AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2014 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith supplemental appropriations for fiscal year 2014, and to make other changes in law, each of which is immediately needed for important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2014, 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, 2014. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2015.
SECTION 2.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Department of Revenue.
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Veterans Services
EXECUTIVE OFFICE OF EDUCATION
Department of Elementary and Secondary Education.
SECTION 2A. To provide for uncertain unanticipated obligations of the commonwealth, to provide for alterations of purpose for current appropriations and to meet certain requirements of law, the following sum is hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the 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, 2014. This sum shall be in addition to any amounts previously appropriated and made available for the purposes of this item. This sum shall be made available until June 30, 2015.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance.
To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2015 and to provide for certain unanticipated obligations of the commonwealth, the following sum is 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, 2015. This sum shall be in addition to any amounts previously appropriated and made available for the purposes of that item.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Massachusetts Life Sciences Investment Fund
SECTION 2C.I. For the purpose of making available in fiscal year 2015 balances of appropriations which otherwise would revert on June 30, 2014, the unexpended balances of the maintenance 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 38 of the acts of 2013. 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 in prior appropriation acts. The unexpended balances of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17 are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 38. The sums re-appropriated in this section shall be in addition to any amounts available for the purposes of those items.
TREASURER AND RECEIVER-GENERAL
OFFICE OF THE STATE COMPTROLLER
CENTER FOR HEALTH INFORMATION AND ANALYSIS
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance.
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Environmental Protection.
Department of Fish and Game.
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Office of the Secretary of Housing and Economic Development.
Massachusetts Marketing Partnership.
EXECUTIVE OFFICE OF EDUCATION
Office of the Secretary of Education.
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Chief Medical Examiner.
Department of Fire Services.
Military Division.
SECTION 2C.II. For the purpose of making available in fiscal year 2015 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2014, 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 the general appropriation act for fiscal year 2014. For items which do not appear in said section 2 or 2B of the general appropriation act, 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 in prior appropriation acts. Amounts in this section are re-authorized from the funds designated for the corresponding item in said section 2 or 2B of the general appropriation act; provided, however, that 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.
JUDICIARY
Committee for Public Counsel Services.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Human Resources Division.
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Chief Medical Examiner.
SECTION 3. Subsection (a) of section 216 of chapter 6 of the General Laws, as appearing in section 3 of chapter 48 of the acts of 2014, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 2 sentences:-
The task force shall also be co-chaired by up to 4 current or former elected officials to be appointed by the governor and shall include at least 1 member of the United States Congress from the commonwealth, who shall serve on the task force through at least the first full year of a new gubernatorial administration. The task force shall consist of the following members: the secretary of public safety and security or a designee; the adjutant general of the Massachusetts national guard or a designee; the commander of the Massachusetts army national guard or a designee; the commander of the Massachusetts air national guard or a designee; the secretary of housing and economic development or a designee; the secretary of labor and workforce development or a designee; the secretary of energy and environmental affairs or a designee; the secretary of education or a designee; the secretary of administration and finance or a designee; the secretary of the Massachusetts Department of Transportation or a designee; the chief executive officer of the Massachusetts Port Authority or a designee; the secretary of health and human services or a designee; the secretary of veterans services or a designee; the president and chief executive officer of the Massachusetts Development Finance Agency or a designee; 2 representatives from the defense sector appointed by the governor; 2 representatives from institutions of higher education appointed by the governor; 2 members of the senate, 1 of whom shall be the chair of the joint committee on veterans and federal affairs and 1 of whom shall be appointed by the minority leader; and 2 members of the house of representatives, 1 of whom shall be the chair of the joint committee on veterans and federal affairs and 1 of whom shall be appointed by the minority leader.
SECTION 4. Section 35T of chapter 10 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definitions of “Base revenue amount” and “Dedicated sales tax revenue amount” and inserting in place thereof the following 2 definitions:-
“Base revenue amount”, for fiscal year 2015, the amount of $970,637,174 and for each fiscal year thereafter, the base revenue amount for the prior fiscal year multiplied by the inflation index for the preceding 12 months, as certified by the comptroller on March 1 of each year, as set forth in subsection (b); provided, however, that in no year shall the base revenue amount exceed 103 per cent of the base revenue amount applicable for the prior fiscal year; provided further, that if in any year the inflation index is less than 3 per cent but greater than the per cent increase in gross sales tax revenues received pursuant to chapters 64H and 64I in the preceding 12 months, excluding any portion of such taxes imposed on meals as defined in paragraph (h) of section 6 of said chapter 64H, then the base revenue amount shall be adjusted by the same percentage increase in those gross sales tax revenues; and provided further, that if in any year the per cent increase in the gross sales tax revenues or the inflation index is 0 or less, then the base revenue amount shall not be adjusted for the subsequent fiscal year.
“Dedicated sales tax revenue amount”, all monies received by the commonwealth equal to 1 per cent of the gross receipts of a sale as defined in chapter 64H and 1 per cent of the sales price of a purchase as defined by chapter 64I from that portion of the taxes imposed under said chapters 64H and 64I as excises upon the sale and use at retail of tangible property or services, and upon the storage, use or other consumption of tangible property or services, including interest thereon and penalties plus commencing in fiscal year 2015, the amount of $160,000,000 in each fiscal year thereafter but not including any portion of the taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of said chapter 64H.
SECTION 5. The first sentence of subsection (c) of section 22 of chapter 13 of the General Laws, as appearing in section 2 of chapter 159 of the acts of 2014, is hereby amended by striking out the words “at least”.
SECTION 6. The first sentence of subsection (d) of said section 22 of said chapter 13, as so appearing, is hereby amended by striking out the words “at least”.
SECTION 7. Subsection (e) of said section 22 of said chapter 13, as so appearing, is hereby amended by striking out the words “at least” the first time they appear.
SECTION 8. Subsection (f) of said section 22 of said chapter 13, as so appearing, is hereby amended by striking out the words “at least” the first time they appear.
SECTION 9. Subsection (g) of said section 22 of said chapter 13, as so appearing, is hereby amended by striking out the words “at least” the first time they appear.
SECTION 10. Subsection (h) of said section 22 of said chapter 13, as so appearing, is hereby amended by striking out the words “at least”.
SECTION 11. Subsection (i) of said section 22 of said chapter 13, as so appearing, is hereby amended by adding the following sentence:- For the purposes of this subsection, the registered pharmacist under subsection (g) shall not constitute an appointment of an independent pharmacist, chain pharmacist, hospital pharmacist, long-term care pharmacist or academic pharmacist under subsections (c), (d), (e), (f) and (h).
SECTION 12. Chapter 21A of the General Laws is hereby amended by striking out section 24, added by section 42 of chapter 165 of the acts of 2014, and inserting in place thereof the following section:-
Section 24. There shall be within the executive office of energy and environmental affairs an office of the state climatologist, which shall be under the supervision and control of a state climatologist to be appointed by the secretary of energy and environmental affairs and the chancellor of the University of Massachusetts at Amherst. The office of the state climatologist shall be housed at the University of Massachusetts at Amherst and shall: (i) gather and archive data on climate conditions in the commonwealth; (ii) conduct and foster research concerning the climate in the commonwealth and look for opportunities for sponsored research concerning climate issues in the commonwealth; (iii) coordinate with the Northeast Regional Climate Science Center housed at the University of Massachusetts at Amherst by the United States Department of the Interior; and (iv) educate and inform citizens on matters related to the climate. The office of the state climatologist shall advise all other branches of state and local government concerning the climate in the commonwealth and its implications for both economic and scientific needs in conjunction with existing and future environmental factors relating to the climate in the commonwealth. The office of the state climatologist shall maintain a liaison with federal and other state and academic institutions and join federal and international climate interest groups. The state climatologist shall serve for a term of 5 years but may be reappointed. The office of the state climatologist shall be funded by the executive office.
SECTION 12A. Chapter 21A of the General Laws is hereby amended by striking out section 24, added by section 14 of chapter 259 of the acts of 2014, and inserting in place thereof the following section:-
Section 25. (a) There shall be a water infrastructure advisory committee to monitor the progress of closing the gap in funding for water, wastewater and storm water infrastructure.
(b) The advisory committee shall consist of: the secretary of energy and environmental affairs or a designee; the state treasurer or a designee; 2 people to be appointed by the president of the senate, 1 of whom shall be a member of the senate and 1 of whom shall be a representative of a planning organization, an environmental consumer organization or other public interest organization; 2 people to be appointed by the speaker of the house of representatives, 1 of whom shall be a member of the house of representatives and 1 of whom shall be a representative of a planning organization, an environmental consumer organization or other public interest organization; 1 person to be appointed by the minority leader of the senate and 1 person to be appointed by the minority leader of the house of representatives, each of whom shall be from different geographic regions of the commonwealth and who shall be representatives of the business community; and 13 persons to be appointed by the secretary of energy and environmental affairs who shall not be employees of the executive branch and who shall reside in different geographic regions of the commonwealth, 1 of whom shall be a representative of the Massachusetts Water Resources Authority advisory board, 1 of whom shall be a representative of the American Council of Engineering Companies of Massachusetts, 1 of whom shall be a representative of the Utility Contractors' Association of New England, Inc., 1 of whom shall be a representative of the Massachusetts Waterworks Association, Inc., 1 of whom shall be a representative of the Massachusetts Municipal Association, Inc., 1 of whom shall be a representative of Clean Water Action, 1 of whom shall be a representative of Associated Industries of Massachusetts, Inc., 1 of whom shall be a representative of the Environmental League of Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Rivers Alliance, Inc., 1 of whom shall be a representative of the Massachusetts Water Pollution Control Association, Inc., 1 of whom shall be a representative of the Massachusetts Coalition for Water Resources Stewardship, Inc., 1 of whom shall be a representative of the Boston Society of Civil Engineers Section and 1 of whom shall be a representative of the Massachusetts AFL-CIO.
(c) The advisory committee may file a report on the activities of the committee as deemed necessary with the clerks of the house and the senate who shall forward the same to the chairs of the joint committee on environment, natural resources and agriculture.
SECTION 12B. Said chapter 21A is hereby further amended by striking out section 24, added by section 8 of chapter 287 of the acts of 2014, and inserting in place thereof the following section:-
Section 26. (a) There shall be within the division of marine fisheries a coordinated program to market seafood landed in the commonwealth and to take other actions to increase consumer demand and preference for local seafood products, to support the commonwealth’s fishing and seafood industry and the residents and communities that benefit from these activities. The objectives of the program may include, but shall not be limited to:
(i) increasing the public’s knowledge about the health benefits of consuming seafood and the economic importance of the commonwealth’s fishing industry to the local economy and communities;
(ii) educating the public on fisheries’ resources, fisheries’ management and commercial fishing to build consumer confidence in the sustainable basis for commercial fishing in the commonwealth;
(iii) creating name recognition and increasing consumer demand and preference for the commonwealth’s seafood products, including through the use of brand name, logo or other actions to differentiate them from other seafood products;
(iv) stabilizing market prices through the promotion of the commonwealth’s seafood products in low consumer demand or when the supply of those products is high;
(v) developing a variety of promotional and educational tools and strategies to achieve the program’s purpose and objectives, including employing market research and social media; and
(vi) identifying a range of sources and mechanisms to fund program activities and to increase the scope of program outreach to the public and other stakeholders.
(b) The director of marine fisheries shall appoint a permanent steering committee to assist the division in the administration of its seafood marketing program, including in the areas of strategic planning, financial management, prioritization of programmatic initiatives and in pursuing funding for program activities from outside sources such governments, nongovernmental organizations, industry stakeholders and other private parties. The steering committee shall consist of the director of marine fisheries or a designee who shall serve as chair, the commissioner of fish and game or a designee, the commissioner of agricultural resources or a designee, 2 members of the senate, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be appointed by the minority leader, 2 members from the house of representatives, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be appointed by the minority leader, and 12 persons to be appointed by the governor, 1 of whom shall be a representative of wholesale seafood dealers, 1 of whom shall be a representative of the seafood retail business, 1 of whom shall be a representative of the seafood restaurant business, 2 of whom shall be representatives of fishing industry advocacy organizations, 4 of whom shall be representatives from the commercial fishing and harvesting industry, 1 of whom shall be a representative of the lobster industry, 1 of whom shall be a representative of the scallop industry and 1 of whom shall be a representative of the wild caught shellfish industry.
SECTION 13. Section 1 of chapter 23 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Each department shall be headed by a director and each department may, with the approval of the secretary of labor and workforce development, adopt regulations under chapter 30A.
SECTION 14. Chapter 29 of the General Laws is hereby amended by adding the following section:-
Section 2QQQQ. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Logan Airport Health Study Trust Fund to be expended, without prior appropriation, by the department of public health. The fund shall consist of monies allocated by the Massachusetts Port Authority or any other public or private entity to the department of public health to conduct public health activities associated with the Logan Airport Health Study, conducted pursuant to item 4510-0600 of chapter 159 of the acts of 2000. The commissioner of public health shall make necessary expenditures from the fund for administration and project management activities and for direct support to community health centers within the study area. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that would cause the fund to be in deficit at the close of a fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund.
SECTION 15. Section 4 of chapter 30B of the General Laws, as amended by section 61 of chapter 165 of the acts of 2014, is hereby further amended by striking out, in line 9, the figure “$25,000” and inserting in place thereof the following figure:- $35,000.
SECTION 16. Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 169, as appearing in the 2012 Official Edition, the figure “$25,000,000” and inserting in place thereof the following figure:- $30,000,000.
SECTION 17. Said section 6 of said chapter 62 is hereby further amended by striking out the figure “$30,000,000”, inserted by section 16, and inserting in place thereof the following figure:- $25,000,000.
SECTION 18. Paragraph (4) of subsection (r) of said section 6 of said chapter 62 is hereby amended by striking out the figure “$30,000,000”, inserted by section 49 of chapter 287 of the acts of 2014, and inserting in place thereof the following figure:- $25,000,000.
SECTION 19. Section 71 of chapter 62C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “commissioner”, in lines 4 and 5, the following words:- or may be given as the parties otherwise agree, such as by sending electronic notification as provided in chapter 110G.
SECTION 20. Subsection (b) of section 38M of chapter 63 of the General Laws, as appearing in section 54 of chapter 287 of the acts of 2014, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following 2 sentences:- At the election of the taxpayer for calendar years 2018, 2019 and 2020, the amount of the taxpayer's credit shall be equal to 7.5 per cent of the taxpayer's qualified research expenses for the taxable year that exceeds 50 per cent of the taxpayer's average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. Beginning in calendar year 2021, at the election of the taxpayer, the amount of the taxpayer's credit shall be equal to 10 per cent of the taxpayer's qualified research expenses for the taxable year that exceeds 50 per cent of the taxpayer's average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined.
SECTION 21. Clause (2) of the second paragraph of subsection (d ½) of section 18 of chapter 94C of the General Laws, as appearing in section 86 of chapter 38 of the acts of 2013, is hereby amended by inserting after the word “prescriptions” the following words:- or shall be written by a nurse practitioner or physician assistant who is authorized by the state of the prescription’s origin to write the prescription and is licensed and registered in the same state or a contiguous state to where the prescription is to be delivered and is registered under federal law to write prescriptions.
SECTION 22. Subsection (c) of section 39F of chapter 112 of the General Laws, as appearing in section 18 of chapter 159 of the acts of 2014, is hereby amended by striking out the word “pharmacies”, the second time it appears, and inserting in place thereof the following word:- entities.
SECTION 23. Section 26A of chapter 119 of the General Laws, as appearing in section 152 of chapter 165 of the acts of 2014, is hereby amended by inserting after the words “42 U.S.C. § 16962”, in each instance, the following words:- and Public Law 92-544.
SECTION 24. Section 63 of chapter 152 of the General Laws is hereby amended by striking out the words “insured pays”, inserted by section 168 of chapter 165 of the acts of 2014, and inserting in place thereof the following words:- insurance agent, broker, producer or insurer receives.
SECTION 25. Section 18 of chapter 161A of the General Laws is hereby amended by striking out the third and fourth paragraphs, added by section 170 of chapter 165 of the acts of 2014.
SECTION 26. Section 21 of chapter 137 of the acts of 2003, as amended by section 131 of chapter 68 of the acts of 2011, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Section 1 shall expire on September 11, 2019.
SECTION 27. Section 190 of chapter 68 of the acts of 2011 is hereby amended by striking out, in line 35, the words “December 31, 2012” and inserting in place thereof the following words:- November 15, 2014.
SECTION 28. The fourth sentence of section 73 of chapter 36 of the acts of 2013 is hereby amended by striking out the words “June 16, 2014”, inserted by section 13 of chapter 52 of the acts of 2014, and inserting in place thereof the following words:- December 15, 2014.
SECTION 29. Item 0321-1518 of section 2 of chapter 38 of the acts of 2013 is hereby amended by adding the following words:- ; and provided further, that funds made available through June 30, 2015 in this item may be expended through items 0321-1500 and 0321-1504.
SECTION 30. Item 4800-0015 of said section 2 of said chapter 38 is hereby amended by striking out the words “among items 4800-0038, 4800-0040, 4800-0041, and 4800-0015; provided further, that the commissioner may transfer funds from items 4800-0038, 4800-0040, 4800-0041 and 4800-0015 to item 4800-1100”, inserted by section 7 of chapter 119 of the acts of 2014, and inserting in place thereof the following words:- among items 4800-0038, 4800-0040, 4800-0041, 4800-0015 and 4800-1100; provided further, that up to $2,000,000 in funds unexpended in fiscal year 2014 in items 4800-0038, 4800-0040, 4800-0041, 4800-0015 and 4800-1100 shall not revert and shall be made available for the purposes of these items until June 30, 2015.
SECTION 31. Subsection (c) of section 165 of said chapter 38 is hereby amended by striking out, in line 32, the words “June 30” and inserting in place thereof the following words:- November 15.
SECTION 32. Section 211 of said chapter 38, as most recently amended by section 44 of chapter 118 of the acts of 2013, is hereby further amended by inserting after the figure “2014”, in line 5, the following words:- or fiscal year 2015.
SECTION 33. Section 64 of chapter 46 of the acts of 2013 is hereby amended by striking out, in line 16, the figure “2014” and inserting in place thereof the following figure:- 2015.
SECTION 34. Item 1595-6368 of section 2E of chapter 52 of the acts of 2014 is hereby amended by striking out the figure “$30,115,915” and inserting in place thereof the following figure:- $62,115,915.
SECTION 35. Item 6121-1317 of section 2A of chapter 79 of the acts of 2014 is hereby amended by inserting after the words “town of Marion” the following words:- ; provided further, that not less than $500,000 shall be expended to study the replacement of the Main street bridge and the Lawrence street bridge in the town of Norfolk.
SECTION 36. Section 52 of chapter 144 of the acts of 2014 is hereby amended by striking out the table and inserting in place thereof the following table:-
SECTION 37. Said chapter 144 is hereby further amended by striking out sections 53 and 54.
SECTION 38. Section 77 of said chapter 144 is hereby amended by striking out the figures “53, 54,”.
SECTION 39. Item 0330-0300 of section 2 of chapter 165 of the acts of 2014 is hereby amended by striking out the words “provided further, that not less than $30,000 shall be expended for the Grandparents Raising Grandchildren Project to provide legal services to such grandparents in the areas of family law and public benefits, and further requiring the chief justice of administration and management to make a report to the general court on or before January 1, 2015, of all grandparents who requested legal services, their eligibility for such services and whether or not they were denied due to insufficient resources, including the legal problem for which they sought assistance; provided further, that not less than $50,000 shall be expended for the creation of a special commission on the Grandparents Raising Grandchildren Project;” and inserting in place thereof the following:- provided further, that not less than $80,000 shall be expended for the purpose of hiring staff and administering a program for the commission on the Status of Grandparents Raising Grandchildren.
SECTION 40. Item 1410-0010 of said section 2 of said chapter 165 is hereby amended by adding the following words:- ; and provided further, that not less than $500,000 shall be expended for the operation of peer support services in order to provide crisis intervention and homelessness prevention for veterans of the commonwealth.
SECTION 41. Item 1599-0026 of said section 2 of said chapter 165 is hereby amended by striking out the words “to mitigate student overcrowding in the city of Haverhill” and inserting in place thereof the following words:- for a technology grant to Haverhill public schools;.
SECTION 42. Said section 2 of said chapter 165 is hereby further amended by striking out item 1599-1978.
SECTION 43. Item 3000-1050 of said section 2 of said chapter 165 is hereby amended by adding the following words:- ; and provided further, that funds from this item shall be available for expenditure through June 30, 2016.
SECTION 44. Item 4110-3010 of said section 2 of said chapter 165 is hereby amended by striking out the words “; and provided further, that an additional $300,000 shall be made available to expand the contract for vocational rehabilitation services provided by The Carroll Center for the Blind, Inc”.
SECTION 45. Item 7002-0021 of said section 2 of said chapter 165 is hereby amended by inserting after the words “$3,000,000 shall be” the following words:- deposited in the Capital Needs Investment Fund to be.
SECTION 46. Said item 7002-0021 of said section 2 of said chapter 165 is hereby further amended by inserting after the words “$2,014,407 shall be” the following words:- deposited in the Capital Needs Investment Fund to be.
SECTION 47. Item 7004-9024 of said section 2 of said chapter 165 is hereby amended by striking out the words “prior appropriation continued” and inserting in place thereof the following words:- provided further, that any unexpended funds in fiscal year 2014 shall not revert to the General Fund but instead up to $6,000,000 shall be deposited in the Housing Preservation and Stabilization Trust Fund, established in section 60 of chapter 121B of the General Laws; and provided further, that any balance of unexpended funds in fiscal year 2014 not deposited in the Housing Preservation and Stabilization Trust Fund shall be made available for the purposes of this item until June 30, 2015.
SECTION 48. Item 7008-0900 of said section 2 of said chapter 165 is hereby amended by adding the following words:- ; and provided further, that not less than $20,000 shall be expended for the planning of the bicentennial celebration in the town of Southbridge.
SECTION 49. Item 7010-0005 of said section 2 of said chapter 165 is hereby amended by inserting after the words “Camp Pohelo” the following words:- ; provided further, that not less than $100,000 shall be expended to retain a consultant to assist with the work of the foundation budget review commission, established by section 4 of chapter 70 of the General Laws.
SECTION 50. Item 8324-0000 of said section 2 of said chapter 165 is hereby amended by inserting after the words “57 per cent” the following words:- ; provided further, that any unexpended funds for the Boston fire department’s hazardous materials response team shall not revert and shall be made available for expenditure until June 30, 2015; provided further, that not less than $35,000 shall be expended for the firefighting equipment grant program for the Hadley Fire Department.
SECTION 51. Item 1000-0005 of section 2B of said chapter 165 is hereby amended by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $1,200,000.
SECTION 52. Section 2D of said chapter 165 is hereby amended by striking out item 1100-1702 and inserting in place thereof the following 3 items:-
1100-1702.. For the purposes of a federally funded grant entitled Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for the grant, the account shall be exempt from the first $270,000 of fringe benefits and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws........... $1,400,096
1100-1703.. For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act............... $323,415
1100-1704.. For the purposes of a federally funded technical assistance grant entitled, Maintain and Further Development of Developmental Disabilities Suite; provided, that in order to qualify for the grant, the account shall be exempt from the first $40,000 of fringe benefits and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws......................................................... $231,706
SECTION 53. Item 1595-1067 of section 2E of said chapter 165 is hereby amended by striking out the figure “$22,426,667” and inserting in place thereof the following figure:- $22,423,677.
SECTION 54. Said item 1595-1067 of said section 2E of said chapter 165 is hereby further amended by striking out the figure “$11,213,334” and inserting in place thereof the following figure:- $11,211,839.
SECTION 55. Said item 1595-1067 of said section 2E of said chapter 165 is hereby further amended by striking out the figure “$210,261,307” and inserting in place thereof the following figure:- $232,979,059.
SECTION 56. Item 1595-1068 of said section 2E of said chapter 165 is hereby amended by adding the following words:- ; and provided further, that up to $243,000,000 in payments made for federal fiscal year 2014 shall be made from the Medical Assistance Trust Fund of which $31,000,000 shall be made to the Cambridge public health commission for dates of service in state and federal fiscal year 2014 only after the Cambridge public health commission transfers up to $15,500,000 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of that payment.
SECTION 57. Said item 1595-1068 of said section 2E of said chapter 165 is hereby further amended by striking out the figure “$412,000,000” and inserting in place thereof the following figure:- $639,500,000.
SECTION 58. Section 239 of said chapter 165 is hereby amended by striking out the words “September 30” and inserting in place thereof the following words:- December 1.
SECTION 59. Section 280 of said chapter 165 is hereby repealed.
SECTION 60. Section 4 of chapter 188 of the acts of 2014 is hereby amended by striking out the figure “4000-0890” and inserting in place thereof the following figure:- 4000-0885.
SECTION 61. Section 1 of chapter 234 of the acts of 2014 is hereby amended by striking out the words “28 CFR 20.33 and” each time they appear.
SECTION 63. Section 34 of chapter 286 of the acts of 2014 is hereby amended by striking out the figure “1100-2510” and inserting in place thereof the following figure:- 6720-1350.
SECTION 64. Section 49A of chapter 287 of the acts of 2014 is hereby repealed.
SECTION 65. Section 125 of said chapter 287 is hereby amended by striking out the figure “49A,”.
SECTION 66. Notwithstanding chapter 287 of the acts of 2012, the secretary of education shall submit the first report required under section 2 of said chapter 287 not later than November 15, 2014 to the clerks of the senate and the house of representatives.
SECTION 67. Notwithstanding any general or special law to the contrary, the department of housing and community development may provide not more than $20,000,000 to eligible entities that administer the federal Low Income Home Energy Assistance Program, described in item 7004-2033 of section 2D of chapter 165 of the acts of 2014, to allow such eligible entities to begin start-up operations of the program and to provide advanced funding, not later than 30 days after the start of the fiscal year; provided, however, that the department and such eligible entities may expend a portion of these funds for approved administrative costs consistent with the current or prior year’s state plan submitted by the department under the federal program; provided further, that the department and such eligible entities may, after November 1, 2014, expend a portion of these funds in accordance with the state plan; provided further, that funds expended for this purpose shall be transferred from the General Fund; and provided further, that such advanced funding shall be subject to the federal reimbursement of funds under said item 7004-2033 of said section 2D of said chapter 165.
SECTION 68. (a) Notwithstanding any general or special law to the contrary, the trustees of the Worcester City Campus Corporation may convey by quitclaim deed to the Massachusetts Department of Transportation, fee title in and to all or a portion of a parcel of land located off Plantation parkway in the city of Worcester and shown as Parcel 2A on a plan entitled “Subdivision Plan of Land” prepared by Vanasse Hangen Brustlin, Inc., dated July 14, 2014, which plan shall be duly recorded with the Worcester district registry of deeds.
(b) The deed conveying the parcel described in subsection (a) shall transfer the parcel to the Massachusetts Department of Transportation for highway purposes and for all purposes consistent with chapter 6C of the General Laws.
(c) The consideration for the conveyance in subsection (a) shall be the conveyance by the Massachusetts Department of Transportation by quitclaim deed to the Worcester City Campus Corporation, the parcel of land on the northerly side of Belmont street, numbered 403 Belmont street in the city of Worcester, which currently serves as the District 3 headquarters, comprising approximately 6.625 acres and shown as Parcel 66-M-1 on a plan of land entitled “Massachusetts Department of Transportation Plan of Land in the City of Worcester, Worcester County, Showing Location of Maintenance Area”, prepared by Vanasse Hangen Brustlin, Inc., dated October 23, 2013, and recorded with the Worcester district registry of deeds in Plan Book 904, Plan 10.
(d) The conveyance described in subsection (c) shall occur only after the conveyance in subsection (a) has occurred and the conveyances shall also occur prior to the construction of a new District 3 headquarters by the Massachusetts Department of Transportation.
SECTION 69. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0875, 4000-0880, 4000-0890, 4000-0940, 4000-0950, 4000-0990, 4000-1400, 4000-1405 and 4000-1420 of section 2 of chapter 38 of the acts of 2013 to reduce any deficiency in these items; provided, however, that the transfer shall be made not later than November 1, 2014.
SECTION 70. Notwithstanding any general or special law to the contrary, any unexpended balances, not exceeding a total of $20,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 38 of the acts of 2013, shall not revert to the General Fund until November 1, 2014 and may be expended by the executive office of health and human services to pay for services enumerated in said items 4000-0600 and 4000-0700 of said section 2 of said chapter 38 provided during fiscal year 2014.
SECTION 71. There shall be established on the books of the commonwealth a separate fund to be known as the Capital Needs Investment Fund, in this section called the fund. The comptroller shall credit to the fund $5,014,407, as appropriated in item 7002-0021 of section 2 of chapter 165 of the acts of 2014. The secretary of housing and economic development shall hold amounts in the fund as trustee for the purposes set forth in this section and shall disburse the following amounts without further appropriation:
(i) $2,014,407 for the restoration costs of the Mayflower II to take place through 2020, including a 30 per cent cost contingency on future work to cover unforeseen costs; and
(ii) $3,000,000 for the construction of a public safety building in the town of Barre.
The fund shall expire on December 31, 2020, at which time the fund shall be repealed and any unexpended balance and interest earnings shall be transferred to the General Fund.
SECTION 72. Notwithstanding any general or special law to the contrary, the secretary of the commonwealth, acting on behalf of the commonwealth, may sell, transfer or license the corporations division’s software and related documents pertaining to the division’s web-based searching and filing applications, including the business entity and uniform commercial code software, developed by the secretary of the commonwealth and copyrighted to other states, multi-state or regional associations or other sovereign governmental entities on such terms and conditions as in the secretary’s discretion reasonably compensates the commonwealth for its interests. The secretary shall retain and expend revenues collected from such sales, licensure or user agreements in an amount not greater than 50 per cent for technical activities of the corporations division, the remaining 50 per cent shall be deposited in the General Fund. The secretary may provide webhosting and ongoing support and maintenance to other states, provinces or territories of Canada related to their uniform commercial code and corporate applications.
SECTION 73. (a) Notwithstanding sections 32 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in this section called the commissioner, may sell or otherwise grant, convey or transfer those certain parcels of land located at 10 Park Plaza in the city of Boston, together with the buildings and structures on those parcels, known as the “transportation building”, and may assign all interests of the commonwealth under a master lease and garage operating agreement with Theatre District Limited Partnership, as amended, occupancy agreements and licenses at the transportation building, to the Massachusetts Department of Transportation, in this section called the department. The exact boundaries of the transportation building shall be determined by the commissioner. No monetary consideration shall be required for the conveyance and assignments authorized by this act except as provided in this section. The state conveyance and assignments shall be without warranties or representations by the commonwealth.
(b) The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across the transportation building and across other commonwealth property contiguous to the transportation building, and may accept from the department such rights of way or easements in roadways or across the transportation building for access, egress, drainage and utilities as the commissioner considers necessary or appropriate to carry out this section.
(c) Notwithstanding any general or special law to the contrary, the department shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the transactions authorized by this section as such costs may be determined by the commissioner.
(d) Any sale by the department of the building described in subsection (a) shall comply with section 20 of chapter 6C of the General Laws.
(e) The department shall provide written notification to the clerks of the senate and house of representatives and the chairs of the senate and house committees on ways and means not later than 30 days prior to the sale of the building described in subsection (a). Said notification shall include the sale price and name of the purchaser.
SECTION 74. Not less than $5,468,000 from the Community First Trust Fund established in section 35AAA of chapter 10 of the General Laws shall be expended in fiscal year 2015 to expand access to services under items 5920-2025, 5920-3000, 5911-2000, 5911-1003, and 5920-3010 of section 2 of chapter 165 of the acts of 2014, as required by chapter 226 of the acts of 2014.
SECTION 75. 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:
between the commonwealth and the National Association of Government Employees, Units 1, 3 and 6;
- between the commonwealth and the American Federation of State, County and Municipal Employees, Unit 2;
- between the Plymouth sheriff and the Association of County Employees;
- between the Barnstable sheriff and the American Federation of State, County and Municipal Employees, Local 1462C, AFL-CIO Council 93, Unit S2B;
- between the Middlesex sheriff and the Middlesex Sheriff’s Superior Officers Association, Unit SM4;
- between the Worcester sheriff and the New England Police Benevolent Association, Local 275, Unit SW2;
- between the trial court and the National Association of Government Employees/Service Employees International Union Local 5000, Units J2C and J2P;
- between the Barnstable sheriff and the National Association of Government Employees, Local 220, Unit S5B;
- between the Barnstable sheriff and the Barnstable County Correctional Officers Union, Unit S1B;
- between the Barnstable sheriff and the National Correctional Employees Union, Local 119, Unit S4B;
- between the Barnstable sheriff and the National Association of Government Employees – International Brotherhood of Correctional Officers, Local 217, Public Safety, Groups A, B and C, Unit S3B;
- between the Berkshire sheriff and the Berkshire County Sheriff’s Office Employees Association, Unit SB3;
- between the Berkshire sheriff’s Office Communication Center and the I.U.E.-C.W.A., Unit SB2;
- between the Essex sheriff and the International Brotherhood of Corrections Officers, Local R1-71, Unit SE9;
- between the Berkshire sheriff and the International Brotherhood of Corrections Officers, Local R1-297, Unit SB1;
- between the Hampshire sheriff and the National Correctional Employees Union, Unit SH9;
- between the Hampshire sheriff and the Hampshire Sherriff’s Office Non-Uniform Correctional Association, Unit SH7;
- between the Hampshire sheriff and the Hampshire Sherriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH8;
- between the Hampshire sheriff and the Hampshire Sherriff’s Office Jail and Hampshire Sheriff’s Office Treatment Association, Unit SH6;
- between the Norfolk sheriff and the National Association of Government Employees /Service Employees International Union R1-202, Unit SN1;
- between the Plymouth sheriff and the National Correctional Employees Union, Unit SP7;
- between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Bureau of Criminal Investigation Officers Unit, Unit SP3;
- between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Communication Officers Unit, Unit SP5;
- between the Plymouth sheriff and the National Correctional Employees Union, Unit SP1;
- between the Suffolk sheriff and the National Association of Government Employees, Local 298, Unit SS2;
- between the Suffolk sheriff and the Jail Officers and Employees Association of Suffolk County, Unit SS4;
- between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 419, Unit SS0;
- between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 3643, Unit SS5;
- between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 3967, Unit SS6;
- between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local RN, Unit SS3;
- between the Hampden sheriff and the National Correctional Employees Union, Unit SH4;
- between the Hampden sheriff and the Hampden County Superior Correctional Officer Association, Unit SH3;
- between the Hampden sheriff and the Non-Uniformed Correctional Association, Unit SH2;
- between the Franklin sheriff and the National Correctional Employees Union, Unit SF1;
- between the Franklin sheriff and the International Brotherhood of Corrections Officers, Local R1-045, Unit SF3;
- between the trial court and the Office and Professional Employees International Union, Local 6, Units J6C and J6P;
- between the Worcester sheriff and the United Auto Workers (UAW), Local 422, Unit SW5;
- between the Bristol sheriff and the Bristol Superior Officers, National Correctional Employees Union, Unit SA3;
- between the Bristol sheriff and the Massachusetts Correctional Officers Federated Union, Unit SA4;
- between the commonwealth and the Service Employees International Union, Local 509, Units 8 and 10;
- between the Worcester Sheriff and the National Association of Government Employees, Local 255, Unit SW4;
- between the Massachusetts Department of Transportation and DOT Unit A - clerical and administrative workers, unit D01, National Association of Government Employees;
- between the Massachusetts Department of Transportation and DOT Unit C - skilled trades and crafts, Units D02, National Association of Government Employees, IBEW Local 103, Teamsters Local 127, and Teamsters Local 25;
- between the Massachusetts Department of Transportation and DOT Unit D – professional admin., Units D06, National Association of Government Employees, International Brotherhood of Electrical Workers Local 103, Teamsters Local 127, clerical, audit and support Employees and United Steelworkers Local 5696;
- between the Massachusetts Department of Transportation and DOT Unit E – engineers and scientists, Unit D09, including the Massachusetts Organization of State Engineers and Scientists and United Steelworkers Local 5696;
- between the commonwealth and the Massachusetts Organization of State Engineers and Scientists, Unit 9;
- between the Berkshire middle, north and south registry of deeds and the Service Employees International Union, Local 888;
- between the Essex north and south registry of deeds and the American Federation of State, County, and Municipal Employees, Local 653;
- between the Middlesex south registry of deeds and the American Federation of State, County and Municipal Employees, Local 414;
- between the Suffolk registry of deeds and the Service Employees International Union, Local 888;
- between the Worcester north registry of deeds and the Service Employees International Union, Local 888;
- between the Middlesex north registry of deeds and the Office and Professional Employees International Union, Local 6;
- between the Hampden registry of deeds and the Office and Professional Employees International Union, Local 6;
- between the Middlesex south registry of deeds and the Office and Professional Employees International Union, Local 6;
- between the Norfolk sheriff and the County Correctional Officers Association, Local 296, Unit SN3;
- between the Norfolk sheriff and the County Correctional Officers Association, Local 295, Unit SN2;
- between the Bristol sheriff and the National Correctional Employees Union, Unit SA7;
- between the Franklin sheriff and the FCSO non-unit Association, Unit SF2;
- between the Middlesex sheriff and the New England Police Benevolent Association, Local 500, Unit SM5;
- between the Middlesex sheriff and the National Correctional Employees Union, Local 116, Civil Process Unit;
- between the Bristol sheriff and the National Association of Government Employees, Units A and C;
- between the University of Massachusetts and the Massachusetts Society of Professors Lowell, MTA/NEA, Unit L90;
- between the University of Massachusetts and the Service Employees International Union, Local 888, Unit L95;
- between the University of Massachusetts and the International Brotherhood of Police Officers, Local 339, Unit D84;
- between the University of Massachusetts and the American Federation of State, County and Municipal Employees, Local 507, Unit D82;
- between the Board of Higher Education and the Massachusetts State College Association/MTA/NEA;
- between the Board of Higher Education and the Association of Professional Administrators, MTA/NEA;
- between the Board of Higher Education and the American Federation of State, County and Municipal Employees, Local 1067/Council 93;
- between the Massachusetts State Lottery Commission and the Service Employees International Union, Local 888;
- between the Essex sheriff and the National Corrections Employees Union, Local 121; and
- between the Massachusetts Department of Transportation and DOT Unit B - service and maintenance workers, Unit D02, including the American Federation of State, County and Municipal Employees Local 1009, Service Employees International Union Local 188, Teamsters Local 127 and United Steelworkers Workers Local 596.
SECTION 76. Notwithstanding any general or special law to the contrary, disbursements made pursuant to item 1599-3764 may be made directly to political subdivisions of the commonwealth and non-profit organizations.
SECTION 77. Notwithstanding any general or special law to the contrary, prior to any disbursements made from item 1599-3764, established in this act, the secretary of administration and finance shall notify the house and senate committees on ways and means of the recipient of funds and the amount to be disbursed.
SECTION 78. Sections 16 and 18 shall take effect as of August 13, 2014.
SECTION 79. Section 17 shall take effect on January 1, 2019.
SECTION 80. Section 26 shall take effect as of September 1, 2014.
Approved, October 31, 2014.