HOUSE DOCKET, NO. 4224        FILED ON: 4/16/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4049

The Commonwealth of Massachusetts

_________________

April 16, 2014

To the Honorable Senate and House of Representatives,

I am filing for your consideration a bill entitled “An Act Making Appropriations for the Fiscal Year 2014 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.”

The legislation I am filing includes supplemental funding requests of $161.7 million to fund obligations.

The legislation includes $20 million for opiate abuse treatment and prevention, consistent with my March 27th declaration of a public health emergency.  It also includes $1 million for corrections officer training at the Department of Corrections in response to concerns raised about the treatment of mentally ill inmates in state prisons. 

In addition, the legislation includes funding for the following:

•$50 million for the Group Insurance Commission, the insurance broker for the Commonwealth’s employees to fund higher than anticipated utilization costs

•$34.1 million for private counsel compensation required by the Committee on Public Counsel Services

•$27.6 million for reimbursements to school districts for charter school costs

•$11.3 million for the operation of the Fernald Developmental Center

•$10.4 million for services provided by the Department of Children and Families, which is experiencing increased demand for family supports

•$6.1 million for family emergency shelter services. Even with the program reforms my Administration has implemented, the state continues to see historic levels of demand for emergency housing services. $400,000 of this funding will support 400 new family congregate shelter beds in FY14 to further reduce the number of families living in motels.

Many of the above fiscal year 2014 items are quite time-sensitive.  Some require supplemental funding before May 15th.  Accordingly, I especially request their prompt enactment. 

This legislation also includes some budget-related and other technical language changes, including the following:

•Addressing end-of-year cash flow at the Health Connector caused by the delay of 2014 unemployment insurance bills being issued and the continued operation of the Commonwealth Care program

•Extending the 2013 Boston Marathon Reserve to support security costs at this year’s marathon and future marathons

•Allowing the Commonwealth to enter into power-purchase agreements with private developers, to bolster our renewable energy portfolio

Sufficient revenues are estimated to be available to finance these appropriations.  I urge your prompt and favorable consideration of this bill.

Respectfully submitted,

Deval L. Patrick,

Governor

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4049

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Fourteen

_______________

An Act making appropriations for the fiscal year 2014 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 2014, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. 

SECTION 2.

JUDICIARY

Committee for Public Counsel Services

0321-1510……………………………………………………………………$34,128,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Group Insurance Commission

1108-5200…………………………………………………………………$50,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Veterans Services

1410-0400……………………………………………………………………$526,380

Department of Public Health

4512-0200…………………………………………………………………$20,000,000

Department of Children and Families

4800-0038…………………………………………………………………$4,000,000

4800-0041…………………………………………………………………$6,400,000

Department of Developmental Services

5930-1000…………………………………………………………………$11,318,251

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-0101…………………………………………………………………$1,942,866

7004-0103…………………………………………………………………$4,253,765

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education

7061-9010…………………………………………………………………$27,595,074

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001…………………………………………………………………$515,000

Department of Correction

8900-0001…………………………………………………………………$1,000,000

Technical Changes to Department of Mental Health Boards

SECTION 3.  (A) Section 8A of chapter 19 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The governor shall appoint a board of trustees for each of Taunton state hospital and the Worcester Recovery Center and Hospital.

(B)Section 14 of said chapter 19, as so appearing, is hereby amended by striking out the word “fifteen”, in line 4, and inserting in place thereof the following words:- not fewer than 15.

Power-Purchase Agreements for State Property

SECTION 4.  Section 11C of chapter 25A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

(e)(1)Notwithstanding section 137 of chapter 164, and consistent with this section and sections 30 and 31 of chapter 7C, the commissioner of capital asset management and maintenance may, in cooperation with a state agency or building authority, develop requests for proposals for power-purchase agreements or net metering agreements involving use of commonwealth real property.

(2)A state agency may develop requests for proposals for power-purchase agreements or net metering agreements, only consistent with section 11C and this subsection (e) and only with the approval of the commissioner of capital asset management and maintenance, who shall give her approval in writing to the authorized state agency.  The division of capital asset management and maintenance may contract for power-purchase agreements or net metering agreements jointly with the authorized state agency, if the commissioner of capital asset management and maintenance finds the arrangement necessary and appropriate.

(3)The commissioner of capital asset management and maintenance and the using agency may award contracts for power-purchase agreements or net metering agreements to the proposer whose proposal provides the best value for the commonwealth.  For the purposes of this section, a determination of best value may include price per unit of power, total energy output, the quality of the proposal and the entity submitting a proposal, including but not limited to any subcontractors and consultants used by the entity submitting a proposal, and other factors to be determined by the commissioner of capital asset management and maintenance, which shall be set forth in the request for proposals.

(4)Notwithstanding sections 33 through 36, inclusive, of chapter 7C or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the authorized state agency, may lease one or more parcels of land owned by the commonwealth, other than land subject to Article 49, as appearing in Article 97, of the Amendments to the Constitution, for a term, including extensions, not to exceed 20 years, in connection with a power-purchase agreement or net metering agreement under this subsection.  The commissioner of capital asset management and maintenance shall determine the exact boundaries of the property so leased after completion of a survey.   Each lease shall be subject to terms and conditions that the commissioner of capital asset management and maintenance may prescribe in consultation with the appropriate state agency.    In connection with any lease authorized by this section, the commissioner of capital asset management and maintenance may grant rights of way or easements for access, egress and utilities across commonwealth property contiguous to the leased premises, but those rights of way or easements shall expire upon the expiration or termination of the lease. 

Balancing Incentive Program Trust Fund

SECTION 5.  Chapter 10 of the General Laws is hereby amended by inserting after section 35YY the following section:-

Section 35ZZ.  There shall be established upon the books of the commonwealth a separate fund to be known as the Community First Trust Fund.  The secretary of health and human shall be the trustee of the fund and may expend monies in the fund, without further appropriation, for the administration of the Community First program to improve the quality and increase the offerings of home and community based services as long-term care alternatives to nursing homes.  There shall be credited to the fund an amount equal to the increase in revenues from federal reimbursements resulting from the increased percentage points attributable to the commonwealth’s being a Balancing Incentive Payment State under Section 10202 of the Patient Protection and Affordable Care Act.  There shall be credited to the fund an amount equal to revenues from federal financial participation earned on any qualifying expenditures sourced from the Community First Trust Fund.  The secretary of health and human services may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts, but no expenditure shall be made from the fund which will cause the fund to be in deficit at the close of a fiscal year.  Any remaining balance in the fund at the end of a fiscal year shall not revert to the General Fund but shall remain in the fund and be available to the secretary during the following fiscal year for the purposes of this section.  The secretary of health and human may expend from the fund for services provided in prior fiscal years.                           

Continuing FY14 Appropriations

SECTION 6.  (A) (Health Care Cost Containment Reserve) Item 1599-2004 of section 2A of chapter 9 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015. 

(B)(Hinton Reserve) Item 1599-0054 of section 2A of chapter 3 of the acts of 2013 is hereby amended by adding the following words:- ; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

(C)(Marathon Reserve) Item 1599-0117 of section 2A of chapter 5 of the acts of 2013 is hereby amended by adding the following words:- ; provided further, that funds from this item may be expended for the purpose of marathon preparation, security and safety for the 2014 Boston Marathon and future marathons; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

(D)(Boston Marathon Home Modifications) Item 1599-0415 of section 2A of chapter 36 of the acts of 2013 is hereby amended by adding the following words:- ; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

(E)(Summer Jobs)  Item 7002-0012 of section 2 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(F)(ELL in Gateway) Item 7009-6400 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(G)(Advanced Placement) Item 7035-0035 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(H)(Assessment Exam) Item 7061-9404 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(I)(Targeted Intervention) Item 7061-9408 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(J)(Extended Learning) Item 7061-9412 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(K)(After School Programs) Item 7061-9611 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(L)(Franklin Institute) Item 7061-9619 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(M)(Bridges to College) Item 7066-0040 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(N)(Stem Starter) Item 7066-0036 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(O)(Inclusive Enrollment Programs) Item 7009-9600 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(P)(English Language Professional Development) Item 7027-1004 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(Q)(Teacher Content) Item 7061-9804 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

(R)(Performance Management) Item 7066-0025 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

Department of Children and Families Transferability

SECTION 7.  Item 4800-0015 of section 2 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “; provided further, that the commissioner may transfer funds between items 4800-0038, 4800-0040 and 4800-0041 for services only, as necessary, under an allocation plan, which shall detail, by object class, the distribution of the funds to be transferred and no transfers shall be made for administrative costs” and inserting in place thereof the following words: - ; provided further, that the commissioner may transfer funds among items 4800-0038, 4800-0040, 4800-0041, and 4800-0015; provided further, that the commissioner may transfer funds from items 4800-0038, 4800-0040, 4800-0041 and 4800-0015 to item 4800-1100

Effective Date Correction

SECTION 8.  Section 215 of chapter 38 of the acts of 2013 is hereby amended by striking out the figure “175” and inserting in place thereof the following figure:- 173.

Validate Middlesex Sheriff Collective Bargaining Agreement

SECTION 9.  The salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex Sheriff and Teamsters Local 122 shall be effective for the purpose of section 7 of chapter 150E of the General Laws.

Commonwealth Care Trust Fund

SECTION 10.  (a) Upon certification by the executive office for administration and finance, an amount of not more than $65,000,000 equal to federal financial participation funds received shall be deposited in the Commonwealth Care Trust Fund.  To accommodate the timing of federal revenue receipts after June 30, amounts that would be collected during the fiscal year 2014 accounts receivable period shall be deposited in the fund on a projected basis on June 15.  

(b)The Commonwealth Care Trust Fund need not be in balance at the close of fiscal year 2014, but shall be in balance at the close of fiscal year 2015.

Transfer Hinton Labs Facility and Certain Employees to DCAMM

SECTION 11.  (a) Notwithstanding chapter 334 of the acts of 1996 or any other general or special law to the contrary, the University of Massachusetts Medical School may enter into a written agreement with the division of capital asset management and maintenance and the department of public health to transfer control and use of the William A. Hinton state laboratory institute located in the Jamaica Plain section of the city of Boston to the division of capital asset management and maintenance.  After the effective date of that transfer, the division may assign the use of space within and around the property to 1 or more state agencies and may make expenditures and perform maintenance for the property that it considers reasonable and appropriate.  

(b)Employees of the University of Massachusetts Medical School engaged in the maintenance and security of the facility known as the William A. Hinton state laboratory institute located in the Jamaica Plain section of the city of Boston shall be transferred to the division of capital asset management and maintenance.  The personnel administrator of the commonwealth, in consultation with the division of capital asset management and maintenance, shall complete a study of job titles of the former University of Massachusetts Medical School employees at the facility.  The personnel administrator, in consultation with the division, shall determine the appropriate commonwealth job titles for former employees of the University of Massachusetts Medical School transferred to the division.  Employees transferred to the division shall be placed in job titles as determined by the personnel administrator, and shall be paid wages and receive benefits consistent with the collective bargaining agreement governing those job titles.  Such a transfer shall not impair the civil service status of any such transferred employee who immediately before the effective date of that transfer either held a permanent appointment in a position classified under chapter 31 of the General Laws or had tenure in a position by reason of section 9A of section 9A of chapter 30 of the General Laws.