SENATE DOCKET, NO. 2740 FILED ON: 8/3/2010
SENATE . . . . . . . . . . . . . . No. 2592
|
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand Ten
_______________
An Act making appropriations for the fiscal year 2010 and fiscal year 2011 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.
OFFICE OF THE STATE COMPTROLLER
Office of the State Comptroller
1599-3384$4,000,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Department of Revenue
1232-0200$230,905
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.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance
1599-4305For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Barnstable county sheriff’s department and the International Brotherhood of Correctional Officers, Local 217 (Radio Technicians), and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $18,482
1599-4310 For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Bristol county sheriff’s department and the National Association of Government Employees, Local RI 163, Units A and C, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $39,446
1599-4313For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Bristol county sheriff’s department and the National Correctional Employees Union, Unit B, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $12,458
1599-4314For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Franklin county sheriff’s department and the Non-Unit Employees' Association/NCEU, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $64,741
1599-4315For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Franklin county sheriff’s department and the National Correctional Employees Union, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $71,739
1599-4319For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire county sheriff’s department and the Non-Uniformed Correctional Officers Association, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $36,329
1599-4320For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire county sheriff’s department and the Superior Officers Association, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $13,494
1599-4321For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire county sheriff’s department and the Sheriff's Office Treatment Association, Local 1459, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $9,713
1599-4322For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex county sheriff’s department and the New England Police Benevolent Association/AFL-CIO, Local 500, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $235,177
1599-4323For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex county sheriff’s department and the Superior Officers Association, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $51,679
1599-4324For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex county sheriff’s department and the Teamsters Local 122, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $5,032
1599-4325For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Norfolk county sheriff’s department and the National Association of Government Employees, RI-202, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $25,026
1599-4327For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Norfolk county sheriff’s department and the National Association of Government Employees, Local 296, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $28,888
1599-4333For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the National Association of Government Employees, Local 298, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $57,708
1599-4340For a reserve to meet the fiscal year 2010 and fiscal year 2011 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Berkshire county sheriff’s department and the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers - Communications Workers of America, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal years 2010 and 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $2,809
1599-4360For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Franklin county sheriff’s department and the Franklin Captains NCEU, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $10,775
1599-4361For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire county sheriff’s department and the Hampshire Correction Officers NCEU, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $42,876
1599-4362For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Bristol county sheriff’s department and the Bristol K-9 Unit/NCEU, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $3,469
1599-4400For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 432 (A&B Units) (Unit A06), for the Amherst campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $34,560
1599-4401For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the University Staff Association/MTA/NEA (Unit A08), for the Amherst campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $284,512
1599-4402For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Non-Exempt Supervisors Unit, Unit B/MTA/NEA (Unit A15) , for the Amherst campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be file d in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $19,667
1599-4403For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA (Units A50 and B40), for the Amherst and Boston campuses, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $1,368,521
1599-4404For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Professional Staff Union/MTA/NEA (Units A52 and B42), for the Amherst and Boston campuses, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $1,397,337
1599-4405For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Classified Staff Union/MTA/NEA (Units B31 and B32), for the Boston campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $179,382
1599-4407For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25 (Unit B33), for the Boston campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $8,574
1599-4409For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, Local 507, AFL-CIO (Unit D82), for the Dartmouth campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $66,590
1599-4410 For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Police Officers, for the Dartmouth campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011............................... $14,234
1599-4411For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services Unit (Unit D85), for the Dartmouth campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $145,171
1599-4412For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Massachusetts Society of Professors/Lowell/MTA/NEA (Unit L90), for the Lowell campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $623,317
1599-4413For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the MTA/NEA Clerical/Technical Unit (Unit L92), for the Lowell campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $18,571
1599-4414For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the MTA/NEA Maintenance/Trades Unit (Unit L93) , for the Lowell campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $36,333
1599-4415 For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Association of University Police Officers for the Lowell campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011…………..$263,733
1599-4416For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Service Employees International Union, Local 888 (Unit L95), for the Lowell campus, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $369,034
1599-4419 For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Board of Higher Education and the Association of Federal, State, County and Municipal Employees, Council 93, Local 1067, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011…………..$1,174,149
1599-4420For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Board of Higher Education and the Massachusetts Teachers Association/National Education Association Associated Professional Administrators, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $1,967,273
1599-4421 For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Board of Higher Education and the Massachusetts Teachers Association/National Education Association Associated Massachusetts Community Colleges Council, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011…………..$28,841
1599-4422For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Board of Higher Education and the Massachusetts Teachers Association/National Education Association State College Faculty, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $1,582,420
1599-4424For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Dartmouth AFT/MFT Faculty & Librarians, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $622,418
1599-4425For a reserve to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Dartmouth Maintenance & Trades MFT, and to meet the fiscal year 2010 and fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 and fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2011 $33,232
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Fish and Game
2300-1011For the department which may expend revenues in an amount not to exceed $200,000 from the administrative handling charge revenues received from electronic transactions processed through its online licensing and registration systems under chapter 60 of the acts of 2007; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commissioner may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $200,000
SECTION 2C.I. For the purpose of making available in fiscal year 2011 balances of appropriations which otherwise would revert on June 30, 2010, 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 the general appropriation act for fiscal year 2011; provided, however, that for items which do not appear in said 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 said section 2 of the general appropriation act; provided, however, that for items which do not appear in said section 2 of the general appropriation act, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.. The sums re-appropriated in this section shall be in addition to any amounts available for said purposes.
JUDICIARY
Appeals Court
0322-0100$130,000
OFFICE OF THE STATE COMPTROLLER
Office of the State Comptroller
1599-3384$4,000,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Department of Revenue
1232-0200$230,905
Reserves
1599-4281$10,000
1599-4282$10,000
1599-4283$10,000
1599-4284$10,000
SECTION 2C.II. For the purpose of making available in fiscal year 2011 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2010, 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 2011; provided, however, that 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 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; provided, however, that 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 from the fund or funds designated for the corresponding item in said 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.
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Fish and Game
2300-1011$200,000
SECTION 3.
To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2011, the sums set forth in section 3 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, 2011. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.
JUDICIARY
Trial Court
0330-0300………………………………………………………………….………… $300,000
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE
Reserves
1599-3234………………………………………………………………….…………$337
1599-4704………………………………………………………………….…………$4,300,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-0100…………………………………………………………………………$150,000
Department of Environmental Protection
2200-0107…………………………………………………………………………$500,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Transitional Assistance
4403-2000…………………………………………………………………………$9,500,000
Department of Public Health
4510-0616…………………………………………………………………………$528,233
4513-1020…………………………………………………………………………$1,600,000
Department of Children and Families
4800-0015…………………………………………………………………………$725,342
4800-0025…………………………………………………………………………$253,077
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
State Police
8100-0000…………………………………………………………………………$3,500,000
Department of Correction
8900-0001…………………………………………………………………………$10,000,000
SECTION 3A. To provide for certain unanticipated obligations of the commonwealth, to provide for alterations 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, 2011. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.
JUDICIARYBristol District Attorney
0340-0902For the costs associated with relocating to the new district court house in Fall River $75,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Department of Revenue
1201-0130For the department of revenue which may expend for the operation of the department not more than $22,730,000 from revenues collected by the additional auditors for an enhanced audit program; provided, that the auditors shall: (1) discover and identify persons who are delinquent either in the filing of tax returns or the payment of taxes due and payable to the commonwealth; (2) obtain such delinquent returns; and (3) collect such delinquent taxes for prior fiscal years; provided further, 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; and provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to, the following: (1) the amount of revenue produced from these additional auditors; and (2) the amount of revenue produced by this item in fiscal years 2007, 2008, 2009 and 2010 $22,730,000
Reserves
1599-6263For a reserve for the purposes of eradication and control of mosquitoes to prevent the spread of eastern equine encephalitis; provided, that the secretary of administration and finance shall report on the expenditures from this account including, but not limited to, the amount spent from this account during the fiscal year, the communities where spraying occurred and the amount spent per community $1,500,000
EXECUTIVE OFFICE OF EDUCATION
Department of Elementary and Secondary Education.
7027-0016For matching grants for Jobs for Bay State Graduates, Inc., for school-to-work programs; provided, that the board of elementary and secondary education shall establish guidelines for such programs in consultation with the department of workforce development; provided further, that any funds distributed from this item to cities, towns or regional school districts shall be deposited with the treasurer of the city, town or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special law to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; provided further, that the board of elementary and secondary education may determine the percentage match required on an individual grant basis; and provided further, that no funds shall be expended for personnel $450,000
SECTION 4. Section 61 of chapter 10 of the General Laws is hereby amended by striking out the figure “2010”, inserted by section 10 of chapter 120 of the acts of 2009, and inserting in place thereof the following figure:- 2011.
SECTION 5. Section 1 of Chapter 90C of the General Laws is hereby amended by inserting at the end of the definition of “police chief” the following:-
or the director of the office of environmental law enforcement within the executive office of energy and environmental affairs.
SECTION 6. The first paragraph of paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws, inserted by section 57 of chapter 131 of the acts of 2010, is hereby amended by adding the following words:- ; provided, however, that the registrar may retain an amount not greater than $100,000 annually for personnel costs associated with the processing of the filing fees.
SECTION 7. Section 7 of chapter 150E of the General Laws is hereby amended by inserting after the word “Massachusetts”, in lines 8 and 22, as appearing in the 2008 Official Edition, the following words:- , the chief justice for administration and management.
SECTION 8. Chapter 176D is hereby amended by inserting after section 3B the following section:-
Section 3C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Ambulance service provider”, a person or entity licensed by the department of public health under section 6 of chapter 111C to establish or maintain an ambulance service.
“Ambulance services”, 1 or more of the services that an ambulance service provider is authorized to render under its ambulance service license.
“Insurance contract”, a contract of or policy for insurance, motor vehicle insurance, indemnity, medical or hospital service, dental or optometric, suretyship or annuity issued, proposed for issuance or intended for issuance by an insurer.
“Insured”, an individual entitled to ambulance services benefits under an insurance contract.
“Insurer”, a person as defined in section 1 of chapter 176D; a health maintenance organization as defined in section 1 of chapter 176G; a non-profit hospital service corporation organized under chapter 176A; an organization as defined in section 1 of chapter 176I that participates in a preferred provider arrangement as defined in said section 1 of said chapter 176I; a carrier offering a small group health insurance plan under chapter 176J; a company as defined in section 1 chapter 175; an employee benefit trust; a self-insurance plan; and a company authorized under section 113A of said chapter 175 to issue a motor vehicle liability policy, as defined in section 34A of chapter 90.
(b) Notwithstanding any general or special law to the contrary, if an ambulance service provider provides an ambulance service to an insured but is not an ambulance service provider under contract to the insured‘s insurer, the insured‘s insurer shall pay the ambulance service provider directly and promptly for the ambulance service rendered to the insured. The payment shall be made to the ambulance service provider: (i) even if the insured‘s insurance contract prohibits the assignment of benefits thereunder, if the insured executes an assignment of benefits to the ambulance service provider; or (ii) if the insured‘s insurance contract does not prohibit the assignment of benefits thereunder, but the insured is either incapable or unable as a practical matter to execute the assignment of benefits; or (iii) in connection with an insurance contract that contains a prohibition against such assignment of benefits. An ambulance service provider shall not be considered to have been paid for an ambulance service rendered to an insured, if the insurer makes payment for the ambulance service to the insured. An ambulance service provider shall have a right of action against an insurer that fails to make a payment to it pursuant to this subsection.
SECTION 9. Section 144 of chapter 122 of the acts of 2006 is hereby amended by striking out, in lines 4 to 6, inclusive, the words “; provided, however, that no waiver or exemption shall be granted without the written approval of the secretary of administration and finance.
SECTION 10. Item 6001-0884 of section 2C of chapter 303 of the acts of 2008, as amended by section 37 of chapter 26 of the acts of 2009, is hereby further amended by inserting after the last sentence, the following sentence;- ;provided further, that the amounts specified in this item for a particular project may be adjusted to facilitate other projects relating to rail improvement under said chapter 161C.
SECTION 11. Item 0330-0300 of section 2 of chapter 27 of the acts of 2009 is hereby amended by adding the following words:- ; and provided further, that the unspent balance in this item shall be available in fiscal year 2011 in addition to any amount previously appropriated herein.
SECTION 12. Item 8100-0000 of said section 2 of said chapter 27 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds in this item shall not revert and shall be made available for the purposes of this item until June 30, 2011.
SECTION 13. Item 8900-0001 of said section 2 of said chapter 27 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds in this item shall not revert and shall be made available for the purposes of this item until June 30, 2011.
SECTION 14. Section 1 of chapter 59 of the acts of 2009 is hereby amended by striking out the definition of “TDC committee” and inserting in place thereof the following definition:-
“TDC committee”, the Templeton Developmental Center Visioning Committee, which shall include 3 representatives of the town of Templeton, 1 of whom shall be a member of the Templeton board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Templeton planning board or his designee, and 1 of whom shall be chosen by the Templeton board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; 1 representative of the employees of the Templeton Development Center; and 1 representative of the legal guardians of the clients currently housed at Templeton Developmental Center; provided, however, that the members, other than the members who are representatives of the state agencies, shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.
SECTION 15. Said chapter 59 is hereby further amended by inserting after section 2 the following section:-
Section 2A. The TDC committee shall evaluate and make recommendations to the commissioner on the use of the TDC site including, but not limited to, the continued use of the site as a state facility or other alternative uses for the TDC site. The TDC committee shall inform the town’s governing authority and the local community periodically of its proposals and decisions relevant to the use of the TDC site.
SECTION 16. Section 2A of chapter 120 of the acts of 2010 is hereby amended by striking out item 1599-4336 and inserting in place thereof the following item:-
1599-4336 For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the NAGE 06, Local RI-255, and to meet the fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds in this item shall not revert but shall remain available for expenditure until June 30, 2011…………………………27,121
SECTION 17. Item 1750-0102 of section 2 of chapter 131 of the acts of 2010 is hereby amended each time it appears by striking out the figure “$1,453,383” and inserting in place thereof the following figure:- $2,031,977.
SECTION 18. Item 1775-0100 of said section 2 of said chapter 131 is hereby amended by adding the following words:- ; provided further, that notwithstanding any general of special law to the contrary, the bureau of purchased services of the operational services division which is responsible under section 22N of chapter 7 of the General Laws for determining prices for programs under chapter 71B of the General Laws shall set the prices in fiscal year 2011 by increasing the final fiscal year 2010 prices by the rate of inflation as determined by the division for fiscal year 2011; provided further, that the division shall also adjust prices for extraordinary relief, as provided in 808 CMR 1.06 (4); and provided further, that the division shall accept applications for special circumstances for salary upgrades.
SECTION 19. Item 2000-0100 of said section 2 of said chapter 131 is hereby amended by striking out the words “may engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office may” and inserting in place thereof the following words:- shall engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office shall
SECTION 20. Item 4513-1020 of said section 2 of said chapter 131 is hereby amended by inserting before the last proviso the following 3 provisos:- provided further, that the department of public health, in consultation with the division of medical assistance and the division of health care finance and policy, shall develop and implement a contracting and payment methodology for early intervention services including intensive specialty services for Medicaid-eligible children with intensive service needs; provided further, that early intervention services shall be provided in compliance with applicable early intervention operational standards; provided further that the department shall implement said methodology by December 1, 2010 and shall provide written notification to the house and senate committees on ways and means 30 days prior to implementation
SECTION 21. Item 7077-0023 of said section 2 of said chapter 131 is hereby amended by striking out “ the resident veterinary tuition remission plan submitted January 9, 1988” and inserting in place thereof the following words:- a resident veterinary tuition remission plan as approved by the commissioner of higher education.
SECTION 22. Item 8000-0000 of said section 2 of said chapter 131 is hereby amended by inserting before the last proviso the following proviso:- : provided further, that the secretary may enter into an agreement with a state college or university to provide for the expansion of a comprehensive law enforcement and emergency response training program for local, state and federal criminal justice and homeland security professionals, subject to the receipt of federal matching funds
SECTION 23. Item 1000-0005 of section 2B of said chapter 131 is hereby amended by striking out the figure “$750,000” and inserting in place thereof the following figure:- $850,000.
SECTION 24. Section 2D of said chapter 131 is hereby amended by inserting after item 0840-4620 the following item:-
Massachusetts Developmental Disabilities Council.
1100-1703 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, this account shall be exempt from the first $290,000 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 20 of the General Laws…$3,280,078
SECTION 25. Said section 2D of said chapter 131 is hereby further amended by inserting after item 1201-0412 the following item:-
DISABLED PERSONS PROTECTION COMMISSION.
1107-2509 For the purposes of a federally funded grant entitled, Disabled Persons Protection Commission, Multi-Disciplinary Responses to Crime… $200,000
SECTION 26. Said chapter 131 is hereby further amended by striking out section 136 and inserting in place thereof the following section:-
Section 136. (a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b) or (c), an eligible individual pursuant to section 3 of chapter 118H of the General Laws shall not include a person who is not eligible to receive federally-funded benefits under sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, as amended, for fiscal year 2011.
(b) Notwithstanding any general or special law to the contrary and except as provided in subsection (c), the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, make payments from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to operate the health insurance plan established pursuant to subsection (b) of section 31 of chapter 65 of the acts of 2009 using existing funds in the trust fund; provided, however, that expenditure of such funds shall not result in loss of other commonwealth care services; provided however, that no payments shall be made for benefits to persons who were not receiving benefits under that health insurance plan on the first day of the last month of fiscal year 2010; and provided further, that no payments shall be made after December 31, 2010.
(c) Notwithstanding any general or special law to the contrary, upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the state comptroller that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, subsection (b) shall be disregarded and the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, establish or designate a health insurance plan in which a person who is not eligible to receive federally-funded benefits under said sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended, but who is an eligible individual pursuant to section 3 of chapter 118H of the General Laws may enroll for the period including July 1, 2010 to June 30, 2011, inclusive. The plan may be contracted for selectively from the health plans that contracted in fiscal year 2010 to provide insurance coverage to commonwealth care or MassHealth enrollees. Total state costs of providing coverage to all such persons, net of enrollee contributions and any federal financial participation, shall not exceed $60,000,000 for fiscal year 2011. To the extent that additional federal financial participation becomes available for paying the costs of such coverage, the secretary of administration and finance may direct the comptroller to make such amounts available from the General Fund to pay for the costs of such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority determine that the projected costs of enrolling eligible individuals in such coverage in fiscal year 2011 will exceed net state costs of $60,000,000, they may limit enrollment in such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority are unable to establish or designate a health insurance plan under this section, the secretary of administration and finance may direct the comptroller to transfer up to $60,000,000 from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund for the cost of health safety net claims for these individuals.”
SECTION 27. Notwithstanding any general or special law to the contrary, the proviso in the last sentence of subsection (k) of section 14G of chapter 151A of the General Laws shall not apply for the fiscal year ending June 30, 2010; provided, however, that the division of unemployment assistance shall notify the house and senate committees on ways and means at least 45 days prior to any changes to unemployment health insurance contributions or benefits.
SECTION 28. Notwithstanding the first paragraph of paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws, inserted by section 57 of chapter 131 of the acts of 2010, the registrar may retain from the court filing fees an amount not greater than $200,000 for fiscal year 2011 for information technology associated with the implementation of said section 3 of said chapter 90C.
SECTION 29. Notwithstanding chapter 151A of the General Laws or any general or special law to the contrary, the division of unemployment assistance may determine whether an individual who meets the requirements of Section 4002(g)(1) of the Supplemental Appropriations Act of 2008, as amended, is to be paid emergency unemployment compensation or regular compensation under said chapter 151A for a week of unemployment by applying the provisions of Section 4002(g)(2)(A) of said Supplemental Appropriations Act.
SECTION 30. Notwithstanding any general or special law to the contrary and within 30 days after the effective date of this section, the comptroller shall, transfer $953,742 from the General Fund to the Head Injury Treatment Services Trust Fund established in section 59 of chapter 10 of the General Laws. Transferred funds shall only be expended from the Head Injury Treatment Services Trust Fund and shall not be transferred to other funds.
SECTION 31. The inspector general in consultation with the attorney general may enter into a contract with a third party for the purposes of auditing all affordable housing projects’ cost certifications submitted after January 1, 2004 that were built through the comprehensive permit process as outlined in sections 20 to 23, inclusive, of chapter 40B of the General Laws and received a determination of project eligibility after July 30, 2002. The third party shall be hired through a competitive bidding process and be a certified public accountant licensed and in good standing with the commonwealth and meet minimum professional qualifications as determined by the inspector general.
All audits performed through this section shall be conducted in accordance with the American Institute of Certified Public Accountants auditing standards; provided, however, in the event of any conflict between the American Institute of Certified Public Accountants standards and housing policy guidance or regulation issued by the department of housing and community development or any subsidizing agency on or after November 30, 2006 such policy guidance or regulation shall control. The audits performed under this section may include, but not be limited to, a review of the submitted cost certification, agreements between the developer and the municipality,, purchase and sales agreements, any and all documentation relating to the real estate appraisal of the relevant property or properties in accordance with the applicable rules that were in place at the time that the cost certification occurred, all reported expenses and revenues, and all public documentation relating to the purchase, sale or lease of all constructed units.
At the request of the third party, the inspector general may summons the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to any matter under audit or investigation, in accordance with section 9 of chapter 12A of the General Laws.
The findings of every audit, including any evidence of illegal or fraudulent activities, or cases where the actual realized profit of an individual project exceeds 20 per cent, shall be presented immediately upon completion to the inspector general, the attorney general and the department of housing and community development for review. The inspector general may take whatever further action deemed necessary, in accordance with section 10 of said chapter 12A.
It shall be the responsibility of the attorney general to recover all monies owed to the host communities. The third party hired to conduct the initial audit may receive a pre-determined percentage of all recovered monies, not to exceed 5 per cent, with the balance being returned to the host community.
SECTION 32. The second paragraph of section 2 of chapter266 of the acts of 2002 is hereby amended by striking out the first sentence and inserting in place thereof the following
sentence: The Fall River Redevelopment Authority may develop the land for commercial,
industrial and other economic development purposes, but expressly excluding any use of the land
for landfill related purposes, without the necessity of adopting or adhering to an urban renewal
plan, as defined in section 1 of chapter 121B of the General Laws, and with respect to the land the
Fall River Redevelopment Authority shall enjoy the statutory authority it would possess for land
and structures and other property within an urban renewal project as defined by section 1 of said
chapter 121B.
SECTION 33. Section 7 of said chapter 266 is hereby repealed.
SECTION 34. (a) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance in consultation with department of conservation and recreation, shall execute and deliver in recordable form to the Fall River Redevelopment Authority an amendment to the release deed dated January 22, 2009 and recorded in book 07124, page 95 in the Bristol County Fall River district registry of deeds which shall incorporate the changes to chapter 266 of the acts of 2002 in section 32 and section 33 of this act.
(b) The division of capital asset management and maintenance shall execute and deliver a release or termination of any other documentation which reflects a restriction in section 2 of said chapter 266 prior to the effective date of this section. Such restrictions shall be fully released from the subject property. The division of capital asset management and maintenance shall execute any other documentation reasonably requested by the Fall River Redevelopment Authority or any successor or assignee to effectuate said chapter 266, as amended by sections 32, 33 and 34.
SECTION 35. The eleventh paragraph of section eighty-one of chapter one hundred forty-six of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words “pumping equipment” the following:-
, vacuum and pneumatic systems, oil and petroleum products, ice making machinery, air conditioning equipment, and piping systems used for the conveyance and storage of liquids and industrial type gases used in processes, including, but not limited to, biopharama and semi-conductor manufacturing,
SECTION 36. Section eighty-nine of said chapter one hundred forty-six is hereby further amended by inserting at the end thereof the following:
Whoever prevents or attempts to prevent any inspector from entering on any premises in the discharge of his duty with respect to section eight-one shall be punished by a fine of not less than two hundred and fifty dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.
Any person who permits an unlicensed person to operate engage in pipefitting, as defined in section eighty-one, shall be subject to a fine of not less than one thousand dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.
SECTION 37. Section 6A of chapter 18B of the General Laws, as most recently amended by chapter 176 of the acts of 2008, is hereby amended by striking the first full paragraph and inserting in place thereof the following paragraph:-
The commissioner shall appoint a foster care review director who shall establish an independent foster care review unit, hereinafter in this section referred to as the unit, within the department. Said director shall appoint, subject to the approval of the commissioner, the members of the unit who shall be employees of the department, shall devote their time exclusively to case reviews, and shall convene and conduct administrative case reviews of the status of each child in the care of the department, including young adults who remain under the responsibility of the Department pursuant to G.L. c. 119, § 23(f), at least once every six months. Such reviews shall be performed by panels consisting of one member of the unit and two other persons, at least one of whom shall not be an employee of the department and represent to the maximum extent feasible the various socio-economic, racial and ethnic groups served by the panel. No panel member shall be the social worker with direct case responsibility for the child or young adult whose case is being reviewed or the immediate supervisor of said social worker. Such reviews shall be held at convenient locations throughout the commonwealth and shall be chaired by the member of the panel from the unit. Panel members shall have sufficient experience or training to enable them to make recommendations.
SECTION 38. Section 6A of chapter 18B is further amended by adding at the end of the second paragraph after the word “agent” the following:-
, or live permanently with kin or another permanent planned living arrangement.
SECTION 39. Section 23(f) of chapter 119 of the General Laws, as most recently amended by chapter 176 of the acts of 2008, is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-
The department shall offer to continue and may continue its responsibility to any person who has attained the age of 18 and is under 22 years of age including but not limited to those persons who meet one of the criteria set forth in 42 USC § 675(8)(B)(iv): (i) for the purposes of specific educational or rehabilitative programs, or (ii) to promote and support that person in fully developing and fulfilling that person's potential to be a participating citizen of the commonwealth under conditions agreed upon by both the department and that person; provided however, the department’s continued responsibility for such persons is contingent upon the express written consent of the person. The purposes and conditions of such responsibility may be reviewed and revised or terminated by either the person or the department, however within 90 days prior to the termination of such responsibility the department will provide the person with assistance and support in developing a transition plan which fulfills the requirements of 42 USC § 675(5)(H). If, after termination, the person requests that the department renew its responsibility therefore, the department shall make every reasonable attempt to provide a program of support which is acceptable to the person and which permits the department to renew its responsibility, but may require the person to meet one of the criteria set forth in 42 USC, § 675(8)(B)(iv). If the department renews its responsibility all other provisions of this subsection shall apply.
The department shall report annually to the child advocate, chairs of the joint committee on children, families and persons with disabilities and the senate and house committees on ways and means on the numbers of persons it serves and declines to serve under this subsection.
SECTION 40. Section 29 of chapter 119 of the General Laws, as most recently amended by chapter 176 of the acts of 2008, is hereby amended by adding after the first full paragraph the following:-
A child who is appointed counsel under this section and who remains under the responsibility of the department pursuant to section 23(f) of chapter 119 shall continue to be entitled to counsel up to the age of 22 for the purpose of representation at hearings held under section 29B of chapter 119.
SECTION 41. Section 29B of chapter 119 of the General Laws, as most recently amended by chapter 176 of the acts of 2008, is hereby amended by adding after the first full paragraph the following:-
The committing court shall continue to hold annual permanency hearings for any young adult between the ages of 18 and 22 who remain under the responsibility of the department pursuant to section 23(f) of chapter 119. Such young adult shall be entitled to counsel as set forth in Section 29 of chapter 119.
SECTION 42. Section 29B of chapter 119 is further amended by adding at the end of the second paragraph the following:-
In the case of a child who has attained the age of 17 years and 9 months, the permanency plan shall also address the status of and the topics of the transition plan required under 42 USC § 675(5)(H) ; and provided further, the court shall retain jurisdiction until it finds, after a hearing at which the child or young adult is present unless the child or young adult chooses otherwise, that a satisfactory transition plan has been provided for the child.
SECTION 43. Section 29C of chapter 119 of the General Laws, as most recently amended by chapter 176 of the acts of 2008, is hereby amended by adding after the first full paragraph the following:-
If a young adult between the ages of 18 and 22 continues under the responsibility of the department pursuant to section 23(f) of chapter 119, the committing court shall continue to annually determine whether the department or its agent have made reasonable efforts to achieve the permanent plan approved by the court under section 29B of chapter 119.
SECTION 44. Notwithstanding any general or special law, rule or regulation to the contrary, the department of environmental protection may, concurrent with review pursuant to sections 61 through 62H, inclusive, of chapter 30 of the General Laws and concurrently with any other state or municipal review and approval process, proceed with review of a Chapter 91 application that is filed with, and determined to be sufficient by, the department for the purpose of licensing the construction of a building at the parcel of land in the North Point section of the city of Cambridge containing approximately 55,000 square feet of land, located southeasterly of Industrial Park Road (a.k.a. Education Street) and northeasterly of the extension of North Point Boulevard and which is a portion of the land more particularly described as Parcel No. 2-16, Parcel No. 2-17, and Parcel No. 2-18, shown on a plan of land entitled "The Commonwealth of Massachusetts Plan of Road In The City of Cambridge Middlesex County Altered And Laid Out As A State Highway By The Department Of Highways", dated July 2, 1997 and signed by the Department of Highways, which plan is recorded with the Middlesex South Registry of Deeds as plan number 683 of 1997 in Book 27452, Page 537 together with related public open space improvements on land adjacent to said parcel; provided that prior to issuance of a final license, the applicant must provide to the department certification of municipal zoning compliance and a secretary’s certificate stating that the project adequately and properly complies with M.G.L. c. 30, §§ 61 through 62H.
SECTION 45. Further, notwithstanding sections 40E to 40J inclusive of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, on behalf of, and in consultation with the commissioner of the department of conservation and recreation and the secretary of the department of transportation, is authorized (i) to grant, on land adjacent to said parcel, and used or intended to be used for park or open space purposes, temporary or permanent rights appurtenant to the parcel for construction, maintenance, repair and replacement of pavement, landscaping, lighting, benches, and other public open space improvements, all subject to the approval of the department of conservation and recreation, and which may also include seating and service areas for a facility, or facilities, that are open to the public and (ii) to enter into an easement, deed restriction, covenant or other comparable legal instrument enforceable by the city of Cambridge dedicating land adjacent to said parcel as public open space and allowing such land to be included with the parcel as a single development parcel under the zoning ordinance of the city of Cambridge, as it may be amended from time to time. The department of conservation and recreation is further authorized to grant permanent rights appurtenant to the parcel for non-exclusive pedestrian access and egress to and from the parcel over land held by the department of conservation and recreation that is located between the parcel and the extension of North Point Boulevard.
SECTION 47. Notwithstanding any general or special law to the contrary, the second paragraph of chapter 7 of the resolves of 2008 is hereby amended by striking out the words “the last Wednesday of June 2009” and inserting in place thereof the following words:- June 30, 2012.
SECTION 48. Sections 37 through 43 inclusive shall take effect on October 1, 2010.