AN ACT RELATING TO ECONOMIC GROWTH AND RELIEF FOR THE COMMONWEALTH
Whereas, The deferred operation of this act would tend to defeat its purposes, which are to forthwith direct the expenditure of certain federal funds and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, relating to economic growth and relief for the commonwealth, 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 2022, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2022. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available through the fiscal year ending June 30, 2023.
SECTION 2.
0340-0500 Hampden District Attorney ........................................................... $180,157
1599-3384 Judgments, Settlements and Legal Fees............................................... $10,000,000
1599-0793 COVID Response Reserve ............................................ $200,000,000
1599-2051 Federal Funds Oversight ................................................ $5,000,000
1599-4195 Holyoke Soldiers’ Home Settlements and Judgments ....... $2,912,500
1599-4448 Collective Bargaining Contract Costs ............................. $58,702,336
4000-0300 EOHHS and Medicaid Administration .............................. $2,000,000
4000-0700 MassHealth Fee for Service Payments .......................... $471,800,000
4510-0721 Boards of Registration for Health Professions Licensure ................................... $7,100,000
1595-6369 Commonwealth Transportation Fund Transfer to the MBTA .......................... $111,957,684
Office of the Secretary of Labor and Workforce Development
7003-0101 Labor and Workforce Development Shared Services .....................................$10,500,000
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 in this section are hereby appropriated from the General Fund or the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2022. Except as otherwise stated, these sums shall be made available through the fiscal year ending June 30, 2027.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
Broadband Innovation Fund 100%
Office of the Secretary of Health and Human Services
Department of Housing and Community Development
Office of the Secretary
SECTION 2C.I. For the purpose of making available in fiscal year 2023 balances of appropriations which otherwise would revert on June 30, 2022, the unexpended balances of the appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 24 of the acts of 2021. However, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of said chapter 24; provided, however, that for items which do not appear in section 2 of said chapter 24, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 through 2E of this act or in prior appropriation acts. The unexpended balance of each appropriation in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17 is hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 24. The sums reappropriated in this section shall be in addition to any amounts available for said purposes.
Committee for Public Counsel Services
0321-1510 Private Counsel Compensation.............................................................................................$6,813,703
0330-0410 Alternative Dispute Resolution Services........................................................................................................$250,000
Northwestern District Attorney
0340-0600 Northwestern District Attorney...........................................................................$260,000
State Lottery Commission
0640-0000 State Lottery Commission..............................................................................$1,420,171
Office of the Inspector General
0910-0200 Office of the Inspector General .........................................................................$307,000
0910-0300 Inspector General Internal Special Audit Units ......................................................$54,160
0910-0330 Division of State Police Oversight........................................................................$50,000
Board of Library Commissioners
7000-9101 Board of Library Commissioners.........................................................................$89,000
Office of the Child Advocate
0930-0100 Office of the Child Advocate.....................................................................$250,000
Police Reform Commissions
1599-1210 Peace Officer Standards and Training Commission Reserve............................$2,899,430
Reserves
1599-0054 Hinton Lab Response Reserve.............................................................................$620,000
1599-0080 Tests Vaccines Outreach Reserve....................................................................$11,000,000
1599-0768 DUA Public Information Campaign Reserve...........................................................$855,324
1599-1211 Police Reform Reserve....................................................................................$3,328,000
1102-3400 State House Security Operations.......................................................................$148,000
1450-1200 Health Policy Commission.................................................................................$300,000
1780-0100 Supplier Diversity Office....................................................................................$555,000
Office of the Secretary of Energy and Environmental Affairs
2000-0100 Energy and Environmental Affairs Administration.................................................................................................................................................................$388,957
2000-0101 Climate Adaptation and Preparedness.......................................................................................................................................................................................$73,000
2000-1700 Energy and Environmental Affairs Information Technology Costs........................................................................................................................................$781,909
2300-0101 Riverways Protection and Access ..........................................................................................................................................................................................$457,000
2511-0100 Agricultural Resources Administration....................................................................................................................................................................................$152,000
2810-0122 Special Projects in Parks and Recreation................................................................................................................................................................................$333,000
Department of Public Health
4590-0915 Public Health Hospitals...........................................................................................................................................................................................................$400,000
5046-0000 Adult Mental Health and Support Services..........................................................................................................................................................................$5,000,000
4800-0015 Clinical Support Services and Operations............................................................................................................................................................................$2,175,325
4800-1100 Social Workers for Case Management................................................................................................................................................................................$5,060,000
4110-1000 Community Services for the Blind..........................................................................................................................................................................................$400,000
4125-0100 Massachusetts Commission for the Deaf and Hard of Hearing..............................................................................................................................................$871,396
5920-2000 Community Residential Services.......................................................................................................................................................................................$34,000,000
Office of the Secretary of Housing and Economic Development
7002-0017 Housing and Economic Development IT Costs.....................................................................................................................................................................$125,000
7007-0801 Microlending............................................................................................................................................................$1,300,000
7007-0150 Regional Economic Development Grants.......................................................................................................................$1,300,000
7006-0071 Department of Telecommunications and Cable................................................................................................................$160,000
7008-0900 Office of Travel and Tourism ................................................................................................................................$146,282
University of Massachusetts
7100-0700 Office of Public Collaboration................................................................................................................................$268,074
Office of the Secretary of Public Safety and Security
8000-0600 Executive Office of Public Safety ..............................................................................$400,000
8100-0515 New State Police Class ........................................................................................................................$2,275,000
8100-1014 SAEK Testing .....................................................................................................................................$2,200,000
8200-0200 Municipal Police Training Committee ...................................................................................................$500,000
8324-0000 Department of Fire Services ...............................................................................................................$3,058,688
8324-0050 Local Fire Department Projects and Grants ...........................................................................................$173,170
8700-0001 Military Division .............................................................................................................................$511,000
8900-0010 Prison Industries and Farm Services Program ...................................................................................................$91,164
8950-0001 Parole Board Administration .................................................................................................$498,250
SECTION 2C.II. For the purpose of making available in fiscal year 2023 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2022, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of chapter 24 of the acts of 2021. However, for items which do not appear in section 2 or 2B of said chapter 24, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2 or 2B of the general appropriation act; however, for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A or 2B of this act or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for those purposes.
Operational Services Division
1775-0800 Chargeback for Purchase Operation and Repair of State Vehicles ..................................................................................................................................$2,800,000
Department of Veterans' Services
1410-0018 Agawam and Winchendon Cemeteries Retained Revenue .................................................................................................................................................$650,000
Department of Correction
8900-0011 Prison Industries Retained Revenue ...........................................................................$65,125
8900-0021 Chargeback for Prison Industries and Farm Program ................................................$1,463,943
SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section 204, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
SECTION 4. Subsection (b) of section 35KKK of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- The fund shall not be subject to appropriation.
SECTION 5. Sections 51 to 53, inclusive, and sections 70 to 72, inclusive, of chapter 13 of the General Laws are hereby repealed.
SECTION 6. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 19½ the following section:-
SECTION 7. Subsection (a) of section 45 of said chapter 15A, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- A vacancy on a board that exists as a result of this section shall be filled for the remainder of the term in the same manner as the prior appointment and shall be consistent with section 21 of this chapter and section 1A of chapter 75. The commissioner shall forthwith notify the governor if any such vacancy exists.
SECTION 8. Chapter 19A of the General Laws is hereby amended by adding the following section:-
SECTION 9. Section 10C of chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the words “secretary, undersecretary,”.
SECTION 10. Chapter 21N of the General Laws is hereby amended by adding the following section:-
Section 12. (a) Upon issuance by the department of a notice of non-compliance, any alternative compliance payment, as defined in 310 CMR 7.75, owed by a retail electric supplier pursuant to sections 2, 6 and 7, including any interest, additional amount, addition to debt or assessable penalty under said sections 2, 6 or 7, or pursuant to the department’s administrative penalty authority set forth in section 16 of chapter 21A, together with any costs that may accrue in addition thereto, shall constitute a debt to the department. Such debt shall also be a lien in favor of the department upon all property and rights to property, whether real or personal, belonging to the indebted retail electric supplier including property acquired after the lien arises. The lien shall arise 30 days after the department issues the first notice of non-compliance and shall continue until: (i) the debt is satisfied; (ii) a judgment against the retail electric supplier arising out of such debt is satisfied; (iii) any such debt or judgment is discharged by the department by a waiver or release under subsection (d); or (iv) any such debt or judgment becomes unenforceable by reason of the lapse of time. The lien created in favor of the department for any such alternative compliance payment shall remain in effect for a period of 10 years after issuance of the notice of non-compliance. For a bankruptcy case under the United States Code, the running of the period of limitations in this section shall be suspended for: (i) the period during which the department is prohibited by reason of such case from collecting the lien; and (ii) the period during which a plan for payment of the lien is in effect and 6 months thereafter. The running of the period of limitations in this section shall be suspended for the period during which the payment or collection is stayed pursuant to the retail electric supplier contesting the lien. If the lien would extend beyond its initial or any subsequent 10-year period, the department may refile its notice of lien. If any such notice of lien is refiled within the required refiling period, as defined in section 6323(g)(3) of the Internal Revenue Code, the lien in favor of the department shall relate back to the date of the first such lien filing. The department shall promulgate such regulations as may be necessary for the implementation of this subsection.
(b) A lien imposed by this section shall not be perfected as against any mortgagee, pledgee, purchaser, creditor or judgment creditor until notice thereof has been filed by the department:
(i) with respect to real property or fixtures, in the registry of deeds of the county where such property is situated; and
(ii) with respect to personal property other than fixtures, in the filing office in which the filing of a financing statement would perfect, under article 9 of chapter 106, an attached nonpossessory security interest in tangible personal property belonging to the retail electric supplier liable to pay the alternative compliance payment as if the retail electric supplier were located in the commonwealth under section 9-307 of said chapter 106. The filing of any such lien or of a waiver or release of any such lien shall be received and registered or recorded without payment of any fee in the commonwealth.
(c) In any case where an alternative compliance payment becomes due upon issuance of a notice of non-compliance, the department, in addition to other modes of relief, may direct a civil action to be filed in a superior court of the commonwealth to collect the debt or enforce the lien of the department under this section with respect to such liability, or to subject any property of whatever nature, of the indebted retail electric supplier, or in which the supplier has any right, title or interest, to the payment of such liability.
(d) The department may issue a waiver or release of any lien imposed by this section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. The department shall issue a waiver or release of any lien imposed by this section in any case where the debt for which such lien attached has been paid or legally abated.
(e) Notwithstanding any general or special law to the contrary, the department may establish financial compliance assurance requirements for any retail electricity supplier subject to requirements or standards established in this chapter. The department may require a bond or other security in amount and form as determined to be necessary and appropriate to ensure compliance with all such requirements or standards.
SECTION 11. Section 10A of chapter 22C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fifth and sixth paragraphs and inserting in place thereof the following paragraph:- The colonel shall determine the duties and responsibilities of state police cadets. A state police cadet shall not carry arms and shall not have any power of arrest other than that of an ordinary citizen. A state police cadet shall be considered an employee of the commonwealth.
SECTION 12. Section 16 of chapter 23D of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “industrial services program” and inserting in place thereof the following words:- Massachusetts center for employee ownership.
SECTION 13. Said chapter 23D is hereby further amended by striking out section 17 and inserting in place thereof the following section:- Section 17. (a) There is hereby established a Massachusetts center for employee ownership within the Massachusetts office of business development established pursuant to section 1 of chapter 23A. The Massachusetts center for employee ownership shall provide education, conduct outreach and promote efforts to create an overall environment in the commonwealth to: (i) expand and enhance employee ownership; (ii) increase the number of employee-owned companies; (iii) publicize and promote the benefits of employee involvement and ownership to policy makers and the general public; (iv) encourage collaborative outreach efforts regarding involvement and ownership in the workplace; (v) research and evaluate employee involvement and employee ownership in the commonwealth; (vi) showcase employee ownership initiatives in the commonwealth; (vii) facilitate and coordinate the sharing of existing information and resources; and (viii) provide grants pursuant to this chapter.
(b)(1) The director of the Massachusetts center for employee ownership shall have the power to hire staff, appoint any specific committee or task force and contract with consultants, agents or advisors deemed necessary to further the purposes of this section.
(2) The director may accept gifts or grants of money or property from any source to further the work of the center; provided, however, that any money received shall be deposited with the state treasurer to be kept in a separate fund in the treasury to be named the Massachusetts Center for Employee Ownership Fund dedicated to the center and for expenditure without appropriation by the director of the center in accordance with the conditions of such a gift or grant. Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
(3) The director shall issue rules, regulations and procedures governing the application for and delivery of services which are deemed necessary for the proper performance of the duties of the center.
(4) Annually, the director shall file a report with the clerks of the house of representatives and senate, including an inventory of employee-owned businesses in the state and the specific activities taken by the center to support and promote the transition of traditionally structured companies to an employee ownership model.
(5) The director shall be a full-time employee of the Massachusetts office of business development and shall be appointed by and report directly to the director of the Massachusetts office of business development.
SECTION 14. Subsection (b) of section 29A of chapter 23G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Economically distressed area”.
SECTION 15. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 29, the words “located within an economically distressed area”.
SECTION 16. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by inserting, in line 34, after the word “made” the following words:- , or will make,.
SECTION 17. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 44 and 45, the words “economically distressed areas of”.
SECTION 18. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 55 and 56, the words “within an economically distressed area as defined in section 2 of chapter 21E”.
SECTION 19. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 66, the figure “$500,000” and inserting in place thereof the following figure:- $750,000.
SECTION 20. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 69, the figure “$100,000” and inserting in place thereof the following figure:- $250,000.
SECTION 21. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by inserting, in line 78, after the word “applied;” the following words:- provided, however, that the required contribution may be in the form of in-kind services or other non-cash contribution as the agency may determine in its reasonable discretion;.
SECTION 22. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 84, the word “and”.
SECTION 23. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 87 and 88, the words “corporation or an economic development authority.” and inserting in place thereof the following words:- corporation, economic development authority or a non-profit entity in connection with a project that has a demonstrable public benefit; provided, however, that the agency shall establish guidelines for non-profit eligibility; and.
SECTION 24. Subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by adding the following clause:- (12) preference shall be given to projects located within 1 mile of an environmental justice population as defined in section 62 of chapter 30.
SECTION 25. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 97 and 98, the words “economically distressed”.
SECTION 26. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 128 and 129 and in lines 129 and 130, the words “economically distressed area” and inserting in place thereof, in each instance, the following word:- municipality.
SECTION 27. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 189 and 190, the words “director of economic development or his” and inserting in place thereof the following words:- secretary of housing and economic development or the secretary’s.
SECTION 28. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 208 to 210, inclusive, the words “in economically distressed areas that are considered by the ombudsman and the department of economic development” and inserting in place thereof the following words:- that are considered by the ombudsman and the secretary of housing and economic development.
SECTION 29. Subsection (a) of section 8A of chapter 23J of the General Laws, as inserted by section 14 of chapter 179 of the acts of 2022, is hereby amended by striking out the words “, in consultation with the department of revenue”.
SECTION 30. Said subsection (a) of said section 8A of said chapter 23J of the General Laws, as inserted by section 15 of chapter 179 of the acts of 2022, is hereby amended by striking out the words “, in consultation with the department of revenue”.
SECTION 31. Subsection (b) of said section 8A of said chapter 23J, as inserted by section 14 of said chapter 179, is hereby amended by striking out the words “, in consultation with the department of revenue,”.
SECTION 32. Subparagraph (1) of subsection (c) of said section 8A of said chapter 23J, as so inserted, is hereby amended by striking out the words “and the department of revenue”.
SECTION 33. Subsection (c) of said section 8A of said chapter 23J, as inserted by said section 14 of said chapter 179, is hereby amended by striking out subparagraph (2) and inserting in place thereof the following subparagraph:-
(2) The certification of an offshore wind company may be revoked by the center after an investigation by the center and a determination that the certified offshore wind company is in material noncompliance with its certification proposal; provided, however, that the center shall review said certified offshore wind company at least annually. Revocation shall take effect on the first day of the tax year in which the center determines the certified offshore wind company to be in material noncompliance. The center shall issue regulations to establish a process to recapture the value of any award issued to a certified offshore wind company through the Massachusetts Offshore Wind Industry Investment Trust Fund established in section 9A. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits allowed by the original certification of tax benefits under this section. The department of revenue shall issue regulations to establish a process to recapture the value of any credits allowed by the certification under this section. For the purposes of this paragraph, the term “material noncompliance” shall mean the failure of a certified offshore wind company to substantially achieve the new state revenue, job growth and capital investment projections set forth in its certification proposal or any other act, omission or misrepresentation by the certified offshore wind company that frustrates the public purpose of the Massachusetts offshore wind industry investment program.
SECTION 34. Subsection (d) of said section 8A of said chapter 23J, as so inserted, is hereby amended by striking out the words “(aa) and (bb) of section 6 of chapter 62 and sections 38KK and 38LL” and inserting in place thereof the following words:- (bb) and (cc) of section 6 of chapter 62 and sections 38LL and 38MM.
SECTION 35. Subsection (b) of section 9A of said chapter 23J, as inserted by section 18 of said chapter 179, is hereby amended by striking out the words “shall make expenditures from the trust fund” and inserting in place thereof the following words:- may make expenditures from the fund solely.
SECTION 36. Section 5 of chapter 23N of the General Laws, as inserted by section 5 of chapter 173 of the acts of 2022, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c)(1) The commission may obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of any applicant for an operator license under this section and any person who has control of an operator licensee as defined in paragraph (b).
(2)(i) Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services to assist the commission to ensure the continued suitability of these licensees and persons subject to criminal background checks under this section. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to commission-authorized commission staff.
(ii) Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the commission receives information from a fingerprint-based check that does not include a final disposition or is otherwise incomplete, the commission may request that an applicant, including new and renewing applicants, provide additional information to assist the commission in determining the suitability of the individual for licensure, certification, approval or employment.
(3) The commission may receive all available criminal offender record information, juvenile adjudications and delinquency matters, sealed records and the results of checks of state and national criminal history information databases under said Public Law 92-544. Upon receipt of the results of the state and national criminal background checks, the commission and its authorized staff shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information. Information obtained by the commission under this section may be used only for such purposes.
(4) There shall be a fee charged for fingerprint-based background checks under this section, established by the secretary of administration and finance in consultation with the secretary of public safety and security and the commissioner, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety and the commissioner, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund established under section 2HHHH of chapter 29.
(5) Upon receipt of the results of a state and national criminal background check for an applicant, the commissioner shall review the results and determine the suitability of the applicant for said license. Any applicant convicted of any disqualifying offense, as determined by the commission, shall not be licensed.
(6) The commission may promulgate regulations necessary to carry out this subsection.
SECTION 37. Subsection (a) of section 15 of said chapter 23N, as so inserted, is hereby amended by inserting after the word “year”, the second time it appears, the following words:- and shall not be subject to appropriation.
SECTION 38. Section 17 of said chapter 23N, as so inserted, is hereby amended by inserting after the first sentence the following sentence:- The fund shall not be subject to appropriation.
SECTION 39. Said chapter 23N, as so inserted, is hereby amended by adding the following section:-
Section 24. (a) Prior to an operator’s disbursement of cash or a prize that is subject to withholding under section 3402 of the Internal Revenue Code, the operator shall review information made available by the IV–D agency, as set forth in chapter 119A, and by the department of revenue to determine if the winner of the cash or prize owes any past-due: (i) child support to the commonwealth or to an individual to whom the IV–D agency is providing services; or (ii) tax liability to the commonwealth.
(b)(1) If the winner of the cash or prize owes past-due child support or has a past-due tax liability, the operator shall notify the IV–D agency or the commonwealth, as applicable, of the winner’s name, address and social security number.
(2) Subsequent to statutory state and federal tax withholding, the operator shall first disburse to the IV–D agency the full amount of the cash or prize or such portion of the cash or prize that satisfies the winner’s past-due child support obligation.
(3) If funds remain available after the disbursement to the IV–D agency or if no such obligation to the IV–D agency is owed, the operator shall disburse to the department of revenue the full amount of the cash or prize or such portion of the cash prize that satisfies the winner’s past-due tax liability.
(4) The operator shall disburse to the winner only that portion of the prize, if any, remaining after the winner’s past-due child support obligation and the winner’s past-due tax liability have been satisfied.
SECTION 40. Section 1 of chapter 25C of the General Laws, as most recently amended by section 13 of chapter 24 of the acts of 2021, is hereby further amended by inserting after the word “policy” the following words:- with the Massachusetts Broadband Institute, established pursuant to section 6B of chapter 40J.
SECTION 41. Said chapter 25C is hereby further amended by striking out section 9, as inserted by section 15 of said chapter 24, and inserting in place thereof the following section:- Section 9. Consistent with the policies of the Federal Communications Commission, the department shall have authority to request and obtain information and data from providers of advanced telecommunications capability as necessary to identify areas that lack adequate advanced telecommunications capability. Such information and data shall be used to inform work undertaken by the Massachusetts Broadband Institute, established pursuant to section 6B of chapter 40J, to facilitate access to and adoption of advanced telecommunications capability in the commonwealth.
SECTION 42. Chapter 29 of the General Laws is hereby amended by inserting after section 2ZZZZZ, as inserted by section 22 of chapter 126 of the acts of 2022, the following section:-
Section 2AAAAAA. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Portable Order for Life Sustaining Treatment Trust Fund. The secretary of health and human services shall be the trustee of the fund and shall expend money from the fund to: (i) develop, implement and operate a program governing the statewide use of a portable order for life-sustaining treatment, in this section referred to as POLST, program administered by the department of elder affairs, pursuant to section 44 of chapter 19A; (ii) support the transition from the use of the medical order for life-sustaining treatment, also known as MOLST, program in the department of public health to the POLST program in the department of elder affairs; (iii) develop, implement and operate a statewide electronic POLST, in this section referred to as ePOLST, program administered by the department of elder affairs; and (iv) provide for any other program purpose related to the transition from MOLST to POLST, or the establishment, maintenance or operation of the POLST or ePOLST program.
(b) There shall be credited to the fund an amount equal to: (i) any revenues under section 9817 of the American Rescue Plan Act of 2021, Public Law 117-2, designated for the purposes described in subsection (a)(ii) any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iv) interest earned on any money in the fund; and (v) any other grants, premiums, gifts, reimbursements or other contributions received by the commonwealth from any source for or in support of the purposes described in subsection (a).
(c) Amounts credited to the fund may be expended without further appropriation. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the secretary of elder affairs, as reported in the state accounting system. Any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in a subsequent fiscal year.
SECTION 43. Section 10 of chapter 40G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any documentary materials or data whatsoever made or received by any member or employee of the corporation, and consisting of, or to the extent that such material or data consist of, trade secrets, or commercial or financial information regarding the operation of any business conducted by an applicant for, or recipient of, any form of assistance which the corporation is empowered to render, or regarding the competitive position of such applicant in a particular field of endeavor, shall not be deemed public records of the corporation and shall not be subject to section 10 of chapter 66.
SECTION 44. Chapter 40J of the General Laws is hereby amended by inserting after section 6I the following 2 sections:-
Section 6J. (a) There shall be established within the corporation a Massachusetts cybersecurity center. The purpose of the center shall be to enhance the conditions for economic growth through outreach to the cybersecurity industry cluster in the commonwealth and to foster cybersecurity resiliency through communication, collaboration and outreach with state agencies, municipalities, educational institutions and private partners.
(b) The center shall carry out the purposes of the fund established in section 4H.
(c) The center shall be responsible for convening state and local officials and private sector participants to recommend actions needed to address the cybersecurity resiliency of the commonwealth. The center may also convene regional hubs for business development to support cybersecurity entrepreneurs that are establishing innovative technologies to support resiliency.
(d) The center shall work in collaboration with private sector entities, educational institutions and state and local government to address cybersecurity issues, including, but not limited to: (i) improving the cybersecurity of organizations across the commonwealth, particularly municipalities, small businesses and non-profits, without access to affordable resources to defend against cybersecurity threats and to maintain cyber resiliency; (ii) the shortage of trained workers available to meet the cybersecurity industry’s workforce demands, with a particular focus on increasing the diversity of the cybersecurity workforce; and (iii) the lack of affordable cybersecurity training for employees in all types of businesses.
Section 6K. (a) There shall be established within the corporation a center for advanced manufacturing. The purpose of the center shall be to support companies engaged in manufacturing in the commonwealth and shall be administered in a manner that considers the needs of manufacturers in all regions of the commonwealth and supports growth in the manufacturing sector statewide. The corporation shall design and implement the activities of the center, in consultation with the secretary of housing and economic development and the Massachusetts advanced manufacturing collaborative established pursuant to section 10B of chapter 23A.
(b) The center shall facilitate the growth and competitiveness of the advanced manufacturing sector in the commonwealth by: (i) aligning investments and programs with the commonwealth’s priorities for advanced manufacturing; (ii) leveraging existing state and federal programs that support manufacturers to increase the regional impact of advanced manufacturing; (iii) fostering collaboration throughout the manufacturing ecosystem; (iv) aligning programs and investments in support of federal programs to scale critical and secure supply chains; (v) supporting, coordinating and developing advanced manufacturing workforce training programs; and (vi) creating initiatives that advance the commonwealth’s manufacturing plan established pursuant to section 10B of chapter 23A.
SECTION 45. Section 2 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Approved starter home zoning district”.
SECTION 46. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 38, the words “or starter home zoning”.
SECTION 47. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 56, the words “or starter home zoning districts”.
SECTION 48. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 78 and 79, the words “or starter home zoning”.
SECTION 49. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 91, the words “under the underlying zoning” and inserting in place thereof the following words:- without the smart growth zoning district.
SECTION 50. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out the definitions of “Production bonus payment” to “Starter home zoning district certificate of compliance”, inclusive, and inserting in place thereof the following 3 definitions:-
“Project”, a proposed residential or mixed-use development within a smart growth zoning district.
“Smart growth zoning district”, a zoning district adopted by a city or town under this chapter that replaces or is superimposed over 1 or more zoning districts in an eligible location, within which a developer may elect to either develop a project in accordance with requirements of the smart growth zoning district ordinance or by-law, or, where superimposed over 1 or more zoning districts, develop a project in accordance with requirements of the underlying zoning district.
“Smart growth zoning district certificate of compliance”, a written certification by the department in accordance with section 7.
SECTION 51. Section 3 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 8, and in lines 19 and 20, each time they appear, the words “or starter home zoning district”.
SECTION 52. Said section 3 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 16, the words “or starter home zoning districts”.
SECTION 53. Section 4 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 3, the words “or starter home”.
SECTION 54. Said section 4 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 15, the words “or starter home zoning district”.
SECTION 55. Section 5 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 7, 9, and in lines 18 and 19, each time they appear, the words “or starter home zoning district”.
SECTION 56. Said section 5 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 10, the words “as to smart growth zoning districts only,”.
SECTION 57. Section 6 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “or starter home zoning district”.
SECTION 58. Clause (3) of subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the second sentence.
SECTION 59. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out clause (5).
SECTION 60. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 40, the figure “(6)” and inserting in place thereof the following figure:- (5).
SECTION 61. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out clause (7) and inserting in place thereof the following clause:-
(6) A proposed smart growth zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits.
SECTION 62. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 56 and 57, the words “(8) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (7) A proposed smart growth zoning district.
SECTION 63. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 70 and 71, the words “(9) Housing in a smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (8) Housing in a smart growth zoning district.
SECTION 64. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 73 and 74, the words “(10) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (9) A proposed smart growth zoning district.
SECTION 65. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 78 and 79, the words “(11) The aggregate land area of all approved smart growth zoning districts and starter home zoning district” and inserting in place thereof the following words:- (10) The aggregate land area of all approved smart growth zoning districts.
SECTION 66. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 84, the figure “(12)” and inserting in place thereof the following figure:- (11).
SECTION 67. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 88 and 89, the words “(13) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (12) A proposed smart growth zoning district.
SECTION 68. Subsection (b) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A smart growth zoning district ordinance or by-law may modify or eliminate the city or town’s dimensional standards in order to support desired densities, mix of uses and physical character.
SECTION 69. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 101 and 102, 103, 105 and 106, 110 and 111, 116 and 117, 122, 125 and 126, 131, 149 and 150, and in lines 165 and 166, each time they appear, the words “or starter home zoning district”.
SECTION 70. Subsection (c) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the second sentence.
SECTION 71. Section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “or starter home zoning district certificate of compliance, as applicable,”.
SECTION 72. Said section 7 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 9, the words “or a starter home zoning district, as applicable”.
SECTION 73. Clause (4) of subsection (a) of said section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “or starter home zoning district ordinance or by-law, as applicable,”.
SECTION 74. Said section 7 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 29 and 30, the words “or starter home zoning district ordinance or by-law, as applicable,”.
SECTION 75. Section 8 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 7 and 11, each time they appear, the words “or starter home zoning district”.
SECTION 76. Section 9 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 16 and 17 and 20, each time they appear, the words “or starter home zoning district”.
SECTION 77. Said section 9 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 24 to 26, inclusive, the words “and a one-time production bonus payment to each city or town with an approved starter home zoning district”.
SECTION 78. Said section 9 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 27 to 29, inclusive, the words “and $3,000 for each housing unit of new construction created in the starter home zoning district”.
SECTION 79. Said section 9 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 38, the words “or starter home zoning districts”.
SECTION 80. Section 10 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 5 and in lines 21 and 22, in each instance, the words “or starter home zoning district”.
SECTION 81. Said section 10 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 12, the words “In a smart growth zoning district, the” and inserting in place thereof the following word:- The.
SECTION 82. Section 11 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 12, 18, 71, 76 and in lines 130 and 131, each time they appear, the words “or starter home zoning district”.
SECTION 83. Section 12 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 3, the words “and starter home zoning district programs” and inserting in place thereof the following word:- program.
SECTION 84. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words “or starter home zoning districts”.
SECTION 85. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “and starter home zoning districts”.
SECTION 86. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 16 and in lines 23 and 24, each time they appear, the words “and one-time production bonus payments”.
SECTION 87. Section 14 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2 and 3, 5 and 6, 8, 15 and 16, and 24, each time they appear, the words “or starter home zoning district”.
SECTION 88. Said section 14 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words “or starter home zoning”.
SECTION 89. The General Laws are hereby further amended by inserting after chapter 40X the following chapter:-
STARTER HOME ZONING DISTRICTS
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Department”, the department of housing and community development.
“Developable land area”, that area within an approved starter home zoning district that can be feasibly developed into residential or mixed-use developments determined in accordance with regulations of the department; provided, however, that developable land area shall not include: (i) land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed land area; (ii) open space designated by the city or town as provided in section 4; or (iii) areas exceeding 1/2 acre of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, such as wetlands; and provided further, that developable land area may include the land area occupied by or associated with underutilized residential, commercial, industrial or institutional buildings or uses that have the potential to be recycled or converted into residential or mixed-use developments as determined in accordance with the regulations of the department.
“Historic district”, a local historic district established under chapter 40C.
“Open space”, shall include, but not be limited to, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use.
“Plan approval authority”, a board or other unit of municipal government designated by the city or town to conduct site plan review of proposed starter home projects.
“Production bonus payment”, a 1-time payment to a municipality from the trust fund for each starter home created in a starter home zoning district.
“Starter home”, a single-family home not exceeding 1,850 square feet of heated living area.
“Starter home zoning district”, a base or overlay zoning district adopted in a municipal zoning ordinance or by-law that complies with the requirements of section 3.
“Sustainable development standards”, provisions in the zoning ordinance or by-law, including, but not limited to, requirements that new development projects: (i) minimize site disturbance and permanently preserve undeveloped open space to the greatest extent practicable; and (ii) collect and manage storm water runoff in accordance with low impact development practices.
“Trust fund”, the Smart Growth Housing Trust Fund, established by section 35AA of chapter 10.
“Zoning incentive payment”, a 1-time payment to a municipality from the trust fund payable upon the municipality’s adoption, and the department’s approval, of an approved starter home zoning district.
Section 2. (a) In its zoning ordinance or by-law, a city or town may adopt a starter home zoning district in any area deemed suitable by the city or town. A starter home zoning district ordinance or by-law, or any amendment thereto or repeal thereof, shall be adopted in accordance with section 5 of chapter 40A; provided, that the ordinance or by-law, or any amendment thereto or repeal thereof, shall be enacted by a simple majority vote of the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are 2 branches, or by a simple majority vote of a town meeting.
(b) Prior to the adoption of a proposed starter home zoning district ordinance or by-law, a city or town shall request a preliminary determination by the department as to whether the proposed starter home zoning district will comply with the requirements of this chapter. A request for a preliminary determination of eligibility shall be submitted by the chief executive of a city or town on a form prescribed by the department, and shall include: (i) the boundaries of the proposed starter home zoning district; (ii) a map and description of the developable land area within the proposed starter home zoning district; (iii) a copy of the proposed starter home zoning district ordinance or by-law; (iv) narrative and exhibits as needed to establish the elements set forth in section 3; and (v) any additional information the department may require in order to make a preliminary determination of eligibility. The department shall respond to such a request within 45 days of receipt of all information required to make such a preliminary determination of compliance.
(c) After the adoption of a proposed starter home zoning district ordinance or by-law, the city or town shall request from the department a final approval of the starter home zoning district. The department shall issue a final approval upon finding that the starter home zoning district as adopted complies with the requirements of this chapter, subject to any conditions imposed by the department as a condition of its approval. The department’s final approval shall be required prior to the disbursement of a zoning incentive payment as set forth in section 6.
(d) The city or town shall provide written notice to the department not less than 45 days before a vote taken to adopt any amendment to the zoning ordinance or by-law as it applies to an approved starter home zoning district. Such notice shall state the number of starter homes that have been built within the district since its adoption and shall include an evaluation of the number of projected starter homes, if any, that will remain developable within the starter home district after the adoption of the proposed amendment.
Section 3. A starter home zoning district shall comply with the following minimum requirements:
(1) Starter homes shall be a use permitted as of right at a density of not fewer than 4 units per acre of developable land area. No other single-family residential uses shall be permitted as of right or by special permit in the starter home zoning district, except the zoning ordinance or by-law may permit construction of an accessory dwelling unit of not more than 600 square feet on the same lot as a starter home. Accessory commercial and other non-residential uses may be allowed in a starter home district with the approval of the department.
(2) Each starter home zoning district shall incorporate sustainable development standards that apply to all starter home developments.
(3) Not less than 50 per cent of the starter homes to be developed in a proposed starter home zoning district, excluding accessory dwelling units, shall contain not fewer than 3 bedrooms.
(4) The zoning ordinance or by-law for each proposed starter home zoning district shall provide that, for any proposed development of more than 12 starter homes, not less than 10 per cent of said starter homes shall be affordable to and occupied by individuals and families whose annual income is less than 110 per cent of the area median income as determined by the United States Department of Housing and Urban Development. The zoning ordinance or by-law shall specify the mechanism by which the city or town will ensure a project complies with such affordability requirements, when applicable, and may require the execution and recording of an affordable housing restriction, as defined in section 31 of chapter 184.
(5) A proposed starter home zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits. In addition, a proposed starter home zoning district shall not be subject to any municipal environmental or health ordinances, by-laws or regulations that exceed applicable requirements of state law or regulation and would render the development contemplated under the application for such district infeasible, as determined by the department.
(6) A starter home zoning district ordinance or by-law shall not impose restrictions on age or any other occupancy restrictions on the district as a whole or any portion thereof or project therein.
(7) Housing in a starter home zoning district shall comply with federal, state and local fair housing laws.
(8) The total land area of all starter home zoning districts in a city or town shall not exceed 15 per cent of the total land area in the city or town. Upon request, the department may approve a larger land area if such approval serves the goals and objectives of this chapter.
Section 4. (a) The starter home zoning district ordinance or by-law may require individual projects to design site plans in a manner that preserves developable land area as open space; provided, that the zoning ordinance or by-law shall allow for 4 starter homes per acre, including the developable land area preserved as open space. The zoning ordinance or by-law may provide for such open space to be preserved through a conservation restriction as defined in section 31 of chapter 184, by the grant of an easement or restriction to the municipal conservation commission or by such other means as is authorized by general or special law.
(b) A local historic district may overlap with a starter home zoning district in whole or in part; provided, that the local historic district shall not render the city or town noncompliant with this chapter, as determined by the department.
(c) The zoning ordinance or by-law applicable to a starter home zoning district may include reasonable design standards applicable to individual starter home projects, to ensure that the physical character of development within the starter home zoning district is complementary to adjacent buildings and structures. Such standards may address the scale and proportions of buildings, the alignment, the width and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs and buffering in relation to adjacent properties. A design standard shall not be adopted if it will add unreasonable costs to starter home developments or unreasonably impair the economic feasibility of proposed starter home projects.
(d) The starter home zoning district zoning ordinance or by-law may provide for site plan review of proposed starter home projects; provided, however, that such review shall be consistent with and subject to the following limitations:
(1) The starter home zoning district ordinance or by-law may require the applicant to pay for reasonable consulting fees to provide peer review of the applications for the benefit of the plan approval authority; provided, that fees shall be held by the municipality in a separate interest-bearing account and used solely for expenses associated with the review of the development application by outside consultants. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.
(2) The starter home zoning district ordinance or by-law may provide for the referral of the plan to municipal officers, agencies or boards other than the plan approval authority for comment; provided, that any such board, agency or officer shall provide any comments to the plan approval authority within 60 days of its receipt of a copy of the plan.
(3) Notwithstanding any provision in the zoning code or by-law to the contrary, the decision of the plan approval authority shall be made, and a written notice of the decision filed with the city or town clerk, not later than 120 days after the receipt of a complete application by the city or town clerk, unless such timeframe for decision is extended by written agreement between the applicant and the plan approval authority. Failure of the plan approval authority to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan. An applicant who seeks approval of a plan by reason of the failure of the plan approval authority to act within said 120 days shall notify the city or town clerk, in writing, within 14 days after the expiration of said 120 days or extended time, if applicable. Such notice to the city or town clerk shall specify relevant details of the application timeline demonstrating the lack of decision by the plan approval authority.
(4) Notwithstanding any provision of the starter home zoning district ordinance or by-law to the contrary, the plan approval authority may approve a site plan subject only to those conditions that are necessary to: (i) ensure substantial compliance of the proposed project with the requirements of the starter home zoning district ordinance or by-law; (ii) ensure public safety or the safety of persons living in or visiting the proposed project; or (iii) mitigate any extraordinary adverse impacts of the project on nearby properties.
(5) The department may establish additional standards or limitations for site plan review pursuant to this section.
Section 5. Not less than once annually, on or before a date specified by the department, each city or town with 1 or more approved starter home zoning districts shall submit to the department the following information:
(1) whether the city or town has repealed or amended, or proposed to amend or repeal, any of the requirements applicable to the starter home zoning district or districts;
(2) whether there are any pending proposals to construct starter homes within the starter home zoning district or districts; and
(3) whether any starter homes have been constructed within the starter home zoning district or districts, and if so, whether those projects comply with the zoning requirements applicable to the district or districts.
Section 6. Subject to any conditions imposed by the department as a condition of approving a starter home zoning district, each city or town with an approved starter home zoning district shall be entitled to a 1-time zoning incentive payment upon approval of the district by the department in accordance with the schedule set forth in subsection (a) of section 9 of chapter 40R and a production bonus payment of $3,000 for each starter home created in the starter home zoning district.
Section 7. (a) The department may revoke its approval of an approved starter home zoning district if, at any time, the department determines that:
(1) a city or town with an approved starter home zoning district has not complied with the requirements of this chapter;
(2) the zoning applicable to an approved starter home zoning district no longer complies with the requirements of this chapter;
(3) the zoning applicable to an approved starter home zoning district has been amended in such a way that reduces the number of starter homes that can be developed within the starter home zoning district; or
(4) no building permits have been issued for any starter homes within the starter home zoning district within 5 years from the date of the department’s approval of the district.
The department may revoke the approval of an approved starter home zoning district only after conducting a hearing in accordance with chapter 30A unless the municipality waives its right to such a hearing in writing. The department’s revocation of approval shall not affect the validity of the starter home zoning district ordinance or by-law, as applicable, or the application of such ordinance or by-law to land, development or proposed development within the starter home zoning district.
(b) If the department revokes its approval of an approved starter home zoning district, the affected city or town shall repay to the department the zoning incentive payment, or such portion thereof as the department may specify. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.
Section 8. The department may promulgate regulations for the administration and enforcement of this chapter.
SECTION 90. Section 2 of chapter 61 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 40, the word “October” and inserting in place thereof the following word:- December.
SECTION 91. Said section 2 of said chapter 61, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:- If, in the judgment of the assessors, land which is classified as forest land or which is the subject of an application for such classification is not being managed under a program, is being used for purposes incompatible with forest production or does not otherwise qualify under this chapter, the assessors may, not later than February 1 in any year, file an appeal in writing, which shall be sent by certified mail, to the state forester requesting a denial of the application or, in the case of classified forest land, requesting removal of the land from such classification. The appeal shall state the reasons for the request. A copy of the appeal shall be sent by the assessors by certified mail to the owner of the land. Not later than December 1 of any year, the state forester may initiate a proceeding to remove the land from classification and shall send notice of the action by certified mail to the assessors and the owner of the land. The state forester may deny the owner’s application, may withdraw all or part of the land from classification or may grant the application, imposing terms and conditions that the state forester deems reasonable to carry out this chapter and shall notify the assessors and the owner of that decision not later than March 1 of the following year. If the owner or the assessors are aggrieved by a decision of the state forester, the aggrieved party may, not later than June 15, submit a notice of appeal to the state forester. Not later than 30 days after receipt of a notice of appeal from an aggrieved party, the state forester shall convene a panel in the region in which the land is located. The panel shall consist of 3 persons, 1 of whom shall be selected by the state forester, 1 of whom shall be selected by the assessors and 1 of whom shall be selected jointly by the state forester and the assessors. The panel shall give written notice of the date, time and place of the hearing to the parties by certified mail not less than 7 days before the date of that hearing. The panel shall provide written notice to the parties, of its decision not later than 10 days after the adjournment of the hearing. Decisions of the panel shall be by majority vote of its members. If the owner or the assessors are aggrieved by a decision of the panel, the aggrieved party may, not later than 45 days after receipt of the decision, petition the superior court in the county in which the land is located for a review of the decision pursuant to chapter 30A or petition the appellate tax board pursuant to chapter 58A; provided, however, that the land shall not be classified or withdrawn from classification until the final determination of the petition. The state forester may adopt such regulations as the state forester deems necessary to administer this chapter.
SECTION 92. Chapter 61A of the General Laws is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:- Section 6. The eligibility of land for valuation, assessment and taxation pursuant to section 4 shall be determined separately for each tax year. An application for eligibility shall be submitted to the board of assessors in the city or town in which the land is situated by not later than December 1 preceding each tax year for which the valuation, assessment and taxation are being sought, and once submitted, the application shall not be withdrawn. An application shall be made on a form prescribed by the commissioner of revenue and provided to applicants by the board of assessors. The form shall provide for the reporting of information pertinent to this chapter and to Article XCIX of the Amendments to the Constitution of the commonwealth and for certification by the applicant that the applicant will immediately, but not later than December 1 of the following year, notify the board of assessors in writing of any subsequently developing circumstance within the applicant’s control or knowledge which may cause a change in use of the land covered by the form. An application submitted pursuant to this section for leased land shall be accompanied by a written statement of the lessee’s intent to use the land for the purposes in the application and shall be signed by the lessee. The landowner shall certify under the penalties of perjury, in a manner prescribed by the commissioner, that the information in the landowner’s application is true. If the application is allowed pursuant to section 9, the classification of the land as actively devoted to agricultural, horticultural or agricultural and horticultural use shall take effect on January 1 preceding the beginning of the tax year to which the application relates and taxation pursuant to this chapter shall commence with that tax year.
SECTION 93. Section 7 of said chapter 61A, as so appearing, is hereby amended by striking out, in line 3, the words “October first and June thirtieth” and inserting in place thereof the following words:- December 1 and June 30.
SECTION 94. Said chapter 61A is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-
Section 8. Notwithstanding any provision of this chapter to the contrary, in any tax year for which a city or town has undertaken and completed a program of revaluation of all property in that city or town and the commissioner of revenue has certified that the revalued property is assessed by the board of assessors at full and fair cash valuation, applications by landowners for the valuation, assessment and taxation of their lands on the basis of being actively devoted to agricultural, horticultural or agricultural and horticultural use that are filed with the board of assessors by not later than the last day for filing an application for abatement of the tax assessed on the new valuation, shall be deemed to have been timely made for the tax year of the revaluation program. If the application is approved and the lands qualify for valuation, assessment and taxation as lands maintained for recreational use in that tax year, the portion of any tax assessed for that year which is in excess of the tax that would have been assessed on the lands, if the application had been timely made and approved, shall be abated.
SECTION 95. Section 14 of said chapter 61A, as so appearing, is hereby amended by striking out, in lines 113 to 116, inclusive, the words “no less than 70 per cent of the land in use as forest land as defined in section 1, as agricultural and horticultural land as defined in sections 1 and 2 of chapter 61A or as recreation” and inserting in place thereof the following words:- not less than 70 per cent of the land in use as forest land as defined in section 1 of chapter 61, as land in agricultural or horticultural use as defined in sections 1 and 2 or as recreational.
SECTION 96. Chapter 61B of the General Laws is hereby amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. The eligibility of land for valuation, assessment and taxation pursuant to this chapter shall be determined separately for each tax year. An application for eligibility shall be submitted to the board of assessors in the city or town in which the land is situated by not later than December 1 of the preceding tax year for which the valuation, assessment and taxation is being sought. The application shall be made on a form prescribed by the commissioner of revenue and provided to applicants by the board of assessors. The form shall provide for the reporting of information pertinent to this chapter and for certification by the applicant that the applicant will immediately, but not later than the December 1 of the following year, notify the board of assessors in writing of any subsequent circumstance within the applicant’s control or knowledge which may cause a change in use of the land covered by the form. An application submitted pursuant to this section for leased land shall be accompanied by a written statement of the lessee’s intent to use the land for the purposes in the application and shall be signed by the lessee. The landowner shall certify under the penalties of perjury, in a manner prescribed by the commissioner, that the information in the landowner’s application is true. If the application is allowed pursuant to section 6, the classification of the land as recreational land shall take effect on January 1 preceding the beginning of the tax year to which the application relates and taxation pursuant to this chapter shall commence with that tax year.
SECTION 97. Section 4 of said chapter 61B, as so appearing. is hereby amended by striking out, in lines 2 and 3, the words “October first and June thirtieth” and inserting in place thereof the following words:- December 1 and June 30.
SECTION 98. Said chapter 61B is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-
Section 5. Notwithstanding any provision of this chapter to the contrary, in any tax year for which a city or town has undertaken and completed a program of revaluation of all property in that city or town and the commissioner of revenue has certified that revalued property is assessed by the board of assessors at full and fair cash valuation, applications by landowners for the valuation, assessment and taxation of their lands on the basis of being maintained in recreational use, if filed with the board of assessors by not later than the last day for filing an application for abatement of the tax assessed on the new valuation, shall be deemed to have been timely made for the tax year of the revaluation program. If the application is approved and the lands qualify for valuation, assessment and taxation as lands actively devoted to agricultural, horticultural or agricultural and horticultural use in that tax year, the portion of a tax assessed for that year which is in excess of the tax which would have been assessed on the lands if the application had been timely made and approved, shall be abated.
SECTION 99. Section 6 of said chapter 61B, as so appearing, is hereby amended by striking out, in line 13, the words “a disallowance” and inserting in place thereof the following words:- an allowance.
SECTION 100. Section 9 of said chapter 61B, as so appearing, is hereby amended by striking out the eighteenth paragraph and inserting in place thereof the following paragraph:-
The assignment shall be for the purpose of maintaining not less than 70 per cent of the land in use as forest land as defined in section 1 of chapter 61, as agricultural and horticultural land as described in sections 1 and 2 of chapter 61A or as recreation land as described in section 1 of this chapter and the assignee shall not develop a greater proportion of the land than was proposed by the developer whose offer gave rise to the assignment. All land other than land that is to be developed shall then be bound by a permanent deed restriction that meets the requirements of chapter 184.
SECTION 101. Subsection (aa) of section 6 of chapter 62 of the General Laws, as inserted by section 7 of chapter 154 of the acts of 2022, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) An employer engaged in business in the commonwealth that is not a business corporation subject to the excise under chapter 63 and employs not more than 100 employees may be allowed a credit equal to $2,000 for each member of the Massachusetts national guard hired by the employer. A business that is eligible for and claims the credit allowed under this subsection in a taxable year shall be eligible for a second credit of $2,000 in the subsequent taxable year with respect to such member of the Massachusetts national guard, subject to certification of continued employment by the employer to the Massachusetts office of business development during the subsequent taxable year.
SECTION 102. Said subsection (aa) of said section 6 of said chapter 62, as so inserted, is hereby further amended by adding the following 2 paragraphs:-
(6) The Massachusetts office of business development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this subsection and section 38KK of chapter 63 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this subsection.
(7) The Massachusetts office of business development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit; provided, however, that the credit shall be authorized for all eligible applicants on a first-come, first-served basis; provided, that the $1,000,000 limit on the total cumulative value of the credits authorized annually set forth in subparagraph (5) shall not be exceeded.
SECTION 103. Said section 6 of said chapter 62 is hereby further amended by striking out subsections (aa) and (bb), as inserted by section 44 of chapter 179 of the acts of 2022, and inserting in place thereof the following 2 subsections:-
(bb)(1) A taxpayer, to the extent authorized by the offshore wind tax incentive program established in subsection (d) of section 8A of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.
(2) A taxpayer taking a credit under this subsection shall commit to the creation of not less than 50 net new permanent full-time employees in the commonwealth.
(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the offshore wind tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(4) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $35,000,000 annually as set forth in subsection (d) of section 8A of chapter 23J.
(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.
(cc)(1) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure, facility or other improvements to real property, including, but not limited to, site-related utility and transportation infrastructure improvements.
“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.
“Certified offshore wind company”, as defined in section 1 of chapter 23J.
“Offshore wind facility”, any building, complex of buildings or structural components of buildings, including water access infrastructure, and all machinery and equipment used in the manufacturing, assembly, development or administration of component parts that are primarily used to support the offshore wind industry.
“Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to an offshore wind facility; or (ii) ground leases the land underlying the facility for at least 50 years.
“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in an offshore wind facility.
(2) An owner or tenant, to the extent authorized by the offshore wind tax incentive program established in section 8A of chapter 23J, may take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of up to 50 per cent of its total capital investment in an offshore wind facility. The total amount of tax credit awarded pursuant to this subsection shall be distributed in equal parts over the 5 taxable years that correspond to the period in which the owner or tenant is certified pursuant to said section 8A of said chapter 23J.
(3) An owner shall be eligible for a tax credit authorized under this subsection if the owner demonstrates to the center that: (i) the owner is a certified offshore wind company; (ii) the owner’s total capital investment in the offshore wind facility equals not less than $35,000,000; and (iii) the offshore wind facility will employ not less than 200 new full-time employees by the fifth year of the owner’s certification period under section 8A of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.
(4) A tenant shall be eligible for a tax credit authorized pursuant to this subsection if the tenant demonstrates to the center that: (i) the tenant is a certified offshore wind company; (ii) the owner has made a total capital investment in the facility that equals not less than $35,000,000; (iii) the tenant occupies a leased area of the offshore wind facility that represents not less than 25 per cent of the owner’s capital investment in the facility; and (iv) the tenant will employ, in the aggregate with other tenants at the offshore wind facility, not less than 200 full-time employees by the fifth year of the tenant’s certification period pursuant to section 8A of chapter 23J. Upon verification, the center will provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded to a tenant under this subsection for a taxable year shall not exceed the tenant’s total lease payments for occupancy of the offshore wind facility for the taxable year.
(5) An owner or tenant taking a credit authorized in this subsection shall not take the credits authorized in subsections (g) or (bb) in the same taxable year.
(6) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $35,000,000 annually as set forth in subsection (d) of section 8A of chapter 23J.
(7) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.
(8) The department of revenue shall promulgate such rules and regulations as are necessary to administer the credit established in this subsection.
SECTION 104. Section 38KK of chapter 63 of the General Laws, as inserted by section 8 of chapter 154 of the acts of 2022, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) A business corporation with not more than 100 employees may be allowed a credit against its excise due under this chapter in an amount equal to $2,000 for each member of the Massachusetts national guard hired by the business corporation. A business corporation that is eligible for and claims the credit allowed under this section in a taxable year with respect to a member of the Massachusetts national guard shall be eligible for a second credit of $2,000 in the subsequent taxable year with respect to such member of the Massachusetts national guard, subject to certification of continued employment by the employer to the Massachusetts office of business development during the subsequent taxable year.
SECTION 105. Said section 38KK of said chapter 63, as so inserted, is hereby further amended by adding the following 2 subsections:-
(f) The Massachusetts office of business development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this section and subsection (aa) of section 6 of chapter 62 and allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this section.
(g) The Massachusetts office of business development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit; provided, that the credit shall be authorized for all eligible applicants on a first-come, first-served basis; and provided further, that the $1,000,000 limit on the total cumulative value of the credits authorized annually set forth in subsection (e) shall not be exceeded.
SECTION 106. Said chapter 63 is hereby further amended by striking out sections 38KK and 38LL, as inserted by section 45 of chapter 179 of the acts of 2022, and inserting in place thereof the following 2 sections:-
Section 38LL. (a)(1) A corporation subject to tax under this chapter, to the extent authorized by the offshore wind tax incentive program established in subsection (d) of section 8A of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.
(2) A corporation taking a credit under this section shall commit to the creation of not less than of 50 net new permanent full-time employees in the commonwealth.
(3) A credit allowed under this section shall reduce the liability of the corporation under this chapter for the taxable year. If a credit claimed under this section by a corporation exceeds the corporation’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the offshore wind tax incentive program, shall be refundable to the corporation. Excess credit amounts shall not be carried forward to other taxable years.
(4) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $35,000,000 annually as set forth in subsection (d) of section 8A of chapter 23J. Section 38MM. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure, facility or other improvements to real property, including, but not limited to, site-related utility and transportation infrastructure improvements.
“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.
“Certified offshore wind company”, as defined in section 1 of chapter 23J.
“Offshore wind facility”, any building, complex of buildings or structural components of buildings, including water access infrastructure, and all machinery and equipment used in the manufacturing, assembly, development or administration of component parts that are primarily used to support the offshore wind industry.
“Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds title to an offshore wind facility; or (ii) ground leases the land underlying an offshore wind facility for at least 50 years.
“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in an offshore wind facility.
(b) An owner or tenant, to the extent authorized by the offshore wind tax incentive program established in section 8A of chapter 23J, may take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of up to 50 per cent of its total capital investment in an offshore wind facility. The total amount of tax credit awarded pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond to the period in which the owner or tenant is certified pursuant to said section 8A of said chapter 23J.
(c) An owner shall be eligible for a tax credit authorized under this section if the owner demonstrates to the center that: (i) the owner is a certified offshore wind company; (ii) the owner’s total capital investment in the offshore wind facility equals not less than $35,000,000; and (iii) the offshore wind facility will employ not less than 200 new full-time employees by the fifth year of the owner’s certification period under section 8A of chapter 23J. Upon verification, the center will provide this information to the department of revenue for the purpose of administering the credit.
(d) A tenant shall be eligible for a tax credit authorized pursuant to this section if the tenant demonstrates to the center that: (i) the tenant is a certified offshore wind company; (ii) the owner has made a total capital investment in the facility that equals not less than $35,000,000; (iii) the tenant occupies a leased area of the offshore wind facility that represents not less than 25 per cent of the owner’s capital investment in the facility; and (iv) the tenant will employ, in the aggregate with other tenants at the offshore wind facility, not less than 200 full-time employees by the fifth year of the tenant’s certification period under section 8A of chapter 23J. Upon verification, the center will provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this section to a tenant for a taxable year shall not exceed the tenant’s total lease payments for occupancy of the offshore wind facility for the taxable year.
(e) An owner or tenant taking a credit authorized in this section shall not take the credits authorized in sections 38N or 38LL in the same taxable year.
(f) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $35,000,000 annually as set forth in subsection (d) of section 8A of chapter 23J.
(g) The department of revenue shall promulgate such rules and regulations as are necessary to administer the credit established in this section.
SECTION 107. Section 2 of chapter 64N of the General Laws, as most recently amended by section 5 of chapter 180 of the acts of 2022, is hereby amended by striking out the second paragraph.
SECTION 108. Section 5 of said chapter 64N, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- Notwithstanding the previous paragraph, all monies received by the commonwealth equal to 1 per cent of the total sales price of the sale of marijuana or marijuana products from that portion of the excise imposed by section 2 from a marijuana retailer that is a social equity business, as defined in section 1 of chapter 94G, shall, not less than quarterly, be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has at least 1 marijuana retailer that is a social equity business, in proportion to the amount of the sums received from the sale of marijuana or marijuana products by any such marijuana retailer in the city or town. Any city or town seeking to dispute the commissioner’s calculation of its distribution under this paragraph shall notify the commissioner, in writing, not later than 1 year from the date the money was distributed by the commissioner to the city or town.
SECTION 109. Section 16 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out, in line 152, the word “five” and inserting in place thereof the following figure:- 25.
SECTION 110. Chapter 94C of the General Laws is hereby amended by inserting after section 19D the following section:-
Section 19E. (a) As used in this section and unless the context clearly requires otherwise, “COVID-19 control measure” shall mean a COVID-19 drug, COVID-19 test or other COVID-19 diagnostic device approved or otherwise authorized by the federal Food and Drug Administration.
(b) Notwithstanding any general or special law to the contrary, the commissioner or an actively practicing physician who currently prescribes a COVID-19 drug, is designated by the commissioner and is registered to prescribe or dispense a controlled substance in the course of professional practice under section 7 may issue a standing order that may be used for a licensed pharmacist to dispense a COVID-19 control measure. A standing order issued pursuant to this section shall include, but not be limited to, written standardized procedures or protocols developed by the commissioner, in collaboration with an actively practicing physician who currently prescribes a COVID-19 drug. Such procedures and protocols shall be consistent with the federal Food and Drug Administration’s revised Emergency Use Authorization for Paxlovid issued July 6, 2022 and declarations issued by the United States Department of Health and Human Services under the federal Public Readiness and Emergency Preparedness Act.
(c) Notwithstanding any general or special law to the contrary, a pharmacist may dispense a COVID-19 control measure in accordance with a standing order issued under subsection (b); provided, however, that before dispensing a COVID-19 drug authorized under this section, a pharmacist shall complete a training program approved by the commissioner on COVID-19 drugs that shall include, but not be limited to, evaluation of the patient’s medical history and relevant records including recent reports of laboratory blood work to review for kidney or liver problems, clinical considerations relative to contraindications with commonly prescribed medications, recommendations for clinical monitoring for side effects and appropriate recommendation that the patient follow up with a medical practitioner.
(d) A pharmacist who dispenses a COVID-19 control measure in accordance with a standing order issued under subsection (b) shall, upon request, report to the department on the doses, tests or devices dispensed. Reports shall be confidential and shall not constitute a public record under clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that includes aggregate information about the dispensing of COVID-19 control measures in the commonwealth.
(e) A pharmacist who dispenses a COVID-19 control measure pursuant to this section shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the dispensing of a prescription to the person purchasing the COVID-19 control measure in accordance with the standing order. Unless the person purchasing the COVID-19 control measure requests to pay for the prescription out-of-pocket, the pharmacist shall make a reasonable effort to identify the purchaser’s insurance coverage and submit a claim for the COVID-19 control measure to the insurance carrier prior to dispensing the COVID-19 control measure.
(f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues a statewide standing order under subsection (b) and any pharmacist who, acting in good faith, directly or through the standing order, dispenses a COVID-19 control measure in accordance with a standing order issued under said subsection (b) shall not be subject to any criminal or civil liability or any professional disciplinary action.
(g) The department, the board of registration in medicine and the board of registration in pharmacy may promulgate regulations to implement this section.
SECTION 111. Clause (xxxvi) of subsection (a½) of section 4 of chapter 94G of the General Laws, as inserted by section 15 of chapter 180 of the acts of 2022, is hereby amended by striking out the words “section 3; and” and inserting in place thereof the following words:- section 3;.
SECTION 112. Clause (xxxvii) of said subsection (a½) of said section 4 of said chapter 94G, as so inserted, is hereby amended by striking out the words “standards.” and inserting in place thereof the following words:- standards; and
SECTION 113. Said subsection (a½) of said section 4 of said chapter 94G, as most recently amended by said section 15 of said chapter 180, is hereby further amended by adding the following clause:-
(xxxviii) procedures and policies for the commission to provide the department of revenue with a list of businesses that qualify as social equity businesses to facilitate the department of revenue’s timely certification of the amounts required to be distributed, credited and paid to cities and towns pursuant to section 5 of chapter 64N.
SECTION 114. Chapter 111 of the General Laws is hereby amended by inserting after section 27D the following 2 sections:-
Section 27E. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Department”, the department of public health.
“Registered sanitarian”, a sanitarian who has been duly registered by the department and who maintains such active registration.
“Sanitarian”, a person with broad basic education, experience in the physical, biological and social sciences, supplemented by specialization in the field of sanitary sciences and technology, and who is qualified to carry out instructional and inspectional duties and enforce the laws in the field of environmental sanitation.
(b) The department shall establish requirements for the registration of sanitarians in the commonwealth. The department shall prescribe the duties and qualifications of a registered sanitarian and shall develop a process and application for registration as a sanitarian. The department shall establish minimum standards for educational qualifications of applicants. A person who desires to be registered as a sanitarian and who meets this educational qualification shall complete an application, on a form to be prescribed and furnished by the department and shall include with such application proof of satisfactory education, training and experience to meet the requirements for certification and proof of having passed such licensing examination as approved or administered by the department. The application shall include an examination, the sufficiency of which is to be determined by the department. The application shall be accompanied by a registration fee to be determined by the secretary of administration and finance under section 3B of chapter 7. If the applicant is determined qualified by the department, the applicant shall be registered by the department as a sanitarian, with the right to use the title registered sanitarian and the letters “R.S.”
(c) Such registration shall expire at the end of the calendar year and may be renewed not later than January 15 of the following year; provided, however, that a person seeking such renewal shall provide evidence of such continuing education as the department shall require by regulation. The fee for renewal of registration shall be determined by the secretary of administration and finance under section 3B of chapter 7 and shall be acknowledged by sending the person certified a notice of renewal.
(d) The department shall promulgate such rules and regulations as necessary to administer this chapter. Such rules and regulations may provide for the issuance of certificates of registration without examination to persons holding certificates of registration or licenses as sanitarians under the laws of another state.
(e) No individual may assume such title or list the credentials of registered sanitarian to indicate that the person is a registered sanitarian unless so registered by the department.
Section 27F. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Certified health officer”, a health officer who has been duly certified by the department and who maintains such active certification.
“Department”, the department of public health.
“Health officer”, a person with a broad basic education and experience in the physical and biological and social sciences supplemented by specialization in the field of health administration and who is qualified to carry out public health administrative duties and enforce the laws in the field of public health.
(b) The department shall establish the requirements for the certification of health officers. The department shall prescribe the duties and qualifications of a certified health officer and shall develop a process and application for certification as a health officer. The department shall establish minimum standards for educational qualifications of applicants. A person who desires to be certified as a health officer and who meets the educational qualifications shall complete an application, on a form to be prescribed and furnished by the department and shall include with such application proof of satisfactory education, training and experience to meet the requirements for certification and proof of having passed the licensing examination as approved or administered by the department. The application shall be accompanied by a registration fee to be determined by the secretary of administration and finance under section 3B of chapter 7. If the department deems the educational qualifications of an applicant are satisfactory and if such applicant passes a written examination satisfactory to the department, the department shall issue to the applicant a certificate, with the right to use the title certified health officer and the letters “CHO”.
(c) Health officer certification shall expire at the end of the calendar year and may be renewed on or before January 15 of the following year; provided, however, that a person seeking such renewal shall provide evidence of such continuing education as the department shall require by regulation. The fee for certification or renewal shall be determined by the secretary of administration and finance under section 3B of chapter 7 and shall be acknowledged by sending the person certified a notice of renewal.
(d) The department shall promulgate rules and regulations necessary to administer this chapter. Such rules and regulations may provide for the issuance of certification without examination to any person holding a certification as health officer under the laws of another state.
(e) No person shall use the title or list the credentials of certified health officer to indicate that the person is a certified health officer unless the person is certified by the department.
Governor returned the following section with a recommendation of amendment, for message see H5388
SECTION 115. Section 72W of said chapter 111, as appearing in the 2020 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph:-
A nurses’ aide who receives their training and works in a facility whose resident population is predominantly non-English speaking, shall be offered the option to take the nurses’ aide certification exam in a language other than English, including, but not limited to, Spanish and Chinese; provided, however, that the department shall determine which languages the exam shall be offered in.
SECTION 116. Sections 87LL to 87OO, inclusive, and sections 87WWW to 87ZZZ inclusive, of chapter 112 of the General Laws are hereby repealed.
SECTION 117. Section 1 of chapter 121B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the definition of “Blighted open area”, the following definition:-
“Capital funds”, funds advanced by the department to a housing authority to finance capital outlays for housing production or preservation from proceeds of a bond authorization as defined in section 1 of chapter 29.
SECTION 118. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by inserting, after the definition of “Relocation project”, the following definition:-
“Replacement units”, low-rent housing created to replace an existing housing project that is demolished or disposed of under subsection (k) of section 26; provided, that such units may be included within a privately-owned mixed-income development that also includes dwellings that are not low-rent housing; and provided further, that the use and occupancy of the replacement units is subject to a binding legal contract and land use restriction under paragraph (7) of subsection (k) of section 26.
SECTION 119. Section 26 of said chapter 121B is hereby amended by inserting after the word “sale”, in line 91, as so appearing, the following words:- or other disposition.
SECTION 120. Subsection (k) of said section 26 of said chapter 121B, as amended by section 72 of chapter 39 of the acts of 2021, is hereby further amended by striking out paragraphs (1) to (4), inclusive, and inserting in place thereof the following 4 paragraphs:-
(1) found that all or a substantial portion of such existing housing project or part thereof requires such substantial modernization or rehabilitation to continue to provide decent, safe and sanitary housing and that, in the judgment of the department, the required substantial modernization or rehabilitation cannot feasibly be executed by the housing authority pursuant to this chapter;
(2) approved the proposed project, including a relocation plan for occupants of the existing project and a plan to make housing available on the land where the existing project is situated, in which the number of replacement units restricted as low-rent housing for occupancy by low-income persons or families shall be the same as the number of low-rent housing units in the existing housing project or part thereof that is subject to demolition or disposition, unless the department determines that: (i) a shortage of low-rent housing no longer exists in the applicable city or town; or (ii) the reduction in the number of units is necessary to increase the number of units that are accessible for persons with disabilities, which project may include plans to use a portion of such land for market-rate housing or for a public purpose ancillary to such development and approved by the department;
(3) approved the sale or other disposition and the terms thereof, which shall be at a value determined through procedures customarily accepted by the appraising profession as valid, unless the department determines that a below-market disposition would be in the public interest in order to support the continued occupancy of dwelling units in the new development by low-income persons or families;
(4) determined that the availability of funds to the housing authority for such project is conditioned upon the occurrence of the initial mortgage loan closing for the development of new or rehabilitated housing on the land where the existing project is situated, and the housing authority has selected, through a qualifications-based competitive procurement process approved by the department, a developer best qualified to: (i) develop, own and operate the new or rehabilitated housing on the existing land; (ii) provide for such development of the new housing within a reasonable time in accordance with department-approved contracts; and (iii) assure continued occupancy of the required number of replacement units in the new development by low-income persons or families in accordance with this chapter.
SECTION 121. Said subsection (k) of said section 26 of said chapter 121B, as so amended, is hereby further amended by adding the following paragraph:-
(7) approved a binding legal contract and land use restriction to be entered into by the transferee of the property in favor of the local housing authority and the department that requires compliance with this chapter and the department’s regulations to the extent this chapter and the department’s regulations apply to tenancy in and application to public housing, as determined by the department, with respect to the replacement units in the same manner and to the same effect as if the transferee were a housing authority; provided, however, that the department may waive this requirement as may be necessary to secure financing; and provided further, that the contract shall require compliance in perpetuity unless the department determines that the project financing requires the use of federal low-income housing tax credits and that compliance in perpetuity would make it not feasible to comply with Internal Revenue Service requirements with respect to the low-income housing tax credit program.
SECTION 122. Subsection (p) of said section 26 of said chapter 121B, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 243, the words “this section or section 34” and inserting in place thereof the following words:- this chapter.
SECTION 123. Said subsection (p) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by inserting after the words “feasible to”, in line 248, the following words:- maintain or to.
SECTION 124. Said subsection (p) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by inserting after the word “demolition”, in line 252, the following words:- or other disposition.
SECTION 125. Said subsection (p) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 254, the words “as of November 1, 2012”, and inserting in place thereof the following words:- for reasons the department has determined not to be the fault of the housing authority for not less than 2 years.
SECTION 126. Said section 26 of said chapter 121B, as amended by section 72 of chapter 39 of the acts of 2021, is hereby further amended by adding the following subsection:-
(q) Notwithstanding section 16 of chapter 30B or any general or special law to the contrary, a housing authority may dispose of property pursuant to this section or section 34 to a developer selected by competitive, qualifications-based procurement without separately soliciting proposals for the property disposition; provided, however, that the developer procurement shall declare the property available for disposition and that, in the case of a disposition of property pursuant to subsection (k), the number of replacement units required under paragraph (2) of said subsection (k) are provided. Without limiting the generality of the foregoing:
(1) A housing authority shall not be required to determine the value of the property prior to soliciting proposals for selection of a developer best qualified to develop, own and operate the new or rehabilitated housing on the land; provided, however, that prior to disposition of property by deed or other instrument, the housing authority shall determine the value of the property through procedures customarily accepted by the appraising profession as valid prior to the sale or other disposition of the property and if, with the approval of the department, the housing authority decides to dispose of the property at a price less than the value as so determined, the housing authority shall publish notice of its decision in the central register, explaining the reasons for its decision and disclosing the difference between such value and the price to be received; and
(2) A housing authority shall not be required to specify all the restrictions that may be placed on the subsequent use of the property prior to selecting a developer through a qualifications-based competitive procurement process; provided, however, that the developer procurement shall identify the minimum number of dwelling units in the new development that shall be occupied by low-income families; and provided further, that in the case of a disposition pursuant to subsection (k), such minimum number shall conform to the requirements of paragraph (2) of said subsection (k).
SECTION 127. Section 29 of said chapter 121B, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any provision of this chapter to the contrary, if a housing authority does not own, lease or manage any housing project eligible to receive ongoing capital or operating assistance under section 32 or 34, the department shall not investigate such housing authority’s budgets, finances, dealings, transactions and relationships or other affairs, and the department shall not require periodic reporting by any such housing authority. Without limiting the generality of the foregoing, a housing authority that does not own, lease or manage any housing project eligible to receive ongoing capital or operating assistance under said section 32 or 34 shall not be required to: (i) participate in a training program under section 5B; (ii) submit contracts with its executive director to the department for review pursuant to section 7A; (iii) participate in the performance-based monitoring program established pursuant to section 26B; (iv) participate in the regional capital assistance team program established pursuant to section 26C; (v) prepare and submit an annual plan pursuant to section 28A and this section; or (vi) prepare and submit, or make available, a written report and agreed upon procedures for review of housing authority financial records pursuant to this section.
SECTION 128. Section 34 of said chapter 121B, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:- The proceeds of any sale or other disposition of such project in excess of the total of all obligations of the housing authority with respect to such project shall, after the payment of all bonds issued by the housing authority to finance the cost of such project and payment of the costs of the sale or disposition, be retained by the housing authority for the preservation, modernization and maintenance of its public housing assisted under this chapter as approved by the department, or if the housing authority has no public housing assisted pursuant to this chapter, such proceeds shall be paid to the department to fund capital improvements for the preservation, modernization and maintenance of state-aided public housing.
SECTION 129. Said section 34 of said chapter 121B, as so appearing, is hereby further amended by striking out the tenth paragraph and inserting in place thereof the following paragraph:- Whenever a housing authority shall determine that land acquired by it pursuant to clause (d) of section 11 for the purpose of this section is in excess of or no longer required for such purpose it may, upon approval by the department, sell or otherwise dispose of the land by deed or instrument approved as to form by the attorney general. If the housing authority is disposing of such land for purposes of housing development, it may do so in accordance with section 26. So long as any bonds issued by a housing authority to finance the cost of a project under this section or section 35 and guaranteed by the commonwealth are outstanding, funds received from a disposition of land as provided in this chapter shall be applied in accordance with the fourth paragraph of this section. After the payment of all bonds issued by the housing authority to finance the cost of such project, funds received shall be applied in accordance with the fifth paragraph of this section.
SECTION 130. Said section 34 of said chapter 121B, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, construction and development activity related to redevelopment of state-aided or federally-aided public housing projects where the land, buildings or structures associated with the housing project have been conveyed or transferred to an affiliated non-profit or private entity for purposes of completing the redevelopment shall not be subject to any general or special law related to the procurement and award of contracts for the planning, design, construction management, construction, reconstruction, installation, demolition, maintenance or repair of buildings by a public agency; provided, however, that the department shall review and approve the procurement processes used to undertake this redevelopment in accordance with subsection (q) of section 26; and provided further, that all construction, reconstruction, alteration, installation, demolition, maintenance or repair shall be subject to sections 26 to 27F, inclusive, and section 29 of chapter 149. The department shall request rates and updates from the division of labor standards for these projects.
SECTION 131. Section 206 of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Control”, the following 2 definitions:-
“Division”, the division of insurance.
“Enterprise risk”, any activity, circumstance, event or series of events involving 1 or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer’s risk-based capital to fall into company action level as set forth by the commissioner by regulation or would cause the insurer to be in hazardous financial condition as set forth in section 3 of chapter 175J.
SECTION 132. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Group-wide supervisor”, the following definition:- “Group capital calculation instructions”, the group capital calculation instructions as adopted by the National Association of Insurance Commissioners and as amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners.
SECTION 133. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Internationally active insurance group”, the following definition:-
“National Association of Insurance Commissioners liquidity stress test framework” or “Framework”, a publication from the National Association of Insurance Commissioners that includes a history of the National Association of Insurance Commissioners’ development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions and reporting template as adopted by the National Association of Insurance Commissioners and as amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners.
SECTION 134. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Person”, the following definition:-
“Scope criteria”, the designated exposure bases, along with minimum magnitudes thereof for the specified data year, used to establish a preliminary list of insurers considered scoped into the National Association of Insurance Commissioners liquidity stress test framework for that data year, as detailed in the National Association of Insurance Commissioners liquidity stress test framework.
SECTION 135. Subsection (d) of section 206C of said chapter 175, as so appearing, is hereby amended by adding the following sentence:-
The determination of materiality in this subsection shall not apply for purposes of the group capital calculation or the liquidity stress test framework.
SECTION 136. Subsection (m) of said section 206C of said chapter 175, as so appearing, is hereby amended by striking out paragraphs (4) and (5) and inserting in place thereof the following 5 paragraphs:-
(4) the books, accounts and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties;
(5) the insurer’s surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs;
(6) if an insurer subject to this section is deemed by the commissioner to be in a hazardous financial condition as described in section 3 of chapter 175J or a condition that would be grounds for supervision, conservation or a delinquency proceeding, the commissioner may require the insurer to secure and maintain either a deposit held by the commissioner or a bond, as determined by the insurer at the insurer’s discretion, for the protection of the insurer for the duration of the contract or agreement, or the existence of the condition for which the commissioner required the deposit or the bond; provided, however, that in determining whether a deposit or a bond is required, the commissioner shall consider whether concerns exist with respect to the affiliated person’s ability to fulfill the contract or agreement if the insurer were to be put into liquidation; and provided further, that once the insurer is deemed to be in a hazardous financial condition or a condition that would be grounds for supervision, conservation or a delinquency proceeding and a deposit or bond is deemed necessary by the commissioner, the commissioner may determine the amount of the deposit or bond, not to exceed the value of the contract or agreement in any 1 year, and whether such deposit or bond should be required for a single contract, multiple contracts or a contract only with a specific person;
(7) all records and data of the insurer held by an affiliate are and remain the property of the insurer, are subject to control of the insurer, are identifiable and are segregated or readily capable of segregation, at no additional cost to the insurer, from all other persons’ records and data. This shall include all records and data that are otherwise the property of the insurer, in whatever form maintained, including, but not limited to, claims and claim files, policyholder lists, application files, litigation files, premium records, rate books, underwriting manuals, personnel records, financial records or similar records within the possession, custody or control of the affiliate; provided, however, that at the request of the insurer, the affiliate shall provide that the receiver can obtain a complete set of all records of any type that pertain to the insurer’s business; obtain access to the operating systems on which the data is maintained; obtain the software that runs those systems either through assumption of licensing agreements or otherwise; and restrict the use of the data by the affiliate if it is not operating the insurer’s business; and provided further that the affiliate shall provide a waiver of any landlord lien or other encumbrance to give the insurer access to all records and data in the event of the affiliate’s default under a lease or other agreement; and
(8) premiums or other funds belonging to the insurer that are collected by or held by an affiliate are the exclusive property of the insurer and are subject to the control of the insurer; provided, however, that any right of offset in the event an insurer is placed into receivership shall be subject to sections 180A to 180L1/2, inclusive.
SECTION 137. Said section 206C of said chapter 175, as so appearing, is hereby further amended by inserting after subsection (q) the following subsection:-
(q½)(1) Any affiliate that is party to an agreement or contract with a domestic insurer that is subject to paragraph (4) of subsection (n) shall be subject to the jurisdiction of any supervision, seizure, conservatorship or receivership proceedings against the insurer and to the authority of any supervisor, conservator, rehabilitator or liquidator for the insurer appointed pursuant to sections 180A to 180L1/2, inclusive, for the purpose of interpreting, enforcing and overseeing the affiliate’s obligations under the agreement or contract to perform services for the insurer that:
(i) are an integral part of the insurer’s operations, including, but not limited to management, administrative, accounting, data processing, marketing, underwriting, claims handling, investment or any other similar functions; or
(ii) are essential to the insurer’s ability to fulfill its obligations under insurance policies.
(2) The commissioner may require that an agreement or contract that is subject to paragraph (4) of subsection (n) for the provision of services described in clauses (i) and (ii) of paragraph (1) specify that the affiliate consents to the jurisdiction as set forth in this subsection.
SECTION 138. Subsection (v) of said section 206C of said chapter 175, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) Documents, materials or other information in the possession or control of the division that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to subsection (u) and all information reported or provided to the division pursuant to this section shall be recognized as being proprietary and containing trade secrets, shall be confidential by law and privileged, shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action; provided, however, that the commissioner may use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner’s official duties. The commissioner shall not otherwise make the documents, materials or other information public without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders or the public shall be served by the publication thereof, in which event the commissioner may publish all or any part in such manner as may be considered appropriate.
(i) For purposes of the information reported and provided to the division pursuant to paragraph (2) of subsection (z), the commissioner shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the Federal Reserve Board or any U.S. group-wide supervisor.
(ii) For purposes of the information reported and provided to the division pursuant to paragraph (3) of subsection (z), the commissioner shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the Federal Reserve Board and non-U.S. group-wide supervisors.
SECTION 139. Said subsection (v) of said section 206C of said chapter 175, as so appearing, is hereby further amended by striking out paragraph (3) and inserting in place thereof the following paragraph:-
(3) In order to assist in the performance of the commissioner’s duties, the commissioner:
(i) may share documents, materials or other information, including the confidential and privileged documents, materials or information subject to paragraph (1), including proprietary and trade secret documents with other state, federal and international regulatory agencies, the National Association of Insurance Commissioners and its affiliates and subsidiaries, the International Association of Insurance Supervisors, the Bank for International Settlements, the Federal Insurance Office and state, federal and international law enforcement authorities, including members of any supervisory college described in subsection (x); provided, however, that the recipient shall agree in writing to maintain the confidentiality and privileged status of the document, material or other information and has verified in writing the legal authority to maintain confidentiality;
(ii) may receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, including proprietary and trade-secret information from the National Association of Insurance Commissioners and its affiliates and subsidiaries, the International Association of Insurance Supervisors, the Bank for International Settlements, the Federal Insurance Office and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential and privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and
(iii) shall enter into written agreements with the National Association of Insurance Commissioners and any third-party consultant designated by the commissioner governing sharing and the use of information provided pursuant to this subsection that shall:
(A) specify procedures and protocols regarding the confidentiality and security of information shared with the National Association of Insurance Commissioners and any third-party consultant designated by the commissioner pursuant to this section, including procedures and protocols for sharing by the National Association of Insurance Commissioners with other state, federal or international regulators;
(B) provide within the agreement that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials or other information and has verified in writing the legal authority to maintain such confidentiality;
(C) specify that ownership of information shared with the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section remains with the commissioner and the National Association of Insurance Commissioners or the third-party consultant, and that use of the information is subject to the direction of the commissioner;
(D) excluding documents, materials or information reported pursuant to paragraph (3) of subsection (z), prohibit the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section from storing the information shared pursuant to this section in a permanent database after the underlying analysis is completed;
(E) require prompt notice to be given to an insurer whose confidential information is in the possession of the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section and is subject to a request or subpoena to the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner for disclosure or production;
(F) require the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section to consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners or the third-party consultant may be required to disclose confidential information about the insurer shared with the National Association of Insurance Commissioners or the third-party consultant; and
(G) for documents, material or information reporting pursuant to paragraph (3) of subsection (z), in the case of an agreement involving a third-party consultant designated by the commissioner pursuant to this section, provide for notification of the identity of the consultant to the applicable insurers.
SECTION 140. Said subsection (v) of said section 206C of said chapter 175, as so appearing, is hereby further amended by adding the following paragraph:- (7) The group capital calculation and resulting group capital ratio required pursuant to paragraph (2) of subsection (z) and the liquidity stress test along with its results and supporting disclosures required pursuant to paragraph (3) of said subsection (z) shall be regulatory tools for assessing group risks and capital adequacy and group liquidity risks, respectively, and are not intended as a means to rank insurers or insurance holding company systems generally. Except as otherwise may be required pursuant to this section, the making, publishing, disseminating, circulating or placing before the public in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station or any electronic means of communication available to the public, or in any other way as an advertisement, announcement or statement containing a representation or statement with regard to the group capital calculation, group capital ratio, the liquidity stress test results or supporting disclosures for the liquidity stress test of any insurer or any insurer group, or of any component derived in the calculation by any insurer, broker, or other person engaged in any manner in the insurance business shall be deemed misleading and shall be prohibited; provided, however, that if any materially false statement with respect to the group capital calculation, resulting group capital ratio, an inappropriate comparison of any amount to an insurer’s or insurance group’s capital calculation or resulting group capital ratio, liquidity stress test result, supporting disclosures for the liquidity stress test or an inappropriate comparison of any amount to an insurer’s or insurance group’s liquidity stress test result or supporting disclosures is published in any written publication and the insurer is able to demonstrate to the commissioner with substantial proof the falsity of such statement or the inappropriateness, the insurer may publish announcements in a written publication if the sole purpose of the announcement is to rebut the materially false statement.
SECTION 141. Said section 206C of said chapter 175, as so appearing, is hereby further amended by adding the following subsection:-
(z)(1) The ultimate controlling person of every insurer subject to registration shall also file an annual enterprise risk report. The report shall, to the best of the ultimate controlling person’s knowledge and belief, identify the material risks within the insurance holding company system that could pose enterprise risk to the insurer. The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the procedures within the financial analysis handbook adopted by the National Association of Insurance Commissioners.
(2) Except as otherwise provided in this paragraph, the ultimate controlling person of every insurer subject to registration pursuant to this section shall concurrently file with the registration statement an annual group capital calculation as directed by the lead state commissioner. The report shall be completed in accordance with the National Association of Insurance Commissioner’s group capital calculation instructions, which may permit the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation. The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the commissioner in accordance with the procedures within the financial analysis handbook adopted by the National Association of Insurance Commissioners. Insurance holding company systems described below shall be exempt from filing the group capital calculation:
(i) An insurance holding company system that has only 1 insurer within its holding company structure, that only writes business and is only licensed in its domestic state and assumes no business from any other insurer;
(ii) An insurance holding company system that is required to perform a group capital calculation specified by the United States Federal Reserve Board; provided, however, that the lead state commissioner shall request the calculation from the Federal Reserve Board under the terms of information sharing agreements in effect; and provided further, that if the Federal Reserve Board cannot share the calculation with the lead state commissioner, the insurance holding company system shall not be exempt from the group capital calculation filing;
(iii) An insurance holding company system whose non-United States group-wide supervisor is located within a reciprocal jurisdiction as described in section 20A that recognizes the United States regulatory approach to group supervision and group capital; and
(iv) An insurance holding company system:
(A) That provides information to the lead state that meets the requirements for accreditation under the National Association of Insurance Commissioners financial standards and accreditation program, either directly or indirectly through the group-wide supervisor, who has determined such information is satisfactory to allow the lead state to comply with the National Association of Insurance Commissioners group supervision approach, as detailed in the National Association of Insurance Commissioners financial analysis handbook; and
(B) Whose non-United States group-wide supervisor that is not in a reciprocal jurisdiction recognizes and accepts, as specified by the commissioner in regulation, the group capital calculation as the world-wide group capital assessment for United States insurance groups who operate in that jurisdiction.
(3)(i) Notwithstanding clauses (iii) and (iv) of paragraph (2), a lead state commissioner shall require the group capital calculation for United States operations of any non-United States based insurance holding company system where, after any necessary consultation with other supervisors or officials, it is deemed appropriate by the lead state commissioner for prudential oversight and solvency monitoring purposes or for ensuring the competitiveness of the insurance marketplace.
(ii) Notwithstanding the exemptions from filing the group capital calculation stated in clauses (i) to (iv), inclusive, of paragraph (2), the lead state commissioner shall have the discretion to exempt the ultimate controlling person from filing the annual group capital calculation or to accept a limited group capital filing or report in accordance with criteria as specified by the commissioner in regulation.
(iii) If the lead state commissioner determines that an insurance holding company system no longer meets at least 1 of the requirements for an exemption from filing the group capital calculation under this subsection, the insurance holding company system shall file the group capital calculation at the next annual filing date unless given an extension by the lead state commissioner based on reasonable grounds shown.
(4) The ultimate controlling person of every insurer subject to registration pursuant to this section and scoped into the National Association of Insurance Commissioners liquidity stress test Framework shall file the results of a specific year’s liquidity stress test. The filing shall be made to the lead state insurance commissioner of the insurance holding company system as determined by the procedures within the financial analysis handbook adopted by the National Association of Insurance Commissioners.
(i) The National Association of Insurance Commissioners liquidity stress test Framework includes scope criteria applicable to a specific data year. The scope criteria are reviewed at least annually by the financial stability task force or its successor. Any change to the National Association of Insurance Commissioners liquidity stress test framework or to the data year for which the scope criteria are to be measured shall be effective on January 1 of the year following the calendar year when such changes are adopted. Insurers meeting at least 1 threshold of the scope criteria shall be considered scoped into the National Association of Insurance Commissioners liquidity stress test framework for the specified data year unless the lead state insurance commissioner, in consultation with the National Association of Insurance Commissioners financial stability task force or its successor, determines the insurer should not be scoped into the framework for that data year. Similarly, insurers that do not trigger at least 1 threshold of the scope criteria shall be considered scoped out of the National Association of Insurance Commissioners liquidity stress test framework for the specified data year, unless the lead state insurance commissioner, in consultation with the National Association of Insurance Commissioners financial stability task force or its successor, determines the insurer should be scoped into the framework for that data year.
(A) The lead state insurance commissioner, in consultation with the financial stability task force or its successor, shall take into consideration how best to avoid having insurers scoped in and out of the National Association of Insurance Commissioners liquidity stress test framework on a frequent basis as part of the determination for an insurer.
(ii) The performance of, and filing of the results from, a specific year’s liquidity stress test shall comply with the National Association of Insurance Commissioners liquidity stress test framework’s instructions and reporting templates for that year and any lead state insurance commissioner determinations, in consultation with the financial stability task force or its successor, provided within the framework.
SECTION 142. The ninth paragraph of section 10 of chapter 498 of the acts of 1993 is hereby amended by adding the following 2 sentences:- Notwithstanding any general or special law or provision of the Reuse Plan or the Bylaws to the contrary, the total commercial and industrial building space to be developed in the Devens Regional Enterprise Zone shall be not more than 12,000,000 net new square feet. The commission may issue regulations regarding the calculation of total commercial and industrial building space.
SECTION 143. Section 181 of chapter 25 of the acts of 2009, as amended by section 11 of chapter 42 of the acts of 2022, is hereby further amended by striking out the figure “6” and inserting in place thereof the following figure:- 3.
SECTION 144. Subsection (b) of section 129 of chapter 131 of the acts of 2010 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 145. Subsection (c) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 146. Subsection (d) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 147. Subsection (e) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 148. Subsection (f) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 149. Subsection (g) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 150. Subsection (h) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 151. Subsection (i) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 152. Subsection (j) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 153. Subsection (k) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 154. Subsection (l) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 155. Subsection (m) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 156. Subsection (n) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 157. Subsection (o) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 158. Subsection (p) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 159. Subsection (q) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 160. Subsection (r) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 161. Subsection (s) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 162. Subsection (t) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 163. Subsection (u) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 164. Subsection (v) of said section 129 of said chapter 131 is hereby amended by striking out the word “out-of-state”, the first time it appears.
SECTION 165. Subsection (a) of section 60 of chapter 46 of the acts of 2013 is hereby amended by inserting after the words “in fiscal year 2018” the following words:- and each fiscal year thereafter.
SECTION 166. Item 2800-0100 of section 2 of chapter 227 of the acts of 2020 is hereby amended by inserting after the words “Blue Hills Reservation” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 167. Subsection (d) of section 117 of chapter 253 of the acts of 2020 is hereby amended by striking out the words “July 1, 2022” and inserting in place thereof the following words:- July 1, 2023.
SECTION 168. Item 1000-0008 of section 2 of chapter 24 of the acts of 2021 is hereby amended by striking out the words “5 per cent” and inserting in place thereof the following words:- 19.4 per cent.
SECTION 169. Item 1410-0012 of said section 2 of said chapter 24 is hereby amended by striking out the words “provided further, that not less than $30,000 shall be expended for building renovations to convert the former senior center into a veterans outreach and wellness service center in the town of Falmouth” and inserting in place thereof the following words:- provided further, that not less than $30,000 shall be expended to Joe Q Veteran Coffee Break, Inc. for building renovations to convert the former senior center into a veterans outreach and wellness service center in the town of Falmouth and such funds shall be made available until June 30, 2023.
SECTION 170. Item 1410-1616 of said section 2 of said chapter 24 is hereby amended by inserting after the word “project” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 171. Item 1599-0026 of said section 2 of said chapter 24 is hereby amended by inserting after the word “Middleton”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 172. Said item 1599-0026 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Nahant” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 173. Item 2200-0100 of said section 2 of said chapter 24 is hereby amended by inserting after the word “Sound” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 174. Item 2210-0106 of said section 2 of said chapter 24 is hereby amended by inserting after the word “Lowell” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 175. Item 2810-0122 of said section 2 of said chapter 24, as amended by section 14A of chapter 76 of the acts of 2021, is hereby amended by inserting after the words “town of Sunderland” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 176. Said item 2810-0122 of said section 2 of said chapter 24, as amended by section 14A of chapter 76 of the acts of 2021, is hereby further amended by inserting after the word “Acton” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 177. Item 4000-0300 of said section 2 of said chapter 24, as amended by section 64 of chapter 102 of the acts of 2021, is hereby amended by inserting after the word “enforcement”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 178. Said item 4000-0300 of said section 2 of said chapter 24, as amended by section 64 of chapter 102 of the acts of 2021, is hereby further amended by striking out the words “December 31, 2022” and inserting in place thereof the following words:- July 1, 2023.
SECTION 179. Item 4510-0100 of said section 2 of said chapter 24 is hereby amended by inserting after the word “accreditation” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 180. Item 4513-1111 of said section 2 of said chapter 24 is hereby amended by inserting after the word “marketing” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 181. Item 7002-0010 of said section 2 of said chapter 24 is hereby amended by inserting after the word “Kingston”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 182. Said item 7002-0010 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Chelsea” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 183. Item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the words “city of Peabody” the following words:- and such funds shall be made available until June, 30, 2023.
SECTION 184. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the words “commercial use” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 185. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the words “Fresh Start Furniture Bank, Inc. in the town of Hudson” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 186. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the words “Marvin Hagler in the city of Brockton” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 187. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the words “town of Brimfield” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 188. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Foxborough”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 189. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Memorial”, the third time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 190. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Salem”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 191. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Building”, the fourth time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 192. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Wellesley”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 193. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Sturbridge” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 194. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “Rutland” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 195. Said item 7008-1116 of said section 2 of said chapter 24, as amended by section 128 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the word “ladies” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 196. Item 7010-1192 of said section 2 of said chapter 24 is hereby amended by inserting after the word “college”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 197. Said item 7010-1192 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Boston”, the tenth time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 198. Said item 7010-1192 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “programs”, the seventh time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 199. Said item 7010-1192 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Needham” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 200. Said item 7010-1192 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “center”, the eleventh time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 201. Item 7100-0701 of said section 2 of said chapter 24 is hereby amended by inserting the following words:- and provided further, that funds in this item shall be made available until June 30, 2023.
SECTION 202. Item 8000-0313 of said section 2 of said chapter 24 is hereby amended by inserting after the word “efforts”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 203. Said item 8000-0313 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “programs”, the sixth time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 204. Said item 8000-0313 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Boston”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 205. Said item 8000-0313 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Boston”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 206. Said item 8000-0313 of said section 2 of said chapter 24 is hereby further amended by inserting after the figure “2020”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 207. Said item 8000-0313 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “Wellesley” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 208. Said item 8000-0313 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “equipment”, the fifth time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 209. Item 8200-0200 of said section 2 of said chapter 24, as amended by section 67 of chapter 102 of the acts of 2021, is hereby amended by inserting after the figure “2020” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 210. Item 8324-0000 of said section 2 of said chapter 24 is hereby amended by inserting after the word “Cod” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 211. Item 8324-0050 of said section 2 of said chapter 24 is hereby amended by inserting after the words “Duxbury for fire safety improvements” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 212. Item 9110-9002 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “improvements”, the third time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 213. Said item 9110-9002 of said section 2 of said chapter 24 is hereby further amended by inserting after the word “heights” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 214. Item 1595-6368 of section 2E of said chapter 24 is hereby amended by inserting after the word “Beverly” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 215. Said item 1595-6368 of said section 2E of said chapter 24 is hereby further amended by inserting after the word “Somerville”, the third time it appears, the following words:- and such funds shall be made available until June 30, 2023.
SECTION 216. Said item 1595-6368 of said section 2E of said chapter 24 is hereby amended by inserting after the words “maintenance facility in the city of Somerville” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 217. Item 1595-6369 of said section 2E of said chapter 24 is hereby amended by inserting after the word “line” the following words:- and such funds shall be made available until June 30, 2023.
SECTION 218. Said item 1595-6369 of said section 2E of said chapter 24 is hereby further amended by adding the following words:- provided further, that $111,957,684 shall be expended to address ongoing safety concerns at the Massachusetts Bay Transportation Authority related to the interim and final findings uncovered during the Federal Transit Administration’s Safety Management Inspection initiated in April 2022; provided further, that the Massachusetts Department of Transportation shall issue monthly reports to the joint committee on transportation and the house and senate committees on ways and means detailing the status of the department's progress toward responding to each finding and required action as issued by the Federal Transit Administration; and provided further, that these reports shall be delineated by special directive and include, but not be limited to: (i) the funds expended from this item and the related purpose for said spending; (ii) the completion date of each executed required action; and (iii) the estimated completion date of each pending required action.
SECTION 219. Section 36 of chapter 29 of the acts of 2021 is hereby amended by striking out the figure “2022”and inserting in place thereof the following figure:- 2023.
SECTION 220. Item 1599-2023 of section 2A of chapter 102 of the acts of 2021 is hereby amended by adding the following words:- ; and provided further, that not less than $1,500,000 shall be expended to the city of Boston for the coordination teams for triage treatment and service supports; and provided further, that not less than $5,000,000 shall be expended to the city of Boston for post-treatment supportive housing.
SECTION 221. Item 1599-2026 of said section 2A of said chapter 102, as most recently amended by section 47 of chapter 42 of the acts of 2022, is hereby amended by striking out the figure “198,650,000” and inserting in place thereof the following figure:- 192,650,000.
SECTION 222. Said item 1599-2026 of said section 2A of said chapter 102, as most recently amended by section 47 of chapter 42 of the acts of 2022, is hereby further amended by adding the following words:- ; provided further, that not less than $6,000,000 shall be expended for MelroseWakefield Healthcare, Inc., for the redevelopment and construction of a behavioral health facility on the former Malden hospital site.
SECTION 223. Item 1599-2037 of said section 2A of said chapter 102 is hereby amended by striking out the words “provided further, that not less than $5,000,000 per year for 2 years, totaling not less than $10,000,000 by 2024, shall be expended by Jewish Vocational Service, Inc. to provide a rapid reemployment grant” and inserting in place thereof the following words:- provided further, that not less than $10,000,000 shall be expended for Jewish Vocational Services, Inc., with no less than $5,000,000 distributed in year 1 and $5,000,000 distributed in year 2, for a rapid reemployment grant; provided further, that the Jewish Vocational Service, Inc. shall have until not later than December 31, 2025 to expend said funds.
SECTION 224. Item 7010-0015 of said section 2A of said chapter 102 is hereby amended by striking the words “provided further, that not less than $250,000 shall be expended for a modular classroom pod and installation at the Hancock elementary school in the city of Brockton; provided further, that not less than $250,000 shall be expended for a modular classroom pod and installation at the Kennedy elementary school in the city of Brockton” and inserting in place thereof the following words: - provided further, that not less than $250,000 shall be expended for the Hancock elementary school in the city of Brockton for expenses including but not limited those related to information technology improvements; provided further, that not less than $250,000 shall be expended for the Kennedy elementary school in the city of Brockton for expenses including but not limited those related to information technology improvements
SECTION 225. Section 67 of said chapter 102 is hereby amended by striking out the section in its entirety and inserting in place thereof the following section:-
SECTION 67. Item 8200-0200 of said section 2 of said chapter 24 is hereby amended by adding the following words:- ; provided further, that not less than $750,000 shall be expended for a need-based scholarship pilot program to provide financial assistance to student officers who actively enroll in a full-time police academy conducted by the municipal police training committee; provided further, that scholarships shall be used to: (i) promote diversity, equity and inclusion in the hiring of student officers; (ii) defray the upfront costs for qualified underrepresented and economically-disadvantaged individuals enrolled as student officers in a full-time police academy; and (iii) increase municipal police employment opportunities for underrepresented and economically-disadvantaged individuals; provided further, that the amount of any scholarship awarded under this item shall be $7,000 per eligible student officer; provided further, that funds in this item shall be used to directly fund or reimburse student officers enrolled in the full-time police academy and such funds shall be made available until June 30, 2023; provided further, that scholarships shall be disbursed to eligible student officers under this item in a regionally equitable manner; provided further, that not later than April 15, 2023, the executive office of public safety and security shall submit a report to the house and senate committees on ways and means and the joint committee on public safety and homeland security detailing the criteria established for creating the scholarships and providing financial assistance; and provided further, beginning on June 30, 2023, the executive office shall provide a report to the house and senate committees on ways and means and the joint committee on public safety and homeland security not later than June 30 of each fiscal year detailing expenditures from this item and the status of the scholarship program including, but not limited to: (i) the number of scholarship applications; (ii) the number of successful scholarship applicants; and (iii) the criteria used to determine successful applications.
SECTION 226. Section 81 of said chapter 102 is hereby amended by striking out the figure “2,550,000,000” and inserting in place thereof the following figure:- 2,563,676,478.
SECTION 227. Said section 81 of said chapter 102 is hereby further amended by striking out the figure “1,450,000,000” and inserting in place thereof the following figure:- 1,460,323,522.
SECTION 228. Section 2 of chapter 42 of the acts of 2022 is hereby amended by striking out item 4003-0100 and inserting in place thereof the following item:-
4003-0122 .....................................................................................$10,000,000
SECTION 229. Item 1599-0026 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the words “provided further, that not less than $50,000 shall be expended for the purchase of a pickup truck for the Royalston fire department” and inserting in place thereof the following words: - provided further, that not less than $50,000 shall be expended for the purchase of a vehicle for the Royalston fire department.
SECTION 230. Said section 2 of said chapter 126 is hereby further amended by inserting after item 1599-8909 the following item:-
SECTION 231. Item 2300-0100 of said section 2 of said chapter 126 is hereby amended by adding the following words:- ; and provided further, that not less than $100,000 shall be expended for New England Wildlife Center, Inc. in the city known as the town of Weymouth for the costs associated with the care, treatment and maintenance of wildlife.
SECTION 232. Said item 2300-0100 of said section 2 of said chapter 126 is hereby further amended by striking out the figure “$1,159,379” and inserting in place thereof the following figure:- $1,259,379.
SECTION 233. Item 2310-0200 of said section 2 of said chapter 126 is hereby amended by striking out the words “; provided further, that not less than $100,000 shall be expended for New England Wildlife Center, Inc. in the city known as the town of Weymouth for the costs associated with the care, treatment and maintenance of wildlife”.
SECTION 234. Said item 2310-0200 of said section 2 of said chapter 126 is hereby further amended by striking out the figure “$16,111,887” and inserting in place thereof the following figure:- $16,011,887.
SECTION 235. Said section 2 of said chapter 126 is hereby further amended by inserting after item 3000-1046 the following item:-
SECTION 236. Item 4513-1020 of said section 2 of said chapter 126 is hereby amended by inserting after the word “system” the following words:- ; provided further, that said funds for early intervention staffing recover payments shall be made available for expenditure by early intervention vendors until June 30, 2024.
SECTION 237. Item 7008-1116 of said section 2 of said chapter 126 is hereby amended by inserting after the words “Massachusetts, Inc.” the third time they appear, the following words:- ; provided further, that not less than $25,000 shall be expended for Westford Community Access Television, Incorporated for production and programming in the town of Westford; provided further, that not less than $25,000 shall be expended for Plymouth Area Community Access Television, Inc. for a production and mobile studio van to provide video and streaming support for newsworthy events, meetings, forums conducted by elected and appointed officials, tourism and emergency directives to the greater Plymouth area.
SECTION 238. Said item 7008-1116 of said section 2 of said chapter 126 is hereby amended by striking out the figure “$17,217,500” and inserting in place thereof the following figure:- $17,267,500.
SECTION 239. Said item 7008-1116 of said section 2 of said chapter 126 is hereby further amended by striking out the words “Society of St. Vincent de Paul in the city of Attleboro” and inserting in place thereof the following words:- Attleboro YMCA.
SECTION 240. Item 7010-0012 of said section 2 of said chapter 126 is hereby amended by striking out the word “expended” and inserting in place thereof the following words:- made available to the Metropolitan Council for Educational Opportunity (METCO), Inc.
SECTION 241. Item 7010-1192 of said section 2 of said chapter 126 is hereby amended by striking out the word “age”, the first time it appears, and inserting in place thereof the following word:- grade.
SECTION 242. Item 7100-0200 of said section 2 of said chapter 126 is hereby amended by striking out the words “December 31, 2022” and inserting in place thereof the following words:- June 30, 2023.
SECTION 243. Section 34 of said chapter 126 is hereby amended by striking out the word “Subsection” and inserting in place thereof the following words:- The ninth paragraph of subsection.
SECTION 244. Section 180 of said chapter 126 is hereby amended by striking out the figure “175,000000” and inserting in place thereof the following figure:- 490,000,000.
SECTION 245. Section 181 of said chapter 126 is hereby repealed.
SECTION 246. Subsection (c) of section 82 of chapter 144 of the acts of 2022 is hereby amended by striking out the words “executive office of technology services and security” and inserting in place thereof the following words:- transferor agency.
SECTION 247. Section 76 of chapter 179 of the acts of 2022 is hereby amended by striking out the figure “30” and inserting in place thereof the following figure:- 120.
SECTION 248. Said chapter 179 is hereby further amended by striking out sections 97 to 100, inclusive, and inserting in place thereof the following 2 sections:-
Section 97. Subsection (d) of section 8A of chapter 23J, as inserted by section 14 of this act, is hereby repealed.
Section 98. Sections 5, 15 and 97 shall take effect on January 1, 2033.
SECTION 249. Notwithstanding any general or special law to the contrary, the commissioner of conservation and recreation is authorized to amend and extend for a 30-year period the existing lease authorized under chapter 287 of the acts of 1977.
SECTION 250. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Net patient service revenue”, the sum of inpatient and outpatient net patient service revenue for fiscal year 2020 as published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles.
“Net patient service revenue adjustment”, an amount equal to a hospital’s net patient service revenue: (i) multiplied by 1, in the case of a tier 1 hospital; (ii) multiplied by 2 in the case of a tier 2 hospital; (iii) multiplied by 3 in the case of a tier 3 hospital; and (iv) multiplied by 4 in the case of a tier 4 hospital. “Public payer mix”, the public payer mix for fiscal year 2020 calculated using data published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles.
“Statewide median relative price”, the statewide median cross-payer relative price for calendar year 2019 as determined by the center for health information and analysis.
“Statewide relative price”, the statewide cross-payer relative price for calendar year 2019 as published in March 2022 by the center for health information and analysis in its databook titled Relative Price and Provider Price Variation in the Massachusetts Commercial Market.
“Tier 1 hospital”, an acute care hospital licensed under section 51 of chapter 111 of the General Laws that has: (i) a statewide relative price less than 145 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 50 per cent.
“Tier 2 hospital”, an acute care hospital licensed under said section 51 of said chapter 111 that has: (i) a statewide relative price less than 125 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 60 per cent.
“Tier 3 hospital”, an acute care hospital licensed under said section 51 of said chapter 111 that has: (i) a statewide relative price less than 110 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 65 per cent.
“Tier 4 hospital”, an acute care hospital licensed under said section 51 of said chapter 111 that has: (i) a statewide relative price less than 90 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 70 per cent.
“Total acute hospital distribution amount”, an amount equal to $300,000,000.
“Total adjustment amount”, an amount equal to the sum of all tier 1, tier 2, tier 3 and tier 4 hospitals’ net patient service revenue adjustments.
(b) The secretary of health and human services shall direct funds to acute care hospitals licensed under section 51 of chapter 111 of the General Laws according to the following formula:
(i) A tier 1 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount;
(ii) A tier 2 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount;
(iii) A tier 3 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount; and
(iv) A tier 4 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount.
(c) No hospital shall receive an award amount greater than $30,000,000. A hospital that has a relative price that is equal to or greater than 145 per cent of the statewide median relative price or that has a public payer mix that is equal to or less than 50 per cent shall not be eligible to receive funds under this section.
SECTION 251. (a) There shall be a special commission to examine the potential negative environmental and economic impacts caused by the discharge of spent fuel pool water, any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity, including, but not limited to, tritium or boron, associated with the decommissioning of any nuclear power plant, into the waters of the commonwealth. Waters of the commonwealth shall include all waters under the jurisdiction of the division of marine fisheries, including, but not limited to, bays, coastal waters, canals, rivers and streams.
(b) The commission shall consist of the following 13 members: the attorney general or a designee, who shall serve as co-chair; the governor or a designee; the secretary of the executive office of energy and environmental affairs or a designee, who shall serve as co-chair; the senate president or a designee; the speaker of the house of representatives or a designee; the senate minority leader or a designee; the house of representatives minority leader or a designee; the chairs of the joint committee on the environment, natural resources and agriculture or their designees; the commissioner of the department of environmental protection or a designee; the commissioner of the department of public health or a designee; the executive director of the office of travel and tourism or a designee; and the director of the division of marine fisheries or a designee.
(c) The commission shall: (i) examine and investigate the potential environmental and economic impacts, including impacts to consumer perception of the discharge spent fuel wastewater on the fishing, aquaculture, tourism, restaurant industries and other sectors deemed appropriate by the commission; and (ii) make recommendations on measures to mitigate or avoid potential negative impacts on such industries.
(d) The commission shall hold not less than 4 listening sessions, with not less than 1 listening session in the following counties: Dukes, Plymouth, Bristol and Barnstable; provided, however, that upon the completion of its report under this section, the commission shall provide a public presentation in said counties. Not later than November 1, 2024 the commission shall file a report on the results of its study with the clerks of the house of representatives and the senate, the joint committee on environment, natural resources and agriculture, the joint committee on public health, the joint committee on tourism, arts and cultural development, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means.
(e) There shall be no discharge of spent fuel pool water, any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity, including, but not limited to, tritium or boron into the waters of the commonwealth until 90 days after the issuance of the commission’s report.
SECTION 252. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver of 42 U.S.C. 1396b(w)(3)(B) and 42 U.S.C. 1396b(w)(3)(C) relative to the nursing home assessment established in section 63 of chapter 118E of the General Laws.
(b) The waiver application shall seek approval to amend the groups of nursing facilities subject to the assessment and the amount of assessment liability imposed on each group. Specifically, the waiver application shall specify the following: (1) a nursing facility shall be classified as 1 of the following 2 groups: (i) group I shall include nursing facilities that do not meet the criteria for group II; and (ii) group II shall include (A) non-profit continuing care retirement communities and non-profit residential care facilities, (B) non-profit facilities with total Medicaid days in excess of a threshold level of days established in regulations promulgated by the executive office of health and human services, and (C) nursing facilities that have a Medicaid utilization rate in excess of a threshold Medicaid utilization rate established in regulations promulgated by the executive office of health and human services; (2) all facilities in group I shall pay an assessment at the rate established in regulations promulgated by the secretary of health and human services in conformity with the total annual assessment revenue amount established by section 63 of chapter 118E of the General Laws; (3) all facilities in group II shall pay an assessment at a rate equal to 30 per cent of the assessment rate imposed on nursing facilities in group I. The waiver application shall be structured in a manner that shall qualify it for automatic approval by the federal Centers for Medicare and Medicaid Services pursuant to 42 C.F.R. 433.68. If the federal Centers for Medicare and Medicaid Services declines to approve such application, or otherwise indicates that such application must be modified to be approved, the executive office of health and human services shall update the application in such a way that results in approval by the federal Centers for Medicare and Medicaid Services.
Governor returned the following section with a recommendation of amendment, for message see H5389
SECTION 253. (a) Notwithstanding section 141 of chapter 47 of the acts of 2017, a member who made an election under section 90G¾ of chapter 32 of the General Laws prior to the enactment of section 28 of chapter 47 of the acts of 2017, may, within 60 days of the effective date of this act, repeal such election and be credited with any years of service subsequent to such election; provided, however, that such member: (i) has maintained continuous service since making such election; and (ii) is a member continuing in service as of the effective date of this act; provided, further, that such service shall not be credited until such member has paid into the annuity savings fund of such system, in 1 sum or in installments, upon such terms and conditions as the board may prescribe, makeup payments, for each year of creditable service sought, of an amount equal to the per cent of the regular annual compensation of the member when said member entered the retirement system.
(b) Not later than 90 days after the effective date of this section, the state retirement board shall: (i) assess whether Internal Revenue Service letters of determination or a ruling on whether subsection (a) may be implemented without impairing the compliance of either or both the optional retirement plan and the state employees’ retirement system with the Internal Revenue Code of 2022 is necessary; and (ii) request, if necessary, letters of determination or ruling from the Internal Revenue Service; provided, however, that if the state retirement board determination or ruling is necessary, subsection (a) shall not take effect unless and until the Internal Revenue Service issues a favorable ruling or determination that determines that the transfers described in this section will not result in non-compliance of either or both the optional retirement program and the state employees’ retirement system with the Internal Revenue Code.
SECTION 254. Notwithstanding any general or special law to the contrary, the secretary of health and human services shall, not later than November 30, 2022 provide to the comptroller information on the amount of the federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of chapter 29 of the General Laws for fiscal year 2022 that are attributable to the increase to the federal medical assistance percentage authorized by section 6008 of the federal Families First Coronavirus Response Act, Public Law 116-127. The comptroller shall credit said amount to the General Fund and not the MassHealth Delivery System Reform Trust Fund in fiscal year 2022.
SECTION 255. Notwithstanding any general or special law to the contrary, the secretary of health and human services may expend from the Health Information Technology Trust Fund, established pursuant to section 35RR of chapter 10 of the General Laws, any grants, premiums, gifts, reimbursements or other contributions received by the commonwealth for the purposes described in subsection (a) of the Portable Order for Life Sustaining Treatment Trust Fund, established under section 2AAAAAA of chapter 29 of the General Laws; provided, however, that any grants, premiums, gifts, reimbursements or other contributions received by the commonwealth for said purposes remaining in the Health Information Technology Trust Fund as of the effective date of this act shall be transferred to the Portable Order for Life Sustaining Treatment Trust Fund.
SECTION 256. (a) Notwithstanding section 2YYYY of chapter 29 of the General Laws, as most recently amended by section 17 of chapter 126 of the acts of 2022, in fiscal year 2022, the secretary may expend from the Substance Use Disorder Federal Reinvestment Trust Fund, without further appropriation: (i) not more than $100,000,000 to expand and support the residential treatment system to treat individuals with a substance use disorder or co-occurring mental health and substance use disorder; (ii) not more than $40,000,000 to expand and support access to medication assisted treatment; (iii) not more than $20,000,000 to expand and support access to recovery treatment support services; and (iv) not more than $50,000,000 to implement and support the American Society of Addiction Medicine assessment and care planning across substance use treatment providers. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of the fiscal year shall be available for expenditure in the subsequent fiscal year. No expenditure made from the fund shall cause the fund to be in deficit at any point.
(b) The secretary shall report quarterly to the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery on expenditures from the fund that support the components of the roadmap for behavioral health reform in fiscal year 2022; provided, however, that the report shall include: (i) information on which components of the roadmap such funds are allocated to support; and (ii) a breakdown of the progress and status of any such components of the roadmap.
SECTION 257. Notwithstanding any general or special law to the contrary, the unexpended balance of funds made available for Northstar Learning Centers, Inc. in item 7002-1120 of section 2A of chapter 228 of the acts of 2018 for the construction of an early childhood center in the city of New Bedford shall be made available until June 30, 2025.
SECTION 258. Notwithstanding any general or special law to the contrary, the comptroller shall transfer: (i) an amount not to exceed $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and (ii) an amount not to exceed $20,000,000 from the General Fund to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.
SECTION 259. Notwithstanding any general or special law to the contrary, the comptroller shall transfer to the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, an amount equal to the fiscal year 2022 consolidated net surplus. The transfer pursuant to this section shall be made from the positive undesignated fund balances in the budgetary funds. Before certifying the consolidated net surplus under this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.
SECTION 260. (a) On or before November 30, 2022, the secretary of administration and finance, in consultation with the Massachusetts emergency management agency, shall estimate the amount of federal reimbursements claimed or anticipated to be claimed but not yet received by August 31, 2022 in connection with costs incurred or balances designated in fiscal year 2022 associated with the response to the 2019 novel coronavirus.
(b) On or before November 30, 2022, the secretary of administration and finance, in consultation with the secretary of health and human services, shall estimate the amount of federal reimbursements claimed or anticipated to be claimed but not yet received by August 31, 2022 in connection with costs incurred or balances designated in fiscal year 2022 pursuant to section 9817 of the American Rescue Plan Act of 2021, Public Law 117-2 and any related guidance issued by the federal government.
(c) For the purposes of certifying the amount of the consolidated net surplus in the budgetary funds at the close of fiscal year 2022 pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall record the estimates for each budgetary fund made pursuant to subsections (a) and (b) as statutory receivables in fiscal year 2022.
SECTION 261. (a) Notwithstanding any general or special law to the contrary, on or before November 30, 2022 the secretary of administration and finance shall estimate the amount of revenue anticipated but not yet received by August 31, 2022 and any further necessary adjustments, including, but not limited to, expenditure refunds, corrections or other required changes, which will be credited to the Massachusetts Coronavirus Relief Fund established in section 98 of chapter 124 of the acts of 2020, provided that this estimate shall not exceed $65,000,000. (b) For the purposes of calculating the ending balance of the Massachusetts Coronavirus Relief Fund for fiscal year 2022, the comptroller shall record the estimates for the Massachusetts Coronavirus Relief Fund as calculated in subsection (a) as statutory receivables in fiscal year 2022. (c) Prior to the issuance of the fiscal year 2023 Statutory Basis Financial Report, the comptroller shall eliminate any negative balance in the Massachusetts Coronavirus Relief Fund with a transfer from the General Fund.
SECTION 262. Notwithstanding any other general or special law to the contrary, grants from the amounts collected pursuant to subsection (a) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2023 shall be distributed no later than November 30, 2022 pursuant to a transfer schedule determined by the executive office for administration and finance.
SECTION 263. Notwithstanding any other general or special law to the contrary, grants from the amounts collected pursuant to subsection (b) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2022 shall be distributed no later than November 30, 2022 pursuant to a transfer schedule determined by the executive office for administration and finance.
SECTION 264. Notwithstanding any general or special law to the contrary, items funded in this act, including appropriations in sections 2 and 2A and all other authorized uses, shall be supported through the following resources, unless specifically designated otherwise: (i) up to $510,000,000 from the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws; and (ii) money from the General Fund; provided, however, that the secretary of administration and finance shall ensure that the coronavirus state fiscal recovery fund monies received under the federal American Rescue Plan Act of 2021, 42 U.S.C. 802, comply with applicable federal law, including statutes, regulations and sub-regulatory guidance; provided further, that the appropriations in the items funded in said sections 2 and 2A shall not be used to supplant existing appropriations. The secretary shall continue quarterly reporting consistent with the quarterly reports required in section 81 of chapter 102 of the acts of 2021 that detail the source of revenue matched to each item in this act for all expenditures made during that quarter.
SECTION 265. Notwithstanding any general or special law to the contrary, not later than 14 days after the effective date of this act the comptroller shall transfer up to $100,000,000 of the undesignated fund balance in the General Fund to the Unemployment Compensation Fund established in section 48 of chapter 151A of the General Laws.
SECTION 266. To provide for the continued availability of a bond-funded spending authorization that otherwise would expire, the balance of item 7002-0016 of section 2 of chapter 112 of the acts of 2018, as amended by section 46 of chapter 102 of the acts of 2021, and any allocations thereof shall be extended to June 30, 2025 for the purposes of and subject to the conditions stated for the item in the original authorization, and any amendments to such authorization.
SECTION 267. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1) between the commonwealth of Massachusetts and the Coalition of Public Safety, Unit 5;
(2) between the University of Massachusetts and the Massachusetts Society of Professors, Amherst Campus, Unit A50;
(3) between the University of Massachusetts and the New England Police Benevolent Association (NEPBA) Local 190, Amherst Campus, Unit A07;
(4) between the University of Massachusetts and the MTA/NEA Classified, Boston Campus, Unit B31 & B32;
(5) between the University of Massachusetts and the New England Police Benevolent Association (NEPBA) Local 290, Boston Campus, Unit B33;
(6) between the commonwealth of Massachusetts, Essex North and South Registries of Deeds and AFSCME Local 653, Council 93, Administrative Unit;
(7) between the commonwealth of Massachusetts and the Coalition of Public Safety, Unit 5x, Alcoholic Beverage Control Commission Investigators Association; and
(8) between the commonwealth of Massachusetts and the State Police Association of Massachusetts, Unit 5A and C22.
SECTION 268. Sections 5, 114 and 116 shall take effect upon the execution of the transfer agreement between the department of public health and the division of occupational licensure required pursuant to chapter 39 of the acts of 2021 or January 1, 2023, whichever occurs first.
SECTION 269. The credits authorized in subsection (aa) of section 6 of chapter 62 of the General Laws, as inserted by section 7 of chapter 154 of the acts of 2022, and section 38KK of chapter 63 of the General Laws, as inserted by section 8 of said chapter 154, shall be available for qualified employees who are hired after July 1, 2022 and shall be available for the tax year beginning on January 1, 2023 and for subsequent tax years.
SECTION 270. Section 228 shall take effect as of April 1, 2022.
SECTION 271. Subsection (bb) and (cc) of section 6 of chapter 62 of the General Laws, as inserted by section 103, and sections 38LL and 38MM of chapter 63 of the General Laws, as inserted by section 106, shall apply for taxable years beginning on or after January 1, 2023.
SECTION 272. Said subsection (bb) and (cc) of said section 6 of said chapter 62, as inserted by section 103, and said sections 38LL and 38MM of said chapter 63, as inserted by section 106, are hereby repealed.
SECTION 273. Section 272 shall take effect on January 1, 2033.
Approved, (in part) November 10, 2022.