Session Laws

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to make forthwith appropriations for the fiscal year ending June 30, 1998 and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 1998 and for certain other activities and projects in said fiscal year, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise herein or in said appropriation acts for the several purposes and subject to the conditions specified herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds, for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

0321-0001

........................................$29,767

0340-0100

..........................$459,400

0340-0300

..........................$104,000

1102-3206

..........................$662,000

1107-2501

..........................$54,000

1108-1011

..........................$10,000

1108-5200

..........................$4,000,000

1108-5500

..........................$162,035

Massachusetts Commission Against Discrimination.

1150-5100

..........................$60,730

Department of Revenue.

1201-0160

..........................$3,434,175

Information Technology Division.

1790-0107

..........................$5,800,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Environmental Protection.

2200-0100

..........................$495,211

Metropolitan District Commission.

2440-2000

..........................$437,970

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0315

..........................$1,547,000

4000-0318

..........................$700,000

Massachusetts Commission for the Blind.

4110-1000

..........................$158,500

Massachusetts Commission for the Deaf and Hard of Hearing.

4125-0100

..........................$37,390

Office of Child Care Services.

4130-3000

..........................$61,366

4130-3200

..........................$11,698,213

4130-3700

..........................$3,700,586

Department of Youth Services.

4200-0200

..........................$296,549

4200-0300

..........................$251,745

Department of Transitional Assistance.

4403-2110

..........................$1,654,069

4408-1000

..........................$3,819,653

Department of Public Health.

4516-1000

..........................$227,275

Department of Social Services.

4800-0020

..........................$3,000,000

4800-0041

..........................$8,000,000

Department of Mental Retardation.

5920-1000

..........................$718,701

5920-2000

..........................$1,534,632

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6010-0001

..........................$1,291,417

6030-7201

..........................$10,413,603

6030-7221

..........................$10,713,796

Office of labor, education and workforce development.

Division of Insurance.

7006-0030

..........................$376,059

Board of Higher Education.

7119-0100

..........................$444,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Criminal History Systems Board.

8000-0110

..........................$461,016

Board of Building Regulations and Standards.

8000-0161

..........................$28,500

Department of State Police.

8100-0000

..........................$949,902

Registry of Motor Vehicles.

8400-0001

..........................$400,000

Department of Correction.

8900-0001

..........................$2,355,685

8900-9999

..........................$700,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth herein shall be appropriated from the General Fund unless specifically designated otherwise and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in the general appropriation act or other appropriation acts for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3833

For a reserve to meet the cost for fiscal years 1993 to 1998, inclusive, of salary adjustments authorized by the Memorandum of Understanding dated June 4, 1997, between the commonwealth and the Alliance, SEIU, AFL-CIO (Unit 10), and to meet the cost of salary adjustments necessary to provide equal adjustments to employees employed in "confidential" positions which otherwise would be covered by said Memorandum of Understanding; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments for such "confidential" employees in accordance with the provisions of said Memorandum of Understanding which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the cost of said adjustments where the amounts otherwise available are insufficient for such purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$3,101,100

1599-3841

For a reserve to meet the fiscal years 1997 and 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of trustees of the University of Massachusetts and the National Association of Government Employees, Locals 245 and 233; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the costs of said adjustments and benefits where the amounts otherwise available are insufficient for such purposes, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$689,000

1599-3842

For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and the American Federation of State, County and Municipal Employees, Council 93, Local 1067; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the costs of said adjustments and benefits where the amounts otherwise available are insufficient for such purposes, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$2,109,000

1599-3844

For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex sheriff's office and the International Brotherhood of Correctional Officers, Local 193, and to meet the fiscal year 1998 costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet said costs where the amounts otherwise available are insufficient for such purposes, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$862,000

1599-3849

For a reserve to meet the fiscal year 1998 costs of salary adjustments authorized by the collective bargaining agreement between the University of Massachusetts and University Coalition One; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the cost of said adjustments where the amounts otherwise available are insufficient for such purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$943,000

1599-3850

For a reserve to meet the costs of consumer education and outreach incurred by the division of energy resources in the implementation of electric utility restructuring pursuant to the provisions of chapter 164 of the acts of 1997; provided, that the secretary of administration and finance may transfer funds from this item to other items of appropriation and allocations thereof for fiscal year 1998 in order to meet said costs; provided further, that notwithstanding the provisions of any general or special law to the contrary, a municipality or group of municipalities acting under the provisions of section 134 of chapter 164 of the General Laws may, pursuant to guidelines established by the division, apply to said division for a grant from the amount appropriated herein for the purpose of implementing educational campaigns that publicize the benefits of regional aggregation of electricity purchasing; and provided further, that no funds shall be expended from this item for the costs of full-time employees funded from the "AA" subsidiary as classified pursuant to the Massachusetts management accounting and reporting system

..........................$2,070,000

1599-3851

For a reserve to meet the costs of electric utility restructuring incurred by the department of telecommunications and energy in implementing the provisions of chapter 164 of the acts of 1997; provided, that the secretary of administration and finance may transfer funds from this item to other items of appropriation and allocations thereof for fiscal year 1998 in order to meet such costs; provided further, that such costs shall include, but not be limited to, the compensation of commissioners authorized by said chapter 164 and may include the costs of comprehensive financial auditing and the costs of contracted positions for legal and other services; and provided further, that funds from this item shall be expended to support not more than three full-time equivalent employees funded from the "AA" subsidiary as classified pursuant to the Massachusetts management accounting and reporting system

..........................$810,190

1599-7001

For a reserve for costs associated with the early intervention program operated by the department of public health pursuant to the provisions of item 4513-1000 of section 2 of chapter 43 of the acts of 1997; provided, that said department shall submit the following information to the secretary of administration and finance and to the chairmen of the house and senate committees on ways and means: (a) a delineation of the actual caseload for said early intervention program for each of the months during the period from July 1, 1997 to February 28, 1998, inclusive; (b) an estimate of the projected caseload for said early intervention program during the period from March 1, 1998 to June 30, 1998, inclusive; (c) an estimate of the projected costs to be incurred by said early intervention program during the fiscal year 1998 accounts payable period, so-called; (d) the actual cost per case for said early intervention program for each month during the period from July 1, 1997 to February 28, 1998, inclusive; (e) an estimate of the projected cost per case for said early intervention program for each month during the period from March 1, 1998 to June 30, 1998, inclusive; and (f) an explanation of the methodology by which said department arrives at its caseload estimates and cost projections for said early intervention program; provided further, that said department shall submit the information required by clauses (a) to (f), inclusive, not later than 15 days after the effective date of this act; provided further, that the secretary of administration and finance may transfer funds from this item to said item 4513-1000 subject to a transfer plan which shall be filed in advance with the chairmen of the house and senate committees on ways and means; provided, however, that no funds shall be transferred or allocated from this item to any other item of appropriation until said department submits the information required by said clauses (a) to (f), inclusive, to said secretary of administration and finance and to the chairmen of the house and senate committees on ways and means; and provided further, that an amount not to exceed $400,000 of the amount appropriated herein may be expended for costs incurred in a prior fiscal year

..........................$3,273,550

1599-7003

For a reserve to fund grants to county sheriffs to provide for the continued operation of county jails and houses of correction; provided, that funds appropriated herein shall be distributed by the county government finance review board pursuant to a plan of disbursement which shall be filed in advance with the house and senate committees on ways and means

..........................$7,775,000

Local Aid Fund............100.0%

1599-7004

For a reserve to meet the fiscal years 1997 and 1998 costs of salary and benefit adjustments and other economic benefits authorized for those employees of the supreme judicial court, the appeals court and the trial court who are covered by the collective bargaining agreement between the trial court of the commonwealth and the Office and Professional Employees International Union, Local 6 (AFL-CIO); provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the costs of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$5,509,659

1599-7005

For a reserve to meet the costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees of the supreme judicial court, the appeals court and the trial court employed in "confidential" positions who would otherwise be covered by collective bargaining agreements in effect for fiscal years 1997 and 1998 and for the costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and economic benefits to employees who are not otherwise classified in any such collective bargaining unit; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the costs of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means

..........................$1,359,819

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Social Services.

4800-0049

For payment of prior years' expenses for the group care program

..........................$1,088,687

office of labor, education and workforce development.

Department of Labor and Workforce Development.

7002-0103

For payment of fiscal year 1997 expenses related to the operation of one-stop career centers, so-called

..........................$508,391

SECTION 3. Chapter 25 of the General Laws is hereby amended by inserting after section 12N the following section:-

Section 12 O. There shall be established upon the books of the commonwealth a separate fund to be known as the Department of Telecommunications and Energy Trust Fund. There shall be credited to said fund all amounts collected pursuant to the second paragraph of section 18 and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department of telecommunications and energy commission, for activities of the department related to the regulation of electric companies. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year.

SECTION 4. Said chapter 25 is hereby further amended by striking out section 18, as appearing in section 37 of chapter 164 of the acts of 1997, and inserting in place thereof the following section:-

Section 18. The commission is hereby authorized to make an assessment against each electric, gas, cable television, telephone and telegraph company under the jurisdictional control of the department and each generation company and supplier licensed by the department to do business in the commonwealth, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of said companies derived from sales within the commonwealth of electric, gas, cable television, telephone and telegraph service, respectively, as shown in the annual report of each of said companies to the department. Said assessments shall be made at a rate not exceeding 0.2 per cent of such intrastate operating revenues, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department, exclusive of funds appropriated by the general court for the transportation division and for the cost of fringe benefits as established by the commissioner of administration pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The funds may be used to compensate consultants in hearings on petitions filed by companies subject to assessment under this section. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department and credited to the General Fund. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.

For the purpose of providing the department with additional operating funds for the regulation of electric companies, the commission may make a separate assessment proportionally against each electric company under the jurisdictional control of the department and each generation company and supplier licensed by the department to do business in the commonwealth, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of such companies derived from sales within the commonwealth of electric service, as shown in the annual report of each of such companies to the department. Such assessment shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce an annual amount of not less than $2,438,000 commencing in fiscal year 1998 and in each fiscal year thereafter, plus the costs of fringe benefits and indirect costs as established by the commissioner of administration pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The amount of such assessment may be increased by the commission annually by a rate not to exceed the most recent annual consumer price index as calculated for the northeast region for all urban consumers. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department, and credited to the Department of Telecommunications and Energy Trust Fund established by section 12 O.

A schedule of filing fees shall be determined annually by the commissioner of administration under the provisions of section 3B of chapter 7 for the following: (i) petitions for certificates of environmental impact and public need, provided, however, that such filing fee for any municipal corporation empowered to operate a municipal lighting plant under the provisions of section 35 or 36 of chapter 164 shall not exceed a maximum amount; and (ii) notices of intention to construct an oil facility, with a maximum amount per oil facility to be graduated in accordance with the expected capital investment in the facility.

Notwithstanding the provisions of section 20 of chapter 159 and section 94 of chapter 164, during any fiscal year in which such assessment is made, the department shall have no authority to suspend the effective date of any rate, price or charge set forth in any schedule filed subsequent to January 1, 1977 by a telephone or telegraph company under the provisions of said chapter 159 or by a gas or electric company under the provisions of said section 94 of said chapter 164 for a period longer than six months; provided, however, that in the event that such six-month period expires on a Sunday or legal holiday, any rate, price or charge suspended under this section shall remain suspended until the day following the next day which is not a Sunday or legal holiday.

SECTION 5. Section 89 of chapter 71 of the General Laws, as appearing in section 2 of chapter 46 of the acts of 1997, is hereby further amended by striking out subsection (v) and inserting in place thereof the following subsection:-

(v) Notwithstanding the provisions of this section or any other general or special law to the contrary, for the purposes of chapter 268A: (i) a charter school shall be deemed to be a state agency; and (ii) the appointing official of a member of the board of trustees of a charter school shall be deemed to be the commissioner of education. Members of boards of trustees of charter schools operating under the provisions of this section shall file a disclosure annually with the state ethics commission, the department of education, and the city or town clerk wherein such charter school is located. The form of the disclosure shall be prescribed by the ethics commission and shall be signed under penalty of perjury. Such form shall be limited to a statement in which members of the board of trustees shall disclose any financial interest that they or a member of their immediate families, as defined in section 1 of said chapter 268A, have in any charter school located in the commonwealth or in any other state or with any person doing business with any charter school.

Each member of a board of trustees of a charter school shall file such disclosure for the preceding calendar year with the commission within 30 days after becoming a member of such board of trustees, on or before September 1 of each year thereafter that such person is a member of such board and on or before September 1 of the year after such person ceases to be a member of such board; provided, however, that no member of a board of trustees shall be required to file such disclosure for the year in which he ceases to be a member of such board if he served less than 30 days in such year.

SECTION 6. Section 2 of chapter 43 of the acts of 1997 is hereby amended by striking out item 0330-0302 and inserting in place thereof the following item:-

0330-0302

For the cost of intensive supervision and community corrections programs; provided, that such programs shall include tracking, community service, educational assistance, drug and alcohol testing and treatment, curfew enforcement, home confinement, day reporting, means-tested fines, restitution and community incapacitation or restraint; provided further, that the number of placements in such programs shall not exceed a daily average goal of 5,000 intensively-supervised probationers; provided further, that funds from this item shall be expended to cover the costs of such programs that are undertaken and administered by court probation offices and county sheriffs' offices; provided further, that the executive director of the office of community corrections of the trial court shall enter into interagency service agreements and memoranda of understanding with such probation offices and sheriffs' offices for the provision of such programs, including the contracting for detention space for probationers arrested for violating probation and awaiting court action and detention space for probationers who have been ordered by the trial court to be supervised at a higher level of restraint; provided further, that such agreements and memoranda shall be entered into at the direction of said executive director; provided further, that expenditures from this item shall not be made until a spending and management plan for such programs has been submitted by said executive director to both the house and senate committees on ways and means for approval; provided further, that savings realized by an approved program of community corrections that result from contracting with the department of correction for electronic monitoring services may be used at the discretion of such program for expenditures that meet the purpose of this item; provided further, that any such discretionary expenditures shall not annualize to an amount that exceeds the amount of such savings; provided further, that said plan shall be so submitted not later than September 15, 1997; provided further, that said plan shall include the projected number of probationers to be served by each such program, including a description of the oversight and services provided to such probationers; and provided further, that not more than $395,223 shall be expended from this item for a community corrections program within the office of the Essex county sheriff

..........................$3,395,223

SECTION 7. Item 2100-2040 of said section 2 of said chapter 43 is hereby amended by inserting after the words "or fire science" the following words:- ; provided, that the department may make grants to public and nonpublic entities.

SECTION 8. Item 4130-1000 of said section 2 of said chapter 43 is hereby amended by striking out the words "19 years" and inserting in place thereof the following words:- 20 years.

SECTION 9. Item 4510-0600 of said section 2 of said chapter 43 is hereby amended by striking out the words "town of Rockland" and inserting in place thereof the following words:- the towns of Rockland, Hingham, Weymouth and Abington.

SECTION 10. Said section 2 of said chapter 43 is hereby amended by striking out item 4513-1012 and inserting in place thereof the following item:-

4513-1012

The department of public health may expend an amount not to exceed $21,500,000 from revenues received from federal cost-containment initiatives including, but not limited to, infant formula rebates and northeast dairy compact reimbursements, for the purpose of increasing the caseload of the WIC program

..........................$21,500,000

SECTION 11. Item 5911-9999 of said section 2 of said chapter 43 is hereby amended by striking out the figure "$11,860,475" and inserting in place thereof the following figure:- $9,607,142.

SECTION 12. Said section 2 of said chapter 43 is hereby further amended by striking out item 7003-0601 and inserting in place thereof the following item:-

7003-0601

For the summer jobs youth-at-risk program, including the costs of administration; provided, that service levels shall be developed so as not to exceed the appropriation made available herein; provided further, that the same number of youths shall be served in fiscal year 1998 as were served in fiscal year 1997; provided further, that not more than $3,050,000 of the amount appropriated herein shall be expended prior to June 1, 1998; and provided further, that expenditures made from this item shall be structured so that funding provided herein shall not annualize to an amount greater than $3,050,000 in fiscal year 1999

..........................$6,100,000

SECTION 13. Said section 2 of said chapter 43 is hereby further amended by striking out item 7003-0901 and inserting in place thereof the following item:-

7003-0901

For a summer jobs youth-at-risk program; provided, that no funds appropriated herein shall be allotted or disbursed prior to the receipt of equal matching funds from private sources to any entity or municipality eligible for or requesting funds from this item; provided further, that an allotment and disbursement plan shall be submitted to the house and senate committees on ways and means prior to the expenditure of any funds appropriated herein; provided further, that not more than $825,000 of the amount appropriated herein shall be expended prior to June 1, 1998; provided further, that expenditures made from this item shall be structured so that funding provided herein shall not annualize to an amount greater than $825,000 in fiscal year 1999; provided further, that $25,000 shall be provided in fiscal year 1999 for the Summer Nights program in the city of Haverhill; and provided further, that within 30 days of the effective date of this act the city of Haverhill shall report to the house and senate committees on ways and means how such funds shall be expended

..........................$1,650,000

SECTION 14. Said section 2 of said chapter 43 is hereby amended by striking out item 7052-0007 and inserting in place thereof the following item:-

7052-0007

For grants and reimbursements to cities, towns, regional school districts and counties for the purposes of the school building assistance program under the provisions of chapter 645 of the acts of 1948; provided, that of the amount appropriated herein, the board of education may authorize one-time payments of the total reimbursement due to cities and towns for school buildings that are structurally unsound or otherwise in a condition jeopardizing the safety of school children; and provided further, that notwithstanding the provisions of any general or special law to the contrary, $400,000 shall be made available to the town of Saugus in conjunction with school building emergency repairs

..........................$2,000,000

Local Aid Fund............100.0%

SECTION 15. Said section 2 of said chapter 43 is hereby further amended by striking out item 7061-9010 and inserting in place thereof the following item:-

7061-9010

For fiscal year 1998 reimbursements to certain cities, towns and regional school districts pursuant to the provisions of chapter 46 of the acts of 1997

..........................$2,970,293

Local Aid Fund............100.0%

SECTION 16. Said section 2 of said chapter 43 is hereby further amended by striking out item 8700-1140 and inserting in place thereof the following item:-

8700-1140

The state quartermaster may expend revenues collected up to a maximum of $340,000 accrued from fees for the nonmilitary rental or use of armories for the costs of utilities and maintenance; provided, that the state quartermaster may expend funds from this item for salaries, subsistence, quarters and associated costs for national guard soldiers ordered to perform state missions pursuant to the provisions of chapter 33 of the General Laws, from revenues resulting from the acceptance of funds from any person, governmental entity or nongovernmental entity to defray such expenses

..........................$340,000

SECTION 17. Said section 2 of said chapter 43 is hereby further amended by striking out item 8900-8888 and inserting in place thereof the following item:-

8900-8888

For costs associated with electricity, natural gas and other fuel for buildings of the department of correction; provided, that, notwithstanding the provisions of any general or special law to the contrary, prior to April 15, 1998, all funds appropriated herein shall be scheduled in the GG subsidiary, so-called; provided further, that after said date, the commissioner of correction, with the approval of the secretary of administration and finance, may transfer from said GG subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed 15 per cent of the funds appropriated herein if said secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by said department of correction for costs associated with electricity, natural gas and other fuel for buildings of said department does not exceed the amount appropriated herein; (2) that the department does not require any supplemental appropriations in any of its other items of appropriation; (3) that said department is expected to meet the revenue targets established in sections 1A and 1B; and (4) that said department has not expended any funds for costs associated with electricity, natural gas and other fuel for buildings in any of its other items of appropriation; provided further, that said secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; provided further, that no funds shall be scheduled in a subsidiary which is not explicitly referenced herein; and provided further, that notwithstanding any provisions of this item to the contrary, an amount not to exceed $545,244 may be expended from this item from the EE subsidiary, so-called, for costs incurred in a prior fiscal year

..........................$9,693,244

SECTION 18. Section 265 of said chapter 43 is hereby amended by striking out the words "at Hole #7".

SECTION 19. Section 285 of said chapter 43 is hereby amended by striking out the words "October 1, 1997" and inserting in place thereof the following words:- April 1, 1998.

SECTION 20. Section 334 of chapter 164 of the acts of 1997 is hereby amended by striking out the words "February 15, 1998" and inserting in place thereof the following words:- June 15, 1998.

SECTION 21. Section 2A of chapter 226 of the acts of 1997 is hereby amended by striking out the item number "0521-0002" and inserting in place thereof the following item number:- 0521-0004.

SECTION 22. Notwithstanding the provisions of any general or special law to the contrary, nursing facility prospective rates of payment established by the division of health care finance and policy for 1998 may be established as of a different date than January 1 and may be developed using the costs of any year which said division, at its discretion and after public hearing, shall determine appropriate; provided, however, that in order to allow said division necessary time to complete its development and promulgation of the rate methodology for 1998, prospective rates of payment for nursing facility services established by said division for 1997 under 114.2 CMR 5.00 and such rates established for periods including 1997 under a settlement agreement, shall remain in effect for 1998 until 1998 rates shall be promulgated; and provided further, that said 1998 rates shall be paid for nursing facility services provided on or after February 1, 1998.

SECTION 23. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of capital planning and operations may enter into a lease for all or any portion of the federal post office and courthouse building at Post Office square in the city of Boston on such terms and conditions as may be determined by said commissioner and the chief justice for administration and management of the trial court for use by the courts of the commonwealth; provided, that said commissioner may expend any bond funds authorized in prior capital outlay acts to make any improvements to said federal post office and courthouse building deemed appropriate or necessary by said commissioner and said chief justice for the use of said building by the courts of the commonwealth.

SECTION 24. Notwithstanding the provisions of any general or special law to the contrary, the cities of Everett, Malden, Marlborough, Medford, Somerville, Waltham and Woburn and the towns of Arlington, Ashby, Ashland, Ayer, Bedford, Billerica, Boxborough, Concord, Dracut, Dunstable, Groton, Hopkinton, Hudson, Lexington, Lincoln, Littleton, Maynard, Natick, Sherborn, Shirley, Stoneham, Stow, Sudbury, Tewksbury, Tyngsborough, Wayland, Westford, Weston, Wilmington and Winchester shall be deemed to have accepted the provisions of section 147A of chapter 140 of the General Laws and shall enact by-laws to provide for the functions performed by the former government of Middlesex county with respect to dogs pursuant to sections 136A to 174D, inclusive, of said chapter 140.

SECTION 25. The balance of funds remaining in the dog fund, so-called, of the former government of Middlesex county as of July 11, 1997 shall be disbursed forthwith by the state treasurer in the manner prescribed by section 172 of chapter 140 of the General Laws to the treasurer of each city and town within said Middlesex county, who shall maintain a separate dog fund consistent with the by-laws adopted by said cities and towns and sections 136A to 174D, inclusive, of said chapter 140.

SECTION 26. Notwithstanding the provisions of item 4000-0320 of section 2 of chapter 43 of the acts of 1997 or any other general or special law to the contrary, the division of medical assistance shall make available through an interagency service agreement with the department of public health an amount not to exceed $6,300,000 from said item 4000-0320 for the purposes of item 4590-0906 of said section 2 of said chapter 43. Said funds shall be made available for the purposes of said item 4590-0906 regardless of the availability of federal reimbursement. Nothing in this section shall be construed to make or authorize an increase in the retained revenue ceiling, so-called, of item 4000-0320. The division of medical assistance shall enter into such interagency service agreement not later than ten days after the effective date of this act.

SECTION 27. The proposed Sanitary/Bathhouse, as referenced in section 4.3.3 of the "Plan for the Future of Boston Harbor Beaches, Dorchester Shores Beach Restoration Program, Savin Hill/Inner Malibu, Dorchester, Massachusetts, Interim Assessment", December 22, 1997, EOEA No. 10113, shall hereafter be known as "The Robert F. O'Sullivan, Sr. memorial bathhouse".

SECTION 28. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer any remaining balance on the effective date of this act in the Residential Conservation Service Trust Fund to the Department of Telecommunications and Energy Trust Fund established by section 12 O of chapter 25 of the General Laws.

SECTION 29. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer any remaining balance on the effective date of this act in the Integrated Resource Management Trust Fund to the Department of Telecommunications and Energy Trust Fund established by section 12 O of chapter 25 of the General Laws.

SECTION 30. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer any remaining balance on the effective date of this act in the Fuel Charge Bureau Trust Fund to the Department of Telecommunications and Energy Trust Fund established by section 12 O of chapter 25 of the General Laws.

SECTION 31. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer any remaining balance on the effective date of this act in the Special Assessment Trust Fund to the Department of Telecommunications and Energy Trust Fund established by section 12 O of chapter 25 of the General Laws.

SECTION 32. The division of health care finance and policy shall conduct a study of the impact of 1998 nursing home rates on the nursing home industry in the commonwealth. Such study shall include an examination of the impact of such rates on the number of nursing home beds and the impact on the geographic distribution of nursing home beds in the commonwealth. A report of such study shall be filed with the house and senate committees on ways and means within six months of the effective date of this act.

SECTION 33. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, a regional council of governments or any organization established by a regional council of governments for the benefit of two or more of the entities contained within such regional council of governments or a sheriff's department or subdivision thereof shall be entitled to purchase goods and services from a vendor located within the geographic area comprising such regional council of governments or, in the case of a sheriff's department, the primary geographic area served by such sheriff's department, even if such vendor is not under contract with the commonwealth to provide such goods and services; provided, however, that the costs for any goods or services purchased from a local vendor shall not exceed the amount which would be paid for such goods and services if such items were to be purchased from a vendor which is under contract with the commonwealth to provide such goods and services.

SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, no funds from any item appropriated to or allocated by the department of social services, the department of youth services, the department of mental health or the department of education shall be expended within one year of the effective date of this act for any purpose that would result in the provision of treatment and housing for youthful sexual offenders or those that have been categorized by any of said departments as at-risk of becoming sexual offenders that requires the expansion or reconfiguration of any facility owned or operated by the private, nonprofit provider known as Harbor Schools, Inc. currently funded by any of said departments that does not currently house and treat adjudicated youthful sexual offenders.

SECTION 35. Sections 24 and 25 shall take effect as of July 11, 1997.

Approved April 29, 1998.