HOUSE . . . . . . . . . . . . . . . No. 4301
Message from His Excellency the Governor recommending legislation relative to making appropriations for the fiscal year 2014 to provide for supplementing certain existing appropriations and for certain other activities and projects. |
The Commonwealth of Massachusetts
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In the Year Two Thousand Fourteen
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An Act making appropriations for the fiscal year 2014 to provide for supplementing certain existing appropriations and for certain other activities and projects.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make supplemental appropriations for fiscal year 2014, and to make other changes in law, each of which is immediately needed for important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2014, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2015.
SECTION 2.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary for Administration and Finance.
1599-8900For a reserve associated with mental health treatment settings for populations served by the department of mental health and the department of corrections……………………………$10,000,000
SECTION 2C.I. For the purpose of making available in fiscal year 2015 balances of appropriations which otherwise would revert on June 30, 2014, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 38 of the acts of 2013. However, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 in prior appropriation acts. The unexpended balances of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item section 2 of chapter 38 of the acts of 2013 or section 2A of chapter 194 of the acts of 2011. The sums re-appropriated in this section shall be in addition to any amounts available for said purposes.
TREASURER AND RECEIVER GENERAL
0612-0105 ………………………………………………………….$650,000
OFFICE OF THE STATE COMPTROLLER
1599-3384 …………………………………………………………..$1,886,294
1599-0024 …………………………………………………………….$320,000
CENTER FOR HEALTH INFORMATION AND ANALYSIS
4100-0060 ………………………………………………………………….$300,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance.
1599-2013 …………………………………………………………………….$341,623
1599-1705 …………………………………………………………………….$399,034
1599-0026 ………………………………………………………………..$1,757,095
1599-7104 ……………………………………………………………..$4,000,000
1599-0027 ………………………………………………………………..$2,000,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Environmental Protection.
2200-0100 …………………………………………………………………….$970,000
Department of Fish and Game.
2330-0100 ………………………………………………………………….$124,517
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Office of the Secretary of Housing and Economic Development.
7002-0035 ……………………………………………………………………...$69,000
EXECUTIVE OFFICE OF EDUCATION
Executive Office of Education.
7009-6402 ………………………………………………………………….$127,849
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Chief Medical Examiner.
8000-0106 ………………………………………………………….$600,000
8000-0122 ………………………………………………………….$200,000
Military Division.
8700-0001 …………………………………………………….$100,000
SECTION 2C.II. For the purpose of making available in fiscal year 2015 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2014, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of the general appropriation act for fiscal year 2014. 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 for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2 or 2B of the general appropriation act; 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
Human Resources Division.
1750-0102 ……………………………………………………………….$250,000
1750-0601 ……………………………………………………………….$300,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Chief Medical Examiner.
8000-0122 …………………………………………………………….$200,000
MBTA Financing
SECTION 3. (A) Section 35T of chapter 10 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definition of “Base revenue amount” and inserting in place thereof the following definition:-
“Base revenue amount”, for fiscal year 2015 the amount of $970,637,174, and for each fiscal year thereafter the base revenue amount for the prior fiscal year multiplied by the inflation index for the preceding 12 months, as certified by the comptroller on March 1 of each year, as set forth in subsection (b). In no year shall the base revenue amount exceed 103 per cent of the base revenue amount applicable for the prior fiscal year. If in any year the inflation index is less than 3 per cent but greater than the per cent increase in gross sales tax revenues received pursuant to chapters 64H and 64I in the preceding 12 months, excluding any portion of such taxes imposed on meals as defined in paragraph (h) of section 6 of said chapter 64H, then the base revenue amount shall be adjusted by the same percentage increase in those gross sales tax revenues. If in any year the per cent increase in the gross sales tax revenues or the inflation index is zero or less, then the base revenue amount shall not be adjusted for the subsequent fiscal year.
(B) Section 18 of chapter 161A of the General Laws is hereby amended by striking out the third and fourth paragraphs, added by section 170 of the general appropriation act for fiscal year 2015.
(C) Section 2 of the general appropriation act for fiscal year 2015 is hereby amended by striking out item 1599-1978.
(D) Section 280 of the general appropriation act for fiscal year 2015 is hereby repealed.
Clarify Labor Agencies’ Rulemaking Authority
SECTION 4. Section 1 of chapter 23 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Each department shall be headed by a director and each department may, with the approval of the secretary of labor and workforce development, adopt regulations under chapter 30A.
Office of the State Climatologist
SECTION 5. (A) The first sentence of section 21A of chapter 24 of the General Laws, inserted by section 42 of the general appropriation act for fiscal year 2015, is hereby amended by inserting after the words “secretary of energy and environmental affairs” the following words:- and the chancellor of the University of Massachusetts at Amherst.
(B) The second sentence of said section 21A of said chapter 24, as so inserted, is hereby amended by striking out the words “and the chancellor of the University of Massachusetts at Amherst” and inserting in place thereof the following words:- shall be housed at the University of Massachusetts at Amherst and.
Raising Minimum Procurement Requirement
SECTION 6. Section 4 of chapter 30B of the General Laws, as amended by section 61 of the general appropriation act of fiscal year 2015, is hereby further amended by striking out, in line 9, the figure “$25,000” and inserting in place thereof the following figure:- $35,000.
Secure Vital Registry Trust Fund
SECTION 7. (A) Section 33 of chapter 46 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding at the end of the second paragraph the following 2 sentences:- This fee shall be determined annually by the secretary of administration and finance under section 3B of chapter 7. Notwithstanding any other general or special law to the contrary, the first $20 of this fee received by the town clerk that issues a certified copy from the database shall be retained by the town and the remainder shall be transmitted to the state treasurer for deposit into the Secure Vital Registry Trust Fund, established by section 35.
(B) Said chapter 46 is hereby further amended by adding the following section:-
Section 35. There shall be established on the books of the commonwealth a separate fund known as the Secure Vital Registry Trust Fund, to be expended without prior appropriation, by the department. The trust shall consist of revenues generated from fees collected after July1, 2014, as authorized by section 3B of chapter 7 and transmitted to the state treasurer pursuant to section 33. The commissioner or a designee shall be the trustee of the fund and shall make expenditures from the fund for the administrative costs of development, maintenance and operation of a centralized, automated database for the system of vital records and statistics. The department may incur expenses, and the comptroller may certify for payment amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Monies deposited in the trust fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.
Taxpayers May Opt for Electronic Notices
SECTION 8. Section 71 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the word “commissioner”, in lines 4 and 5, the following words:- , or may be given as the parties otherwise agree, such as by sending electronic notification as provided in chapter 110G.
Foster Family Criminal Background Check Technical Correction
SECTION 9. Section 26A of chapter 119 of the General Laws, as amended by section 152 of the general appropriation act for fiscal year 2015, is hereby further amended by inserting after the words "42 U.S.C. § 16962", in each instance, the following words:- and Public Law 92-544.
Workers’ Compensation Clarification
SECTION 10. Section 63 of chapter 152 of the General Laws, as amended by section 168 of the general appropriation act for fiscal year 2015, is hereby amended by striking out the words “insured pays” and inserting in place thereof the following words:- insurer receives.
Extend Scholarship Commission
SECTION 11. Subsection (c) of section 190 of chapter 68 of the acts of 2011 is hereby amended by striking out the words “December 31, 2012” and inserting in place thereof the following words:- November 1, 2014.
Extend PLA Commission
SECTION 12. Section 32 of chapter 242 of the acts of 2012 is hereby amended by striking out, in the last sentence, the words “July 1, 2013” and inserting in place thereof the following words:- December 31, 2014.
Extend Early Literacy Panel
SECTION 13. Section 2 of chapter 287 of the acts of 2012 is hereby amended by striking out the words “June 30” and inserting in place thereof the following words:- November 1, 2014.
Extend Benefits Task Force
SECTION 14. The fourth sentence of section 73 of chapter 36 of the acts of 2013, as amended by section 13 of chapter 52 of the acts of 2014, is hereby further amended by striking out the words “June 16, 2014” and inserting in place thereof the following words:- September 15, 2014.
Department of Children and Families Transferability
SECTION 15. Item 4800-0015 of section 2 of chapter 38 of the acts of 2013, as amended by section 7 of chapter 119 of the acts of 2014, is hereby further amended by striking out the words “among items 4800-0038, 4800-0040, 4800-0041, and 4800-0015; provided further, that the commissioner may transfer funds from items 4800-0038, 4800-0040, 4800-0041 and 4800-0015 to item 4800-1100” and inserting in place thereof the following words: - among items 4800-0038, 4800-0040, 4800-0041, 4800-0015 and 4800-1100; provided further, that any funds unexpended in fiscal year 2014 in items 4800-0038, 4800-0040, 4800-0041, 4800-0015 and 4800-1100 shall not revert and shall be made available for the purposes of these items until June 30, 2015.
Extend Higher Education Finance Commission
SECTION 16. Subsection (c) of section 165 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “June 30” and inserting in place thereof the following words:- November 1.
Snow and Ice Spending
SECTION 17. Item 1595-6368 of section 2E of chapter 52 of the acts of 2014 is hereby amended by striking out the figure “$30,115,915” and inserting in place thereof the following figure:- $62,115,915.
Housing Preservation and Stabilization Trust Fund
SECTION 18. Item 7004-9024 of section 2 of the general appropriation act for fiscal year 2015 is hereby amended by striking out the words “prior appropriation continued” and adding in place thereof the following words:- provided further, that any unexpended funds in fiscal year 2014 shall not revert to the General Fund but instead up to $6,000,000 shall be deposited in the Housing Preservation and Stabilization Trust Fund established by section 60 of chapter 121B of the General Laws; and provided further, that any balance of unexpended funds in fiscal year 2014 not deposited in that Fund shall be made available for the purposes of this item until June 30, 2015.
Education IT Consolidation
SECTION 19. (A) Section 2 of the general appropriation act for fiscal year 2015 is hereby amended by striking out item 7061-9200.
(B) Item 7009-1700 of said section 2 of the general appropriation act for fiscal year 2015 is hereby amended by striking the figure “$18,134,995” and inserting in place thereof the following figure:- $18,930,543.
Comptroller Single Audit Chargebacks
SECTION 20. Item 1000-0005 of section 2B of the general appropriation act for fiscal year 2015 is hereby amended by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $1,200,000.
Massachusetts Developmental Disabilities Council Federal Grants
SECTION 21. Section 2D of the general appropriation act for fiscal year 2015 is hereby amended by striking out item 1100-1702 and inserting in place thereof the following 3 items:-
1100-1702
For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for said grant, this account shall be exempt from the first $270,000 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws …………………………………………………………………………………..$1,400,096
1100-1703
For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act …………………………………………………………………………………...$323,415
1100-1704
For the purposes of a federally funded technical assistance grant entitled, Maintain and Further Development of Developmental Disabilities Suite; provided, that in order to qualify for this grant, this account shall be exempt from the first $40,000 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws ……………………………………………..…….$231,706
Delivery Systems Transformation Initiatives Trust Fund Payment Alignment
SECTION 22. (A) Item 1595-1067 of section 2E of the general appropriation act for fiscal year 2015 is hereby amended by striking out the figure “$22,426,667” and inserting in place thereof the following figure:- $22,423,677.
(B) Said item of said section of the general appropriation act for fiscal year 2015 is hereby further amended by striking out the figure “$11,213,334” and inserting in place there of the following figure:- $11,211,839.
(C) Said item 1595-1067 of said section 2E of the general appropriation act for fiscal year 2015 is hereby further amended by striking out the figure “$210,261,306” and inserting in place thereof the following figure:- $232,979,059.
Medical Assistance Trust Fund Payment Adjustment
SECTION 23. (A) Item 1595-1068 of section 2E of the general appropriation act for fiscal year 2015 is hereby amended by adding the following words:-
; and provided further, that up to $243,000,000 in payments made for federal fiscal year 2014 shall be made from the Medical Assistance Trust Fund of which $31,000,000 shall be made to the Cambridge Public Health Commission for dates of service in state and federal fiscal year 2014 only after the Cambridge Public Health Commission transfers up to $15,000,000 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 that payment.
(B) Said item 1595-1068 of said section 2E of the general appropriation act for fiscal year 2015 is hereby further amended by striking out the figure “$412,000,000” and inserting in place thereof the following figure:- $639,500,000.
Unemployment Rate Table Technical Correction
SECTION 24. (A) Section 52 of the general appropriation act for fiscal year 2015 is hereby amended by striking out the table and inserting in place thereof the following table:-
(B) The general appropriation act for fiscal year 2015 is hereby further amended by striking out sections 53 and 54.
Millbury Veterans Memorial Park
SECTION 25. Section 266 of the general appropriation act for fiscal year 2015 is hereby further amended by striking out the second sentence.
Water Supply Protection Program
SECTION 26. Section 284 of the general appropriation act for fiscal year 2015 is hereby amended by striking out the figure “75” where it first appears and inserting in place thereof the following figure:- 73.
Transfer Transportation Building to MassDOT
SECTION 27. (a) Notwithstanding sections 32 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in this section called the commissioner, may sell or otherwise grant, convey or transfer those certain parcels of land located at 10 Park Plaza in the city of Boston, together with the buildings and structures on those parcels, known as the “transportation building”, and may assign all interests of the commonwealth under a master lease and garage operating agreement with Theatre District Limited Partnership, as amended, occupancy agreements and licenses at the transportation building, to the Massachusetts Department of Transportation, in this section called the department. The exact boundaries of the transportation building shall be determined by the commissioner. No monetary consideration shall be required for the conveyance and assignments authorized by this act except as provided in this section. The state conveyance and assignments shall be without warranties or representations by the commonwealth.
(b) The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across the transportation building and across other commonwealth property contiguous to the transportation building, and may accept from the department such rights of way or easements in roadways or across the transportation building for access, egress, drainage and utilities as the commissioner considers necessary or appropriate to carry out this act.
(c) Notwithstanding any general or special law to the contrary, the department shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the transactions authorized by this act as such costs may be determined by the commissioner.
Retain Certain Amounts in General Fund
SECTION 28. Notwithstanding any general or special law to the contrary, during fiscal year 2014, the comptroller shall retain in the General Fund all amounts that would otherwise be transferred under the last paragraph of section 2H of chapter 29 of the General Laws, but not more than necessary for a consolidated net surplus of $57,500,000.
Fiscal Management Tools
SECTION 29. Until December 31, 2014, notwithstanding any general or special law to the contrary:
(a) The power of the governor or the secretary of administration and finance to allot funds under section 9B of chapter 29 of the General Laws shall extend to any funds appropriated by the general court, except funds appropriated for the legislative and judicial departments.
(b) Whenever, in the opinion of the secretary of administration and finance, budgeted revenues as determined by the secretary from time to time during the fiscal year under section 5B will be insufficient to meet all of the expenditures that the secretary reasonably anticipates will be made from any budgetary fund during the fiscal year, the secretary shall proceed as required by section 9C of chapter 29 of the General Laws.
MassHealth Transferability
SECTION 30. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0875, 4000-0880, 4000-0890, 4000-0940, 4000-0950, 4000-0990, 4000-1400, and 4000-1420 of section 2 of chapter 38 of the acts of 2013 for the purpose of reducing any deficiency in these items, but any such transfer shall be made not later than August 30, 2014.
MassHealth Accounts Payable
SECTION 31. Notwithstanding any general or special law to the contrary, any unexpended balances, not exceeding a total of $20,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 38 of the acts of 2013, shall not revert to the General Fund until September 1, 2014 and may be expended by the executive office of health and human services to pay for services enumerated in said items 4000-0600 and 4000-0700 of said section 2 of said chapter 38 provided during fiscal year 2014.
Collective Bargaining Agreement Ratification
SECTION 32. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1) between the commonwealth and National Association of Government Employees , Units 1, 3 and 6;
(2) between the commonwealth and American Federation of State, County and Municipal Employees , Unit 2;
(3) between the Plymouth sheriff and the Association of County Employees;
(4) between the Barnstable sheriff and the American Federation of State, County and Municipal Employees, Local 1462C, AFL-CIO Council 93, Unit S2B;
(5) between the Middlesex sheriff and the Middlesex Sheriff’s Superior Officers Association, Unit SM4;
(6) between the Worcester sheriff and the New England Police Benevolent Association, Local 275, Unit SW2;
(7) between the trial court and the National Association of Government Employees/Service Employees International Union Local 5000, Units J2C and J2P;
(8) between the Barnstable sheriff and the National Association of Government Employees, Local 220, Unit S5B;
(9) between the Barnstable sheriff and the Barnstable County Correctional Officers Union, Unit S1B;
(10) between the Barnstable sheriff and the National Correctional Employees Union Local 119, Unit S4B;
(11) between the Barnstable sheriff and the National Association of Government Employees – International Brotherhood of Correctional Officers, Local 217 Public Safety, Groups A,B, C, Unit S3B;
(12) between the Berkshire sheriff and the Berkshire County Sheriff’s Office Employees Association, Unit SB3;
(13) between the Berkshire sheriff’s Office Communication Center and the I.U.E.-C.W.A, Unit SB2;
(14) between the Essex sheriff and the International Brotherhood of Corrections Officers, Local R1-71, Unit SE9;
(15) between the Berkshire sheriff and the International Brotherhood of Corrections Officers Local R1-297, Unit SB1;
(16) between the Hampshire sheriff and the National Correctional Employees Union, Unit SH9;
(17) between the Hampshire sheriff and the Hampshire Sherriff’s Office Non-Uniform Correctional Association, Unit SH7;
(18) between the Hampshire sheriff and the Hampshire Sherriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH8;
(19) between the Hampshire sheriff and the Hampshire Sherriff’s Office Jail and Hampshire Sheriff’s Office Treatment Association, Unit SH6;
(20) between the Norfolk sheriff and the National Association of Government Employees /Service Employees International Union R1-202, Unit SN1;
(21) between the Plymouth sheriff and the National Correctional Employees Union, Unit SP7;
(22) between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Bureau of Criminal Investigation Officers Unit, Unit SP3;
(23) between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Communication Officers Unit, Unit SP5;
(24) between the Plymouth sheriff and the National Correctional Employees Union, Unit SP1;
(25) between the Suffolk sheriff and the National Association of Government Employees, Local 298, Unit SS2;
(26) between the Suffolk sheriff and the Jail Officers and Employees Association of Suffolk County, Unit SS4;
(27) between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 419, Unit SS0;
(28) between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 3643, Unit SS5;
(29) between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 3967, Unit SS6;
(30) between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local RN, Unit SS3;
(31) between the Hampden sheriff and the National Correctional Employees Union, Unit SH4;
(32) between the Hampden sheriff and the Hampden County Superior Correctional Officer Association, Unit SH3;
(33) between the Hampden sheriff and the Non-Uniformed Correctional Association, Unit SH2;
(34) between the Franklin sheriff and the National Correctional Employees Union, Unit SF1;
(35) between the Franklin sheriff and the Local R1-045, International Brotherhood of Corrections Officers , Unit SF3; and
(36) between the trial court and the OPEIU Local 6, Units J6C and J6P.
