Bill H.4155

HOUSE . . . . . . . . . . . . . . . No. 4155

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations and for certain other activities and projects.

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 2010, 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, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Economic Development

7004-9024$2,300,000

Department of Business Development

7007-0900$2,500,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7003-0701$11,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary of Public Safety and Security

8910-0000$46,010,366

Department of Correction

8900-0001$8,000,000

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 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, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SHERIFFS

Barnstable Sheriff's Department

8910-8200For the operation of the Barnstable sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $15,882,525

8910-8210The Barnstable sheriff's department may expend for the operation of the department an amount not to exceed $250,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $250,000

Bristol Sheriff's Department

8910-8300For the operation of the Bristol sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $20,442,251

8910-8310The Bristol sheriff's department may expend for the operation of the department an amount not to exceed $6,500,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $6,500,000

Dukes Sheriff's Department

8910-8400For the operation of the Dukes sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $1,925,824

Nantucket Sheriff's Department

8910-8500For the operation of the Nantucket sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $586,945

Norfolk Sheriff's Department

8910-8600For the operation of the Norfolk sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $17,153,969

8910-8610The Norfolk sheriff's department may expend for the operation of the department an amount not to exceed $2,500,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $2,500,000

Plymouth Sheriff's Department

8910-8700For the operation of the Plymouth sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $17,957,534

8910-8710The Plymouth sheriff's department may expend for the operation of the department an amount not to exceed $16,000,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $16,000,000

Suffolk Sheriff's Department

8910-8800For the operation of the Suffolk sheriff’s department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs’ department to the commonwealth $64,082,051

8910-8810The Suffolk sheriff's department may expend for the operation of the department an amount not to exceed $8,000,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $8,000,000

EXECUTIVE OFFICE

Executive Office

0411-1001For the operation of the development coordinating council$200,000

0411-1003For the operation of the commonwealth's Washington, D.C. office$400,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Revenue

1231-1000For the Commonwealth Sewer Rate Relief Fund established in section 2Z of chapter 29 of the General Laws; provided, that sums appropriated in this line item shall be funded by revenues collected under section 321 of chapter 94 of the General Laws, as amended by section 24 $5,500,000

Reserves

1599-1702For a reserve for the 75 per cent state share of costs to the department of conservation and recreation as identified for reimbursement by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm, for the counties of Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester $4,700,000

1599-5050The executive office for administration and finance may expend for a single point of contact unit within the executive office to monitor and track federal assistance an amount not to exceed $300,000 in revenues received from fringe benefit assessments; provided, that the items monitored may include grants, federal medical assistance percentages reimbursements, other reimbursements, entitlement programs and any economic recovery stimulus funds, should they be received, under section 6B of chapter 29 of the General Laws; provided further, that the unit shall coordinate with the state comptroller and the treasurer and receiver-general; provide further, that the unit shall coordinate with agencies to draw down all available funds to support programs and services and to further ensure compliance with the federal Cash Management Improvement Act, that all draws of federal grant funds must be processed through the commonwealth's automated central draw process, under the supervision of the comptroller $300,000

Operational Services Division

1775-1101For the operation of the affirmative market program$175,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2010-0100For technical assistance, grants and support of efforts consistent with the Massachusetts solid waste master plan and climate protection plan; provided, that sums appropriated in this item shall be funded by revenues collected under section 321 of chapter 94 of the General Laws, as amended by section 24 $2,986,000

Department of Environmental Protection

2200-0107For the operation of a redemption center program in pursuit of the commonwealth's recycling goals consistent with section 323 of chapter 94 of the General Laws; provided, that sums appropriated in this item shall be funded by revenues collected under section 321 of chapter 94 of the General Laws, as amended by section 24 $2,225,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Children and Families

4800-0016For the department of children and families which may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of the department of children and families may enter into a contract with Roca, Inc., a not-for-profit community-based agency, to manage the transitional employment program and to provide services to participants from the aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs $1,500,000

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education

7061-9010For tuition payment reimbursements calculated under subsection (oo) of section 89 of chapter 71 of the General Laws; provided, that notwithstanding said subsection (oo), this item shall only fund reimbursements of 60 per cent of the amount by which a district's charter school tuition amounts in fiscal year 2009 were greater than its total charter school tuition amount for fiscal year 2008, and 40 per cent of the amount by which the district's charter school tuition amounts for fiscal year 2008 were greater than its total charter school tuition amount for fiscal year 2007; and provided further, that any excess funds in this account after payments have been made in full shall be transferred to item 7061-9020 if that item does not have sufficient funds to reimburse the tuition amounts required by said section 89 $29,865,079

7061-9020For fiscal year 2010 payments to charters schools for facilities aid and fiscal year 2010 tuition increases; provided, that notwithstanding subsections (nn) and (oo) of section 89 of chapter 71 of the General Laws, or any other general or special law to the contrary, the total tuition amount owed by a sending district to a charter school shall be the per pupil tuition amount for fiscal year 2009 as defined in said subsection (nn) multiplied by the total number of students attending the charter school from that district in fiscal year 2009; provided further, that the commonwealth shall provide payments directly to charter schools for the per pupil capital needs component, which in FY2010 shall be $893; provided further, that notwithstanding said subsection (oo), or any other general or special law to the contrary, the commonwealth shall provide payments directly to charter schools for the amount by which the district's charter school tuition amounts for fiscal year 2010 are greater than its total charter school tuition amount for fiscal year 2009; and provided further, that if the amount appropriated is insufficient to fully fund all reimbursements required by said section 89, the department shall fully reimburse the cost of the per pupil capital needs component and shall pro-rate the tuition reimbursements calculated under said subsection (oo) $49,886,500

Board of Higher Education

7070-0031For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the commissioner of higher education and for students with serious physical impairments, known as the Ronald E. McNair education opportunity program $1,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary of Housing and Economic Development

7002-0013For the operation of expedited permitting at the executive office of housing and economic development, and related regional and local planning grants $1,100,000

Department of Housing and Community Development

7004-2475For the soft second loans program$500,000

Department of Business Development

7007-0334For the operation of the office of small business and entrepreneurship and for grants to community development corporations, community development financial institutions or non-profit community-based organizations for the purpose of providing technical assistance or training programs to businesses with 20 employees or fewer $750,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Department of State Police

8100-0515For the estimated expenses of hiring, equipping and training state police recruits to maintain the strength of the state police; provided, that 100 per cent of the amount appropriated in this item shall be imposed as a policy surcharge and collected and remitted to the commissioner of insurance in accordance with section 116E of chapter 6 of the General Laws $3,200,000

Municipal Police Training Committee

8200-0212For the expanded annual training programs for veteran and reserve municipal police officers and expanded recruit training conducted by the municipal police training committee, including development and delivery of distance learning programs for municipal police officers, and development and execution of a standards and evaluations program for training courses and instructors of or certified by the committee; provided, that notwithstanding any general or special law to the contrary, the training fee for new recruits of municipal police departments and those law enforcement officers employed by agencies of the commonwealth who exercise police powers, including but not limited to environmental police officers and campus police officers of the University of Massachusetts and state colleges who exercise police powers, shall be covered by this item; and provided further, that 100 per cent of the amount appropriated in this item, including fringe benefit charges, shall be imposed as a policy surcharge and collected and remitted to the commissioner of insurance in accordance with section 116E of chapter 6 of the General Laws $3,100,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2010, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

JUDICIARY

Supreme Judicial Court

0321-2215For the expenses of the social law library located in Suffolk county$506,704

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Capital Asset Management and Maintenance

1102-3225For the cost of utilities and management services provided by the division of capital asset management, including the payment of electrical, fuel oil and natural gas purchases that are centrally billed to the commonwealth and the purchase, delivery, handling of and contracting for supplies, postage and related equipment and other incidental expenses provided under section 51 of chapter 30 of the General Laws; provided, that any unspent balance at the close of fiscal year 2010 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for this item in fiscal year 2011 for the purposes of energy efficiency projects; and provided further, that the division in consultation with the department of energy resources, the operational services division and the executive office for administration and finance shall implement a program for centralized energy management by July 1, 2010 $130,000,000

Police Training Surcharge

SECTION 3. Chapter 6 of the General Laws is hereby amended by inserting after section 116D the following section:-

Section 116E. (a) Sums for the estimated expenses of providing annual in-service specialized and statutorily-mandated training programs conducted by the municipal police training committee for veteran and reserve municipal police officers and for those officers employed by agencies of the commonwealth who exercise police powers and receive this training from the municipal police training committee, including but not limited to environmental police officers and campus police officers of the University of Massachusetts and state colleges who exercise police powers, shall be paid to the commissioner of insurance by property and casualty insurance companies writing motor vehicle insurance policies in the commonwealth by means of a policy surcharge imposed upon the policyholder of any private passenger automobile policy issued by any property and casualty insurance company writing motor vehicle insurance policies in the commonwealth. These programs shall include new recruit training provided by the municipal police training committee; development and delivery of distance learning programs by the municipal police training committee; a standards and evaluations program for training courses and instructors of or certified by the municipal police training committee; the development and updating of training programs including curricula by the municipal police training committee, hiring, equipping, and training new state police recruits; and the development and operation of a state police cadet program including the hiring, equipping, and training of state police cadets, subject to appropriation, and the estimated cost of fringe benefits associated with this training hiring and employment. The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The rate of the policy surcharge shall be determined and adjusted annually by the commissioner of insurance to a rate sufficient to generate a surcharge to fund the expenses estimated by the secretary of public safety and security for the purposes described above.

(b) The policy surcharge shall be collected and remitted to the commissioner of insurance by the property and casualty insurance companies writing motor vehicle insurance policies in the commonwealth on a quarterly basis on or before the 25th day of the month succeeding the end of the quarter in which it is collected. Any company failing or refusing to collect and remit to the commissioner of insurance any policy surcharge or whose surcharge payments are not postmarked by the due dates for quarterly filing shall be liable for a penalty of up to $100 for each day of delinquency, to be assessed by the commissioner of insurance. The estimated costs shall include an amount equal to the cost of fringe benefits as established by the secretary of administration and finance under section 6B of chapter 29. Any surcharge collected in a fiscal year but not expended by the municipal police training committee or department of state police for the purposes set forth in this section shall be retained by the commonwealth for use by the municipal police training committee or department of state police. The retained surcharge shall be credited against the amounts required to be collected under this section in the following year, and those required payments shall be reduced by the amount of this credit.