Bill H.3707

FILED ON: 10/16/2013

HOUSE . . . . . . . . . . . . . . . No. 3707

House bill No. 3700, as changed by the committee on Bills in the Third Reading, and as amended and passed to be engrossed by the House. October 16, 2013.

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act making appropriations for the fiscal year 2013 to provide for supplementing certain existing appropriations and for certain other activities and projects.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make supplemental appropriations for fiscal year 2013, and to make other changes in law, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2013, 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, 2013. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2014.

SECTION 2.

DISTRICT ATTORNEYS

Worcester District Attorney.

0340-0498………………………………………………………………………..$25,000

Berkshire District Attorney.

0340-1198………………………………..……………………………………..$65,535

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Revenue.

1232-0100……………………………………………………………..$2,254,260

Human Resources Division.

1750-0300…………………………………………………………………..$60,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services.

4000-0265...................................................................... $3,000,000

Department of Public Health.

4516-1000......................................................................... $285,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Career Services.

7003-1206......................................................................... $400,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development.

7004-0103........................................................................ $13,000,000

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education.

7027-1004...................................................................................$540,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Executive Office of Public Safety.

8000-0600....................................................................................$81,517

Department of State Police.

8100-1001…………………………………………………….$40,000

Department of Fire Services.

8324-0000.......................................................................................$100,000

Military Division.

8700-1150........................................................................................$2,600,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sum set forth in this section is 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, 2013. This sum shall be in addition to any amounts previously appropriated and made available for the purposes of this item. These sums shall be made available until June 30, 2014.

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development.

7003-0808 For the operation of the Massachusetts Workforce Professional Association……………………………………….………………………...………..…$75,000

Workforce Training Fund……...100%

7004-1000………………For the federal Low Income Home Energy Assistance Program 42 U.S.C. section 8621 et seq., to assist low-income elders, working families and other households with the purchase of heating oil, propane, natural gas, electricity and other primary or secondary heating sources; provided, that expenditure of these funds shall be made in accordance with the state plan submitted by the department of housing and community development for operation of the fiscal year 2014 program, in accordance with federal law; provided further, that the department shall establish the maximum assistance for which a household shall be eligible commensurate with the increased funding provided in this item............................................................................................................................$20,000,000

SECTION 2C.I. For the purpose of making available in fiscal year 2014 balances of appropriations which otherwise would revert on June 30, 2013, 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 2013. The unexpended balances of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 2013 or section 2A of chapter 194 of the acts of 2011. For items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of the general appropriation act; provided, however, that for items which do not appear in 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 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.

SECRETARY OF THE COMMONWEALTH

Office of the Secretary of the Commonwealth.

0521-0000...........................................................................................$8,128,528

OFFICE OF THE INSPECTOR GENERAL

0910-0200.................................................................................................$400,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance.

1106-0064........................................................................................................$111,000

Reserves.

1599-0026........................................................................................$1,060,000

1599-0087............................................................................................$47,000

1599-0090........................................................................................$1,207,450

1599-0093...........................................................................................$225,186

1599-0117...........................................................................................$2,395,754

1599-1705.............................................................................................$589,328

1599-2004.............................................................................................$695,000

1599-2013.............................................................................................$100,000

1599-3384..........................................................................................$3,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation.

2810-0100................................................................................................$350,000

EXECUTIVE OFFICE OF EDUCATION

Department of Early Education and Care.

3000-1000.....................................................................................$85,000

3000-7000........................................................................................$99,842

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services.

4000-0300........................................................................................................$300,000

4000-0700..........................................................................................................$16,062,000

Department of Transitional Assistance.

4400-1000................................................................................................$1,300,000

4400-1100.................................................................................................$800,000

Department of Public Health.

4516-1010.....................................................................................................$1,000,000

4590-0915.......................................................................................................$221,000

Department of Children and Families.

4800-0015............................................................................................................$617,691

4800-0038..........................................................................................................$1,800,000

4800-0041.......................................................................................................$2,000,000

Department of Mental Health.

5046-0000...........................................................................................................$1,000,000

5095-0015............................................................................................................$2,500,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development.

7004-0099...........................................................................................................$150,000

7004-0102........................................................................................................$145,387

Massachusetts Marketing Partnership.

7008-0900..........................................................................................................$575,000

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education.

7053-1925..........................................................................................................$400,912

Department of Higher Education.

7066-0025........................................................................................................$1,240,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

State Police Crime Laboratory.

8000-0106………….......................................................................................$702,400

Department of State Police.

8100-1001……………...................................................................................$100,000

Department of Fire Services.

8324-0000......................................................................................................$50,000

Military Division.

8700-0001........................................................................................................$100,000

Parole Board.

8950-0001.............................................................................................$387,991

SHERIFFS

Worcester Sheriff’s Office.

8910-0106…………......................................................................................$50,000

SECTION 2C.II. For the purpose of making available in fiscal year 2014 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2013, 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 2013. For items which do not appear in 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, for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A or 2B of this act or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for those purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Division of Human Resources.

1750-0102.............................................................................................$220,000

1750-0601........................................................................................$150,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Chief Medical Examiner.

8000-0122.....................................................................................$250,000

SECTION 2E. The sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust funds named within each item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. Items in this section shall not be subject to allotment pursuant to section 9B of chapter 29 of the General Laws or reduction pursuant to section 9C of said chapter 29, without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2014. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means. These sums shall be made available until June 30, 2014.

TRANSPORTATION

Massachusetts Department of Transportation.

1595-6368........................................................................................$1,496,215

Commonwealth Transportation Fund....................100%

SECTION 3. The fourth sentence of section 41 of chapter 19A of the General Laws, inserted by section 32 of chapter 38 of the acts of 2013, is hereby amended by inserting after the word “that” the following word:- no.

SECTION 4. Section 60B of chapter 29 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 51, the words “September 10” and inserting in place thereof the following words: - December 15.

SECTION 5. The definition of “System” in section 1 of chapter 32 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- For the purpose of investing in the Pension Reserve Investment Trust Fund established by subdivision (8) of section 22, the Massachusetts State College Building Authority shall be a system.

SECTION 6. Chapter 119 of the General Laws is hereby amended by striking out section 39I, as so appearing, and inserting in place thereof the following section:-

Section 39I. A child, parent, legal guardian or custodian may appeal from any order or determination, final or non-final, made pursuant to sections 39E to 39H, inclusive. Pending the appeal, the juvenile court shall retain jurisdiction and may enter any order pursuant to this chapter to meet the needs of the child. Notwithstanding any general or special law to the contrary, the appeal shall be to the single justice of the appeals court pursuant section 118 of chapter 231 and shall proceed in accordance with the procedures governing petitions to a single justice.

SECTION 7. Chapter 151A of the General Laws is hereby amended by inserting after section 38 the following section:-

Section 38A. (a) If the commissioner, or the commissioner’s authorized representative, determines that a payment of benefits was made because the employing unit, or an agent of the employing unit, was at fault for failing to respond timely or adequately to any request of the department for information relating to the claim for benefits, then the employing unit, except for employing units making payments into the Unemployment Compensation Fund pursuant to section 14A, shall not be relieved of charges on account of any such payment of benefits; provided, however, if the employing unit makes payments into the Unemployment Compensation Fund pursuant to section 14A, it shall not be relieved from reimbursing the Fund on account of any such payment of benefits. For purposes of this subsection, a response shall be considered inadequate if it fails to provide sufficient facts to enable the department to make the correct determination regarding a claim for benefits. A response shall not be considered inadequate if the department failed to ask for all necessary information, except in any case where there has been a failure to respond.

(b) The commissioner shall adopt regulations implementing this section, including, but not limited to, the duration of the prohibition against relieving employing units from charges or reimbursements; provided, however, that the prohibition shall continue, at a minimum, until the department: (i) determines that any individual receiving a payment of benefits because the employing unit, or an agent of the employing unit, was at fault, within the meaning of subsection (a), is no longer eligible for benefits, and; (ii) stops paying benefits to the individual.

(c) A determination that an employing unit, or an agent of an employing unit, is at fault for failing to respond timely or adequately to a request of the department relating to a claim for benefits may be appealed pursuant to sections 39, 40, 41, and 42; provided, however, the remedy is not subject to appeal.

SECTION 8. Section 69 of said chapter 151A, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 23 and 24, the word “judgment” and inserting in place thereof, in each instance, the following word:- discretion.

SECTION 9. Said section 69 of said chapter 151A, as so appearing, is hereby further amended by adding the following subsection:-

(e) At the time the department determines that an erroneous payment from the Unemployment Compensation Fund was made to an individual due to the individual’s misrepresentation of a material fact or failure to disclose a material fact that the individual knew, or reasonably should have known, was material, the individual shall be assessed a penalty in the amount of 15 per cent of the amount of the erroneous payment. Except as provided in subsection (b), recovery of this penalty shall not be waived. Any appeal of the penalty under subsection (c) shall be limited to whether the amount on which the penalty was assessed is correct. All assessments paid pursuant to this subsection shall be deposited immediately in the Unemployment Compensation Fund.

SECTION 10. Section 3 of chapter 203A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- An account of the administration of each common trust fund shall be prepared annually, shall be audited by an independent certified public accountant. A copy of the account and of the audit report thereon shall be made available free of charge to any interested party upon written request.

SECTION 11. Chapter 108 of the acts of 2006 is hereby repealed.

SECTION 12. The last sentence of the last paragraph of section 178 of chapter 131 of the acts of 2010, as appearing in section 145 of chapter 139 of the acts of 2012, is hereby amended by striking out the words “October 1, 2012” and inserting in place thereof the following words:- December 31, 2013.

SECTION 13. The last sentence of section 94 of chapter 142 of the acts of 2011, as appearing in section 23 of chapter 239 of the acts of 2012, is hereby amended by striking out the figure "2013" and inserting in place thereof the following figure:- 2014.

SECTION 14. Item 7004-0099 of section 2 of chapter 139 of the acts of 2012 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for a one-time community action grant in the town of Holbrook as set forth in section 69 of chapter 36 of the acts of 2013 shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes set forth in said section 69.

SECTION 15. Subsection (a) of section 155 of chapter 139 of the acts of 2012, as appearing in section 145 of chapter 38 of the acts of 2013, is hereby amended by striking out the words “and (vii)” and inserting in place thereof the following words:- (vii) $21,800,000 to the secretary of administration and finance, for transfer to appropriate accounts for information technology operating expenses; and (viii).

SECTION 15A. The last sentence of section 206 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “2013” and inserting in place thereof the following figure:- 2014.

SECTION 16. The last sentence of section 131 of chapter 165 of the acts of 2012 is hereby amended by striking out the word “July” and inserting in place thereof the following word:- December.

SECTION 17. Chapter 262 of the acts of 2012 is hereby amended by striking out section 10 and inserting in place thereof the following section:-

Section 10. Regulations promulgated pursuant to section 1 shall be completed by January 1, 2014. Rules, regulations, ordinances or bylaws promulgated pursuant to section 9 shall be completed by the later of: (i) December 31, 2014, or (ii) within 1 year of the effective date of regulations promulgated pursuant to section 1.

SECTION 18. Item 1599-0087 in section 2A of chapter 36 of the acts of 2013 is hereby amended by adding the following words:- ; provided, that any unexpended funds in this item shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this item.

SECTION 19. Item 1599-0090 in said section 2A of said chapter 36 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 expenditure until June 30, 2014 for the purposes as set forth in this item.

SECTION 20. Item 8910-0106 in said section 2A of said chapter 36 is hereby amended by adding the following words:- ; provided, that any unexpended funds in this item shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this item.

SECTION 21. Section 37 of said chapter 36 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for said aquatic invasive species control shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this section.

SECTION 22. Section 42 of said chapter 36 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for the city of Boston’s public health department for emergency preparedness and ambulance services at public events shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this section.

SECTION 23. Section 44 of said chapter 36 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for the Friends of the Homeless, Inc. in the city of Springfield shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this section.

SECTION 24. Section 46 of said chapter 36 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for the followingshall not revert and shall be made available for expenditure until June 30, 2014 for the4 purposes as set forth in this section : (i) Massachusetts International Festival of the Arts for the planned renovations and reopening of the Victory Theatre in the city of Holyoke, including construction consulting, business planning and architecture and engineering costs; (ii) Wareham Summer of Celebration Organization, Incorporated for the town of Wareham’s two hundredth anniversary of the attack on Wareham harbor by the British sloop HMS Nimrod and the 275th anniversary of the incorporation of the town of Wareham; (iii) the New Bedford Whaling Museum, in cooperation with the city of New Bedford, for the visit of the whaling ship Charles W. Morgan to the city of New Bedford in June 2014; (iv) Frederick Douglas House in the city of New Bedford for educational services, interpretative and museum services, programs and acquisitions and to undertake tourism and marketing activities; (v) accessibility at the Arc of Greater Plymouth, Inc.; and (vi) Greater Plymouth Performing Arts Center, Inc.

SECTION 25. Section 50 of said chapter 36 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for the purposes of enhancing the state police presence in the city of Springfield shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this section.

SECTION 26. Section 52 of said chapter 36 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds for conceptual planning and development for fire safety improvements in the town of Dudley shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this section.

SECTION 27. Section 77 of said chapter 36 is hereby amended by adding the following words:- ; provided that any unexpended funds for extraordinary election costs incurred by the town of Northampton due to the November 6, 2012 election shall not revert and shall be made available for expenditure until June 30, 2014 for the purposes as set forth in this section.

SECTION 27A. Section 79 of said chapter 36 is hereby amended by adding the following subsection:-

(d) Any unexpended funds transferred under subsection (a) for the uniform college and career readiness pilot program shall not revert and shall be made available for the purposes of subsection (b) until June 30, 2014.

SECTION 27B. Item 2511-0100 of section 2 of chapter 38 of the acts of 2013 is hereby amended by inserting after the words “commissions and committees chaired by the department” the following:- provided further, that the department of agricultural resources shall provide an updated cost estimate of the groundwater herbicide monitoring program study.

SECTION 28. Item 4000-0500 of section 2 of chapter 38 of the acts of 2013 is hereby amended by adding the following:-

“provided further, that MassHealth shall implement all Current Procedural Terminology evaluation and management codes for behavioral health services in accordance with new Current Procedural Terminology as most recently adopted by the American Medical Association and Centers for Medicare and Medicaid Services ; provided further that if a code is covered and paid on the medical surgical benefit then the code shall reimburse providers the same rate as provided in non-facility settings on the behavioral health and substance abuse benefit; provided further, that any integrated care organization, managed care entity or behavioral health carve out entity that manages behavioral health services on behalf of the commonwealth shall implement all Current Procedural Terminology evaluation and management codes for behavioral health services in accordance with new Current Procedural Terminology as most recently adopted by the American Medical Association and Centers for Medicare and Medicaid Services; provided further, that if a code is covered and paid on the medical surgical benefit then the code shall reimburse providers the same rate as provided in non-facility settings on the behavioral health and substance abuse benefit; provided further, that the codes shall be available and paid in the same manner and value for psychiatric services as for any other medical or surgical service and be required to pay, at a minimum, the MassHealth rates of payment for all evaluation and management psychiatric services; provided further, that MassHealth shall review and adjust all Relative Value Units in the same manner as Relative Value Units paid on the medical surgical benefit; and provided further, that MassHealth shall review and adjust all rates of payment for mental health services provided in community health centers and mental health centers by January 1, 2014”

SECTION 29. Item 4000-0700 in said section 2 of said chapter of 38 is hereby amended by striking out the words “provided further, that $23,000,000 shall be expended from this item, or item 4000-0500 if necessary, to achieve maximum federal financial participation, to enhance the ability of hospitals and community health centers to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers” and inserting in place thereof the following words:- “provided further, that not less than $23,000,000 shall be expended for fiscal year 2014 from this item, or item 4000-0500 if necessary, to achieve maximum federal financial participation, to enhance the ability of hospitals and community health centers to serve populations in need more efficiently and effectively; provided further, that not more than $14,500,000 shall be expended for the purposes of the fiscal year 2013 funding solicitation; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers.”

SECTION 30. Item 7003-1206 of said section 2 of said chapter 38 is hereby amended by striking out the words: “provided further, that not less than $300,000 shall be expended for the Urban League of Springfield, Inc.;” and inserting in place thereof the following words:- “provided further, that not less than $400,000 shall be expended for the Urban League of Springfield, Inc.; provided further, that not less than $300,000 shall be expended for the Urban League of Eastern Massachusetts, Inc.;”

SECTION 31. Item 7004-0103 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; provided further, that upon written approval from the secretary of administration and finance, funds may be transferred from item 7004-0101 to item 7004-0103; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means 30 days before approving any such transfer; and provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means concurrently with the transfer if the department has identified an immediate cash run-out.

SECTION 32. Item 7061-9011 of said section 2 of said chapter 38 is hereby amended by striking out the words “and provided further, that priority shall be given to schools proposed in level 3 and 4 districts” and inserting in place thereof the following words:- provided further, that priority shall be given to schools proposed in level 3 and 4 districts; and provided further, that up to $225,000 of the funds may be expended through June 30, 2015 on innovation fellowships in sponsoring school districts that will participate in an in-depth, yearlong planning process, which shall include, but not be limited to, a comprehensive review and analysis of the department’s District Standards and Indicators, Conditions for School Effectiveness and other priorities of the department.

SECTION 33. Item 8000-0600 of said section 2 of said chapter 38 is hereby amended by inserting after the words “ reimbursements” the following words:- ; provided further, that $81,517 shall be made available for costs incurred by the town of Watertown due to the events of the Boston Marathon bombing and deemed non-reimbursable by the Federal Emergency Management Agency;

SECTION 33A. Item 8100-1001 of section 2 of chapter 38 of the acts of 2013 is hereby amended by inserting after the words “performed by state police officers” the following words:- ; provided further, that $40,000 shall be made available for the town of North Attleboro to assist with the law enforcement expenses incurred as a result of the Odin Lloyd murder investigation.

SECTION 34. Item 8315-1024 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; and provided further, that 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.

SECTION 35. Item 1595-1068 of section 2E of said chapter 38 is hereby amended by striking out the words “$312,050,000 from the Medical Assistance Trust Fund to the Cambridge public health commission for dates of service in state and federal fiscal year 2014 only after the Cambridge public health commission transfers up to $156,025,000 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of such payment” and inserting in place thereof the following words:- $308,000,000 from the Medical Assistance Trust Fund to the Cambridge public health commission for dates of service in state and federal fiscal year 2014 only after the Cambridge public health commission transfers up to $154,000,000 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of such payment; and provided further, that $174,025,000 in payments made for federal fiscal year 2013 shall be made from the Medical Assistance Trust Fund, of which $28,050,000 shall be made to the Cambridge public health commission for dates of service in state and federal fiscal year 2013 only after the Cambridge public health commission transfers up to $14,025,000 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of such payment.

SECTION 36. Said item 1595-1068 of said section 2E of said chapter 38 is hereby further amended by striking out the figure “$394,000,000” and inserting in place thereof the following figure:- $568,025,000.

SECTION 37. Section 3 of said chapter 38 is hereby amended by striking out the last sentence of the third paragraph and inserting in place thereof the following:- The department of elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994. If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.

SECTION 38. Section 154 of chapter 38 of the acts of 2013 is hereby repealed.

SECTION 39. Section 166 of chapter 38 of the acts of 2013 is hereby amended by striking out subsection (a) and inserting in place thereof the following:-

(a) There shall be a special commission to make an investigation and study of the cost of administering early education and care services in the commonwealth and make recommendations to enhance said services where appropriate and necessary. The special commission shall consist of the commissioner of early education and care, who shall serve as chair; the secretary of administration and finance, or a designee; the house and senate chairs of the joint committee on education, or their designees; the house and senate chairs of the joint committee on children, families, and persons with disabilities, or their designees; the ranking minority members of the house and senate on the joint committee on education, or their designees; a member of the house of representatives appointed by the speaker of the house, a member of the senate appointed by the president of the senate; the child advocate, or a designee; the commissioner of elementary and secondary education, or a designee with experience in elementary school transition; the executive director of the Massachusetts Head Start Association, or a designee; a representative of the Massachusetts Early Education and Care Association; the commissioner of transitional assistance, or a designee; the commissioner of children and families, or a designee; and 3 members appointed by the governor, 1 of whom shall be a provider of early education and care, and 1 of whom shall be a social worker with experience in serving families with children; a representative of the Massachusetts Teachers Association; and a representative of the American Federation of Teachers-Massachusetts.

SECTION 40. Section 211 of said chapter 38 is hereby amended by adding the following subsection:-

(d) If federal financial participation shall be unavailable to provide additional payment under subsection (b), the office of Medicaid shall expend not more than $6,153,884.50, subject to sufficient funds received under an interagency agreement under this section, on the additional payment under said subsection (b); provided, however, that the interagency agreement under subsection (a) shall be reduced by $6,153,884.50.

SECTION 41. (a) Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws, section 20 of chapter 304 of the acts of 2008, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey a certain parcel of land with the buildings thereon located at 2 Main street in the city of Worcester to the city of Worcester.

(b) As consideration for the conveyance described in subsection (a), the city of Worcester shall pay the commonwealth $1 at the time of the conveyance. Upon any subsequent sale or lease of the property or any portion thereof by the city of Worcester, the city shall pay half of the net proceeds of any the sale or lease to the commonwealth.

(c) The city of Worcester shall bear all costs that the commissioner finds necessary or appropriate for the transaction authorized by this section, including, without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

SECTION 42. (a) Notwithstanding sections 6 and 7 of chapter 53 of the General Laws, sections 86 and 95 of chapter 54 of the General Laws or any other general or special law to the contrary, the state secretary may add or change any dates relating to functions appurtenant to the special primaries or the election for representative in the Congress of the United States in the Fifth Congressional District, writs having been issued by the governor for December 10, 2013, as the secretary deems necessary for the orderly administration of the primaries or election by providing notice of any such change with the regulations division, by posting on the secretary’s website and by whatever other means the secretary deems appropriate.

(b) Notwithstanding any general or special law to the contrary, the full election calendar shall be as follows: (i) the last day for a person running in the state primary to enroll in a party or for a person running only in the state election to unenroll from a party, except for newly registered voters, shall be May 15, 2013 for party candidates and May 15, 2013 for non-party candidates; (ii) the last day and hour for submitting nomination papers to local registrars of voters or election commissioners for the certification of signatures shall be 5:00 p.m. on July 31, 2013 for party candidates and 5:00 p.m. on September 17, 2013 for non-party candidates; (iii) the certification of nomination papers shall be completed by August 12, 2013 for party candidates and September 26, 2013 for non-party candidates; (iv) the last day and hour for filing nomination papers, including enrollment certificates, with the state secretary shall be 5:00 p.m. on August 14, 2013 for party candidates and 5:00 p.m. on October 1, 2013 for non-party candidates; (v) the last day and hour for filing withdrawals of, or objections to, all nomination papers and certificates of nomination with the state secretary shall be 5:00 p.m. on August 16, 2013 for party candidates and 5:00 p.m. on October 3, 2013 for non-party candidates; (vi) the last day and hour for filling vacancies caused by withdrawals for primary candidates shall be 5:00 p.m. on August 20, 2013; (vii) the last day to register voters for the state primary shall be September 25, 2013; (viii) the state primary shall be held on Tuesday, October 15, 2013; (ix) the last day and hour for the filing of withdrawals of or objections to nominations made at the state primary and for filing written acceptances by write-in or sticker candidates who won in the state primary with the state secretary shall be 5:00 p.m. on October 21, 2013; (x) the last day and hour for filling vacancies caused by withdrawals at the state primary shall be 5:00 p.m. on October 22, 2013; (xi) the last day to register voters for the state election shall be November 20, 2013; and (xii) the state election shall be held on Tuesday, December 10, 2013 pursuant to writs issued by the governor.

SECTION 43.The secretary of public safety and security shall conduct a study on the use of active or passive fire suppression kits in state and municipal law enforcement vehicles. The study shall include, but not be limited to, the costs and benefits of installing fire suppression kits to aid in the prevention of fires resulting from rear end collisions. The secretary shall file a report on the secretary’s findings not later than March 1, 2014 with the clerks of the house of representatives and the senate who shall forward a copy of the report and recommendations to the chairs of the joint committee on public safety and homeland security.

SECTION 44. Any monies remaining in the Supplemental Reserve Fund to Ensure Fiscal Stability established in section 5 of chapter 108 of the acts of 2006 shall be transferred to the Pentucket Regional School District Middle and High School Complex Capital Fund established in section 45.

SECTION 45. Notwithstanding any general or special law to the contrary, there shall be a Pentucket Regional School District Middle and High School Complex Capital Fund into which shall be deposited all monies held in the Supplemental Reserve Fund to Ensure Fiscal Stability established in section 5 of chapter 108 of the acts of 2006 for capital expenditures for the Pentucket regional school district middle and high school complex located in the town of West Newbury. The Pentucket regional school committee shall be the custodian of the fund and may authorize disbursements from the fund for capital purposes that the committee considers appropriate to provide for the middle and high school complex. Any income derived from the investment or reinvestment of amounts held in the fund shall remain with and become part of the fund.

SECTION 46. The Pentucket regional school committee may dissolve the Pentucket Regional School District Middle and High School Complex Capital Fund and may authorize disbursements from the fund for operating purposes that the committee considers appropriate to maintain and continue regional school district operations.

SECTION 47. (a) Notwithstanding any general or special law to the contrary, the secretary of administration and finance may direct the comptroller to transfer to the General Fund any remaining balance in the Commonwealth Care Trust Fundestablished in section 2000 of chaptger 29 of the General Laws as of June 30, 2013.

(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance may expend funds from the Commonwealth Care Trust Fund in anticipation of receipt of revenue during fiscal year 2014. The secretary shall ensure that no expenditures from the fund shall cause the fund to be in deficiency at the close of the fiscal year.

SECTION 48. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purpose of section 7 of chapter 150E of the General Laws:

(a) between the commonwealth and the Massachusetts Correction Officers Federated Union, Unit 4;

(b) between the Bristol sheriff and the Bristol Correction Officers MCOFU, Unit SA4;

(d) between the Bristol sheriff and the Bristol K-9 Unit, Unit SA7;

(e) between the Franklin sheriff and the Franklin Administrative Professionals IBCO, Unit SF3;

(f) between the Franklin sheriff and the Franklin NCEU Correction Officers, Unit SF1;

(g) between the Hampshire sheriff and the Hampshire Treatment Staff Local 1459, Unit SH6;

(h) between the Hampshire sheriff and the Hampshire Non-Uniform, Unit SH7;

(i) between the Hampshire sheriff and the Hampshire Sheriff Officers Independent Association, Unit SH8;

(j) between the Hampshire sheriff and the Hampshire Correction Officers NCEU, Unit SH9;

(k) between the Suffolk sheriff and the Suffolk Jail Officers, Unit SS4;

(l) between the Plymouth sheriff and the NCEU 301, Unit SP7;

(m) between the Plymouth sheriff and the NCEU 104, Unit SP1;

(n) between the Worcester sheriff and the Worcester United Auto Workers, Unit SW5;

(o) between the Worcester sheriff and the Worcester Corrections Officers, Unit SW6; and

(p) between the alcoholic beverages control commission and the Coalition of Public Safety, Unit 5.

(q) between the Worcester sheriff and the Worcester NAGE 06 Local R1-255, Unit SW4;

(r) between the Worcester sheriff and the NEPBA Local 275, Unit SW2;

Section 49. The secretary of the executive office of health and human services shall develop a methodology for establishing capitation rates to be paid by Medicaid to Program of All-Inclusive Care for the Elderly, hereinafter referred to as PACE. The methodology shall be based on an actuarially sound determination of costs incurred for the services provided by or paid for by PACE, but in no case shall the rate be in excess of the federal upper payment limit. The capitation rates shall be reviewed annually.. The methodology shall be developed within 90 days of the passage of this act and shall be made available to PACE providers.

SECTION 50. (a) Notwithstanding the last paragraph of section 2H of chapter 29 of the General Laws or any other general or special law to the contrary, the comptroller shall include in the certification of the consolidated net surplus for fiscal year 2013 one-time settlements or judgments for the commonwealth, of which the net value to the commonwealth of the proceeds of that settlement or judgment, after all restitution or other remedial payments are made pursuant to the settlement or judgment, exceeds $10,000,000 in fiscal year 2013 and which would otherwise be transferred to the Commonwealth Stabilization Fund; provided, however, that upon certification by the comptroller that the consolidated net surplus equals $106,800,000 all other such judgments and settlements shall be disposed of pursuant to the last paragraph of said section 2H of said chapter 29.

(b) Upon compliance with subsection (a), the comptroller shall dispose of the consolidated net surplus pursuant to section 145 of chapter 38 of the acts of 2013.

SECTION 51. Notwithstanding any general or special law to the contrary, the secretary of the commonwealth shall reimburse the cities and towns of the commonwealth for extraordinary election costs due to the June 25, 2013 special election, as appropriated in item 0521-0000 of section 2C.I.

SECTION 52. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall expend not less than $3,000,000 to increase community health centers’ reimbursement for dental, behavioral health and urgent care services under Medicaid as appropriated in item 4000-0265 of section 2.

SECTION 52A. As used in sections 52A and 52B, inclusive, of this act, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

"Commissioner", the commissioner of capital asset management and maintenance.

"GDC committee", the Glavin Developmental Center Reuse Committee, which shall include 3 representatives of the town of Shrewsbury, 1 of whom shall be a member of the Shrewsbury board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Shrewsbury planning board or his designee, and 1 of whom shall be chosen by the Shrewsbury board of selectmen; 1 representative of the division of capital asset management and maintenance; and 1 representative of the department of developmental services. Such members, other than the 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.

“GDC site”, the area of state-owned land located in the town of Shrewsbury known as the Glavin Developmental Center, together with the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto.

"Plan", a reuse plan prepared by the division in consultation with the GDC committee which shall be approved by the commissioner and filed in accordance with section 2; provided, however, that the plan may be enhanced, refined or amended from time to time as provided in this section and shall include uses for department programs, uses that promote environmental preservation, open space and any other use found to be appropriate by the commissioner, town and committee.

"Selection committee", the proposal selection committee established to review proposals and make recommendations to the commissioner, which shall include 1 representative of the respective town chosen by the board of selectmen to be appointed annually; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; and 1 representative from the GDC committee.

SECTION 52B. The commissioner shall undertake planning, studies and preparation of plans and specifications necessary to carry out the provisions of this section consistent with the plan. The GDC committee shall submit their recommendations for the reuse plans with the commissioner within 180 days after the effective date of this act. The GDC committee shall hold no less than 2 public comment sessions. The commissioner shall consult with the GDC committee on any amendment to the plan and shall develop, issue and advertise requests for proposals consistent with the plan within 90 days of receipt of the plan. Upon receipt of proposals the commissioner shall convene the selection committee for the purpose of reviewing and making recommendations regarding selection to the commissioner. Shrewsbury’s governing authority shall be encouraged to submit proposals for uses consistent with the plan for some or all of the property. Should proposals from the municipalities be among those recommended to the commissioner, the commissioner shall reasonably accommodate the schedule required for town meeting votes, should said vote be required to complete or approve a proposal, prior to making any final decisions on the proposals. Any re-use must be consistent with chapter 212 of the acts 2012 of which limits some uses on the GDC site. SECTION 53. Sections 1 to 2E, inclusive, 14, 18 to 27A, inclusive, 47, and 50 to 52, inclusive, shall take effect on June 30, 2013.

SECTION 53. Sections 1 to 2E, inclusive, 14, 18 to 27A, inclusive, 47, and 50 to 52, inclusive, shall take effect on June 30, 2013.

SECTION 53A. Sections 3, 15, 27B, and 28 to 40, inclusive, shall take effect on July 1, 2013.

SECTION 53B. Section 42 shall expire on January 31, 2014.

SECTION 54. Section 46 shall take effect on July 1, 2018.

SECTION 55. (a) Notwithstanding any general or special law to the contrary, the department of housing and community development may provide not more than $20,000,000, as provided for in item 7004-1000, in advance funding to participating agencies that administer the federal Low Income Home Energy Assistance Program described in item 7004-2033 of section 2D of chapter 38 of the acts of 2013 for the purposes of operating the program in fiscal year 2014; provided, that the advanced funding shall be subject to the federal reimbursement of funds under said item 7004-2033 of said section 2D; provided further, that a portion may be expended for approved administrative costs consistent with the current or prior year’s state operation plan required by the federal program. The department and the eligible entities may, after November 1, 2013, expend a portion of these funds to assist low-income elders, working families and other households with the purchase of heating oil, propane and natural gas and electricity and other primary or secondary heating sources.

(b) Notwithstanding any general or special law to the contrary, upon receipt of $20,000,000 of federal funds for the administration of the federal Low Income Home Energy Assistance Program pursuant to item 7004-2033 of section 2D of chapter 38 of the acts of 2013 and prior to complying with the provisions of said item 7004-2033 of said section 2D, the Comptroller shall transfer such amount from the General Fund to the Stabilization Fund. Notwithstanding any general or special law to the contrary, the full expenditure of the program described by said item 7004-2033 of said section 2D of chapter 38 of the acts of 2013 shall not exceed $133,623,245 in state fiscal year 2014.