" and by inserting in place thereof the following:- benefit costs, including group life and health insurance, retirement benefits, paid vacations and holidays and sick leave, not to exceed fifteen percent of the amount attributable to personnel costs.

SECTION 249. The third sentence of said first paragraph of said section 18 of said chapter 25 is hereby amended by striking out the words "and for fringe benefits and other indirect costs of employees of the department", inserted by section 26 of said chapter 653, and inserting in place thereof the words:- and for fringe benefit costs, including group life and health insurance, retirement benefits, paid vacations and holidays and sick leave, not to exceed fifteen percent of the amount attributable to personnel costs of employees of the department.

SECTION 250. The second paragraph of section 8F of chapter 26 of the General Laws, as so appearing, is hereby amended by inserting after the word "company", in line 17, the words:- ; provided, however, that in addition to said assessment amounts, the assessment shall include amounts, to be credited to the general fund, equal to the total amount of funds estimated by the secretary for administration and finance to be expended from the general fund for indirect and fringe benefit costs attributable to personnel costs of the attorney general's office subject to assessment under provisions herein and under section eleven F of chapter twelve.

SECTION 251. Section 8G of said chapter 26, as so appearing, is hereby amended by striking out, in line 47, the word "fifty" and inserting in place thereof the words:- one hundred.

SECTION 252. Said section 8G of said chapter 26, as so appearing, is hereby further amended by striking out, in line 90, the word "ten" and inserting in place thereof the word:- twenty.

SECTION 253. Said section 8G of said chapter 26, as so appearing, is hereby further amended by striking out, in lines 52, 79, 86 and 148, the word "twenty-five" and inserting in place thereof, in each instance, the word:- fifty.

SECTION 254. The second paragraph of section 8I of said chapter 26, as so appearing, is hereby amended by inserting after the word "annually", in line 22, the words:- , in addition to said assessment amount, the assessment shall include an amount, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary for administration and finance to be expended from the General Fund for indirect and fringe benefit costs attributable to personnel costs of said bureau subject to assessment under provisions herein.

SECTION 255. Chapter 29 of the General Laws is hereby amended by inserting after section 2 O, inserted by section 16 of chapter 121 of the acts of 1990, the following three sections:-

Section 2P. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Environmental Permitting and Compliance Assurance Fund. There shall be credited to such fund any amounts collected pursuant to section eighteen of chapter twenty-one A, and any income derived from the investment of amounts credited to said fund. Amounts credited to said fund shall be used, subject to appropriation, solely for the purposes of the administration and implementation of the permitting, compliance and enforcement, monitoring and analysis, and technical assistance programs of the department of environmental protection, including payment of personnel fringe benefit costs pursuant to section five D.

Section 2Q. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Intragovernmental Service Fund. There shall be credited to such fund all revenues generated through the charging of any state agency for services provided by another state agency, including, but not limited to charges levied by the public employee retirement administration for workers' compensation chargeback.

Amounts credited to said fund shall be used, subject to appropriation, for the provision of support services to the state agencies.

Section 2R. There is hereby established upon the books of the commonwealth a separate fund to be known as the Maximization Fund. There shall be credited to such fund all revenues, resulting from an increase in revenue collection, directed to said fund by section two of the general appropriation act or any supplemental or deficiency appropriation act.

Amounts credited to said fund shall be available for expenditure by the various state agencies, subject to appropriation.

SECTION 256. Said chapter 29 is hereby further amended by inserting after section 5E, inserted by section 45 of chapter 287 of the acts of 1989, the following section:-

Section 5F. Every officer having charge of any state agency which receives a periodic or other appropriation from the commonwealth, shall annually, on or before a date set by the commissioner submit to the budget director a department financial plan for the current fiscal year and, at such times as specified by said commissioner, revisions to said department financial plan; provided, however, that said officer shall also submit said financial plans to the chairmen of the house and senate committees on ways and means.

The department financial plan shall include statements, in a form prescribed by the budget director, showing in detail (1) amounts proposed to be expended from each expenditure budget account for each month in the current fiscal year; (2) amounts projected to be received in each revenue budget account on account of revenue, other than revenue from state taxes, federal grants or proceeds of bonds issued by the commonwealth, for each month in the current fiscal year; and, (3) such other information on the expenditures, revenues, activities, output or performance of the state agency as required by the budget director.

The budget director shall provide to the comptroller information from department financial plans for the purpose of developing estimates of monthly cash flow and for the purpose of preparing monthly reports of planned and actual expenditure and planned and actual revenue for each major state program, department, and executive or other constitutional office.

SECTION 257. Section 6D of said chapter 29, as appearing in the 1988 Official Edition, is hereby amended by striking out the second, third, fourth and fifth paragraphs and inserting in place thereof the following three paragraphs:-

Section two of each budget act shall also include appropriation subtotals and retained revenue authorization subtotals for each department, board, commission, office, or agency, an appropriation total and retained revenue authorization total for each secretariat, for each constitutional office, and for the executive, legislative, and judicial branches of state government, and an appropriation grand total and retained revenue authorization grand total for the entire section.

Section two of each budget shall include all direct appropriations and authorizations to retain revenue; section two A shall include all appropriations of federal grants; section two B shall include all authorizations to continue a prior appropriation, including an amount set out in numeric figures of the prior appropriation continued; section two C shall include all appropriations from the Intragovernmental Service Fund.

The provisions of this section shall apply to all appropriations of state funds, including direct appropriations, retained revenue authorizations, federal grant appropriations, accounts with prior appropriations continued, and appropriations from the Intragovernmental Service Fund.

SECTION 258. The sixth paragraph of section 49 of said chapter 29, as most recently amended by section 21 of chapter 655 of the acts of 1989, is hereby further amended by adding the following sentence:- In connection with any such consolidated issue, the state treasurer shall specify at the time of issuance (i) the amount of proceeds to be allocated to each bond authorization act or section thereof, in which case allocation of proceeds shall occur at the time of issuance, or (ii) the various sections of bond authorization acts to which proceeds of the issue may be allocated as expenditures are made pursuant to the authorizations referenced in such sections, in which case allocation of proceeds shall occur at such later time or times as such expenditures shall occur, or (iii) any combination of the foregoing.

SECTION 259. The last paragraph of section 60A of said chapter 29, added by section 34 of chapter 653 of the acts of 1989, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There is hereby established a direct debt limit for the commonwealth which shall apply to any direct bonds issued whose issuance would cause the sum of the principal amounts of all direct bonds issued by the commonwealth and then outstanding to exceed the limit set herein; provided, however, that bonds for the payment or redemption of which, either at or prior to maturity, refunding bonds shall have been issued, shall be excluded in the computation of outstanding bonds; and provided, further, that the principal amount of bonds issued at a discount shall be the original net proceeds of such bonds.

SECTION 260. Chapter 30A of the General Laws is hereby amended by adding the following section:-

Section 18. All state, regional, and municipal agencies, boards, commissions, before any rule, regulation, law or other restriction is enacted, shall make public and post in writing whether or not such restrictions will impact on agricultural operations based in the commonwealth. Further, if such rule, regulation, law or other restriction is determined to have a potential impact on agriculture, the responsible agency in consultation with the department of food and agriculture, shall conduct an impact assessment to determine the extent of such impact, including, but not limited to: the effect on future land use and related environmental impacts, including costs and submit to the joint committees on natural resources and agriculture and to the house and senate committee on ways and means a copy of their findings forty-five days prior to promulgation.

SECTION 261. Section eighty-eight A of chapter thirty-three of the General Laws is hereby repealed.

SECTION 262. The first paragraph of section 14 of chapter 34 of the General Laws, as amended by section 1 of chapter 193 of the acts of 1989 is hereby further amended by inserting after the word "county", in line 8, the words:- ; and provided, further, that any real estate offered for sale or lease, by a county shall first be offered for sale or lease to the commonwealth and upon the non-acceptance by the commonwealth of any such offer, shall then be offered for sale or lease to the city or town where such land is located.

SECTION 262A. Clause (n) of section 5 of chapter 40I of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "demonstrations", in line 45, the words:- , international education programs for students in kindergarten and at the primary and secondary levels.

SECTION 263. Section 25B of chapter 58, as amended by section 32 of chapter 341 of the acts of 1989, is hereby further amended by striking out subsection (c).

SECTION 264. Section 6D of chapter 62 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words "Massachusetts Nongame Wildlife" and inserting in place thereof the words:- Natural Heritage and Endangered Species Fund,- and by striking out, in line 14, the words "Nongame Wildlife" and inserting in place thereof the words:- Natural Heritage and Endangered Species.

SECTION 265. Section 1 of chapter 62E of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the definition of "IV-D agency" the following definition:-

"Reporting system", the wage reporting and bank match system established in section three.

SECTION 266. Said chapter 62E is hereby amended by striking out sections 3 to 6, inclusive, as so appearing, and inserting in place thereof the following six sections:-

Section 3. The commissioner is hereby authorized and directed to design, develop, implement and operate a wage reporting and bank match system for the purpose of verifying financial eligibility of participants in entitlement programs of the department of employment and training, the department of public welfare, the department of veterans' services, any IV-D agency and the Massachusetts Higher Education Assistance Corporation, as well as any other entitlement programs provided for by statute or regulation.

The commissioner is hereby further authorized and directed to enter into such inter-agency agreements with other agencies of the commonwealth as said commissioner deems are necessary to facilitate the implementation and utilization of the reporting system. Such written agreements shall include provisions requiring such agencies, their subgrantees, or local administering agencies, including local housing authorities, to provide at a date specified by the commissioner a list of persons receiving benefits from such programs. Information in such lists shall include the recipient's name, social security number and other data required to assure positive identification. Such information shall be utilized in the reporting system as a post audit mechanism for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in said programs, or additional programs, included by the commissioner of administration. Said agencies, their subgrantees, or local administering agencies, including local housing authorities, are hereby authorized and directed to obtain and provide to the commissioner of revenue the information requested for the purposes of this reporting system.

Section 4. For the purpose of carrying out the provisions of section three, the commissioner shall annually request in writing from the treasurer of every federal or state commercial or savings bank, including savings and loan associations and cooperative banks, federal or state credit unions, benefit associations, insurance or safe deposit companies or any other similar entity authorized to do business in the commonwealth, the amount deposited in such corporation, association, or other entity to the credit of the persons listed in such request. Such listing shall include the names and other identifying data of persons receiving benefits under the foregoing programs and transmitted by the administering agencies to the commissioner of revenue for the purpose of verifying financial eligibility and detecting and preventing fraud, error and abuse in said programs. Said treasurer shall furnish said information within thirty days of the commissioner's request.

Said treasurers shall also furnish, upon request of the commissioner from time to time, the record of deposits and withdrawals during the past five years of any person listed in such request.

Section 5. The commissioner shall examine the data available to him under the reporting system, make positive identification of cases in which recipients of programs included in the reporting system are receiving wages or have other assets in excess of any threshold requirement established by the administering agency or agencies, and furnish such agency or agencies the cases of recipients so identified. The information furnished to such agency or agencies shall include the name of the recipient, social security number and other data to assure positive identification, the name and identification number of the employer or the name and location of the state and federally chartered savings banks, state and federally chartered savings and loan associations, cooperative banks, state and federally chartered credit unions, trust companies, national banking associations, benefit associations, insurance companies or safe deposit companies, and the amount of wages received or amount of financial resources. Upon the receipt of such information, such agencies, and where appropriate, local administering agencies or local housing authorities, shall seek to verify the accuracy of the information presented in accordance with regulations promulgated by the fraudulent claims commission within the executive office for administration and finance which shall include the requirement of consultation with the recipient whose status is in question. If after such informal inquiry an agency, or where appropriate, local administering agencies or local housing authorities, determine that a recipient has incorrectly received benefits under such a program, such agency shall take appropriate formal action in accordance with state and federal law to correct the error, including, but not limited to, termination of benefits. No adverse action shall be taken against any recipient in the unemployment insurance benefits program or the public assistance program of the department of public welfare, except after affording such recipient full opportunity to contest such action in accordance with the law, including prior notice and hearing. No adverse action shall be taken against recipients in the other programs included in the reporting system except after meeting with such recipients, providing them with an explanation for the proposed action, detailing the evidence upon which the action is based, and allowing for any other procedures which an administering agency uses to take an adverse action against a recipient in its program.

Section 6. When any agency has probable cause to believe that the receipt of incorrect benefits under any such program was a result of a fraudulent action by the recipient, such agency shall refer the case to the bureau of special investigations for further action in accordance with regulations promulgated by the fraudulent claims commission. Such regulations shall provide for consideration of the willingness of the recipient to make restitution or to submit to voluntary recoupment and shall include guidelines and procedures for administrative action and recoupment. The fraudulent claims commission shall promulgate said regulations in accordance with section two of chapter thirty A and after consultation with agencies as to how the financial solvency and the maintenance of the integrity of their programs can be best served by restitution and referrals.

Section 6A. The director of the bureau of special investigations shall have access to agency, subgrantee or local administering agencies' records and accounts at reasonable times and may require the production of books, documents and vouchers by agencies, subgrantees and local administering agencies, relating to any matter within the scope of an investigation pursuant to this section.

Section 6B. Whenever the bureau finds probable cause to believe that a person has engaged in fraud in any such programs the bureau may, pursuant to procedures established by said commission, notify other state agencies of such information so that such state agencies may investigate whether such person has engaged in fraud in other programs.

SECTION 267. Said chapter 62E is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. No employee or agent of the commonwealth shall divulge any information referred to in this chapter, except in the manner herein prescribed to any public or private agency or individual; provided, however, that information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or any local housing authority for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs included in the reporting system. Unauthorized disclosure of any such information shall be a violation punishable by a fine of one hundred dollars per offense; provided that the unauthorized release of such information about any individual shall be a separate offense from information released about any other individual. Such unauthorized release of information shall also be cause for administrative discipline of any employee who engages in such unauthorized release.

SECTION 268. Section 9 of said chapter 62E, as so appearing, is hereby amended by adding the following paragraph:-

Any treasurer who is required to submit a report pursuant to the provisions of section four who fails, without reasonable cause, to comply with such reporting requirements after notification by certified mail return receipt requested, and such failure continues for more than fifteen business days after mailing of such notification of the failure to comply, without reasonable cause, or if said treasurer willfully renders false information in reply to such request, such treasurer shall be liable for a penalty of one thousand dollars.

SECTION 269. Said chapter 62E is hereby further amended by adding the following section:-

Section 13. The commissioner shall file quarterly reports with the house and senate committees on ways and means describing the status of said wage reporting and bank match system and a plan to implement it. The commissioner may process only a sample of the caseload of a program, when this method is determined to be cost-effective, provided that prior notification of such sampling technique is provided to the house and senate committees on ways and means.

SECTION 270. The first paragraph of section 2A of chapter 60A of the General Laws, as appearing in section 46 of chapter 653 of the acts of 1989, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The local tax collector, the commissioner of revenue, or their designee, as the case may be, may at any time and from time to time transmit to the registrar of motor vehicles, hereinafter in this section called the registrar, in such form as approved by the registrar and by the joint committee on taxation, notice of such nonpayment, specifying the name and address of the person to whom the excise is assessed, the amount of the excise due and all interest thereon and costs relative thereto and such information as to the motor vehicle or trailer assessed as was transmitted by the registrar to the commissioner of revenue under section two; provided, however, that no notice shall be transmitted to the registrar under this section at a time when there is pending before the local board of assessors or the appellate tax board, as the case may be, a duly filed application for the abatement of such excise in whole or in part nor within thirty days after action upon any such application by the local board of assessors or the appellate tax board, as the case may be.

SECTION 271. Section 38L of chapter 63 of the General Laws, inserted by section 122 of chapter 240 of the acts of 1989, is hereby amended by striking out, in line 3, the words "Massachusetts Nongame Wildlife" and inserting in place thereof the words:- Natural Heritage and Endangered Species,- and by striking out, in line 7, the words "Nongame Wildlife" and inserting in place thereof the words:- Natural Heritage and Endangered Species.

SECTION 272. Section 13 of chapter 64A of the General Laws is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) Whereas not less than one and two-fifths percent of the excise imposed by section four is obtained from the sale or importation of fuel used in producing or generating power for the operation of watercraft of every description, except seaplanes, said excise funds shall be credited as follows:- fifteen one-hundredths of one percent to the Inland Fisheries and Game Fund established by section two of chapter one hundred and thirty-one; fifteen one-hundredths of one percent to the Public Access Fund established by section seventeen E of chapter twenty-one; thirty one-hundredths of one percent to the Marine Fisheries Fund established by section two B of chapter one hundred and thirty; and thirty one-hundredths of one percent to the Environmental Law Enforcement Fund established by section six H of chapter twenty-one.

SECTION 273. Sections seven to seven H, inclusive, of chapter sixty-nine of the General Laws are hereby repealed.

SECTION 274. Section five of chapter seventy-three of the General Laws is hereby repealed.

SECTION 275. Section eight A of said chapter seventy-three is hereby repealed.

SECTION 276. Section thirty-one of chapter seventy-five of the General Laws is hereby repealed.

SECTION 277. Section sixteen of chapter seventy-five A of the General Laws is hereby repealed.

SECTION 278. Section eighteen of chapter seventy-five B of the General Laws is hereby repealed.

SECTION 279. Paragraph (a) of section 49 of chapter 90 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 8, the words "each two-year period thereafter" and inserting in place thereof the words:- annually thereafter for those years.

SECTION 280. Paragraph (b) of said section 49 of said chapter 90, as so appearing, is hereby amended by striking out the last two sentences and inserting in place thereof the following sentence:- Registration certificates issued after expiration of the first six months of the annual registration period, as prescribed by the commission, shall be issued upon payment of fifty percent of the annual fee.

SECTION 281. Paragraph (b) of section 20A of chapter 90D of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "within two registry business days following the date of application,".

SECTION 282. Paragraph (a) of section 20D of said chapter 90D, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words "appointed under the provisions of section twenty-nine of chapter ninety" and inserting in place thereof the words:- designated by the registrar.

SECTION 283. Chapter 92 of the General Laws is hereby amended by inserting after section 34 the following section:-

Section 34A. The commissioner of the metropolitan district commission, hereinafter referred to as the commissioner, may receive and hold in trust for the commonwealth, exempt from taxation, any instrument of value, including but not limited to, any gift or bequest of money or other personal property, and any grant or devise of lands or rights in land for the purpose of fostering and advancing the MetroZoos zoological parks of the commonwealth and shall administer the same in such a manner as to carry out the terms of such bequests or gifts, grants, or devises. All money and securities received hereunder shall be transferred to the state treasurer, who shall preserve and invest the proceeds thereof, in notes or bonds secured by good and sufficient mortgage or other securities. Said trust property shall be known as the MetroZoos Zoological Trust, and shall be used and expended under the direction of the commissioner after notification to the commission. Subject to the terms of any such grant, gift, devise, or bequest, the metropolitan district commission may expend such funds, whether principal or income.

SECTION 284. Said chapter 92 is hereby further amended by striking out section 113, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 113. The authority shall forward to the treasurer of the commonwealth, for the operation and maintenance of the division, an assessment equal to three-quarters of the fiscal year operating costs of the division, and three-quarters of the division's anticipated capital expenses, and other authorized charges, less revenues received pursuant to section one hundred and seven, and less one-quarter of the amounts to be paid in that fiscal year in trust by the authority to the division for application to payments in lieu of taxes pursuant to chapter fifty-nine. The amount of said assessment shall be determined by the secretary of administration and finance on or before June thirtieth of each fiscal year for the following fiscal year. The secretary shall certify to the state treasurer the amount of said assessment which shall be credited to the division of watershed management of the metropolitan district commission. The treasurer shall in each fiscal year, beginning with the obligations for fiscal year nineteen hundred and ninety-one, assess the authority the amount of said determination. In any fiscal year in which the assessment is insufficient to meet the annual operating expenses of the division, the secretary of administration and finance shall, on or before March thirtieth of such fiscal year, certify to the state treasurer and to the house and senate committees on ways and means, the amount required for such fiscal year and the treasurer shall assess the authority for any additional amount as authorized by this section. In any fiscal year in which the assessment exceeds the amount necessary to meet the annual operating expenses of the division, the secretary of administration and finance shall certify to the state treasurer and the house and senate committees on ways and means the amount of any unexpended balance and said secretary shall credit said unexpended amount to the assessment due pursuant to this section for the following fiscal year.

SECTION 285. Section 17 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the third sentence.

SECTION 286. Said chapter 111 is hereby further amended by inserting after section 63A the following section:-

Section 63B. The department of public health shall bill the Medicare program established by Title XVIII of the Social Security Act for all patients cared for in hospitals operated by the department who have received or are eligible to receive a Medicare health insurance number. The department shall bill the Medicare program for all services provided to such patients since January first, nineteen hundred and eighty-nine, the effective date of the Medicare Catastrophic Coverage Act of 1988 (Public Law 100-360), as amended. The department shall make the billings required by this section within the time for billing services which are applicable to the Medicare program for the billing of patient care services which are applicable to the Medicare program.

By February first, nineteen hundred and ninety-one, the commissioner of public health shall issue a report to the house and senate committees on ways and means which shall provide the following information with respect to each hospital operated by the department: (a) the number and percentage of patients billed to the Medicaid program since January first, nineteen hundred and eighty-nine; (b) the number and percentage of patients who by reason of age or disability are entitled to Medicare claim identification numbers; (c) whether any of the individuals identified in subsection (b) are not entitled to Medicare benefits and the reasons therefor; (d) whether any practice of the department of public welfare or department of public health has resulted in patients admitted to public health hospitals with or entitled to Medicare identification numbers not being entitled to benefits under the Medicare program; and (e) the cost savings and revenue which will be generated from the billings required by this section.

SECTION 287. The tenth paragraph of section 150A of said chapter 111, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding the foregoing, however, or any general or special law to the contrary, no permit shall be granted to establish, construct, or newly operate a facility if the facility is located on a site some or all of which abuts or is within two thousand six hundred and forty feet of a boundary line between the city or town which assigned the site or within which the site is located and an abutting city or town.

SECTION 287A. Section 9I of chapter 112 of the General Laws, as appearing in section 2 of chapter 579 of the acts of 1989, is hereby amended by striking out, in line 2, the words "July first, nineteen hundred and ninety" and inserting in place thereof the words:- March first, nineteen hundred and ninety-one.

SECTION 288. Section 1 of chapter 117 of the General Laws, as amended by section 82 of chapter 653 of the acts of 1989, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Any person who is eligible for assistance under the provisions of this chapter who is not maintaining his own home and who is receiving care in a licensed nursing home, a licensed chronic hospital, a licensed rest home, an approved public medical institution, or a public psychiatric institution shall retain the first sixty dollars of monthly income for clothing, personal needs allowance, and leisure time activities. If there is no such income, or if such income is less than sixty dollars the recipient shall be paid monthly, in advance, the difference between such income and sixty dollars. The admission of a person receiving assistance under the provisions of this chapter to a public psychiatric institution for less than two months shall not qualify said person for an allowance under this section, nor shall temporary admission affect the amount of benefits paid under this chapter until two months following the commencement of a temporary admission.

SECTION 289. Section 1 of said chapter 117 of the General Laws, as amended by said section 82 of chapter 653 of the acts of 1989, is hereby further amended by striking out the fifth paragraph.

SECTION 289A. Section 4 of chapter 118E of the General Laws is hereby amended by inserting after the first paragraph the following paragraph:-

The medical assistance program authorized under this chapter shall accept, process, and pay all claims from a participating provider for medically necessary services covered under the program, delivered to an eligible recipient. For participating providers of inpatient services, the medical assistance program shall pay otherwise payable claims where such claims are submitted on a monthly basis prior to discharge of an eligible recipient. The department may pay claims submitted more frequently than monthly at the discretion of the commissioner.

SECTION 290. Section 4 of chapter 118E of the General Laws, as amended by section 84 of chapter 653 of the acts of 1989, is hereby further amended by adding the following paragraph:-

As a method of providing medical care and assistance to its recipients, the department is authorized to contract with any fiscal agent, institution, health insurer, health maintenance organization, health plan, management service or consultant firm consistent with the requirements of 42 CFR Part 434 to administer all or part of the services and benefits available under this chapter; or, to establish a health maintenance organization; provided, that said health maintenance organization shall be operated in accordance with applicable federal and state law; and, provided further, that said health maintenance organization shall be subject to the provisions of chapter one hundred and seventy-six G and section fifty-nine of chapter six A.

SECTION 291. Said chapter 118E is hereby further amended by inserting after section 4A the following section:-

Section 4B. Pursuant to the second paragraph of section four, the department shall enter into negotiated rate contracts with nursing homes that recognize the acquisition cost, or portion thereof which exceeds the allowable basis under relevant regulations of the rate setting commission, as the allowable basis of fixed assets where there has been a change of ownership effective on or after January first, nineteen hundred and eighty-seven, provided that:

(i) the new owner has received a determination letter from the Internal Revenue Service that it is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; and

(ii) the new owner is a nonprofit hospital within the commonwealth licensed by the department of public health, or is a nonprofit organization affiliated with a nonprofit hospital which is organized and operated for the benefit of, to perform one or more functions of, or to carry out one or more of the purposes of the nonprofit hospital it is affiliated with, including operation of freestanding nursing homes licensed by the department of public health; and

(iii) the new owner demonstrates that on average not less than eighty-five percent of its patient population is a recipient of medical assistance under this chapter; and

(iv) the new owner demonstrates that in the nonprofit hospital it operates it has an average of administratively necessary patient days that is fifty percent of the regional average of administratively necessary patient days as calculated by the department; and

(v) the new owner demonstrates that in the nonprofit hospital it operates that on average it has not less than eighty percent occupancy of medical or surgical beds; and

(vi) the change of ownership did not occur between a person or organization which is associated or affiliated with or has control of or is controlled by the new owner or is related to the new owner or any director, trustee, partner, shareholder or administrator of the new owner by common ownership or control or in a manner specified in section 267(b) and (c) of the Internal Revenue Code of 1986; and

(vii) the change of ownership was made for reasonable consideration; and

(viii) the change of ownership was a bona fide transfer of all powers and indicia of ownership; and

(ix) the change of ownership manifested an intent to sell the assets of the facility rather than implement a method of financing, or refinancing; and

(x) the department of public health certifies the need for additional beds for publicly-assisted residents in the geographical area; and

(xi) such geographical area is reasonably isolated which isolation creates difficulties in obtaining access to nursing home care; and

(xii) the new owner obtains at least two independent appraisals of the property; and

(xiii) the department of public welfare and the department of public health have determined that the transaction is necessary to ensure the safety of patients as evidenced by current or anticipated delicensure or decertification proceeding against the current owner; provided however, that the provisions of clauses (xii) and (xiii) of paragraph (a) shall only apply to nursing homes acquired after July first, nineteen hundred and ninety; or

(b)(i) the new owner acquired the facility from an acute care hospital to operate the nursing home pursuant to relief granted to the acute care hospital by the acute care hospital conversion board pursuant to section one hundred and one of chapter six A; and

(ii) the acute care hospital conversion board approves the new owner's acquisition cost; and

(iii) the new owner demonstrates that on average, not less than eighty-five percent of its patient population is receiving medical assistance under this chapter.

If the department is unable to calculate regional averages for administratively necessary patient days pursuant to clause (a)(iv) of this section, the new owner shall be able to receive the acquisition cost, or the portion thereof which exceeds the allowable basis under relevant regulations of the rate setting commission, as the allowable basis of the fixed assets as a result of a change of ownership if the new owner otherwise complies with clauses (i) to (iii), inclusive, and clauses (v) to (xiii), inclusive of paragraph (a).

SECTION 292. Said section 6 of said chapter 118E, as amended by section 85 of said chapter 653, is hereby further amended by inserting after the second paragraph the following paragraph:-

The department shall develop regulations and procedures requiring a recipient of medical assistance under this chapter to participate in a program of managed care, upon determination by the department, pursuant to the provisions of 42 USC 1396n(a), subject to appeal by the recipient, that said recipient has demonstrated a pattern of excessive or inappropriate utilization of a covered benefit.

SECTION 293. Said section 6 of said chapter 118E, as amended by said section 85 of said chapter 653, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Any person who is eligible for assistance under the provisions of this chapter who is not maintaining his own home and who is receiving care in a licensed nursing home, a licensed chronic hospital, a licensed rest home, an approved public medical institution, or a public psychiatric institution shall retain the first sixty dollars of monthly income for clothing, personal needs allowance, and leisure time activities. If there is no such income, or if such income is less than sixty dollars, the recipient shall be paid, in advance, the difference between such income and sixty dollars.

SECTION 294. Said section 6 of said chapter 118E, as amended by section 85 of said chapter 653, is hereby further amended by striking out the last paragraph.

SECTION 295. Section 6A of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

The department shall further establish a program of assistance for persons forced to leave employment due to the onset or worsening of a severe and chronic disability or illness or whose access to employer sponsored health insurance is jeopardized by a substantial reduction in work hours as a result of such disability or illness. The benefits of such program shall provide for assistance in paying health insurance premiums offered through a group plan of health insurance sponsored by the employer for those persons whose continuing disability or illness would likely result in their becoming eligible for benefits under this chapter; provided that the cost of such benefits shall be paid, in part, by payments from such persons according to a sliding fee schedule established by the department.

SECTION 296. Chapter 118E of the General Laws is hereby amended by inserting after section 6B the following two sections:-

Section 6C. Multiple source drugs listed in the Massachusetts list of interchangeable drug products established pursuant to the provisions of section thirteen of chapter seventeen of the General Laws and regulations adopted thereunder shall not be reimburseable except for the "Massachusetts maximum allowable cost", as defined by regulations of the department, unless the department grants prior authorization based upon the provision of written documentation by the practitioner to the department that satisfactorily demonstrates that a recipient's medical condition requires the use of a non-generic drug or unless the practitioner writes on the face of the prescription in his or her own handwriting the words "brand name medically necessary" under the words "no substitution" in a manner consistent with applicable state law; provided that a pharmacist dispensing in accordance with this section shall be exempt from the provisions of the fourth paragraph of section twelve D of chapter one hundred and twelve.

Section 6D. The department may purchase on behalf of any person eligible for assistance under this chapter medical insurance furnished in accordance with the provisions of chapter one hundred and seventy-five, one hundred and seventy-six A, one hundred and seventy-six B or one hundred and seventy-six G, provided that such medical insurance, in conjunction with any supplemental coverage that may be made available to such person by the department under this chapter, would enable said person to obtain medical care and services comparable to those afforded any other similar eligible person under this chapter, at no greater cost to such person or the department. The third party liability unit of the department is hereby authorized to establish services and procedures which seek to maximize and coordinate the utilization of health care benefits provided under any such purchase of medical insurance for such person.

SECTION 297. Said chapter 118E is hereby further amended by striking out section 16, added by section 87 of chapter 653 of the acts of 1989, and inserting in place thereof the following section:-

Section 16. There shall be no adjustment or recovery of medical assistance correctly paid, except from the estate of an individual who was sixty-five years of age or older when he received such assistance, and then only after the death of his surviving spouse, if any, and only at a time when he has no surviving child who is under age twenty-one or is blind or permanently and totally disabled.

The department is authorized to solicit and collect contributions from relatives of any individual who is a patient in a long-term care institution and who is an applicant for or recipient of medical assistance under this chapter.

The department is authorized to establish contribution programs that shall entail mandatory or voluntary contributions; provided, however, that under a program of mandatory contributions, no contribution greater than two percent of the total medical assistance payment made annually by the department to the long-term care institution on behalf of said patient shall be required; provided, further, that no contributions shall be required of any person who is a member of a household with an income that is less than three hundred percent of the federal poverty standard; and provided, further, that for this purpose income shall be determined after any expenditures required by this chapter. The department may also solicit and collect voluntary contributions from any member of the general pubic who wishes to make such a contribution. For the purposes of this section, "relatives" of such individual shall mean his spouse, his children by blood, marriage, or adoption, his grandchildren who have reached the age of twenty-one; or, where such individual is a minor in a long-term care institution, his parents and grandparents by blood or adoption.

The department shall send to the relatives of such individual, at least annually, an itemized list of all payments made by the medical assistance program on behalf of said individual, together with, in the case of a voluntary program, a request for voluntary contributions or, in the case of a mandatory program, a bill for two percent of such total charges which shall be the obligation of the relative to pay to the department. The department is authorized to request of all said individuals a listing of relatives and other pertinent information, and to promulgate regulations for the administration of the contributions programs. The department shall issue to each person who makes a contribution under this section a receipt for the contribution.

The making of such contributions by relatives of an applicant for or recipient of medical assistance shall not be a precondition of or requirement for obtaining or maintaining eligibility for medical assistance under this chapter, nor shall any such contributions be considered income or resources available to an applicant for or recipient of medical assistance if such contributions are made by an individual who is not a responsible relative as defined by the provisions of Title XIX of the Social Security Act as amended and the regulations promulgated thereunder.

Contributions made pursuant to the provisions of this section shall be deposited in the Long-Term Care Trust Fund established pursuant to section sixteen B.

SECTION 297A. Chapter 130 of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2B. There is hereby established a fund to be known as the Marine Fisheries Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A, such sums as are received by the commonwealth pursuant to sections seventeen and seventy-seven of chapter one hundred and thirty, such sums received for licenses certifies and permits issued in accordance with section eighty-three of said chapter one hundred and thirty, criminal fines or their criminal penalties relating to marine fish and fisheries, such sums as are credited from other funds for the propagation and management of marine fish and shellfish resources and all sums received by the commonwealth from the federal government on account of the activities of the division of marine fisheries. All monies in said fund shall be appropriated for the purpose of maintaining, managing, and operating the division of marine fisheries in carrying out its functions including such appropriations are necessary to assure the proper administration of said division.

SECTION 298. Said chapter 118E is hereby further amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. There shall be no adjustment or recovery of medical assistance correctly paid, except from the estate of an individual who was sixty-five years of age or older when he received such assistance, and then only after the death of his surviving spouse, if any, and only at a time when he has no surviving child who is under age twenty-one or is blind or permanently and totally disabled.

SECTION 299. Section 16A of chapter 118E of the General Laws, inserted by section 1 of chapter 329 of the acts of 1989, is hereby amended by striking out the first two paragraphs.

SECTION 300. Chapter 118E of the General Laws is hereby further amended by striking out section 16B and inserting in place thereof the following three sections:-

Section 16B. There is hereby established on the books of the commonwealth a Long-Term Care Trust Fund to which shall be deposited all contributions collected by the department pursuant to section sixteen. All interest earned on the amount in said trust fund shall be deposited or retained in said trust fund.

Amounts from this trust fund may be expended, subject to appropriation, on care for recipients of long-term care benefits under this chapter or for services otherwise authorized pursuant to this chapter.

Section 16C. (a) Notwithstanding any general or special law to the contrary, upon the death of any individual sixty-five years of age or older, the department shall, to the extent it has paid medical assistance under this chapter to or on behalf of such individual who was sixty-five years of age or older when such individual received such assistance, have a lien for the amount of said assistance on the real and personal property of the decedent to the extent includable in the Massachusetts probate estate of the decedent; provided, however, that such lien shall not apply to the extent that such estate has paid or will pay the following: (1) federal and Massachusetts estate taxes; (2) funeral expenses; (3) unpaid mortgages; and (4) expenses of administration. The provisions of paragraphs (c), (d) and (e) of section fourteen of chapter sixty-five C shall apply to the lien created by this section. Notwithstanding the provisions of this paragraph, no such lien shall be imposed pursuant to this section on any estate administered pursuant to sections sixteen or sixteen A of chapter one hundred and ninety-five. Unless the amount payable hereunder is sooner paid in full, any lien created by this section shall expire ten years from the date of death of the decedent, or ten years from the time that no condition listed in paragraph (c) exists, whichever is later.

(b) The amount due under this section shall be paid by the personal representative of the decedent. The term "personal representative", as used in this section, shall mean the personal representative, the executor or the administrator of the decedent's estate, or, if there is no executor or administrator appointed, qualified and acting within the commonwealth, then any person in actual or constructive possession of any property of the decedent. The probate court may authorize a personal representative to sell so much of the property of the estate as will enable him to pay such amount due under this section.

(c) In the event the deceased left a surviving spouse, a child under twenty-one years of age, or a blind or permanently and totally disabled child, the personal representative may defer making any payment due under this section without incurring any penalty or interest until such time as there is no longer a surviving spouse, a child under twenty-one years of age, or a blind or permanently and totally disabled child.

(d) Within four months of the personal representative being appointed, the personal representative of any estate where the deceased was sixty-five years of age or older shall make written application to the department of revenue, on a form prescribed by such department, for a determination of the amount due under this section. The department of revenue shall furnish such determination of the amount due within ninety days of receiving such application. Said determination shall be final; provided, however, that any personal representative may appeal said determination to the department of revenue. No payments shall be due while an appeal under this section is pending; provided, however, interest shall accrue as provided in paragraph (e) on any amount ultimately found due.

(e) All amounts due under this section shall be paid within one year from the date of death or within sixty days of the date of the department of revenue's determination of the amount due, whichever is later. The commissioner of revenue may extend the time for payment of such amount pursuant to section ten of chapter sixty-five C. In the event timely payment is not made and provided no extension has been granted by said commissioner, interest shall begin to accrue at the rate provided for under section six B of chapter two hundred thirty-one. In the event the personal representative fails to make application within four months as provided in paragraph (d), interest shall accrue commencing four months from the date of death.

(f) The estate of the deceased and the personal representative, upon payment of the amount determined to be due under this section, shall be discharged from any liability for any deficiency later found due. Upon such discharge, the department of revenue shall issue a certificate of release, in recordable form, of all liens imposed by this section, which certificate shall constitute conclusive evidence of the discharge of liability under this section. Upon application by any person, if a determination is made that no amount is due from an individual or his estate under this section, the department of revenue shall issue such certificate of release of liens imposed by this section.

Section 16D. Notwithstanding the provisions of sections sixteen, sixteen A, and sixteen C, a person receiving medical assistance who has obtained long term care insurance whose coverage meets the requirements of 211 CMR 65.00 shall not be liable for the payment of medical assistance correctly paid to or on such person's behalf. No mandatory contributions shall be required from such person's relatives pursuant to section sixteen, no claims may be made by the department against such person's estate pursuant to section sixteen A and no lien shall be imposed pursuant to section sixteen C on such person's estate. The department shall promulgate regulations to enforce the provisions of this section.

SECTION 301. Section 19 of chapter 118F of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 4, the word "ninety-two" and inserting in place thereof the word:- ninety-four.

SECTION 302. Paragraph (6) of said section 19 of said chapter 118F, as so appearing, is hereby amended by striking out, in lines 47 and 52, the word "ninety" and inserting in place thereof, in each instance, the word:- ninety-two.

SECTION 303. Paragraph (9) of said section 19 of said chapter 118F, as so appearing, is hereby amended by striking out, in lines 66 and 70, the word "ninety-two" and inserting in place thereof, in each instance, the word:- ninety-four.

SECTION 304. Sections three, four, five, six and seven of chapter one hundred and twenty-three A of the General Laws are hereby repealed.

SECTION 305. Section 3 of chapter 128A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following paragraph:-

Every licensee shall keep conspicuously posted in various places on its premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.

SECTION 306. Chapter 130 of the General Laws is hereby amended by striking out section 21, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 21. The director shall devise a system of statistical information useful to the commercial and recreational fishing industry of the commonwealth and may collect and compile fishery statistics obtained thereunder. He may require for such purposes statistical reporting from all fishermen, wholesale and retail fish dealers and fish processors on such forms and at such time to be determined by him. Said statistical reports shall be signed and submitted under the pains and penalties of perjury and subject to chapter sixty-six and chapter sixty-six A, shall be held strictly confidential by the director and shall not be disclosed except in compliance with a valid court order. The director may, by regulation, prescribe such procedures as may be necessary to preserve such confidentiality, except that the director may release or make public any such statistics in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person who submits such statistics.

Any license, permit or certificate issued by the division to any person who refuses or fails to submit, or knowingly submits a false statistical report shall be suspended and surrendered to the director. Persons who fail to submit, or knowingly file a false report shall not have issued to them a new license, permit or certificate until an accurate statistical report is submitted to the director.

The director may enter into cooperative agreements with local, state or federal authorities for the purpose of joint conservation and management of marine fisheries and for the implementation and enforcement of rules and regulations relative thereto, and may, subject to chapter thirty A, implement any regulations as developed and recommended by the Atlantic States Marine Fisheries Commission.

The director shall, from to time, prepare and distribute bulletins and reports embodying statistical and other information relative to marine fisheries. He shall also assist and cooperate with local authorities in the promulgation of rules and regulations for the protection and conservation of marine fisheries.

Whoever violates any provisions of this act shall be fined not less than one hundred dollars nor more than one thousand dollars.

SECTION 307. The first paragraph of section 80 of chapter 130 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Notwithstanding any contrary provision contained in this section, a person who has in his possession a commercial fisherman permit for rod and reel may take by rod and reel or by diving and sell fin fish lawfully taken from the coastal waters.

SECTION 308. The last paragraph of said section 80 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Whoever violates any provision of this section shall be punished by a fine of not less than ten dollars nor more than ten thousand dollars or by imprisonment for not more than three years, or both.

SECTION 309. Said chapter 130 is hereby further amended by striking out section 83, as so appearing, and inserting in place thereof the following section:-

Section 83. For the purposes of defraying the costs of the division's research, management and other activities including administrative and operating expenses, and the cost of issuing the following resident and nonresident permits and any inspections relative thereto, resident and nonresident permit fees, the amounts which shall be determined by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof, shall be paid to the director by the person to whom the same is issued for any calendar year or part thereof.

A. Commercial Fisherman (For the taking of fish for sale)

Individual (For named individual only)

Shellfish

Rod and Reel - Unlimited (For the sale of fin fish lawfully taken by rod and reel or by diving)

Boat (100 feet or more in total length) (60 to 99 feet in total length) (Up to 59 feet in total length)

Lobster (For the taking of lobsters for sale)

Seasonal Lobster

B. Wholesale Dealer (Any wholesaler dealing in fresh or raw fish)

C. Retail Dealer (Any retailer dealing in fresh or raw fish)

D. Special Permits

Non-Commercial Lobster and Crab (Up to 10 pots and/or diving privileges)

Master Digger

Subordinate Digger

Regulated Fishery (For fishing in special areas)

Domestic Processing Vessel

Foreign Processing Vessel

Other - Miscellaneous

E. Duplicate (Replacing Original).

SECTION 310. Section 2 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words "Nongame Wildlife", and inserting in place thereof the words:- Natural Heritage and Endangered Species.

SECTION 311. Section 5B of said chapter 131, as so appearing, is hereby amended by striking out, in line 26, the words "Nongame Wildlife" and inserting in place thereof the words:- Natural Heritage and Endangered Species.

SECTION 312. Section 11 of said chapter 131, as so appearing, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

The fee for a Massachusetts waterfowl stamp issued under section thirteen, the designated portion of said fee which may be retained by the authorizing agent or city or town clerk issuing such stamp and the amount which shall be transferred to the state treasurer for deposit and disbursement, shall be determined by the commissioner of administration annually pursuant to the aforementioned provision. The state treasurer shall forward upon request of the director and subject to annual appropriation, one dollar of the fee for each stamp issued to Ducks Unlimited, Inc., of Long Grove, Illinois pursuant to an agreement between the director and Ducks Unlimited, Inc. Such funds are to be used exclusively for waterfowl management in the Atlantic provinces of Canada. A written report shall be annually submitted to the division by Ducks Unlimited, Inc. setting forth what projects, activities and expenses were realized from the commonwealth's contribution. The state treasurer shall forward upon request of the director and subject to annual appropriation, up to three dollars of the fee for each stamp issued to the National Fish and Wildlife Foundation of Washington, D.C. for fulfillment of the North American Waterfowl Management Plan pursuant to an agreement between the director and the National Fish and Wildlife Foundation or to another nonprofit, waterfowl conservation and management organization whose purpose is to acquire, enhance, develop, or protect water fowl habitat with the approval of the Fisheries and Wildlife Board. Such funds are to be used exclusively for waterfowl management in the Atlantic provinces of Canada and the northeastern United States. A written report shall be annually submitted to the division by the National Fish and Wildlife Foundation and/or any other organization receiving funds, setting forth what projects, activities and expenses were realized from the commonwealth's contribution. Any unexpended balance shall be credited to the Inland Fisheries and Game Fund.

SECTION 313. Section 2 of chapter 132 of the General Laws is hereby amended by striking out the second sentence and inserting in place thereof the following sentences:- Said trust properties shall be known as the Forestry Trust and shall be used and expended under the direction of the commissioner and subject to his orders. Subject to the terms of such grant, gift, devise, or bequest, the commissioner may expend such funds without further appropriation whether principal or income.

SECTION 314. Chapter 132A of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. The commissioner of the department of environmental management hereinafter referred to as the commissioner may receive and hold in trust on behalf of the commonwealth, exempt from taxation, bequests or gifts to be used for the purpose of advancing the recreational and conservation interests of the commonwealth and shall administer the same in such manner as to carry out the terms of such bequests or gifts and he may accept on behalf of the commonwealth gifts of land outside the metropolitan park district to be held and managed for recreational and conservation purposes. Said trust properties shall be known as the Conservation Trust and shall be used and expended under the direction of the commissioner and subject to his orders. Subject to the terms of such grant, gift, devise, or bequest, the commissioner may expend such funds without further appropriation whether principal or income.

SECTION 314A. The second paragraph of section 7A of chapter 132A of the General Laws, as appearing in section 94 of chapter 653 of the acts of 1989, is hereby amended by inserting after the word "thirty-two A", in lines 4 and 5, the words:- and section sixteen of chapter two hundred and seventy.

SECTION 316. Section 6 of chapter 136 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following clause:-

(52) The retail sale of alcoholic beverages not to be drunk on the premises, (a) on the Sunday immediately preceding Christmas day and on the Sunday immediately preceding New Year's Day by retail establishments throughout the commonwealth licensed under section fifteen of chapter one hundred and thirty-eight, and (b) on any Sunday by any retail establishment licensed under the provisions of section fifteen of chapter one hundred and eight and located in any city of town in Middlesex county, Worcester county or in Essex county which city or town is located within ten miles of the New Hampshire border; provided, however, that a local licensing authority may grant at its discretion, a permit to allow the sale of alcoholic beverages under this clause; and provided, further, that no such sale shall occur unless such permit has been granted; and provided, further, that such permit shall not allow such sale to occur prior to the hour of twelve noon or on a legal holiday as defined in clause eighteenth of section seven of chapter four when said holiday occurs on one of the Sundays described herein; and provided, further, that establishments operating under the provisions of this clause shall compensate all employees at a rate of not less than one and one-half the employee's regular rate; and provided, further, that no employee shall be required to work, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty.

SECTION 317. Section 6 of chapter 150 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The application shall be accompanied by a filing fee, the amount of which shall be three hundred dollars or any greater fee which may be established by the commissioner of administration under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies.

SECTION 318. Subsection 1 of section 3 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words:- an office in the city of Worcester.

SECTION 319. Said section 3 of said chapter 151B, as so appearing, is hereby further amended by adding the following subsection:-

14. To accept gifts, contributions or bequests of funds or other aid from any source, whether public or private and from federal, state or other governmental bodies for the purpose of furthering the commissions mandate; provided, however, that all amounts received pursuant to this paragraph shall be deposited with the treasurer and made available to the commission for expenditure for any purposes authorized by this chapter.

SECTION 322. Section 5 of chapter 161A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out subsection (e>) and inserting in place thereof the following subsection:-

(e>) The authority shall establish the fare for transportation on its rapid transit, local bus service and commuter rail lines, for a person sixty-five and older who resides within the commonwealth.

SECTION 323. Said chapter 161A is hereby further amended by inserting after section 6 the following section:-

Section 6A. The directors may promulgate rules and regulations pertaining to the parking of motor vehicles in any terminals, stations, garages, yards, shops, parking lots, or parking garages owned or operated by the authority, but specifically excluding any streets, ways, highways, roads and parkways. The authority may, by a vote of the directors, adopt the provisions of section twenty A> of chapter ninety; provided, however, that the directors establish rules and regulations creating regional districts throughout the authority consisting of contiguous cities or towns within which the parking clerk shall regularly conduct hearings.

SECTION 324. Said chapter 161A is hereby further amended by inserting after section 19J the following section:-

Section 19K. All sums of money payable under the provisions of sections thirty-one, thirty-four, thirty-four A, thirty-five and thirty-five A of chapter one hundred and fifty-two directly to a retired member of the Massachusetts Bay Transportation Authority retirement system or to the legal representative or dependents of a deceased member on account of his death, including so much of the amount of any lump sum settlement payable under the provisions of such sections directly to any such persons as is allocable to the period following the retirement or death of such member, but excluding any payments for or amounts allocable to any period to the date his retirement allowance became effective, shall be offset against and payable in lieu of any pension payable on his account by reason of the same injury, but not against his accumulated total deductions or any annuity derived therefrom. If any such pension exceeds the compensation payable on account of such member under such provisions of chapter one hundred and fifty-two when both are reduced to the same periodical basis, the excess only shall be paid as a pension so long as such compensation continues. If any such pension is less than or equal to such compensation, no pension shall be paid so long as such compensation continues to be equal to or greater than such pension.

In all cases where a member or a beneficiary receives delayed compensation payments or an amount of any lump sum settlement payable directly to him under the provisions of sections thirty-one, thirty-four, thirty-four A, thirty-five or thirty-five A of chapter one hundred and fifty-two subsequent to his receipt of payments under any pension granted under the provisions of the Massachusetts Bay Transportation Authority retirement system by reason of the same injury, no further pension payments shall be made unless and until such time as the total amounts which by then would have been payable as compensation and pension together, if there had been no delay in making such compensation payments, shall exceed the total amounts of compensation and pension actually paid by them after due allowance in either case for the allocation of any such lump sum settlement.

If a member or a beneficiary entitled to a pension under the provisions of the Massachusetts Bay Transportation Authority retirement system, and also having a right to compensation under the provisions of chapter one hundred and fifty-two by reason of the same injury or death of such member, as the case may be, neglects or fails to prosecute fully such right or to cooperate with the Massachusetts Bay Transportation Authority retirement system in its prosecution thereof, as provided for by the provisions of section seventy-three of such chapter, said board may, during the period of such neglect or failure, suspend such member's or beneficiary's right to further payment. Under the circumstances set forth in the said section seventy-three, the duty of the board to prosecute shall be mandatory.

SECTION 325. The sixth paragraph of section 69H of chapter 164 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- In addition to said assessment amount, the assessment shall include amounts, to be credited to the General Fund, for fringe benefit costs, including group life and health insurance, retirement benefits, paid vacations and holidays, and sick leave, not to exceed fifteen percent of the amount attributable to personnel costs of said council subject to assessment under the provisions of this section.

SECTION 326. Section 69H of chapter 164 of the General Laws is hereby amended by adding the following two paragraphs:-

There shall be in the energy facilities siting council an integrated resource management section to perform the duties and functions of the council in relation to the administration and enforcement of integrated resource management regulations adopted by the council to ensure that utilities are planning adequately to provide a necessary energy supply for the commonwealth with minimum impact on the environment at the least possible cost.

For the purpose of providing said section with a portion of its operating funds to perform said duties and functions, the council is hereby authorized to make an assessment, in addition to other assessments, proportionally against each utility company under the jurisdiction and control of the department of public utilities, and subject to the council's integrated resource management regulations, based upon the intrastate operating revenues of each of said companies derived from wholesale and retail sales of each of said companies within the commonwealth as shown in the annual reports of said companies to the department. Said assessment shall be made at such a rate as shall be determined and certified annually by the council as sufficient to produce not more than four hundred and thirty thousand dollars in revenue for the fiscal year for which the assessment is made and shall be collected in a manner consistent with section seventeen A of chapter twenty-five. The council is also authorized to expend for the operation of the section such amounts which are appropriated through said council for that purpose.

SECTION 326A. Chapter 164 of the General Laws is hereby amended by inserting after section 69J the following section:-

Section 69J>. Notwithstanding the provisions of any general or special law to the contrary, the energy facilities siting council may charge a fee of seventy-five thousand dollars for each application to construct a facility that generates electricity. In the event that the application to construct a facility that generates electricity is accompanied by an application to construct one additional facility that does not generate electricity, said council may charge a fee of one hundred thousand dollars for the combined application. In the event that an application to construct a facility that generates electricity is accompanied by applications to construct two additional facilities that do not generate electricity, said council may charge a fee of one hundred and twenty-five thousand dollars for the combined application. In the event that an application to construct a facility that does not generate electricity is filed separately, said council may charge a fee of seventy-five thousand dollars for each such application; provided, however, that, should said council deem it warranted, it may charge a lower fee, not to be less than twenty-five thousand dollars, for applications to construct facilities that do not generate electricity and that are below a size to be determined by the council. Said fees shall be payable upon issuance of the notice of adjudication and public hearing. Said fees shall apply to all applications filed on or after August fifteenth, nineteen hundred and eighty-nine.

None of the fees described above shall be required of applicants that are utility companies subject to the jurisdiction of the said council that are assessed annually for the expenses of said council.

Said council may retain said fees for the purpose of reviewing applications to construct facilities. Any remaining balances of said fees at the end of a fiscal year shall not revert to the General Fund, but instead shall be available to said council during the following fiscal year for the purposes provided herein.

The fees collected pursuant to this section shall be used to ensure that an appropriate number of staff members and other resources are dedicated to the review of applications to construct facilities. Said council shall endeavor to complete the review of applications filed by applicants that are not utility companies in seven months from the date of the last public informational hearing, and shall endeavor to complete the review of applications filed by utility companies in twelve months from the date of the last public informational hearing; provided, however, that it may not be possible to achieve these target periods in the case of applications that raise unusual issues or circumstances. Said council shall issue an annual report setting forth the following: the number of facility applications filed, decided and pending; the average duration of review; and the average staffing levels.

Nothing contained in this section shall be interpreted as changing said council's statutory mandate, or the type of transmission line facilities that may be constructed by applicants that are not utilities. Nothing contained in this section shall be interpreted as changing the council's regulations or body of precedent, or interpreted as changing the rights of intervenors before the council.

SECTION 327. Paragraph (d) of section 9 of chapter 197 of the General Laws, as appearing in section 5 of chapter 329 of the acts of 1989, is hereby amended by striking out, in lines 3 to 5, inclusive, the words "notice to be given to the department of public welfare and such department's claim for recovery under the provisions of section sixteen of" and inserting in place thereof the words:- department of public welfare's claim for recovery under.

SECTION 328. Chapter 211A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following section:-

Section 17. The chief justice of the appeals court may, subject to the approval of the chief justice of the supreme judicial court, grant a leave of absence for study, research, teaching, or such other reason as said chief justice of the appeals court deems appropriate to the improved administration of justice, to an associate justice of said appeals court, said leave to be for a period not to exceed one year. Any judge who is authorized to take a leave of absence shall not receive any pay during the period of such leave of absence. Provided, however, that time spent on a leave of absence shall be credited to the judge for retirement purposes. The chief justice in approving such leaves shall consider the speedy dispatch of judicial business. The chief justice of the appeals court, in consultation with the supreme judicial court, shall establish and promulgate standards governing the approval of such leaves including procedures for the submission and disposition of requests for leave.

No leave of absence under this section shall be granted prior to the seventh year of service or within one year of retirement. A justice granted a leave of absence under this section shall not be eligible to take another leave of absence until the expiration of seven years following his return to judicial duties.

All statutory requirements and rules of court pertaining to justices shall continue to be applicable to a justice while he is on a leave of absence pursuant to this section.

SECTION 329. Chapter 211B of the General Laws, as so appearing, is hereby further amended by adding the following section:-

Section 19. An administrative justice of the trial court may, subject to the approval of the chief administrative justice, grant a leave of absence for study, research, teaching, or such other reason as said administrative justice deems appropriate to the improved administration of justice, to a judge of said department, said leave to be for a period not to exceed one year. Any judge who takes an approved leave of absence shall not receive pay during the period of the leave of absence; provided, however, that time spent on leave of absence shall be credited to the judge for retirement purposes. The chief administrative justice in approving such leaves shall consider the speedy dispatch of judicial business, including reassignment of judges pursuant to section nine. The chief administrative justice, in consultation with the administrative justices, shall establish and promulgate standards governing the approval of such leaves including procedures for the submission and disposition of requests for leave.

No leave of absence under this section shall be granted prior to the seventh year of service or within one year of retirement. A judge granted a leave of absence under this section shall not be eligible to take another leave of absence until the expiration of seven years following his return to judicial duties.

All statutory requirements and rules of court pertaining to judges shall continue to be applicable to a judge while he is on a leave of absence pursuant to this section.

SECTION 330. Chapter 211D of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. Any person provided counsel under the provisions of this chapter shall be assessed a legal counsel fee of forty dollars which may be waived at the discretion of the court. Said fee shall be in addition to any reduced fee required pursuant to section two and shall be collected in accordance with said section.

SECTION 331. Paragraph (b) of section 6 of chapter 211D of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The committee shall enter into contractual agreements with any state, county or local bar association or voluntary charitable group, corporation or association, including bar advocate groups, for the purpose of providing such counsel.

SECTION 332. Section 10 of said chapter 211D, as appearing in the 1988 Official Edition, is hereby amended by adding the following sentence:- The committee shall also establish procedures whereby comments on the standard of performance of counsel in its divisions may be submitted by the justice hearing a particular matter.

SECTION 334. Clause (9) of the first paragraph of section 62 of chapter 218 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding after the line reading "Worcester juvenile court" the following line:- district court of Chicopee.

SECTION 335. The second paragraph of said section 62 of said chapter 218, as so appearing, is hereby amended by inserting after the word "Chelsea", in line 61, the words:- , in the district court of Chicopee.

SECTION 336. Section 1 of chapter 258A of the General Laws, as so appearing, is hereby amended by striking out the definition of "Crime" and inserting in place thereof the following two definitions:-

"Claimant", a person who applies for compensation or who is eligible to apply for compensation under this act.

"Crime", an act committed by an adult or a juvenile which, if committed by a mentally competent, criminally responsible adult, who had no legal exemption or defense, would constitute a crime; provided, however, that such act involves the application of force or violence or the threat of violence by the offender upon the victim. The word "crime" shall include any violation of any provision of sections twenty-four to twenty-four O, inclusive, of chapter ninety or any violation of chapter two hundred and nine A which results in serious physical injury to the victim or the death of the victim. The word "crime" shall apply to an act committed in the commonwealth, including land subject to federal jurisdiction, except in the limited circumstance that such act occurred in a state which does not have a crime victim compensation program for which a resident of the commonwealth would be eligible, and such act constitutes a crime as herein defined.

SECTION 337. Said section 1 of said chapter 258A, as so appearing, is hereby further amended by striking out the definition of "Victim" and inserting in place thereof the following definition:-

"Victim", a person who suffers personal injury or death as a direct result of a crime as herein defined.

SECTION 338. The third paragraph of section 2 of said chapter 258A, as so appearing, is hereby amended by striking out the second sentence.

SECTION 339. Section 3 of said chapter 258A, as so appearing, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) In the case of the death of a minor victim as a direct result of a crime, any person who incurs a legally enforceable indebtedness reasonably incurred for medical care to the victim or for necessary services required because of said crime shall be eligible for compensation for said care and services. An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by the offender. A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender. A claimant shall be eligible for compensation only if the claimant cooperates with law enforcement in the investigation and prosecution of the crime in which the victim was injured, unless the claimant demonstrates that he or she possesses or possessed a reasonable excuse for failing to cooperate.

SECTION 340. Section 4 of said chapter 258A, as so appearing, is hereby amended by adding the following paragraph:-

Pursuant to the provisions of chapter thirty A, the attorney general may promulgate regulations to implement his responsibilities under this chapter. The attorney general may apply for and accept on behalf of the commonwealth any funds, including grants, from any person or governmental agency. Such funds shall be deposited in a separate account with the state treasurer and may be expended for the compensation of victims of violent crime.

SECTION 341. Section 5 of said chapter 258A, as so appearing, is hereby amended by adding the following paragraph:-

A claimant shall not, except pursuant to regulations issued in accordance with section four be denied compensation because of the claimant or victim's familial relationship with the offender, or because of the sharing of a residence by the victim or claimant and the offender.

SECTION 341A. The first paragraph of section 8 of chapter 258B of the General Laws, as amended by section 1 of chapter 362 of the acts of 1989, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:- When multiple civil motor vehicle infractions arising from a single incident are charged, the total assessment shall not exceed fifty dollars; provided, however, that the total assessment against a person who has not attained seventeen years shall not exceed thirty dollars.

SECTION 342. Section 16 of chapter 270 of the General Laws is hereby amended by adding the following paragraph:-

Chief park rangers and park rangers shall have the authority to enforce this section on state forests, reservations, parks, rinks, pools, piers and other facilities and properties under the jurisdiction of the department of environmental management. In addition to the fines imposed under this section, the violator may be held liable for costs associated with the identification, removal and disposal of said materials.

SECTION 343. The second paragraph of section 87A of chapter 276 of the General Laws, as appearing in the 1988 Official Edition, is amended by striking out the first sentence and inserting in place thereof the following sentence:- The court shall assess upon every person placed on supervised probation a monthly probation supervision fee, hereinafter referred to as "probation fee", in the amount of thirty dollars per month.

SECTION 344. The last paragraph of said section 87A of said chapter 276, as appearing in the 1988 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Said probation fee shall be collected by the several probation offices of the trial court and transmitted to the state treasurer who shall establish and administer a court improvement fund. The treasurer shall disburse monies from the fund only at the direction of the chief justice of the supreme judicial court. The monies shall be used in accordance with guidelines established by the chief justice in consultation with the chief justice of the appeals court and the chief administrative justice of the trial court department. The monies in the fund may be used for court facility improvements, personnel training, equipment and for the purchase of services which are needed for the efficient administration of justice. Monies expended from the fund shall be used to supplement, and not supplant, general appropriations for the judiciary. The chief justice of the supreme judicial court shall include an annual report detailing how monies from the fund were expended in his budget request for the subsequent fiscal year.

SECTION 345. The first paragraph of section 2 O of chapter 29 of the General Laws, inserted by section 16 of chapter 121 of the acts of 1990 is hereby amended by inserting after the words "enhancement agreement", in line 22, the words:- , and (iv) for capital projects and capital assistance funds for regional transit authorities as described in section twenty-three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five.

SECTION 346. Said section 2 O of said chapter 29 is hereby further amended by adding the following paragraph:-

Notwithstanding the provisions of section thirteen of chapter sixty-four A or any other general or special law to the contrary, no more than ten percent of the net fiscal year receipts in any fiscal year prior to July first, two thousand, under the excise imposed in section four of said chapter sixty-four A, including all amounts received as a result of penalties, forfeitures, interest, cost of suits and fines, less any amounts reimbursed under sections seven and seven A of said chapter sixty-four A, shall be expended for the construction of the central artery/third harbor tunnel project. If, in any such fiscal year, less than ten percent of the net fiscal year receipts is expended for such construction, the difference between ten percent of the net fiscal year receipts and the amount actually expended on such construction during that fiscal year shall be available during that or any subsequent fiscal year for any other construction or reconstruction purpose, or in any subsequent fiscal year for central artery/third harbor tunnel construction; provided, however, amounts of said ten percent net fiscal year receipts expended in any fiscal year for purposes other than the central artery/third harbor tunnel construction project as hereinbefore provided, shall be available for expenditure for central artery/third harbor tunnel construction in any subsequent fiscal year. If the above-described difference is used in a subsequent year for such central artery/third harbor tunnel construction, the total amount used for such central artery/third harbor tunnel construction during that subsequent fiscal year may exceed the ten percent of net fiscal year receipts permitted by this section, provided that the total amount used for such construction shall not exceed twenty percent of the net fiscal year receipts in that subsequent fiscal year. Further, notwithstanding the foregoing, no more than twenty percent of the special receipts received in any fiscal year shall be paid in that or any subsequent fiscal year for debt service on bonds or notes or portions thereof, issued to finance the central artery/third harbor tunnel project, so-called, or for direct expenditures on such project, and any trust agreement or credit enhancement agreement entered into by the commonwealth pursuant to this section, shall contain a covenant to such effect.

SECTION 347. Said chapter 29 is hereby further amended by inserting after section 2 O, inserted by section 16 of chapter 121 of the acts of 1990, the following section:-

Section 2P. Allocation of revenues under the sections two M, two N and two O and to the Commonwealth Liability Reduction Fund established by chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine shall be determined by the commissioner of revenue according to his best information and belief.

SECTION 348. Paragraph (1) of subsection (d) of section 2 of chapter 62 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following subparagraph:-

(K) The deduction allowed by section one hundred and sixty-four (f) of the Code.

SECTION 349. Section 39 of chapter 63 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following paragraph:-

A foreign corporation shall not be subject to tax under this chapter if the foreign corporation is engaged in the business of selling tangible personal property and taxation of that foreign corporation under this chapter is precluded by the Constitution or laws of the United States, or would be so precluded except for the fact that the foreign corporation stored tangible personal property in a licensed public storage warehouse, provided, that no portion of any warehouse which is owned or leased by a consignor or consignee of the tangible personal property shall be deemed a licensed public warehouse.

SECTION 349A. Paragraph (k) of section 4 of chapter 268B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following two sentences:- If the court so substantially modifies or sets aside the commission order or so remands the proceedings to the commission the employee shall be entitled to be reimbursed for all costs incurred by him in the defense of the charges contained in said proceedings including attorneys fees which shall be determined and awarded by the court. Reimbursement of such costs shall be applicable to state, county or municipal employees whose conduct is so regulated by the provisions of chapter two hundred and sixty-eight A and chapter two hundred and sixty-eight B.

SECTION 350. Section 8B of chapter 15 of the acts of 1988, inserted by section 75 of chapter 121 of the acts of 1990, is hereby amended by striking out, in line 8, the words "four hundred and eight" and inserting in place thereof the words:- four hundred and eighty.

SECTION 351. Section 7 of chapter 64A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "fuel", in line 1, the words:- other than aviation fuel. `tm;keep=yes

SECTION 352. Section 6 of said chapter 64H, as so appearing, is hereby amended by adding the following paragraph:-

(qq) Sales of gas, steam, electricity, heating fuel, or any service as defined in section one, except telecommunication services, to any business which has five or fewer employees. For purposes of this paragraph, employees shall include partners, owners, officers and any other individuals who work for the business but shall not include any employee who normally works for fewer than thirty hours per week or who is hired for a period of less than five months. For purposes of this paragraph, a business shall include all members of an affiliated group, as defined by section 1504 of the Internal Revenue Code, and any other combination of related parties as the commissioner may define by regulation; provided, however, that the commissioner may by regulation require that such business shall have first obtained a certification from the commissioner stating that it is entitled to such exemption and shall maintain such employment and other records indicating its continuing eligibility for such exemption; that the vendor keep a record of the sales price of each such separate sale, and the number of such certificate; and any other conditions and requirements under which a business may qualify for this exemption; provided, further, that the burden of proving that such business qualifies shall be upon the vendor unless he takes in good faith from the purchaser such certificate to the effect that the business qualifies for this exemption and such certificate is received and made available to the commissioner not later than sixty days from the date of the notice from the commissioner to produce such certificate.

SECTION 353. Section forty-one of chapter one hundred and twenty-one of the acts of nineteen hundred and ninety is hereby repealed.

SECTION 353A. Chapter 64C of the General Laws is hereby amended by striking out section 28, as amended by section 41 of chapter 121 of the acts of 1990, and inserting in place thereof the following section:-

Section 28. All sums received under this chapter as excises, penalties, forfeitures, interest, costs of suits and fines, less all amounts refunded or abated thereunder, shall be credited as follows:

(a) Forty percent of the amount in excess of one hundred sixty-nine million, eight hundred thousand dollars received during a fiscal year shall be credited to the Local Aid Fund.

(b) Eighty and seventy-seven hundredths percent of the balance remaining after crediting the amount required under paragraph (a) shall be credited to the General Fund.

(c) Nineteen and twenty-three hundredths percent of the balance remaining after crediting the amount required under said paragraph (a) shall be credited to the Highway Fund.

SECTION 354. The definition of "services" in section 42 of chapter 121 of the acts of 1990 is hereby amended by adding the words "provided to businesses" after each of the following phrases: "photographic studios (SIC 7221)"; "commercial photography services (SIC 7335)"; "credit reporting and collection services (SIC 732)"; "commercial art and graphic design services (SIC 7336)"; "computer maintenance and repair services (SIC 7378)"; "detective, guard, armored car services (SIC 7381)"; "security system services (SIC 7382)"; "surveying services (SIC 8713)"; "piped-in music"; and "court reporting and stenographic services".

SECTION 355. Said definition of "services" in said section 42 of chapter 121, is hereby further amended by inserting in the second to last sentence after the word "all" the following word:- such.

SECTION 356. Said definition of "services" in said section 42 of said chapter 121 is hereby further amended by striking the phrase "excluding those amusements and recreation services with a single event sales price of thirty dollars or less (SIC 799)"; and inserting in place thereof the following phrase:-

(SIC 799), excluding those amusement and recreation services (1) with a single event sales price of thirty dollars or less, or (2) provided on a membership or other non-single event basis to persons under nineteen years of age by a governmental or nonprofit organization.

SECTION 357. Said definition of "Services" in said section 42 of chapter 121 is hereby further amended by inserting at the end of the last sentence of the paragraph defining "services" the following phrase:-

; provided, however, that such sales of tangible personal property shall not also be subject to tax as a service under this chapter.

SECTION 358. Said definition of "services" in said section 42 of said chapter 121 is hereby further amended by striking out the words "excluding those services with a sales price of one hundred dollars or less" and inserting in place thereof the words:- excluding those landscaping services with a sales price of one hundred dollars or less provided to persons other than for business purposes.

SECTION 359. The definition of "Tangible personal property" of said section 42 of said chapter 121 is hereby amended by adding the following sentence:- For purposes of this chapter, "tangible personal property" shall also include gas, electricity and steam. `tm;keep=yes

SECTION 360. Section 47 of said chapter 121 is hereby amended by striking out paragraphs (i) and (j) and inserting in place thereof the following two paragraphs:-

(i) The sales, furnishing or service of (1) water; (2) gas, steam or electricity used for residential purposes; (3) gas, steam or electricity which are consumed and used directly and exclusively in an industrial plant in the actual manufacture of tangible personal property to be sold or in the heating of such industrial plant; provided that the exemption under this subparagraph (3) shall only be allowed with respect to a metered building, location or premises at which not less than seventy-five percent of the gas, steam or electricity consumed at such metered building, location or premises is used for the purposes of such manufacturing or heating; and the term "industrial plant" shall mean a factory at a fixed location primarily engaged in the manufacture, conversion or processing of tangible personal property to be sold in the regular course of business; and (4) residential main telephone services billed on a monthly recurring basis or billed as message units, and residential intra local access and transport area service billed on a recurring monthly basis; provided that such exemption under this subparagraph (4) shall not exceed the amount of thirty dollars per month.

(j) Sales of (1) fuel used for residential heating purposes; (2) fuel used for heating purposes in an industrial plant; provided that the exemption under this subparagraph (2) shall only be allowed with respect to a building, location or premises in which not less than seventy-five percent of the building, location or premises is used in the actual manufacture of tangible personal property to be sold; and the term "industrial plant" shall mean a factory at a fixed location primarily engaged in the manufacture, conversion or processing of tangible personal property to be sold in the regular course of business; and (3) fuel used in the operation of aircraft or used in the operation of railroads.

SECTION 361. Section 48 of said chapter 121 is hereby amended by adding the following sentence:- However, the exemption in this paragraph so far as it applies to sales of electricity, gas and steam consumed and used directly and exclusively in an industrial plant in the actual manufacture of tangible personal property to be sold shall be limited to the extent allowed in paragraph (i).

SECTION 362. Section 50 of said chapter 121 is hereby amended by adding the following sentence:- Such conditions may include a good faith requirement and sixty day notice requirement as provided for other such certificates in section eight.

SECTION 363. Said chapter 121 is hereby further amended by striking out section 51 and inserting in place thereof the following section:-

Section 51. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by adding the following two paragraphs:-

(nn) Sales of services otherwise taxable that are an integral, inseparable component part of services that are to be sold and that are taxable under this chapter or that are to be sold in a transaction exempt under paragraphs (d) and (e). The purchaser of the service shall separately state the service and the cost thereof to the purchaser on the bill or invoice to the ultimate consumer. The commissioner shall promulgate regulations to define which services are an integral, inseparable component part of services to be sold and the conditions and circumstances under which the exemption under this paragraph may be claimed.

(oo) Sales to any business of (i) legal; (ii) accounting, auditing and bookkeeping; (iii) engineering; and (iv) architectural services; provided, however, that sales of each type of service listed in this paragraph to any business which has purchased, in the aggregate, from any vendor or vendors, twenty thousand dollars or more of such service during the calendar year shall not be exempt for that portion of the aggregate sales price of each type of such service that exceeds twenty thousand dollars during the calendar year. The commissioner may by regulation determine the conditions and requirements under which a business may qualify for this exemption.

SECTION 364. Said section 84 of said chapter 121 is hereby amended by striking out, in line 5, the word "December" and inserting in place thereof the word:- August.

SECTION 365. Said section 84 of said chapter 121 is hereby further amended by striking out, in lines 13 and 14, the words "before March first, nineteen hundred and ninety-one" and inserting in place thereof the words:- within three months of the effective dates of the taxation of the sale of said services or tangible personal property under this act.

SECTION 366. Section 88 of said chapter 121 is hereby amended by inserting after the words "other than", in line 5, the words:- aviation fuel or.

SECTION 367. Section ninety-three of said chapter one hundred and twenty-one is hereby repealed.

SECTION 368. Said chapter 121 is hereby further amended by inserting after section 101 the following section:-

Section 101A. The provisions of this act shall be deemed severable, and if any part of this act shall be adjudged unconstitutional or invalid, such judgment shall not affect the validity of other parts thereof.

SECTION 369. Said chapter 121 is hereby further amended by striking out section 102 and inserting in place thereof the following section:-

Section 102. Sections twenty-four, thirty-three and thirty-four shall apply to taxable years commencing on or after January first, nineteen hundred and ninety.

SECTION 370. Notwithstanding any general or special law to the contrary, the commissioner of revenue shall have the authority to waive the registration fee as established by the commissioner of administration under section sixty-seven of chapter sixty-two C of the General Laws for all applications for registration certificates with respect to vendors under chapters sixty-four H and sixty-four I of the General Laws, received by said commissioner between July eighteenth, nineteen hundred and ninety and November first, nineteen hundred and ninety.

SECTION 371. Notwithstanding the provisions of any general or special law to the contrary, all sums received pursuant to section twenty-eight of chapter sixty-four C, as excises, penalties, forfeitures, interest, costs of suits, and fines, less all amounts refunded or abated thereunder, during the fiscal year beginning July first, nineteen hundred and ninety, shall be deposited into the General Fund.

SECTION 372. Notwithstanding the provisions of sections one hundred and two to one hundred and fourteen, inclusive, of chapter one hundred and twenty-one of the acts of nineteen hundred and ninety, the provisions of chapter sixty-four H and sixty-four I of the General Laws, as amended by said chapter one hundred and twenty-one, shall in so far as pertinent apply to the taxation of the sale or use of gas, steam, electricity, heating fuel and telecommunication services taking effect as of September first, nineteen hundred and ninety as specified in section one hundred and ten of said chapter one hundred and twenty-one; provided, however, that the sales tax as applied to residential telecommunication services shall apply only to such services provided on or after September first, nineteen hundred and ninety and billed in the regular course of business on or after October first, nineteen hundred and ninety.

SECTION 373. The provisions of section three hundred and fifty-two shall take effect on September first, nineteen hundred and ninety.

SECTION 374. The provisions of sections three hundred and forty-eight and three hundred and forty-nine shall apply to taxable years commencing on or after January first, nineteen hundred and ninety.

SECTION 375. The provisions of sections two hundred and ninety-nine and three hundred and twenty-seven shall take effect on January first, nineteen hundred and ninety-one. The provisions of section sixteen C of chapter one hundred and eighteen E, as inserted by section three hundred of this act, shall apply to estates of decedents dying on or after January first, nineteen hundred and ninety-one.

SECTION 376. Section three hundred and fifty-three A shall take effect on July first, nineteen hundred and ninety-one.

SECTION 378. Section two hundred and ninety-seven of this act shall become inoperative on June thirtieth, nineteen hundred and ninety-five. Section two hundred and ninety-eight shall take effect on June thirtieth, nineteen hundred and ninety-five.

SECTION 379. Sections one hundred and ninety-two, two hundred and seven, two hundred and nine and two hundred and ten shall take effect on February first, nineteen hundred and ninety-one.

SECTION 380. The provisions of section two hundred and twenty-eight of this act shall take effect on July first, nineteen hundred and ninety-two.

SECTION 381. The provisions of section three hundred and four of this act shall take effect on September first, nineteen hundred and ninety.

SECTION 382. The provisions of sections two hundred and thirty-seven, two hundred and thirty-eight, two hundred and seventy-two and two hundred and ninety-seven A, shall take effect on July first, nineteen hundred and ninety-one.

SECTION 383. Except as otherwise provided in this act, the remaining provisions of this act shall take effect as of July first, nineteen hundred and ninety. `t+99