Adopted

2

Text of the Senate amendment to the House Bill promoting economic growth across the Commonwealth (House, No. 4181) (being the text of Senate, No. 2131, printed as amended)

Mr. Brewer moved that the bill be amended SECTION 1. To provide for certain unanticipated obligations of the commonwealth, to provide for alterations of purposes for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund, unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2015. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Unexpended balances of appropriations in section 2A shall be made available for expenditure in fiscal years 2016 and 2017.

SECTION 2A. EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves.

1599-0026 For municipal improvements; provided, that not less than $100,000 shall be expended to commission a study of economic development and feasibility on the Monson Developmental Center located at 200 State avenue in the town of Monson; provided further, that not less than $100,000 shall be expended to commission a study of economic development and feasibility on state highway route 32, Thorndike street, in the town of Palmer; and provided further, that not less than $1,000,000 shall be expended for the continued construction and development at the North Quabbin Business Park $1,200,000

Information Technology Division.

1750-0500 For the development of the online business portal as required by section 107 $100,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary.

7002-0035 For a reserve to support the commonwealth's defense sector initiatives; provided, that the executive office may allocate funds to the Massachusetts Development and Finance Agency for this purpose; and provided further that $350,000 shall be expended for education and training programs for workforce training $700,000

7002-1503 For the operations of the John Adams Innovation Institute within the Massachusetts Technology Park Corporation established in section 6A of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative; provided, that funds in this item shall be available for expenditure until June 30, 2018 $2,000,000

7002-1504 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative, to establish programs that provide advice and training from successful, experienced entrepreneurs for start-up enterprises and that create a talent pipeline to technology startups and innovation companies; provided, that $1,000,000 shall be expended to establish an entrepreneur and startup mentoring program, in consultation with the Massachusetts Technology Development Corporation established in section 2 of chapter 40G and doing business as MassVentures, to provide assistance, mentoring and advice to startups and innovation companies by connecting early-stage entrepreneurs, technology startups, and small businesses with successful, experienced business enterprises and capital financing; provided further, that $1,000,000 shall be expended to fund paid internships for students seeking careers in technology and innovation industries to work with companies competing actively in those fields; provided further, that in the design and implementation of these programs, the Massachusetts Technology Collaborative shall consult with and review the talent pipeline and mentoring programs that are administered by the Venture Development Center at the University of Massachusetts at Boston established pursuant to chapter 123 of the acts of 2006 in order to model and bring to scale successful talent pipeline programs and practices; provided further, that as a condition of such grants being awarded, the Massachusetts Technology Collaborative shall reach agreement with the grant recipient on performance measures and indicators that shall be used to evaluate the performance of the grant recipient in carrying out the activities described in the recipient’s application; provided further, that the Massachusetts Technology Collaborative shall file annual reports for the duration of the programs with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies, by January 1; provided further, the paid internship program report shall include the number of placements of students in paid internships during the academic year, an analysis of the impact of the program on the ability of its participants to enter the full-time job market in the technology and innovation industries after graduation and shall be filed annually by June 15; provided further that the entrepreneurship program report shall include an overview of the activities of the programs, the number of participants in the programs, and an analysis of the impact of the programs on the success of the participants’ startup business ventures; and provided further, that funds in this item shall be available until June 30, 2018 $2,000,000

7002-1506 For the Transformative Development Fund established in section 46 of chapter 23G of the General Laws; provided, that not more than $2,000,000 shall be used to promote collaborative workspaces; provided further, that not less than $50,000 shall be expended for the start-up operational costs for the life sciences, education and training center at the former Paul A. Dever State School in the city of Taunton, established pursuant to chapter 130 of the acts 2008; and provided further, not less than $1,000,000 shall be expended for the restoration, renovation and design of the Pynchon building located in the city of Springfield $11,050,000

7002-1507 For the purpose of the Brownfields Redevelopment Fund established in section 29A of chapter 23G of the General Laws $10,000,000

7002-1508 For the manufacturing and information technology workforce training program established in section 2LLLL of chapter 29 of the General Laws; provided, that the fund shall be used to establish and support training and education programs that address the workforce shortages of the advanced manufacturing and information technology industries with the goal of training 4,000 workers in 4 years to help meet the workforce and talent pipeline needs of employers; and provided further, that not less than $300,000 shall be expended for a coordinated program between the regional employment board of Hampden county and the school districts of West Springfield, Ludlow, Longmeadow, East Longmeadow, Agawam, Hampden-Wilbraham, Southwick-Tolland Granville $10,300,000

7002-1509 For the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative for a 3-year pilot program in collaboration with the Massachusetts Medical Device Development Center and the Innovation Hub at the University of Massachusetts at Lowell and the Venture Development Center at the University of Massachusetts at Boston, established under chapter 123 of the acts of 2006, to offer candidates on nonimmigrant visas the opportunity to remain in the commonwealth to pursue practical training in entrepreneurship $3,000,000

7002-1510 For competitive technical assistance grants to be administered by the executive office of housing and economic development, in coordination with the Federal Reserve Bank of Boston, to provide multi-year support to initiatives that advance cross-sector collaboration among the public, private and non-profit sectors; provided, that in order to qualify for funding, a project proposal shall catalyze and accelerate initiatives that create new or stronger working relationships between key institutions, agencies, organizations and businesses within municipalities with: (i) a population of greater than 30,000 and less than 250,000; (ii) a median family income that is below the median of those similarly-sized municipalities; and (iii) a median poverty rate that is above the median for those similarly-sized municipalities; provided further, that the Federal Reserve Bank of Boston shall identify additional program eligibility requirements; and provided further, that the private sector and other institutions shall contribute to this program an amount that is at least equal to the total appropriation for the program; provided further, that not less than $125,000 shall be expended for a study to be conducted by the Seaport Advisory Council to recommend a plan to provide water transportation alternatives to enable water transportation options in and out of the Boston Convention and Exposition Center to various seaport districts; provided further, that not less than $75,000 shall be expended for the development, outreach and coordination of employer partnerships in the city of Worcester; provided further, that $50,000 shall be expended for the Lawrence Partnership Inc. to provide support for public and private sector collaboration for economic development in the city of Lawrence; and provided further, that not less than $ 100,000 shall be expended for AHA! Arts, History & Architecture, New Bedford and Zeiterion Theatre, Inc. in consultation with the New Bedford Whaling Museum and New Bedford Art Museum/Art Works to foster economic development in the fields of arts and culture in the downtown, seaport cultural district of New Bedford to plan, promote and host a performance of the Boston Pops Orchestra in the city of New Bedford, or other significant civic events, to advance economic development and tourism in the downtown, seaport cultural district $1,850,000

7002-1511 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative to identify and promote the growth and development of companies and organizations that are engaged in the development of emerging new technologies associated with health information technology including web-based and personalized care delivery as provided in subsection (f) of section 6D of chapter 40J of the General Laws $1,000,000

7002-1512 For the Big Data Innovation and Workforce Fund established in section 6H of chapter 40J of the General Laws; provided, that $150,000 shall be expended for the Venture Development Center at the University of Massachusetts at Boston $2,000,000

Massachusetts Office of Business Development.

7007-1202 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative, to develop and implement a plan to promote and establish computer science education in public schools as required by section 68; provided further, that the Massachusetts Technology Collaborative shall seek private funds necessary to match contributions equal to $1 for every $1 contributed by the collaborative; provided further, that the Massachusetts technology collaborative shall file an annual report by September 30 for the duration of the program; provided further, that the report shall be filed with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies that includes a 3-year strategic plan and annual goals and progress in achieving those goals; and provided further, that the reports shall be made available on the Massachusetts Technology Collaborative’s website $1,500,000

7007-1641 For a grant for the Smaller Business Association of New England for the layoff aversion through management assistance program for consultant and technical assistance to manufacturing companies to prevent business closure and employee displacement; provided, that the expenditure of the layoff aversion through management assistance program shall leverage at least $1 in matching funds for every $1 granted pursuant to this item; and provided further, that the president of the Smaller Business Association of New England shall file a quarterly report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development on the number of employees and manufacturing companies that have received financial assistance through this item, a detailed description of the services provided to manufacturing companies through the layoff aversion through management assistance program and a detailed account of the expenditures of the layoff aversion through management assistance program, including administrative costs $250,000

7008-0905 For the marketing and assisting of businesses in the commercial fishing industry to market the value added of the use of cod and other fish $100,000

7008-0900 For support of municipal theatres and festivals; provided, that not less than $50,000 shall be expended for the Berkshire Theatre Group to complete renovations to the warehouse space adjacent to the Colonial Theatre in the city of Pittsfield to establish a meeting and convention center; provided further, that not less than $500,000 shall be expended for the Outside the Box festival in the city of Boston; and provided further, that $215,000 shall be expended to the Pilgrim Hall Museum in the town of Plymouth for the restoration of the Landing of the Pilgrims painting by Henry Sargent $765,000

7008-0952 For a competitive grant program for zoos not operated by the Commonwealth Zoological Corporation; provided, that in awarding such grants, the Massachusetts office of business development shall ensure that all zoos that received funding in fiscal year 2014 shall receive funding in fiscal year 2015 and shall award such grants to zoos in equal amounts to all grant recipients $150,000

Massachusetts Marketing Partnership.

7008-1015 For the Massachusetts office of travel and tourism; provided, that with a focus on increasing visitation and spending from countries, the office shall expend funds for marketing the commonwealth in international markets to travelers; provided further, that no funds from this item shall supplant the funding appropriated in 7008-0900; provided further, that the office shall submit an annual report not later than March 1 on the effectiveness of the international marketing plan including, but not limited to, the following information: (i) the projects and amounts expended by location; (ii) the plan to expand to emerging international markets by location; (iii) barriers to expanding to emerging international markets by location; (iv) the per cent change in tourism revenue following implementation of the marketing plan; and (v) a cost-benefit analysis of the marketing plan to the clerks of the senate and house of representatives and to the senate and house chairs of the joint committee on tourism, arts and cultural development; and provided further, that all reports shall be made available on the office’s website $5,000,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Career Services.

7002-1704 For the Workforce Competitiveness Trust Fund established in section 2WWW of chapter 29 of the General Laws; provided, that not less than $1,000,000 shall be transferred to the department of higher education to develop, implement and promote stackable credentials programs at public higher education institutions as required by section 15G of chapter 15A of the General Laws $2,000,000

7003-0606 For the commonwealth corporation for an employment training program for unemployed young adults with disabilities; provided, that funds shall be awarded competitively by the commonwealth corporation to community-based organizations with recognized success in creating strong collaborations with employers to consider young adults with disabilities; provided further, that a community-based organization that receives funding under this item shall provide extensive training and internship programming and ongoing post-placement support for participants and employers $150,000

EXECUTIVE OFFICE OF EDUCATION.

Office of the Secretary.

7009-6406 For competitive grants to cities, towns, regional school districts and institutions of public higher education for the establishment and implementation of early college high school programs; provided, that the programs shall support students who work simultaneously on the completion of a high school diploma from the partnering school district while also earning free college credits towards an associate degree or certificate at the partnering institution of higher education; provided further, that the programs shall provide full access to college support services, student activities and tutoring and shall ensure holistic wrap-around support which meets the academic, social and emotional needs of the student and shall ensure full access to the same for students with physical or learning disabilities; provided further, that in awarding these grants, preference shall be given to innovative joint proposals, developed by partnering school districts, colleges and local and regional nonprofits where appropriate; and provided further, that the grants shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity $750,000

7061-9406 For a statewide college and career readiness program to be implemented by JFYNetworks, A Nonprofit Corporation, to reduce the number of remedial developmental courses students are required to take at community colleges; provided, that JFYNetworks shall (i) establish the JFYNet college and career readiness program to administer the Accuplacer Diagnostic and College Placement tests in high schools; (ii) provide individualized online instructional curricula to strengthen the skills measured by the tests; and (iii) administer final Accuplacer Placement tests to measure student progress and program outcomes; provided further, that passing scores shall be reported to community colleges ensuring student placement in credit-earning courses; provided further, that JFYNetworks shall coordinate with the 15 community colleges to identify not more than 5 high schools per community college that shall send students to the program; and provided further, that the program shall not exceed 7,500 students statewide $1,000,000.

University of Massachusetts.

7118-0100 For marine hydrokinetic research at the Massachusetts Maritime Academy; provided, that the Massachusetts Maritime Academy shall expend funds to collaborate with the University of Massachusetts at Dartmouth, Bristol Community College and other appropriate institutions in the area of marine hydrokinetic research; provided further, that not more than $150,000 shall be expended for the purchase of a tidal generator marine hydrokinetic turbine; provided further, that the Massachusetts Maritime Academy shall permit colleges and universities to conduct research and training involving tidal turbine devices; provided further, that the Massachusetts Maritime Academy shall develop course work offering access to a turbine prototype for students enrolled in majors including, but not limited to, engineering, power plant management and design and physical and biological oceanography; provided further, that funds shall be expended on research internships; provided further, that the Massachusetts Maritime Academy shall facilitate internships or cooperatives that carry academic credit with private sector companies in the area of marine hydrokinetic research; and provided further, that the Massachusetts Maritime Academy shall develop a program to provide access for private sector companies through public and private partnerships to test marine hydrokinetics and related products, including integration with the regional power grid $1,000,000

7100-0801 For the Innovation Commercialization Seed Fund established in section 45B of chapter 75 of the General Laws $2,000,000

7100-0802 For the University of Massachusetts at Lowell for technical assistance, mentoring, product development and manufacturing referral services for medical device, manufacturing and technology-based startups and to promote partnerships with the Massachusetts advanced manufacturing collaborative’s supply chain; provided, that $150,000 shall be expended for the Innovation Hub New Venture Competition; and provided further, that $500,000 shall be expended for the Massachusetts Medical Device Development Center at the University of Massachusetts at Lowell $1,500,000

SECTION 3. Section 3A of chapter 23A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 139, the figure “35,000” and inserting in place thereof the following figure:- 20,000.

SECTION 3A. Section 16G of chapter 6A of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(m) Annually, the secretary of housing and economic development shall prepare a strategic report in conjunction with the secretary of energy and environmental affairs for the commonwealth's commercial fishing and shellfish industry. The secretary of housing and economic development shall annually evaluate the status of the commercial fishing industry and it shall be accompanied by recommendations for appropriate actions to be taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.

In carrying out this chapter, the secretaries may, and are encouraged to, seek the laboratory, technical, education and research skills and facilities of public institutions of higher education.

SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section 22O the following section:-

Section 22P. A state department, office, commission, institution or regional authority contracting for cleaning, maintenance or security guard services in any building shall comply with section 27H of chapter 149. A procurement bid with the operational services division or other state procurement agent that fails to follow the requirements of this section shall be considered a nonresponsive bid. A contract entered into by a department, office, commission, institution or regional authority shall be void if the contract fails to comply with this section and said section 27H of said chapter 149.

SECTION 5. Section 35J of chapter 10 of the General Laws is hereby repealed.

SECTION 6. The first paragraph of section 52 of said chapter 10, as appearing in the 2012 Official Edition, is hereby amended by striking out the eighth sentence and inserting in place thereof the following sentence:- The council shall include at least 1 member residing in each of the 14 counties and not more than 3 members residing in any 1 county.

SECTION 7. Chapter 15A of the General Laws is hereby amended by inserting after section 15F the following section:-

Section 15G. (a) The department of higher education shall assess stackable credentials offered at community colleges, state universities and the University of Massachusetts campuses and, in collaboration with the public higher education institutions and regional workforce organizations, shall: (i) identify best practices to be shared and replicated across campuses to provide a clear and accessible path for students seeking to advance their education through workforce training and preparation; (ii) establish guidelines and standards for earning stackable credentials through workforce development or career and technical education; (iii) identify and implement stackable programs on campuses where further needs exist; and (iv) disseminate information on stackable education pathway opportunities with regional workforce agencies. For the purposes of this section, "stackable credential" shall mean a credential earned through an education, training or apprenticeship program while attending an institution of higher education which is designed to be part of a pathway for students that, along with other stackable credentials, cumulatively leads to a degree or industry specific skills certification. The department shall prioritize this effort in the areas of advanced manufacturing and information technology. The department may base credentials on competency, workforce or apprentice experience or workforce preparation. In developing criteria for credentials, the department shall consult with regional employment boards, career and technical education entities, community colleges, state universities, the University of Massachusetts, chambers of commerce, the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative, the Massachusetts Life Sciences Center and trade associations.

(b) Stackable credentials shall be available across the commonwealth and administered through public higher education institutions; provided, however, that public higher education institutions shall: (i) develop programs responsive to industry needs based on current regional labor market data; (ii) implement the programs in a manner that ensures interconnection of competencies offered in specialized training programs; and (iii) determine transferability of credentials for college credit.

(c) For the purposes of this section "public higher education institutions" shall include Quincy College.

SECTION 8. Chapter 20 of the General Laws is hereby amended by striking out section 1, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 1. There shall be a department of agricultural resources under the supervision and control of a board of agriculture. The board shall consist of 13 members to be appointed by the governor, who shall be from diverse geographic regions of the commonwealth and shall represent diverse agricultural operations within the commonwealth.

At least 9 members of the board shall be farmers whose principal vocation is the production of food and fiber. Members shall be appointed for terms of 3 years and no member shall serve for more than 2 consecutive terms.

The board shall meet at the call of the chair but not fewer than 6 times annually or at the call of the chairman and at such times as shall be determined by its rules or at the request of the commissioner or the call of any 3 members. The chairman shall be annually appointed by a majority of the board present and votingthereon. Board members shall receive $50 for each day or portion thereof spent in the discharge of their official duties not to exceed $600 per year and shall be reimbursed for the travel to and from official board meetings and other expenses necessary to conduct such meetings.

There shall be a commissioner of agricultural resources who shall be appointed and may be removed by the secretary of environmental affairs, with the approval of the governor. The commissioner shall have charge of the administration of the department. The department may expend for traveling expenses of its employees incurred in the performance of their official duties and for other necessary expenses of the department, such sums as may be appropriated.

SECTION 9. Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 24. (a) There shall be within the division of marine fisheries a coordinated program to market seafood landed in the commonwealth and to take other actions to increase consumer demand and preference for local seafood products, to support the commonwealth’s fishing and seafood industry and the residents and communities that benefit from these activities. The objectives of the program may include, but shall not be limited to:

(i) increasing the public’s knowledge about the health benefits of consuming seafood and the economic importance of the commonwealth’s fishing industry to the local economy and communities;

(ii) educating the public on fisheries’ resources, fisheries’ management and commercial fishing to build consumer confidence in the sustainable basis for commercial fishing in the commonwealth;

(iii) creating name recognition and increasing consumer demand and preference for the commonwealth’s seafood products, including through the use of brand name, logo or other actions to differentiate them from other seafood products;

(iv) stabilizing market prices through the promotion of the commonwealth’s seafood products in low consumer demand or when the supply of those products is high;

(v) developing a variety of promotional and educational tools and strategies to achieve the program’s purpose and objectives, including employing market research and social media; and

(vi) identifying a range of sources and mechanisms to fund program activities and to increase the scope of program outreach to the public and other stakeholders.

(b) The director of marine fisheries shall appoint a permanent steering committee to assist the division in the administration of its seafood marketing program, including in the areas of strategic planning, financial management, prioritization of programmatic initiatives and in pursuing funding for program activities from outside sources such governments, nongovernmental organizations, industry stakeholders and other private parties. The steering committee shall consist of the director of marine fisheries or a designee who shall serve as chair, the commissioner of fish and game or a designee, the commissioner of agricultural resources or a designee, 2 members of the senate, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and1 of whom shall be appointed by the minority leader, 2 members from the house of representatives, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be appointed by the minority leader, and 12 persons to be appointed by the governor, 1 of whom shall be a representative of wholesale seafood dealers, 1 of whom shall be a representative of the seafood retail business, 1 of whom shall be a representative of the seafood restaurant business, 2 of whom shall be representatives of fishing industry advocacy organizations, 4 of whom shall be representatives from the commercial fishing and harvesting industry, 1 of whom shall be a representative of the lobster industry, 1 of whom shall be a representative of the scallop industry and 1 of whom shall be a representative of the wild caught shellfish industry.

SECTION 10. Section 3A of chapter 23A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definition of "Certified project" and inserting in place thereof the following definition:-

“Certified project”, an expansion project, enhanced expansion project, job creation project or manufacturing retention project approved by the economic assistance coordinating council for participation in the economic development incentive program pursuant to section 3F.

SECTION 11. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of "Economic development incentive program" and inserting in place thereof the following 2 definitions:-

“Economic benefit”, an award of any tax credit approved under this chapter, any tax increment financing approved under section 3F of this chapter or section 59 of chapter 40 or a special tax assessment approved under said section 3F.

“Economic development incentive program” or “EDIP”, a program designed to promote increased business development and expansion to be administered by the EACC.

SECTION 12. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Enhanced expansion project” and inserting in place thereof the following definition:-

“Enhanced expansion project”, a facility that, in its entirety and as of the project proposal date: (i) is located or shall be located within the commonwealth; (ii) generates substantial sales from outside of the commonwealth; and (iii) generates a net increase of at least 100 full-time employees within 2 years after project certification and which shall be maintained for not less than 5 years; provided, however, that in the case of a facility that as of the project proposal date is already located in the commonwealth, “enhanced expansion project” shall refer only to a facility at which the controlling business has expanded or proposed to expand the number of permanent full-time employees at such facility and the expansion shall: (1) represent an increase in the number of permanent full-time employees employed by the controlling business within the commonwealth; and (2) not be a replacement or relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth; provided further, that in the case of a facility to be located within the commonwealth after the project proposal date, “enhanced expansion project” shall refer only to a facility that is: (a) the first facility of the controlling business to be located within the commonwealth; (b) a new facility of such controlling business and not a replacement or relocation of an existing facility of such controlling business located within the commonwealth; or (c) an expansion of an existing facility of the controlling business that results in an increase in the number of permanent full-time employees.

SECTION 13. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definitions of “Expansion project”, “Expansion project EOA”, “Expansion project ETA” and “Expansion project proposal” and inserting in place thereof the following 2 definitions:-

“Expansion project”, a facility that, in its entirety and as of the project proposal date: (i) generates substantial sales from outside of the commonwealth; and (ii) generates a net increase of full-time employees within 2 years after project certification, and which shall be maintained for a period of not less than 5 years; provided, however, that in the case of a facility that as of the project proposal date is already in existence, “expansion project” shall refer only to a facility at which the controlling business has proposed to expand the number of permanent full-time employees at such facility to occur after the project proposal date and the expansion shall: (1) represent an increase in the number of permanent full-time employees employed by the controlling business within the commonwealth; and (2) not be a replacement or relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth; and provided further, that in the case of a facility to be constructed or relocated after the project proposal date, “expansion project” shall refer only to a facility which is: (a) the first facility of the controlling business to be located within the commonwealth; (b) a new facility of such business and not a replacement or relocation of an existing facility of such controlling business located within the commonwealth; or (c) an expansion of an existing facility of the controlling business that results in an increase in permanent full-time employees.

“Expansion project proposal”, a proposal submitted by a controlling business to the EACC pursuant to section 3F for designation of a project as a certified expansion project if: (i) the proposal has been submitted in a timely manner, in such form and with such information as is prescribed by the EACC, supported by independently verifiable information and signed under the penalties of perjury by a person authorized to bind the controlling business; (ii) the proposal includes specific targets by year for the subsequent 5-calendar-year period relative to the projected increase in the number of permanent full-time employees of the controlling business to be employed by and at the project from among residents of the commonwealth; provided, however, that in the case of a project that is already in existence as of the project proposal date, such projected increase shall not be less than 25 per cent over the subsequent 5-year period; and (iii) in the case of a project that is a new facility within the meaning of clause (b) of the definition of expansion project, the proposal includes the number of permanent full-time employees employed by the controlling business at other facilities located in the commonwealth.

SECTION 14. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of "Gateway municipality" the following 2 definitions:-

"Job creation project'', a project or investment by a controlling business that: (i) is located or shall be located within the commonwealth; (ii) generates substantial sales from outside of the commonwealth; (iii) does not involve a significant investment in the construction or expansion of an existing facility or otherwise result in an increase in the value of the real property where new jobs shall be located; and (iv) generates a net increase of at least 100 permanent full-time employees within 2 years after project certification and which shall be maintained for a period of not less than 5 years; provided, however, that in the case of a facility that as of the project proposal date is already located in the commonwealth, “job creation project” shall refer only to a facility at which the controlling business has expanded or proposed to expand the number of permanent full-time employees at such facility and the expansion shall: (1) represent an increase in the number of permanent full-time employees employed by the controlling business within the commonwealth; and (2) not be a replacement or relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth; provided further, that in the case of a facility to be located within the commonwealth after the project proposal date, "job creation project'' shall refer only to a facility that is: (a) the first facility of the controlling business to be located within the commonwealth; (b) a new facility of such business and not a replacement or relocation of an existing facility of such controlling business located within the commonwealth; or (c) an expansion of an existing facility of the controlling business that results in an increase in permanent full-time employees.

"Job creation project proposal'', a proposal submitted by a controlling business to the EACC pursuant to section 3F for designation of a project as an job creation certified project if: (i) the proposal has been submitted in a timely manner, in such form and with such information as is prescribed by the EACC, supported by independently verifiable information and signed under the penalties of perjury by a person authorized to bind the controlling business; (ii) the proposal includes specific targets by year for the subsequent 5 calendar year period relative to the projected increase in the number of permanent full-time employees of the controlling business to be employed by and at the project from among residents of the commonwealth; provided, however, that in the case of a project that is a new facility within the meaning of clause (b) of the definition of job creation project, such proposal includes the number of permanent full-time employees employed by the controlling business at other facilities located in the commonwealth.

SECTION 15. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of "Municipal application" the following definition:-

“Municipal project endorsement”, the endorsement by the municipalities in which a proposed project shall be located pursuant to clause (ii) of paragraph (1) of subsection (a) of section 3F.

SECTION 16. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definitions of “Project” and “Project proposal” inserting in place thereof the following 2 definitions:-

“Project”, an expansion project, an enhanced expansion project, a job creation project or a manufacturing retention project.

“Project proposal”, a proposal submitted by a controlling business to the EACC pursuant to section 3F for designation as a certified expansion project, an enhanced expansion project, a job creation project or a manufacturing retention project.

SECTION 17. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by adding the following 2 definitions:-

“Special tax assessment”, a binding agreement between a municipality and a controlling business consistent with the requirements of subsection (g) of section 3F.

“Tax increment financing agreement”, a binding agreement between a municipality and a controlling business consistent with the requirements of subsection (6) of section 3F of this section and section 59 of chapter 40.

SECTION 18. Said chapter 23A is hereby further amended by striking out section 3B, as so appearing, and inserting in place thereof the following section:-

Section 3B. There shall be an economic assistance coordinating council established within MOBD. The council shall consist of the director of business development or a designee who shall serve as co-chairperson, the director of housing and community development or a designee who shall serve as co-chairperson, the director of career services or a designee, the secretary of labor and workforce development or a designee, 2 persons from MOBD who shall be designated by the director of business development, the president of the Commonwealth Corporation or a designee and 8 persons to be appointed by the governor, 1 of whom shall be from the western region of the commonwealth, 1 of whom shall be from the metro west region of the commonwealth, 1 of whom shall be from the central region of the commonwealth, 1 of whom shall be from the eastern region of the commonwealth, 1 of whom shall be from the southeastern region of the commonwealth, 1 of whom shall be from Cape Cod or the Islands, 1 of whom shall be a representative of a higher educational institution within the commonwealth and 1 of whom shall be from the Merrimack Valley. At least 1 of the 8 persons appointed by the governor shall be a municipal official. All persons appointed by the governor shall have expertise in issues pertaining to training, business relocation and inner-city and rural development and shall be knowledgeable in public policy and international and state economic and industrial trends. Members appointed by the governor shall serve at the pleasure of the governor. The council shall adopt by-laws to govern its affairs.

SECTION 19. Subsection (1) of section 3C of said chapter 23A, as so appearing, is hereby amended by striking out clauses (d) to (h), inclusive, and inserting in place thereof the following 4 clauses:-

(d) certify and approve tax increment financing agreements and special tax assessments pursuant to section 3F of this chapter and clause (vii) of section 59 of chapter 40.

(e) assist municipalities in obtaining state and federal resources and assistance for certified projects and other job creation and retention opportunities;

(f) provide appropriate coordination with other state programs, agencies, authorities and public instrumentalities to enable certified projects and other job creation and retention opportunities to be more effectively promoted by the commonwealth; and

(g) monitor the implementation and operation of the economic development incentive program.

SECTION 20. Section 3D of said chapter 23A, as so appearing, is hereby amended by striking out, in line 1, the word “The” and inserting in place thereof the following word:- (1) The.

SECTION 21. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by adding the following subsection:-

(2) The EACC may amend the boundaries of an ETA to address situations in which a commercial or industrial facility that is a prospective certified expansion project candidate is located within the boundaries of 2 or more municipalities with at least 1 of the municipalities in an existing ETA. Under such circumstances, if all of the municipalities involved wish to certify the proposed project, the boundaries of the ETA may deviate from census tract boundaries to include any parcels occupied by the commercial or industrial facility. The EACC may consider such an application for amending the boundaries of an ETA if:

(a) inclusion of the facility and underlying parcels in the pre-existing contiguous ETA does not alter the eligibility of the ETA as determined pursuant to subclause (ii) of clause (a) of subsection (1);

(b) evidence that the commercial or industrial facility is physically located in 2 or more municipalities can be provided;

(c) the amended ETA application is jointly filed by the municipalities in which the facility and parcels are located and the EACC approves the amended ETA application; and

(d) the filing municipalities represent in their joint application that a certified project application shall be submitted to the EACC within a reasonable period of time for the project proposing to occupy the facility and parcels.

SECTION 22. Section 3E of said chapter 23A, as so appearing, is hereby amended by inserting after the word “designation”, in line 58, the following words:- , if applicable.

SECTION 23. Said section 3E of said chapter 23A, as so appearing, is hereby further amended by striking out paragraph (3) and inserting in place thereof the following paragraph:-

(3) receipt with the municipal application of a binding written offer from the municipality, subject only to acceptance by the EACC through designation of the area proposed therefor, in the municipal application as an EOA, to provide to certified projects within the project EOA and pursuant to section 59 of chapter 40 either tax increment financing or a special tax assessment consistent with subsection (f) or (g) of section 3F.

SECTION 24. Clause (d) of paragraph (4) of said section 3E of said chapter 23A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

An EOA shall retain its designation for at least 5 years and not more than 20 years from the date it is so designated, as determined by the EACC, unless such designation is revoked prior to the expiration of the specified period; provided, however, that the EACC shall not specify a duration in excess of that requested in the municipal application. Only the EACC may revoke the designation of an EOA and only upon the following grounds: (a) upon the petition of the municipality which requested the designation which petition satisfies the authorization requirements for a municipal application and which petition shall be granted as a matter of course; or (b) if the EACC determines, based on its own investigation, that plans and commitments incorporated with the municipal application for such designation are materially at variance with the conduct of the municipality subsequent to the designation and such variance is found to frustrate the public purpose which such designation was intended to advance. Any such revocation of an EOA designation shall only be applied prospectively to deny certification to any projects located or to be located in such EOA and not certified prior to such revocation and shall not apply to, nor revoke any benefits due to or which may become due to, any certified project already in existence in the EOA including, but not limited to, any benefits included in any plans and commitments incorporated with the municipal application for such designation; provided, however, that in no event shall a certified project receive any benefits arising from its status as a certified project for a period of longer than that specified by the EACC in its certification designation, including any renewals thereof, or 20 years, whichever period is of shorter duration. No designation of an area as an EOA shall be renewed or extended except pursuant to paragraphs (1) to (4), inclusive.

SECTION 25. Said section 3E of said chapter 23A, as so appearing, is hereby further amended by adding the following paragraph:-

(6) Upon application from a city or town, the EACC may from time to time designate any area of a city or town as an area presenting exceptional opportunities for increased economic development. In making such designation, the EACC shall consider whether there is a strong likelihood that any of the following will occur within the area in question within a specific and reasonably proximate period of time:

(i) a significant influx or growth in business activity;

(ii) the creation of a significant number of new jobs and not merely a replacement or relocation of current jobs within the commonwealth; or

(iii) a private project or investment that will contribute significantly to the resiliency of the local economy.

SECTION 26. Said chapter 23A is hereby further amended by striking out section 3F, as so appearing, and inserting in place thereof the following section:-

Section 3F. (a)(1) The EACC may from time to time designate a project as a certified expansion project, a certified enhanced expansion project, a certified job creation project or a certified manufacturing retention project and take all actions necessary or appropriate thereto, upon:

(i) receipt of a project proposal therefor requesting such designation from the controlling business;

(ii) receipt of a municipal project endorsement which shall include the following findings based on the information submitted with the project proposal and such additional investigation as the municipality shall make:

(A) the project proposal complies with the definition of a project proposal set forth in section 3A;

(B) in the case of an expansion project proposal, the expansion project is consistent with and can reasonably be expected to benefit from the municipality’s plans relative to the project EOA, if applicable;

(C) together with all other projects previously certified and located in the same municipality, will not overburden the municipality’s supporting resources including, but not limited to, those set forth in clause (f) of paragraph (2) of section 3E;

(D) the project proposal includes a workable plan, with precise goals and objectives, by which the controlling business proposes to realize the increased employment objectives for the project and the business’ plan to employ aggressive affirmative action goals, objectives and identification and recruitment techniques and, in the case of an expansion project, the plan for increased employment from among residents of the expansion project ETA, if applicable;

(E) the project proposal contains documentation regarding an agreement, if any, between the controlling business and area banking institutions by which the controlling business agrees to establish accounts in those banks and those banks agree to commit a specified percentage of the funds deposited in the accounts for loans made to businesses located within the expansion project area pursuant to the small business capital access program established pursuant to section 57 of chapter 23A;

(F) the project as described in the proposal, together with the municipal resources committed to the project, will, if certified, have a reasonable chance of increasing or retaining employment opportunities as advanced in the proposal; and

(G) in the case of an expansion project, any municipality in which the expansion project is located or shall be located has offered to enter into a tax increment financing agreement meeting the requirements of subsection (f) or (g) or to provide a special tax assessment meeting the requirements of said subsection (g);

(iii) receipt with the municipal project endorsement of a request by the municipality for a designation of the project as a certified project for a specified number of years which shall be not less than 5 years nor more than 20 years; and

(iv) the following findings are made by the EACC, based on the project proposal, documents submitted therewith, the municipal project endorsement, and such additional investigation as the EACC shall make and incorporate in its minutes, that:

(A) the project proposal complies with the definition of a project proposal set forth in section 3A, with all other applicable statutory requirements and with such other criteria that EACC may prescribe; and

(B) the project as described in the proposal, and as further described in the written determination of the municipality made pursuant to clause (ii) will, if certified, have a reasonable chance of increasing or retaining employment opportunities for residents of the ETA or municipality, as applicable; and

(2) Notwithstanding sections 3 to 3H, inclusive, no certified expansion project shall be required to be located within an ETA or an EOA; provided, however, that an expansion project proposal shall be accompanied by a municipal project endorsement that meets the requirements of clause (ii) of subsection (a).

(b) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than 5 years from the date of certification nor more than: (i) 20 years from such date; or (ii) the number of years requested by the municipality approving the project proposal, whichever is lesser, unless such certification is revoked prior to the expiration of the specified period. The certification of a project shall be revoked only by the EACC and only upon: (1) the petition of the municipality that approved the project proposal, if applicable, if the petition satisfies the authorization requirements for a municipal application or the petition of the director of economic development; and (2) the independent investigation and determination of the EACC that representations made by the controlling business in its project proposal are materially at variance with the conduct of the controlling business subsequent to the certification and such variance is found to frustrate the public purpose that such certification was intended to advance; provided, however, that for an expansion project where the actual number of permanent full-time employees employed by the controlling business at the project is less than 50 per cent of the number of such permanent full-time employees projected in the project proposal, this shall be deemed a material variance for the purpose of a revocation determination. Upon such a revocation, all tax credits available to the controlling business as a result of project certification shall be revoked and forfeited for the year in which revocation occurred and all subsequent years, and the commonwealth, and the municipality, in the case of a certified expansion project, shall have causes of action against the controlling business for the value of any economic benefit received by the controlling business prior or subsequent to such revocation.

Revocation shall take effect on the first day of the tax year in which the material variance occurred, as determined by the EACC.

The revocation of a project certification shall not revoke any benefits due to the project that relate to years prior to the year in which the revocation determination has been made unless the controlling business has not proceeded with the certified project or unless EACC determines that the controlling business made a material misrepresentation in its project proposal, or failed to act in good faith to create and maintain the jobs described in its project proposal. In any such case, both the commonwealth and the municipality shall have causes of action against the controlling business for the value of any economic benefits received subsequent to the date on which the material misrepresentation was made. The commissioner of revenue may, consistent with this paragraph, disallow or recapture any credits, exemptions or other tax benefits allowed by the original certification under this section. The department of revenue shall issue regulations to recapture the value of any credits, exemptions or other tax benefits allowed by the certification under this section.

Annually, not later than the first Wednesday in December, the EACC shall file a report detailing its findings of the review of all certified projects that it evaluated in the prior fiscal year to the commissioner of revenue, to the senate and house chairs of the joint committee on revenue and the senate and house chairs of the joint committee on economic development and emerging technologies.

(c) The EACC shall evaluate and either grant or deny a project proposal within 90 days after its project proposal date and failure to do so by the EACC shall result in approval of the project for a term of 5 years. Approval of a project under this section shall not constitute an approval by the EACC of any tax incentives provided for under chapters 62 and 63.

(d) The EACC may award to a certified project tax credits available under subsection (g) of section 6 of chapter 62 and section 38N of chapter 63. The amount and duration of any such credits awarded shall be based on the following factors:

(i) for expansion projects:

(A) the degree to which the project is expected to generate net new economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise;

(B) the degree to which the project is expected to increase employment opportunities for residents of the project ETA, if applicable, and of the commonwealth; and

(C) the economic need of the project ETA as measured by the income and employment levels of the ETA, if applicable;

(ii) for enhanced expansion projects:

(A) the degree to which the project is expected to generate net economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise; and

(B) the degree to which the project is expected to increase employment opportunities for residents of the commonwealth;

(iii) for manufacturing retention projects:

(A) the degree to which the project is expected to generate economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise; and

(B) the degree to which the project is expected to retain or increase manufacturing employment opportunities for residents in the project gateway municipality and the commonwealth.

(iv) for job creation projects:

(A) the degree to which the project is expected to generate net economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise;

(B) the degree to which the project is expected to increase employment opportunities for residents of the commonwealth; and

(C) the degree to which the project qualifies for certification as an expansion project, an enhanced expansion project or a manufacturing retention project, with the expectation that the EACC will certify a proposed project as a job creation project only if the proposed project does not otherwise qualify for certification.

(e) The EACC may limit any incentive or credit available to a project pursuant to subsection (g) of section 6 of chapter 62 and section 38N of chapter 63 to a specific dollar amount or time duration or in any other manner deemed appropriate by EACC, including limits or restrictions on the right of the controlling business to carry unused credits forward to future tax years.

(f) If a municipal project endorsement includes an offer by a municipality to provide the certified project with tax increment financing, said binding written offer shall contain a tax increment financing agreement adopted in accordance with section 59 of chapter 40. The EACC may approve such tax increment financing plan pursuant to regulations adopted by the EACC. Any such approval shall include a finding, reflected in the EACC’s minutes, that the tax increment financing plan complies with said section 59 of chapter 40 and will further the public purpose of encouraging increased industrial and commercial activity in the commonwealth.

(g)(1) If a municipal project endorsement includes an offer by the municipality to provide the certified project with a special tax assessment, the municipal project endorsement shall include a binding written offer setting forth the following assessment schedule for each parcel of real property in and on which is located and which is otherwise a part of a certified project:

(i) in the first year, an assessment of 0 per cent of the actual assessed valuation of the parcel; provided, however, that such assessment shall be granted for the year designated in the binding written offer;

(ii) in the second year, an assessment of up to 25 per cent of the actual assessed valuation of the parcel;

(iii) in the third year, an assessment of up to 50 per cent of the actual assessed valuation of the parcel;

(iv) in the fourth year, an assessment of up to 75 per cent of the actual assessed valuation of the parcel; and

(v) in subsequent years, assessment of up to 100 per cent of the actual assessed valuation of the parcel.

(2) For the purposes of this subsection, the “municipality’s fiscal year” shall refer to a period of 365 days beginning, in the first instance, with the calendar year in which the assessed property is purchased or acquired by the controlling business or the calendar year in which the assessed property becomes part of a certified project, whichever last occurs; provided, however, that no such written offer from a municipality shall be considered to be binding as aforesaid until it is authorized.

(3) Notwithstanding any provision of this section to the contrary, a municipality may offer a special tax assessment to a controlling business without a certified project if: (i) the municipality makes a formal determination that the controlling business is making an investment that will contribute to economic revitalization of the municipality and will significantly increase employment opportunities for residents of the municipality; (ii) the municipality applies to the EACC for approval of the special tax assessment; and (iii) the EACC makes a formal finding, based on information presented by the municipality and incorporated into its minutes, that the special tax assessment is reasonably necessary to enable the controlling business’s investment and will further the public purpose of encouraging increased industrial and commercial activity in the commonwealth.

SECTION 27. Said chapter 23A is hereby further amended by striking out section 13J, as so appearing, and inserting in place thereof the following section:-

Section 13J. (a) The following offices shall be within the office of travel and tourism: the Massachusetts film office, which shall be the official and lead agency to facilitate motion picture production and development in the commonwealth, and the Massachusetts sports partnership, which shall be the official and lead agency to facilitate and attract major sports events and championships in the commonwealth. All reports shall be made available on the office of travel and tourism’s website.

(b) The Massachusetts sports partnership shall meet on a quarterly basis and shall annually, not later than March 1, report the results of its findings and activities for the preceding year and its recommendations to the clerks of the senate and house of representatives and to the senate and house chairs of the joint committee on tourism, arts and cultural development.

SECTION 28. Said chapter 23A is hereby further amended by inserting after section 13S the following section:-

Section 13T. (a) There shall be a Massachusetts Tourism Trust Fund which shall be administered by the Massachusetts marketing partnership established in section 13A and held by the partnership separate and apart from its other funds. The fund shall be credited in the following phased-in scale:

(i) for fiscal year 2016, 1.25 cents of the 5.7 per cent of the room occupancy excise imposed by section 3 of chapter 64G and section 22 of chapter 546 of the acts of 1969;

(ii) for fiscal year 2017, 1.5 cents of the 5.7 per cent of the room occupancy excise imposed by said section 3 of said chapter 64G and said section 22 of said chapter 546;

(iii) for fiscal year 2018, 1.75 cents of the 5.7 per cent of the room occupancy excise imposed by said section 3 of said chapter 64G and said section 22 of said chapter 546; and

(iv) for fiscal year 2019, 2 cents of the 5.7 per cent of the room occupancy excise imposed by said section 3 of said chapter 64G and said section 22 of said chapter 546.

(b) In addition, the fund shall be credited all revenue as designated under the Gaming Licensing Fund required under clause (6) of subsection (a) of section 93 of chapter 194 of the acts of 2011 and the Gaming Revenue Fund as required by subclause (b) of clause (2) of section 59 of chapter 23K.

(c) All available monies in the fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by the fund in the subsequent fiscal year.

(d) Monies in the fund shall be applied as follows:

(i) 70 per cent to the Massachusetts marketing partnership; and

(ii) 30 per cent to regional tourism councils.

(e) The partnership shall submit a report annually not later than December 31 on the cost-effectiveness of the fund to the clerks of the senate and house of representatives and the joint committee on tourism, arts and cultural development. All reports shall be made available on the office of travel and tourism’s website.The report shall include: (i) expenditures made by the partnership from monies out of the fund to promote tourism; (ii) expenditures made by the partnership on administrative costs in administering the fund; (iii) expenditures made by the regional tourism councils to promote tourism; and (iv) expenditures made by the regional tourism councils on administrative costs.

SECTION 29. Section 63 of said chapter 23A is hereby amended by striking out subsections (a) and (b), as most recently amended by section 4 of chapter 129 of the acts of 2013, and inserting in place thereof the following 2 subsections:-

(a) There shall be in the executive office of housing and economic development a MassWorks infrastructure program: (i) to issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair and other improvements to publicly-owned infrastructure including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit improvements, public parks and spaces within urban renewal districts and pedestrian and bicycle ways; (ii) for commercial and residential transportation and infrastructure development, improvements and various capital investment projects under the growth districts initiative administered by the executive office of housing and economic development; (iii) to assist municipalities to advance projects that support job creation and expansion, housing development and rehabilitation, community development projects, and small town transportation projects authorized under subsection (e); provided, however, that projects supporting smart growth as defined by the commonwealth’s sustainable development principles shall be preferred; and (iv) to match other public and private funding sources to build or rehabilitate transit-oriented housing located within .5 miles of a commuter rail station, subway station, ferry terminal or bus station, at least 25 per cent of which shall be affordable.

(b) Eligible public infrastructure projects authorized by clause (i) of subsection (a) shall be located on public land or on public leasehold, right-of-way or easement. A project that uses grants to municipalities for public infrastructure provided by this section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter 30, chapter 30B and chapter 149.

SECTION 30. Said chapter 23A is hereby further amended by adding the following section:-

Section 65. (a) The secretary of housing and economic development shall establish a financial services advisory council in the executive office of housing and economic development, which shall have the sole purpose of advising the governor or the governor’s designee on policies, strategies and initiatives designed to preserve and advance the competitiveness and leadership of the commonwealth’s financial services industry, including the banking, investment management and insurance sectors.

(b) The council shall be composed of 15 members including: the secretary of housing and economic development, who shall serve as chair; the house and senate chairs of the joint committee on economic development and emerging technologies; the house and senate chairs of the joint committee on financial services; the commissioner of higher education; the executive director of the Massachusetts international trade office established in section 13K; and 8 representatives of the business community who shall be appointed by the secretary of housing and economic development, including representatives of business with at least 2 members from each of the following sectors: banking, investment management and insurance sectors; at 1 business representative shall be from a company whose headquarters is located in Suffolk, Middlesex, Essex, Norfolk or Worcester county; at least 1 business representative shall be from a company whose headquarters is located in Hampshire, Hampden, Franklin or Berkshire county; and at least 1 business representative shall be from a company whose headquarters is located in Bristol, Plymouth, Nantucket, Dukes or Barnstable county. The secretary, in making such appointments, shall consider the size of the business representative’s company, including its employee base within the commonwealth and the amount of assets under management or premiums in force. Business representatives shall be appointed for 2-year terms and may be reappointed without limitation on the number of terms.

(c) The council shall convene at least 3 meetings per calendar year to exchange ideas and develop strategies for business and government to work together to strengthen the financial services industry in areas such as public policy, workforce development, international trade and direct foreign investment and industry promotion.

SECTION 31. Subsection (a) of section 18 of chapter 23D of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following clause:-

(15) provision of research, evaluation and promotion of worker-cooperatives as an alternative means of business ownership.

SECTION 32. Section 1 of chapter 23G of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Economic development project” the following definition:-

“Equity investments”, (i) investments that result in the agency holding a controlling ownership interest in any company; (ii) a membership interest that constitutes controlling voting rights in a company; (iii) a controlling interest in real estate or other assets; (iv) a transaction which in substance falls into any of these categories even though it may be structured as some other form of business transaction; and (v) an equity security; provided, however, that “equity investments” shall not include any of the foregoing if the interest is taken as security for a loan.

SECTION 33. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Financing document” the following definition:-

“Gateway municipality”, a gateway municipality as defined in section 3A of chapter 23A.

SECTION 34. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Sponsor” the following definition:-

“Transformative development”, redevelopment on a scale and character capable of catalyzing significant follow-on private investment, leading over time to transformation of an entire downtown or urban neighborhood and consistent with local plans; provided, that “transformative development” may involve major investment in new construction, rehabilitation and adaptive reuse or multiple smaller investments on a sustained basis.

SECTION 35. Said chapter 23G is hereby further amended by adding the following section:-

Section 46. (a) There shall be established and set up on the books of the commonwealth a Transformative Development Fund within the Massachusetts Development Finance Agency. In carrying out its duties under this section, the agency may utilize the fund as provided in this section to make equity investments and provide technical assistance to revitalize and support residential, commercial, industrial and institutional development, or any combination thereof, and to provide financial assistance to promote collaborative workspaces in gateway municipalities. The fund shall be administered and managed by a fund director who shall be appointed by the executive director of the agency. The agency may adopt guidelines necessary to implement the program. The fund may coordinate with other agencies and instrumentalities of the commonwealth to effectuate this section.

(b) The liabilities and obligations of the fund shall not extend beyond the monies which are deposited in the fund and shall not constitute a debt or pledge of the faith and credit of the commonwealth or any political subdivision of the commonwealth.

(c) Monies in or received for the fund may be deposited with and invested by any institution designated by the treasurer of the agency at the sole discretion of the treasurer and paid as the fund director shall direct. Any return on investment received by the fund as a result of the deposits and the agency’s equity investments shall be deposited and held for the use and benefit of the fund. The treasurer may make payments from the deposit accounts for use under this section. The agency may be reimbursed annually from the fund for all reasonable and necessary direct costs and expenses incurred with its administration, management and operation of the fund, including reasonable staff time, out-of-pocket expenses and administrative costs.

(d) The fund may apply for and accept subventions, grants, loans, advances and contributions from any source of money, property, labor or other things of value to be held, used and applied in furtherance of this section.

(e) The agency shall use the fund to make equity investments in property that the agency has determined has the potential to constitute transformative development in a gateway municipality. With respect to any property acquired by the fund, the agency may pledge its ownership interest, physical assets held by the ownership entity or any portion of the anticipated gross revenue resulting from the equity investments of the fund to secure loans related to development of the property. The agency may not cross-collateralize the fund’s investments in the property.

(f) The fund director shall allocate a portion of the original capitalization of the fund, not to exceed 20 per cent, to provide technical assistance to revitalize and support development in gateway municipalities by utilizing any of the following methods of providing technical assistance: (i) grants to support the hiring of professional staff or professional services by a gateway municipality or any instrumentality of the gateway municipality; (ii) reimbursement for professional staff employed by the agency and embedded in a gateway municipality; (iii) grants to pay for third-party professional services managed by the agency; and (iv) any other variation on the provision of technical assistance consistent with this section.

(g) At its discretion, the agency may allocate the fund’s technical assistance through a competitive process using criteria that include, without limitation, the existence of a long-term economic development strategy, commitment to effective use of the agency’s technical assistance by the municipality and other local partners and the potential for transformative development in the gateway municipality.

(h) The fund director shall allocate a portion of the original capitalization of the fund to support the development in gateway municipalities of collaborative workspaces to spur innovative and creative business growth and economic activity and assist with the redevelopment of underutilized buildings. The program shall: (i) promote the creation of collaborative workspaces by providing financial assistance for capital investments in underutilized buildings; (ii) foster collaboration and linkages among innovative and creative enterprises by providing central locations for such businesses or individuals to work in an environment designed to promote sharing of resources, experience and expertise; (iii) support partnerships among municipalities, property owners and businesses to establish collaborative workspaces; and (iv) require a collaborative workspace to provide shared space which promotes the interaction, socialization and coordination among tenants through the clustering of multiple businesses or individuals within the collaborative workspace. The agency shall, through grants, contracts or loans, administer the program for the purpose of facilitating a collaborative and co-working space to address a regional market demand for affordable work environments that support communication, information sharing and networking opportunities.

(i) Loans or grants made under this program may be made to property owners or collaborative workspace operators for building improvements which shall be utilized by the collaborative workspace participants provided that the use of the fund results in corresponding private investment that matches or exceeds the grants from the fund. In the case of a grant, any participating property owner or collaborative workspace operator shall at least match the investment of the fund. In the case of a loan, the agency shall reasonably anticipate that its loan will leverage additional private investment in the property.

(j) The agency shall solicit applications for financial assistance that promote collaborative workspaces through a request for proposals. The agency shall establish criteria for the submission of applications; provided, however, that the applications shall include, but need not be limited to: (i) a description of the parties involved in the project, including the professional expertise and qualifications of the principals; (ii) a description of the scope of work that shall be undertaken by each party involved in the project; (iii) the proposed budget, including verification of funding from other sources; (iv) a statement of the project objective, including specific information on how the project shall promote the use of the space as collaborative and shared space; (v) a statement that sets forth the implementation plan, the facilities and resources available or needed for the project and the proposed commencement and termination dates of the project; (vi) a description of the expected significance of the project, including a description of the market demand for the type of workspace proposed in the region that the space shall be located and the number of businesses or individuals that shall be served as a result of the project; and (vii) any other information that the agency shall consider necessary. The agency shall also establish guidelines for the review and approval of applications that include preferences for proposals that: (A) redevelop at least 10,000 square feet in existing properties located in the downtown area of a gateway municipality; (ii) dedicate at least 25 per cent of accessible space to collaborative use; and (iii) support a cluster of at least 15 separate occupants.

(k) The agency shall enter into an agreement with each collaborative workspace operator that receives a grant or loan or enters into a contract under this section regarding: (i) performance measures and indicators that shall be used to evaluate the performance of the collaborative workspace operator in carrying out the activities described in the application; and (ii) any other indicators determined to be necessary to evaluate the performance of the eligible entity. Each collaborative workspace operator shall submit an annual report for the agency’s review for the duration of the collaborative workspace operation. The agency shall enter into an agreement with each property owner that receives a grant or loan or enters into a contract under this section regarding the use of funds and the time frame for the use of funds.

(l) The agency shall identify and maintain a list of redevelopment projects within gateway municipalities with the greatest potential to provide substantial local economic growth, job creation, neighborhood revitalization or abandoned and underutilized property reuse. In its investigation, the agency shall prioritize redevelopment projects that may commence promptly after identification. The agency shall outline the economic opportunities at the project sites, describe marketable site uses and describe the benefits of investing in the redevelopment project. The agency shall also describe current impediments facing each identified redevelopment project and outline particular policies and programs in place that provide technical assistance, financing options, permitting aid or any other incentives to pursue redevelopment options.

(m) The agency shall, in coordination with the executive office of housing and economic development, submit an annual report to the clerks of the senate and house of representatives who shall forward the report to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development by December 31. The report shall include a current assessment of the progress of each project funded through the collaborative workspace program and the progress of the participants in the program.

SECTION 36. Section 59 of chapter 23K of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 21 and 22, the words “Fund to fund tourist promotion agencies under clause (c) of section 35J of chapter 10” and inserting in place thereof the following words:- Trust Fund to fund tourist promotion agencies under subsection (b) of section 13T of chapter 23A.

SECTION 37 Chapter 25C of the General Laws is hereby amended by adding the following section:-

Section 8. (a) Notwithstanding chapter 159 or any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service or radio utilities.

(b) Nothing in this section shall be construed to affect or modify:

(i) the authority of the attorney general to apply and enforce chapter 93A and other consumer protection laws of general applicability;

(ii) the authority of the department under sections 18B and 18H of chapter 6A concerning enhanced 911 service, under section 3 of chapter 40A, under section 15E of chapter 166 concerning telephone relay service and under 25A of chapter 166, concering pole attachments;

(iii) the rights and obligations of any carrier under 47 U.S.C. § 251 or 47 U.S.C. §252;

(iv) the authority of the department to administer federal programs supported by the federal Universal Service Fund, including Lifeline and Link-up programs, the E-rate program or Connect America Fund;

(v) the obligations under state or federal law of a carrier classified as an incumbent local exchange carrier, as defined in 47 U.S.C. §251(h), as of January 1, 2014; or

(vi) the authority of the department to receive and refer consumer complaints or to perform consumer education activities.

SECTION 38. Chapter 29 of the General Laws is hereby amended by inserting after section 2KKKK the following 2 sections:-

Section 2LLLL. (a) There shall be established and set up on the books of the commonwealth an Advanced Manufacturing, Technology and Hospitality Training Trust Fund to establish and support training and education programs that address the workforce shortages of the advanced manufacturing, mechanical and technical skills, hospitality and information technology industries, with a goal of training 4000 workers in 4 years to help meet the workforce and talent pipeline needs of employers. The fund shall be administered by the commonwealth corporation in consultation with the executive office of housing and economic development, executive office of labor and workforce development, the department of higher education and the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative; provided, however, that the commonwealth corporation shall make expenditures from the fund without further appropriation; and provided further, that not more than 10 per cent of the amount held in the fund in any 1 year shall be used by the commonwealth corporation for the combined cost of program administration, technical assistance to grantees and program evaluation.

(b) Monies in the fund shall be expended on programs that have at least 1 of the following purposes with a focus on aligning expenditures with industry needs:

(i) identifying, supporting or establishing collaborative regional partnerships including, but not limited to, employers, workforce development and education organizations, regional economic development organizations established under sections 3J and 3K of chapter 23A and economic development officials in every region of the commonwealth where manufacturers have a presence or where the mechanical and technical, hospitality or information technology industries and related occupations demonstrate demand;

(ii) addressing critical workforce shortages in advanced manufacturing, mechanical and technical positions, hospitality or information technology;

(iii) improving employment in the manufacturing, mechanical and technical, hospitality or information technology industries for low-income individuals, women and minorities;

(iv) providing training, educational or career ladder services for currently employed or unemployed manufacturing and information technology workers who are seeking new positions or responsibilities within the manufacturing, mechanical and technical, hospitality or information technology industries;

(v) developing strong career awareness and advising programs for kindergarten to grade 12, inclusive, postsecondary, disconnected youth, underemployed workers and unemployed adults;

(vi) increasing support for internship and apprentice training;

(vii) boosting industry-relevant instructor capacity for high school and postsecondary programs; or

(viii) directing support for succession planning, worker retention and upskilling strategies for older and incumbent workers.

(c) The commonwealth corporation shall establish a competitive grant process for funds expended on programs under subsection (b). Eligible applicants shall include: employers and employer associations; local workforce investment boards; labor organizations; joint labor-management partnerships; community-based organizations; institutions of higher education; kindergarten to grade 12, inclusive, and vocational education institutions; private for-profit and nonprofit organizations providing education and workforce training, 1-stop career centers; local workforce development entities; and any partnership or collaboration between eligible applicants. Expenditures from the fund for such purposes shall complement and not replace existing local, state, private or federal funding for training and educational programs.

(d) A grant proposal submitted under subsection (c) shall include, but not be limited to:

(i) a plan that defines specific goals for advanced manufacturing, mechanical and technical, hospitality or information technology workforce training and educational improvements;

(ii) the evidence-based programs the applicant shall use to meet the goals;

(iii) a budget necessary to implement the plan, including a detailed description of any funding or in-kind contributions applicants will be providing in support of the proposal;

(iv) any other private funding or private sector participation applicants anticipate in support of the proposal; and

(iv) the proposed number of individuals who would be enrolled, complete training and be placed into employment in the targeted industries.

(e) The commonwealth corporation shall, in consultation with the executive office of housing and economic development, the executive office of labor and workforce development, the department of higher education and the Technology Park Corporation doing business as the Massachusetts Technology Collaborative, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented by or authorized by the commonwealth corporation. The commonwealth corporation shall file annual reports for the duration of the programs with the chairs of the house and senate committee on ways and means, the senate and house chairs of the joint committee on labor and workforce development and the senate and house chairs of the joint committee on economic development and emerging technologies by January 1. The report shall include an overview of the activities of the programs, the number of participants in the programs and the employment outcomes in the programs.

Section 2MMMM. There shall be established and set up on the books of the commonwealth a Massachusetts Seafood Marketing Program Fund which shall be administered by the division of marine fisheries. Notwithstanding any general or special law to the contrary, the following monies shall be credited to the fund: (i) a portion of the monies collected from the sale of commercial harvester and dealer permits issued by the division pursuant to chapter 130 in an amount to be determined by the director of marine fisheries not to exceed $250,000 per fiscal year; (ii) any appropriations, grants, gifts or other monies authorized by the general court or other parties and specifically designated to be credited to the fund; and (iii) any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be used without further appropriation for the purpose of developing and administering the seafood marketing program established in section 23 of chapter 21A; provided, however, that program expenditures shall be made in consultation with the department of fish and game and the division and shall be consistent with any program priorities identified by the steering committee established pursuant to said section 23 of said chapter 21A. No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year. The fund shall be exempt from the indirect and fringe benefits that would otherwise be assessed pursuant to chapter 29.

SECTION 39. Section 6D of chapter 40J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

(f) The institute shall identify companies and organizations that are engaged in the development of emerging new technologies associated with health information technology, including web-based and personalized care delivery. The institute shall promote the growth and development of such companies and organizations by supporting the formation of regional health information technology clusters, coordinating the promotion and dissemination of information regarding such companies and organizations, identifying and addressing obstacles to the growth of such companies and organizations and helping to identify alternative funding sources for such companies and organizations for the implementation of their business and marketing plans.

SECTION 40. Said chapter 40J is hereby further amended by inserting after section 6E1/2 the following section:-

Section 6H. There shall be established and set up on the books of the corporation a Big Data Innovation and Workforce Fund. There shall be credited to the fund the proceeds of any bonds or notes of the commonwealth issued for the purpose of the fund and any appropriations designated by the general court. The corporation shall hold the fund in an account separate from other funds, including other funds established under this chapter. Amounts credited to the fund shall be available for expenditure by the corporation without further appropriation for all activities consistent with this section and which support the purposes specified in this section as the corporation may determine are appropriate including, without limitation, grants, contracts and loans. Amounts credited to the fund shall be expended or applied only with the approval of the executive director of the corporation upon consultation with the director of the John Adams Innovation Institute. Amounts credited to the fund shall be used to promote the use of big data, open data and analytics by including, but not limited to: (i) bringing together academia, industry, public sector and private sector organizations to make recommendations regarding how to educate and prepare a workforce for careers in big data including, but not limited to, through continuing education programs, advanced degree programs and community college and science, technology, engineering and math, or STEM, courses to close the skills gap; (ii) providing access to tools and technology to enable academia and industry to analyze open data sets to help identify and solve problems in transportation, public health, energy and other areas of public policy concern and to support economic development; (iii) providing challenge grants that enable departments, agencies and instrumentalities of the commonwealth that utilize big data to solve public policy concerns and to support economic development; and (iv) supporting the development of big data at the Venture Development Center at the University of Massachusetts at Boston. The corporation shall support efforts to develop policies and guidelines to safeguard personally identifiable information.

SECTION 41. Subsection (a) of section 4 of chapter 40V of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out clause (ii).

SECTION 42. Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 843, as so appearing, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

SECTION 43. Said section 6 of said chapter 62 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 42, and inserting in place thereof the following figure:- $5,000,000.

SECTION 44. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 848, as appearing in the 2012 Official Edition, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

SECTION 45. Said section 6 of said chapter 62 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 44, and inserting in place thereof the following figure:- $5,000,000.

SECTION 46. Said section 6 of said chapter 62, as most recently amended by section 54 of chapter 38 of the acts of 2013, is hereby further amended by adding the following subsection:-

(s) (1) A taxpayer primarily engaged in agriculture or farming, as defined in section 1A of chapter 128, on land zoned pursuant to section 3 of chapter 40A or engaged in commercial fishing, which shall include only those landing a minimum of 5,000 pounds of fish per year and possessing either a state or federal fishing permit shall be allowed a credit as provided in this paragraph against the tax liability imposed by this chapter. The amount of the credit shall be 3 per cent of the cost or other basis for federal income tax purposes of qualifying property acquired, constructed, reconstructed or erected during the taxable year after deduction therefrom of any federally authorized tax credit taken with respect to the property. “Qualifying property” shall be tangible personal property and other tangible property, including buildings and structural components of buildings: (i) acquired by purchase as defined in 26 U.S.C. § 179(d), as amended and in effect for the taxable year; (ii) used solely in agriculture, farming or fishing; (iii) not taxable pursuant to chapter 60A; (iv) used by the taxpayer in the commonwealth; (v) situated in the commonwealth on the last day of the taxable year; and (vi) depreciable under 26 U.S.C. § 167 and with a useful life of at least 4 years.

(2) A taxpayer primarily engaged in agriculture or farming, as defined in said section 1A of said chapter 128, on land zoned pursuant to said section 3 of said chapter 40A or in commercial fishing, which shall include only those landing a minimum of 5,000 pounds of fish per year and possessing either a state or federal fishing permit shall be allowed a credit as provided in this paragraph against the tax liability imposed by this chapter. The amount of the credit shall be 3 per cent of the lessor's adjusted basis in qualifying property for federal income tax purposes at the beginning of the lease term, multiplied by a fraction, the numerator of which shall be the number of days of the taxable year during which the lessee leases the qualifying property and the denominator of which shall be the number of days in the useful life of the property. “Useful life” shall be the same as that used by the lessor for depreciation purposes when computing federal income tax liability. “Operating lease” shall be any contract or agreement to lease or rent or for a license to use qualifying property. “Qualifying property” shall be tangible personal property and other personal property, including buildings and structural components of buildings: (i) leased, and not a purchase as defined under 26 U.S.C. § 179(d), as amended and in effect for the taxable year; (ii) used solely in agriculture, farming or fishing; (iii) not taxable under chapter 60A; (iv) used by the lessee in the commonwealth; (v) situated in the commonwealth throughout the entire lease term; and (vi) depreciable by the lessor under 26 U.S.C. § 167 and with a useful life of at least 4 years. The credit shall not be available to a lessee if the lessor has previously received a credit with respect to the leased tangible personal property.

(3) The commissioner shall by regulation require documentation of the lessor and lessee to substantiate a credit claimed pursuant to paragraph (2).

(4) A taxpayer shall not receive a credit under paragraphs (1) or (2) with respect to tangible personal property and other tangible property, including buildings and structural components of buildings, which it leases as a lessor. For the purposes of this paragraph, a contract or agreement to lease or rent or for a license to use such property shall be considered a lease. This paragraph shall not apply to equine-based businesses where care and boarding of horses is a function of the agricultural activity.

(5) With respect to property that is disposed of or ceases to be in qualified use prior to the end of the taxable year in which the credit is to be taken, the amount of the credit shall be that portion of the credit provided for in paragraphs (1) or (2) which represents the ratio which the months of qualified use bear to the months of useful life. If property on which credit has been taken is disposed of or ceases to be in qualified use prior to the end of its useful life, the difference between the credit taken and the credit allowed for actual use must be added back as additional taxes due in the year of disposition; provided, however, that if the property is disposed of or ceases to be in qualified use after it has been in qualified use for more than 12 consecutive years, it shall not be necessary to add back the credit as provided in this subsection. The amount of credit allowed for actual use shall be determined by multiplying the original credit by the ratio which the months of qualified use bear to the months of useful life. For the purposes of this subsection, “useful life of property” shall be the same as that used by the individual for depreciation purposes.

(6) A taxpayer entitled to a credit for any taxable year in accordance with paragraphs (1) to (5), inclusive, may carry over and apply to its tax liability imposed by this chapter for any 1 or more of the next succeeding 3 taxable years the portion, as reduced from year to year, of its credit which exceeds its tax liability imposed by this chapter for the taxable year.

SECTION 47. Clause (i) of paragraph (1) of subsection (b) of section 6J of said chapter 62, as appearing in the 2012 Official Edition, is hereby amended by adding the following words:- ; provided, however, that the Massachusetts historical commission shall ensure the award of tax credits pursuant to this section shall allow a taxpayer that acquires a qualified historic structure to receive any tax credits for qualified rehabilitation expenditures previously awarded to the transferor of the qualified historic structure if: (A) the rehabilitation was not placed in service by the transferor; (B) no credit has been claimed by anyone other than the acquiring taxpayer as verified by the department of revenue to the commission; (C) the taxpayer completes the rehabilitation and obtains certification as provided in this section; and (D) the taxpayer conforms with all other requirements of this section; and provided further, that in the case of a multi-phase project, tax credits may be transferred for any phase that meets the criteria in subclauses (A) to (D), inclusive.

SECTION 48. Chapter 63 of the General Laws is hereby amended by striking out section 38M, as so appearing, and inserting in place thereof the following section:-

Section 38M. (a)(1) A business corporation shall be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the qualified research expenses for the taxable year over the base amount and 15 per cent of the basic research payments determined under subsection (e)(1)(A) of section 41 of the federal Internal Revenue Code.

(2) Other than as provided in paragraph (3), “qualified research expenses”, “basic research payment”, “credit year” and any other term affecting the calculation of the credit shall, unless the context otherwise requires, have the same meanings as under said section 41 of said Code as amended and in effect on August 12, 1991; provided, however, that the terms shall only apply to expenditures for research conducted in the commonwealth.

(2) For the purposes of this subsection, the “base amount” shall be the product of: (i) the average annual gross receipts of the taxpayer for the 4 taxable years preceding the credit year; and (ii) a fixed-base ratio and the “fixed base ratio” shall be the percentage which the average aggregate qualified research expenses for the taxpayer for the third and fourth taxable years preceding the credit year is of the annual average gross receipts for those years; provided, however, that the fixed base ratio shall not exceed 16 per cent.

In determining the amount of the credit allowable under this section, the commissioner of revenue may aggregate the activities of all corporations that are members of a controlled group of corporations as defined by subsection (f)(1)(A) of said section 41 of said Code. The commissioner also may aggregate the activities of all entities, whether or not incorporated, that are under common control as defined by subsection (f)(1)(B) of said section 41 of said Code.

(b) A business corporation may choose to have the credit determined under this subsection rather than under subsection (a). At the election of the taxpayer for calendar years 2015, 2016 and 2017, the amount of the taxpayer's credit shall be equal to 5 per cent of the taxpayer's qualified research expenses for the taxable year that exceeds 50 per cent of the taxpayer's average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. At the election of the taxpayer for calendar years 2018, 2019 and 2020, the amount of the taxpayer’s credit shall be equal to 7 ½ per cent of the taxpayer’s average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. Beginning in calendar year 2021, the amount of the taxpayer’s credit shall be equal to 10 per cent. If the taxpayer did not have qualified research expenses in any 1 of the 3 taxable years preceding the taxable year for which the credit is being determined, the amount of the credit is equal to 5 per cent of the taxpayer's qualified research expense for the taxable year. Under this subsection, “qualified research expenses” and any other terms affecting the calculation of the credit shall, unless the context otherwise requires, have the same meanings as under said section 41 of said Code as amended and in effect on January 1, 2014; provided, however, that the terms shall only apply to expenditures for research conducted in the commonwealth.

(c) For the purposes of section 30, the deduction from gross income that may be taken with respect to any expenditures qualifying for a credit under said section 41 of said Code as amended and in effect on August 12, 1991 shall be based upon its cost less the credit allowable under this section; provided, however, that subsection (c) of section 280C of said Code shall not apply.

(d) The credit allowed under this section for any taxable year shall not reduce the excise to less than the amount due under subsection (b) of section 39, section 67 and under any act in addition thereto.

(e) The credit allowed under this section shall be limited to 100 per cent of a corporation’s first $25,000 of excise, as determined before the allowance of any credits, plus 75 per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner shall promulgate regulations similar to those authorized under subsection (c)(2)(B) of section 38 of said Code for the purposes of apportioning the $25,000 amount among members of a controlled group. Nothing in this section shall alter section 32C as it affects other credits under this chapter.

(f) For a corporation filing a combined return of income under section 32B, a credit generated by an individual member corporation under this section shall first be applied against the excise attributable to the corporation under section 39 subject to the limitations of subsections (d) and (e). An member corporation with an excess research and development credit may apply its excess credit against the excise of another group member to the extent that the other member corporation may use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired credits generated by a member corporation shall be carried over from year to year by the individual corporation that generated the credit. Nothing in this section shall alter paragraph (h) of section 31A.

(g) Any corporation entitled to a credit under this section for any taxable year may carry over and apply to its excise for any 1 or more of the next succeeding 15 taxable years the portion, as reduced from year to year, of its credit which exceeds its excise for the taxable year. Any corporation may carry over and apply to its excise for any subsequent taxable year the portion of those credits, as reduced from year to year, which were not allowed by subsection (e).

(h) The commissioner shall promulgate regulations as necessary to implement this section.

(i) This section shall apply to expenditures incurred on or after January 1, 1991; provided, however, that, in the case of any taxable year which begins before January 1, 1991 and ends before December 31, 1991, the base amount and the qualified organization base period amount with respect to the taxable year shall be the amount that bears the same ratio to the base amount and the qualified organization base period amount for the year, determined without regard to this paragraph, as the number of days in the taxable year on or after January 1, 1991 bears to the total number of days in that taxable year.

(j)(1) The credit allowed by this section, at the election of the taxpayer in accordance with regulations promulgated by the commissioner, may be applied separately with respect to the: (i) qualified research expenses and gross receipts of the taxpayer attributable to defense-related activities; and (ii) qualified research expenses and gross receipts of the taxpayer attributable to other activities.

(2) For the purposes of this subsection, “defense-related activities” shall mean any activity carried out in the commonwealth that relates to the business of researching, developing and producing for sale, pursuant to a contract or subcontract thereof: (i) any arm, ammunition or implement of war designated in the munitions list published pursuant to section 38 of the federal Arms Export Act, 22 U.S.C. § 2778 to the extent that the property shall be specifically designed, modified or equipped for military purposes; and (ii) equipment for the federal National Aeronautics and Space Administration.

(3) This paragraph shall apply to taxable years beginning on or after January 1, 1995.

(k)(1) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and may lead to medical advances or therapeutic applications including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative medicine, RNA interference, stem cell research and veterinary science.

“Person”, a natural person, corporation, association, partnership or other legal entity.

“Taxpayer”, a certified life sciences company or person subject to the taxes imposed by chapters 62, 63, 64H or 64I.

(2) If a credit claimed under this section by a taxpayer exceeds the amount that may otherwise be allowed under this section for a taxable year, 90 per cent of the balance of that credit may, at the option of the taxpayer and to the extent authorized pursuant to the life sciences tax incentive program established in subsection (d) of section 5 of chapter 23I, be refundable to the taxpayer for the taxable year. If the credit balance is refunded to the taxpayer, the credit carryover provisions of paragraph (f) shall not apply.

SECTION 49. Section 38BB of said chapter 63, as so appearing, is hereby amended by striking out, in line 43, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

SECTION 50. Said section 38BB of said chapter 63 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 49, and inserting in place thereof the following figure:- $5,000,000.

SECTION 51. Said section 38BB of said chapter 63, as appearing in the 2012 Official Edition, is hereby further amended by striking out, in line 48, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

SECTION 52. Said section 38BB of said chapter 63 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 51, and inserting in place thereof the following figure:- $5,000,000.

SECTION 53. Section 42B of said chapter 63, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

(d) For the purposes of this section, a limited partnership that is not a business corporation but that would otherwise qualify as a research and development corporation under this section may be considered a research and development corporation when all partners are corporations solely for purposes of claiming the exemptions available to research and development corporations under chapters 64H and 64I.

SECTION 54. Chapter 75 of the General Laws is hereby amended by inserting after section 45A the following section:-

Section 45B. (a) There shall be established and set up on the books of the commonwealth an Innovation Commercialization Seed Fund into which shall be credited any appropriations designated by the general court to be credited to the fund and any monies generated for the fund through corporations or nonprofit entities. The fund shall be administered by the Massachusetts Technology Transfer Center established in section 45 which shall make expenditures from the fund without further appropriation to provide for an initial investment through a competitive grant program to researchers and students at the University of Massachusetts and other public and private designated research universities located in the commonwealth who have invented or developed concepts, goods or services that have commercial potential but have not reached the point of commercialization as determined by the center. The center shall determine guidelines for soliciting proposals. Not less than 50 per cent of the funds under this section shall be reserved for award over the term of each authorization or appropriation, subject to qualification, to the University of Massachusetts. Initial investment grants shall be not be over $50,000 and may be renewed not more than 2 times if necessary as determined by the center. Priority shall be given to concepts, goods or services that create jobs and concepts, goods or services in the commonwealth submitted from researchers that employ and work with students in the research and development of the concept, goods or services. Investments shall be focused on developing technologies that benefit industry sectors of strategic importance to the commonwealth, such as advanced manufacturing, advanced materials, clean energy, communications, cyber security, defense, information technology, life sciences and marine science. The fund shall be used to advance the goals of job growth creation, innovation and economic development which may include, but shall not be limited to, the construction of prototypes, testing, market research and other steps necessary to bring the invention or concept to market in the commonwealth. The fund shall be available to student-driven invention or concepts as long as the students are advised by a member of the faculty at the University of Massachusetts or other research university located in the commonwealth.

(b) The center shall annually file a report with the joint committee on higher education and the senate and house committees on ways and means detailing the grants awarded under this section not later than March 1.

SECTION 55. Section 32J of chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words: “a membership fee separate from.

SECTION 56. Sections 42 and 42A of chapter 93 of the General Laws are hereby repealed.

SECTION 57. The General Laws are hereby amended by inserting after chapter 93K the following chapter:-

Chapter 93L.

UNIFORM TRADE SECRETS ACT

Section 1. This chapter shall be known and may be cited as the Uniform Trade Secrets Act.

Section 2. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:

"Improper means", includes, without limitation, theft, bribery, misrepresentation or breach or inducement of a breach of a confidential relationship or other duty to limit acquisition, disclosure or use of information.

"Misappropriation", (i) the acquisition of a trade secret of another by a person who knows or who has reason to know that the trade secret was acquired by improper means; or

(ii) disclosure or use of a trade secret of another without that person's express or implied consent by a person who:

(A) used improper means to acquire knowledge of the trade secret;

(B) knew or had reason to know at the time of the disclosure or use that knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it, acquired under circumstances giving rise to a duty to limit its acquisition, disclosure or use or derived from or through a person who owed a duty to the person seeking relief to limit its acquisition, disclosure or use; or

(C) before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

"Person", a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

"Trade secret", specified or specifiable information, whether or not fixed in tangible form or embodied in any tangible thing including, but not limited to, a formula, pattern, compilation, program, device, method, technique, process, business strategy or scientific, technical, financial or customer data that: (i) at the time of the alleged misappropriation, derived actual or potential economic value from not being generally known to, and not being readily ascertainable by proper means by, others who may obtain economic value from its acquisition, disclosure or use; and (ii) has at all times been the subject of efforts that are reasonable under the circumstances to give notice that it shall not be, and to ensure that it is not, acquired, disclosed or used without the consent of the person asserting ownership of the trade secret or the person's predecessor in interest.

Section 3. (a) Actual or threatened misappropriation may be enjoined upon equity principles, including a showing that specific information qualifying as a trade secret has been or is threatened to be misappropriated. No injunction shall issue with respect to a trade secret unless the trade secret is specified with sufficient particularity so as to reasonably enable the respondent to prepare a reasonable defense under the circumstances. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from misappropriation.

(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for not longer than the period of time for which use may have been prohibited. Exceptional circumstances shall include, but not be limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Section 4. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant may recover damages for misappropriation of specific information qualifying as a trade secret. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by the imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

Section 5. The court may award reasonable attorneys’ fees to the prevailing party if: (i) a claim of misappropriation is made or defended in bad faith; (ii) a motion to enter or terminate an injunction is made or resisted in bad faith; or (iii) willful and malicious misappropriation exists. In considering an award of attorneys’ fees, the court may take into account the claimant’s specification of trade secrets and the proof that the alleged trade secrets were misappropriated.

Section 6. (a) In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

(b) In an action under this chapter, averments of trade secrets and misappropriation of trade secrets shall be stated with particularity.

Section 7. An action for misappropriation shall be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation shall constitute a single claim.

Section 8. (a) Except as provided in subsection (b), this chapter shall supersede any conflicting laws of the commonwealth providing civil remedies for the misappropriation of a trade secret.

(b) This chapter shall not affect:

(i) contractual remedies; provided, however, that, to the extent contractual remedies are based on or justified by confidentiality of information, confidentiality shall be determined according to the definition of trade secret in section 2;

(ii) remedies based on submissions to governmental units;

(iii) other civil remedies to the extent that they are not based upon misappropriation of a trade secret; or

(iv) criminal remedies, whether or not based upon misappropriation of a trade secret.

Section 9. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

SECTION 58. Section 165 of Chapter 112, as appearing in the 2012 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The board may issue a license to an applicant as an applied behavior analyst; provided, however, that each applicant, in addition to complying with clauses (1) and (2) of the first paragraph shall provide satisfactory evidence to the board that the applicant:

(1) has successfully completed a doctoral degree program from a recognized educational institution in which the doctoral program included a minimum of 60 graduate credit hours in courses related to the study of behavior analysis or a master’s degree program from a recognized educational institution wherein the master’s program included a minimum of 30 graduate credit hours in courses related to the study of behavior analysis, or for individuals with a masters or doctoral degree in another field of human services, successful completion of a board-approved certificate program in behavior analysis from a recognized educational institution combined with the successful completion of an approved course sequence formally approved by the board;

(2) has successfully completed a practicum or supervised experience in the practice of behavior analysis that meets the standards established by the board; and

(3) has successfully passed a board-approved examination related to the principles and independent practice of applied behavior analysis.

SECTION 59. Section 12 of chapter 138 of the General Laws is hereby amended by striking out, in lines 63 to 65, inclusive, as appearing in the 2012 Official Edition, the words “, notwithstanding any limitation on the number of licenses the city or town is authorized to grant in section 17,” and inserting in place thereof the following words:- pursuant to the municipal plan as required by section 17.

SECTION 60. Said section 12 of said chapter 138 is hereby further amended by striking out, in lines 89 and 90, as so appearing, the words “and irrespective of any limitation of number of licenses contained in section seventeen”.

SECTION 61. The sixth paragraph of said section 12 of said chapter 138, as so appearing, is hereby amended by striking out the second sentence.

SECTION 62. Said section 12 of said chapter 138 is hereby further amended by inserting after the word “antemeridian”, in lines 130, and in line 134, the second time it appears, as so appearing, the following words:- , except in a city or town that is serviced by the Massachusetts Bay Transportation Authority’s late-night service as authorized by chapter 161A if the local governing body of such city or town accepts this provision.

SECTION 63. Said section 12 of said chapter 138, as amended by section 16 of chapter 36 of the acts of 2013, is hereby further amended by adding the following 4 paragraphs:-

All licenses issued under this section pursuant to a new license application that is filed after January 1, 2015 shall be non-transferable and a licensing authority shall not approve the transfer of such license.

If the license granted under this section is cancelled, revoked or no longer in use by the license holder, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority.

If a license holder closes or terminates the license holder’s business, or sells or transfers the license holder’s business, the license holder shall return the license physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority. The licensing authority may then in its discretion grant a license to a qualified new applicant at a different location according to the standard for a new license.

A license may be re-issued by the licensing authority at the same location only if an applicant for the license files with the local licensing authority a letter from the department of revenue and any applicable government agency indicating that the license is in good standing with the department and agency and that all applicable taxes, payments, assessments and contributions for unemployment and health insurance have been paid. If a license is granted under this section then cancelled, revoked or no longer in use, and then re-issued to a new applicant at the same location and the prior license holder at that location was reported as delinquent as specified in section 25, the name of the new license applicant shall appear in the place and stead of the former license holder, as of the date of the new license being issued, unless the alcoholic beverages control commission otherwise orders in writing, for good cause, after a hearing with notice to all parties.

SECTION 64. Said chapter 138 is hereby further amended by inserting after section 13 the following section:-

Section 13A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Airline club'', an establishment that is not open to the general public and which is operated by or for an airline at the airport to provide exclusive or special accommodations to members and their guests in accordance with airline policy.

"Airport'', the General Edward Lawrence Logan International Airport.

"Passenger terminals'', the passenger terminals and designated airline clubs within the airport.

"Restricted airport licenses'', licenses for: (i) the sale of all alcoholic beverages to be drunk on the premises within the passenger terminals; and (ii) the sale of wines and malt beverages to be drunk on the premises within the passenger terminals.

(b) The licensing board for the city of Boston may grant restricted airport licenses to common victuallers duly licensed under chapter 140 and operating within the passenger terminals subject to the approval of the alcoholic beverages control commission. Once issued to a licensee within the passenger terminals, the licensing board shall not approve the transfer of a restricted airport license to a location outside of the passenger terminals. A restricted airport license shall be nontransferable to any other person, corporation or organization operating outside the passenger terminals and shall be clearly marked "nontransferable outside the passenger terminals at the airport'' on its face. A restricted airport license, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing board which may then grant that license to a new applicant operating within the passenger terminals, consistent with this section.

SECTION 65. The first paragraph of section 14 of said chapter 138, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Special licenses for the sale of all alcoholic beverages, wines and malt beverages only or either of them may, as determined by the municipality, be issued by the local licensing authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise.

SECTION 66. Section 15 of said chapter 138, as so appearing, is hereby amended by inserting after the fourth paragraph the following paragraph:-

Any person or entity who holds licenses under both this section and section 18 or 19, which licenses were granted prior to January 1, 2011, may obtain licenses under this section in accordance with the other provisions of this section.

SECTION 67. Section 16A of said chapter 138, as so appearing, is hereby amended by striking out, in line 11, the word “so” and inserting in place thereof the following words:- as determined by a municipality to be.

SECTION 68. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “, to the extent that the same are issuable under section seventeen”.

SECTION 69. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in line 18, the words “for the purposes of section seventeen”.

SECTION 70. Said chapter 138 is hereby amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-

Section 17. A city or town, except the city of Boston, shall determine the number of all alcoholic beverage or wines and malt beverage licenses to be issued by its local licensing authority under sections 12, 14and 15F, including the number of seasonal licenses; provided, that for licenses issued under section 15, cities and towns, except the city of Boston, may grant 1 such license for each population unit of 5,000 or any additional fraction thereof but may, regardless of population, grant at least 2 licenses under section 15.

A city or town, except the city of Boston, that seeks to grant additional licenses on or after July 1, 2014 shall adopt a plan that is approved by the mayor, city council or board of selectmen. The plan shall determine the process for granting additional licenses; provided, however, that: (i) at least 1 public hearing regarding the plan shall be conducted by the city council, board of selectmen or governing body of the city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of the public hearing.

The governing body of each city or town, except the city of Boston, shall hold a public hearing regarding a license application within 30 days of the date of the license application.

Unless expressly authorized by this chapter, a local licensing authority shall not grant licenses to any person, firm or corporation under more than 1 section of this chapter.

The licensing board for the city of Boston may grant 692 licenses for the sale of all alcoholic beverages under section 12; provided, however, that no further original licenses under said section 12 shall be granted until the number of licenses outstanding thereunder shall have been reduced to less than 650 by cancellation or revocation or by the failure of holders of such licenses to apply for renewals and, thereafter, not more 650 licenses under said section 12 shall be granted. The board may grant 250 licenses for the sale of all alcoholic beverages under section 15. The number of licenses for the sale of wines and malt beverages only, or both, in the city under said section 15 shall not exceed 320. The transfer of existing licenses shall be subject to a public hearing in the neighborhood in which the license is to be relocated, properly advertised and at an appropriate time to afford that neighborhood an opportunity to be present.

The licensing board of the city of Boston may grant up to 45 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and up to 35 additional licenses for the sale of wines and malt beverages to drunk on the premises. Notwithstanding the first sentence, 5 of the additional all alcoholic beverages licenses shall be granted only to innholders duly licensed under chapter 140 to conduct a hotel and 10 of the additional all alcoholic beverages licenses shall be granted to existing holders of licenses for the sale of wines and malt beverages under section 12 provided that those licensees return to the licensing board,the licenses that they currently hold. The remaining licenses for the sale of all alcoholic beverages to be drunk on the premises and the 35 additional licenses for the sale of wines and malt beverages to be drunk on the premises shall be granted in the areas designated by the Boston Redevelopment Authority as main street districts, urban renewal areas, empowerment zones or municipal harbor plan areas. Once issued to a licensee in a Boston Redevelopment Authority designated area, the licensing board shall not approve the transfer of that license to a location outside of the designated area. A license granted pursuant to this paragraph shall be nontransferable to any other person, corporation or organization and shall be clearly marked nontransferable on its face. A license issued under this paragraph, that is cancelled, revoked or no longer in use, shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board and the licensing board may then grant that license to a new applicant consistent with the criteria set forth in this paragraph if the applicant files with the licensing board a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.

In addition to the licenses granted pursuant to the preceding 2 paragraphs, the licensing board of the city of Boston may grant up to 20 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and up to 5 additional licenses for the sale of wines and malt beverages to be drunk on the premises under section 12. A license granted pursuant to this paragraph shall be nontransferable to any other person, corporation or organization and shall be clearly marked “nontransferable” on its face. A license issued under this paragraph, if cancelled, revoked or no longer in use at the location of original issuance, shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board which may then grant that license to a new applicant under the same conditions as specified in this paragraph if the applicant files with the licensing board a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.

SECTION 71. The sixth paragraph of said section 17 of said chapter 138, as appearing in section 70, is hereby amended by striking out the figure “45” and inserting in place thereof the following figure:- 65.

SECTION 72. Said sixth paragraph of said section 17 of said chapter 138 is hereby further amended by striking out the figure “65”, inserted by section 71, and inserting in place thereof the following figure:- 85.

SECTION 73. Said sixth paragraph of said section 17, as appearing in section 70, is hereby by striking out the figure “35”, each time it appears, and inserting in place thereof, in each instance, the following figure:- 40.

SECTION 74. Said sixth paragraph of said section 17 of said chapter 138 is hereby further amended by striking out the figure “40”, inserted by section 73, each time it appears, and inserting in place thereof, in each instance, the following figure:- 45.

SECTION 75. The first sentence of the last paragraph of said section 17 of said chapter 138, as appearing in section 70, is hereby amended by striking out the figure “20” and inserting in place thereof the following figure:- 40.

SECTION 76. Said first sentence of said last paragraph of said section 17 of said chapter 138 is hereby further amended by striking out the figure “40”, inserted by section 75, and inserting in place thereof the following figure:- 60.

SECTION 77. Said first sentence of said last paragraph of said section 17 of said chapter 138, as appearing in section 70, is hereby amended by striking out the figure “5” and inserting in place thereof the following figure:- 10.

SECTION 78. Said first sentence of said last paragraph of said section 17 of said chapter 138 is hereby further amended by striking out the figure “10”, inserted by section 77, and inserting in place thereof the following figure:- 15.

SECTION 79. Sections 17A to 17C, inclusive, of said chapter 138 are hereby repealed.

SECTION 80. Section 29 of said chapter 138, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 20 to 23, inclusive, the words “; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen”.

SECTION 81. Chapter 149 of the General Laws is hereby amended by inserting after section 24J the following section:-

Section 24L. (a) As used in this section, the following words shall have the following meanings:

“Employee”, an individual who is considered an employee under section 148B.

“Employee noncompetition agreement”, an agreement between an employer and employee, or otherwise arising out of an existing or anticipated employment relationship, under which the employee or expected employee agrees that the employee will not engage in certain activities competitive with the employee's employer after the employment relationship has ended; provided, that "employee noncompetition agreements" shall include forfeiture for competition agreements, but shall not include (i) covenants not to solicit or hire employees of the employer; (ii) covenants not to solicit or transact business with customers of the employer; (iii) noncompetition agreements made in connection with the sale of a business or substantially all of the assets of a business, when the party restricted by the noncompetition agreement is an owner of at least a 5 per cent interest of the business who received significant consideration for the sale; (iv) noncompetition agreements outside of an employment relationship; (v) forfeiture agreements; (vi) nondisclosure agreements; (vii) invention assignment agreements; (viii) garden leave agreements; (ix) noncompetition agreements made in connection with the cessation of employment; or (x) agreements by which an employee agrees to not reapply for employment to the same employer after termination of the employee.

“Forfeiture agreement”, an agreement that imposes adverse financial consequences on a former employee as a result of the termination of an employment relationship, regardless of whether the employee engages in competitive activities following cessation of the employment relationship; provided, that "forfeiture agreements" shall not include forfeiture for competition agreements.

“Forfeiture for competition agreement”, an agreement that by its terms or through the manner in which it is enforced imposes adverse financial consequences on a former employee as a result of the termination of an employment relationship if the employee engages in competitive activities.

“Garden leave agreement”, a type of employee noncompetition agreement by which an employer agrees to pay the employee during the restricted period; provided, that a "garden leave agreement" (i) shall provide for the payment, on a pro-rata basis during the entirety of the restricted period, of at least 50 per cent of the employee’s highest annualized base salary paid by the employer within the 2 years preceding the employee’s termination and (ii) shall not permit an employer to unilaterally discontinue or otherwise fail or refuse to make the payments, even if the employer voluntarily shortens the restricted period.

“Restricted period”, the period of time after the date of cessation of employment during which an employee is restricted by an employee noncompetition agreement from engaging in activities competitive with the employee's employer.

(b) To be valid and enforceable, an employee noncompetition agreement shall meet the minimum requirements of clauses (i) to (iii), inclusive, andshall meet or be capable of being reformed to meet the minimum requirements in clauses (iv) to (viii), inclusive.

(i) The agreement shall be in writing and signed by both the employer and employee and expressly state that the employee has the right to consult with counsel prior to signing.

(ii) The agreement shall, to the extent reasonably feasible, be provided to the employee by the earlier of 5 business days before the commencement of the employee’s employment or when any formal offer of employment is first made to the employee.

(iii) If the employee and employer enter into the agreement after commencement of employment but not in connection with the separation from employment, it shall be supported by fair and reasonable consideration in addition to the continuation of employment, and notice of the agreement shall be provided at least 10 business days before the effective date of the agreement. If the employee and employer enter into the agreement in connection with the separation from employment of the employee, the agreement shall expressly provide the employee with 7 days to rescind acceptance.

(iv) The agreement shall be necessary to protect 1 or more of the following legitimate business interests of the employer: (A) the employer’s trade secrets, as defined in section 1 of chapter 93K, to which the employee had access while employed; (B) the employer’s confidential information that otherwise would not qualify as a trade secret; or (C) the employer’s goodwill.

(v) The agreement shall be reasonable in duration in relation to the interests protected and the duration of actual employment. A stated restricted period of not more than 6 months shall be presumptively reasonable.

(vi) The agreement shall be reasonable in geographic reach in relation to the interests protected. A geographic reach that is limited to only the geographic area in which the employee, during any time within the last 2 years of employment, provided services or had a material presence or influence shall be presumptively reasonable.

(vii) The agreement shall be reasonable in the scope of proscribed activities in relation to the interests protected. A restriction on activities that protects a legitimate business interest and is limited to only the specific types of services provided by the employee at any time during the last 2 years of employment shall be presumptively reasonable.

(viii) The agreement shall be consonant with public policy.

(c) No employee noncompetition agreement shall be enforceable against an employee who is nonexempt under the Fair Labor Standards Act, 29 U.S.C. 201-219. This section shall not render void or unenforceable the remainder of the contract or agreement containing the unenforceable noncompetition agreement, nor shall it preclude the imposition of a noncompetition restriction by a court, whether through preliminary or permanent injunctive relief or otherwise, as a remedy for a breach of another agreement.

(d) Notwithstanding anything in this section to the contrary, a court may, in its discretion, reform an employee noncompetition agreement so as to render it valid and enforceable, provided, however, that a court may reform the duration, the scope of proscribed activities and the geographic reach only if the provision to be reformed was either presumptively reasonable under subsection (b) or the employer made objectively reasonable efforts to draft the particular provision so that it would be presumptively reasonable under subsection (b). A court may decline to enforce some or all of the restrictions in an otherwise valid and enforceable employee noncompetition agreement if necessary to prevent injustice or an unduly harsh result, including those arising from the employee’s economic circumstances or based on any other common law or statutory legal or equitable defense or doctrine.

(e) No choice of law provision that would have the effect of avoiding the requirements of this section shall be enforceable if the employee is, and has been for at least 30 days immediately preceding the employee's cessation of employment, a resident of or employed in the commonwealth at the time of the employee's termination of employment.

(f) This section may be cited as the Massachusetts noncompetition agreement act.

SECTION 82. Section 27H of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “the cleaning and maintenance of” and inserting in place thereof the following words:- cleaning, maintenance or security guard services in.

SECTION 83. Said section 27H of said chapter 149, as so appearing, is hereby further amended by inserting after the word “maintenance”, in line 6, the following words:- , security guard.

SECTION 84. Sections 12A to 12D, inclusive, of chapter 159 of the General Laws are hereby repealed.

SECTION 85. Section 14A of said chapter 159 is hereby repealed.

SECTION 86. Section 19 of chapter 159 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The department may exempt any common carrier from any provision of this section upon a determination by the department after notice and a hearing that such an exemption is in the public interest.

SECTION 87. Said chapter 159 is hereby further amended by inserting after section 19E the following section:-

Section 19F. (a) Notwithstanding section 19, a common carrier furnishing service described in clause (d) of section 12 may post on its website the rates, terms and conditions of any retail service it offers, renders or furnishes within the commonwealth. Section 19 shall not apply to any such retail service so posted and no such common carrier shall be required to file with the department or obtain department approval of any schedule for such service. No such common carrier shall, except as otherwise provided in this chapter, charge, demand, exact, receive or collect a rate in excess of the rate posted to its website under this paragraph. Upon written notice to the department, such common carrier may withdraw any schedule, contract or agreement previously filed with the department under section 19 for any such retail service so posted under this paragraph. This subsection shall not apply to a rural telephone company as defined in 47 U.S.C. § 153 except upon approval of the department. Nothing in this section shall affect the authority of the department (i) to require 30 days’ notice to any affected consumer of any increase in rates for retail services so posted; (ii) to require its prior approval of any increase in rates for residential basic exchange service offered by an incumbent local exchange carrier, as defined in 47 U.S.C. § 251(h); (iii) under sections 13, 14 and 20; or (iv) over switched access or wholesale services.

(b) Common carriers shall electronically notify the department on the same business day of posting any change in rates and terms or conditions for a retail service posted under this section and not subject to section 19, unless the department exempts a common carrier from this subsection.

SECTION 88. Chapter 183A of the General Laws is hereby amended by striking out section 16, as so appearing, and inserting in place thereof the following section:-

Section 16. The owners of any land may submit the land under this chapter by the recording in the registry of deeds of a master deed or, if the land is registered under chapter 185 and the owners do not wish to withdraw the land from the operations of said chapter 185, by filing the master deed under said chapter 185. If the whole or a portion of the land submitted under this chapter is registered land under said chapter 185, the recording of a master deed shall be a sufficient ground for withdrawal of the registered land from said chapter 185.

SECTION 89. Chapter 185 of the General Laws is hereby amended by striking out section 52, as so appearing, and inserting in place thereof the following section:-

Section 52. The obtaining of a judgment of registration and the entry of a certificate of title shall be regarded as an agreement running with the land and binding upon the plaintiff and the plaintiff’s successors in title that the land shall be and forever remain registered land and subject to this chapter unless withdrawn under this section or section 16 of chapter 183A and except as provided in section 26.

If all of a parcel of land, the title to which is registered under this chapter, is acquired by the commonwealth, any agency, department, board, commission or authority of the commonwealth, any political subdivision of the commonwealth or any authority of any political subdivision of the commonwealth, the acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter. The land shall be withdrawn upon the filing of a complaint with the court by the public entity that has acquired the registered land and the approval of the complaint by the court.

All of the owners of the fee simple estate in all of a parcel of land, the title to which has been registered under this chapter, may voluntarily withdraw the registered land from this chapter by filing a notice of voluntary withdrawal endorsed by a justice of the land court as provided in this section in the registry district of the land court where the land lies. The notice of voluntary withdrawal shall be noted on the memorandum of encumbrances for the certificate of title. Upon the filing of the notice, the land shall be withdrawn from this chapter and shall become unregistered land. The owners shall hold title to the land at the time of the filing free of all liens and encumbrances existing as of the time of filing of the notice, including adverse possession and prescriptive rights, as though a judgment of confirmation without registration effective as of the time of filing of the notice had been recorded under section 56A; provided, however, that the owners shall not hold title free of the encumbrances set forth or referred to in section 46 and those noted on the certificate of title or filed for registration before the filing of the notice of voluntary withdrawal.

As used in this section, “notice of voluntary withdrawal” shall mean an instrument in writing signed and acknowledged by all owners of the land to be voluntarily withdrawn and contains the following information: names and addresses of all owners; the certificate of title number with the registration book and page numbers; the description of the land in the form contained in the certificate of title; and the street address of the land, if any; provided, however, that the notice bears the endorsement of a justice of the land court approving the voluntary withdrawal as provided in this section. Upon filing with the land court of a complaint to withdraw land, the plaintiff shall deposit with the recorder a sum sufficient to cover costs of the proceeding. The court shall appoint 1 of the examiners of title, who shall report to the court the identity of the current record owners and all mortgagees and lessees with interests of record in the land. Unless, after notice is given to the mortgagees and lessees of record, an outstanding objection has been filed by a mortgagee or lessee of record, a justice of the land court shall approve the application and shall endorse the plaintiff’s notice of voluntary withdrawal if: (i) the registered land constitutes less than all of the total area of a single parcel or of 2 or more contiguous parcels in common ownership; (ii) the registered land consists of less than 10 per cent of the portion of the land area to which an original certificate of title pertains and the rest of the land area to which that certificate pertains was conveyed under this chapter since the original registration; (iii) the owners of the registered land have submitted the land or satisfy the court that the owners shall submit the land to chapter 183A or 183B or shall create interests in the land to which said chapter 183B is applicable under section 3 of chapter 760 of the acts of 1987 or satisfy the court that the owners shall create those interests; (iv) the owners of the registered land establish that the registered land is improved with an occupied building not used or occupied as or in connection with, and not designed or intended for use or occupancy as or in connection with, a 1-to-4 family residential dwelling; or (v) the court finds that the owners of the registered land have demonstrated other good cause for withdrawal under this section including, but not limited to, economic hardship by reason of the land being registered which may include the burdens and expenses of further dividing the registered land into lots for separate conveyance. Notwithstanding any outstanding objection, the application may be approved unless the court determines there is good cause for the objection.

The justices of the land court shall establish rules and practices, including an appropriate filing fee for the application, as are necessary to implement this section.

SECTION 90. Section 62 of said chapter 185, as so appearing, is hereby amended by inserting after the word “shall”, in line 7, the following words:- or by the presentation of a deed or other instrument executed on behalf of a corporation by persons falsely purporting to be the president, vice president, treasurer or assistant treasurer of the corporation.

SECTION 91. Section 5 of chapter 293 of the acts of 2006, as amended by section 60 of chapter 238 of the acts of 2012, is hereby further amended by inserting after the definition of “State infrastructure development assistance” the following definition:-

“Transformative redevelopment project”, a commercial or multi-family housing project in a gateway municipality as defined in section 3A of chapter 23A of the General Laws or in a gateway neighborhood; provided, however, that a "“gateway neighborhood” shall be identified and defined from time to time as a section of an established municipality that falls within a United States Census Bureau tract that has been designated as a new market tax credit eligible district.

SECTION 92. The General Laws are hereby amended by inserting after chapter 183C the following chapter:-

CHAPTER 183D

LANDOWNER'S TITLE PROTECTION ACT

Section 1. This chapter shall be known and may be cited as the Landowner's Title Protection Act.

Section 2. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

"Decree", a decree, judgment or order of any court of the commonwealth including, but not limited to, a decree, judgment or order of the superior court or land court affecting an interest in land or a decree of judgment of the probate court allowing a will or appointing an administrator.

"Deed", any type of instrument of conveyance, except a mortgage or a tax taking by a municipality including, but not limited to: (i) a grant of easement, a warranty, quitclaim, release, foreclosure, fiduciary or commissioner's deed,or a sheriff's deed or tax collector's deed recorded subsequent to foreclosure of the right of redemption; or (ii) a treasurer's deed of low value land held under tax title, which is recorded subsequent to recording of a decree establishing title pursuant to section 80B of chapter 60, and 1 year has elapsed since entry of the decree, or as to which a period of more than 20 years has elapsed after recording, in either case without any petition to vacate having been timely filed.

"Land", a parcel or tract of unregistered land in the commonwealth, together with any buildings and other improvements thereon, unless such buildings or other improvements are expressly excepted therefrom.

"Origin of title", a title transaction, other than a devise or probate court decree as to an intestacy or the allowance of a will, in the chain of title, containing language or, in the case of a decree, provisions sufficient to create or transfer the interest in land which forms the basis for the title to such land and which was the most recent as of that date which is the beginning of the sufficiency period prior to the date on which the sufficiency is being determined.

"Recorded", recorded in the appropriate registry of deeds or filed in the appropriate registry of probate.

"Records", records of the registry of deeds for the county or district in which the land is located and of any registry of probate.

"Sufficiency Period", 50 years, except in those cases where a longer period is required pursuant to subsection (b) of section 3.

"Title transaction", a transaction affecting title to an interest in land including, but not limited to, a deed, grant, release, devise, instrument of taking by eminent domain, decree foreclosing redemption from a tax taking and other decree.

Section 3. (a) A person having an interest in land who has an unbroken chain of title to such interest for the sufficiency period or more shall be deemed to have a good and clear record and marketable title to that interest, subject only to section 4. An unbroken chain of title shall exist when the records disclose: (i) the origin of title; and (ii) nothing in the records within or subsequent to the origin of title which purports to divest the person claiming the interest.

(b) If, within the 50 years preceding the date on which the sufficiency of title is being determined there appears to have been no title transaction, other than a devise or probate court decree as to an intestacy or the allowance of a will, relating to such interest or the land it affects, the sufficiency period shall be 75 years.

Section 4. A good and clear record and marketable title shall be subject to:

(i) any interest or encumbrance that is created by a title transaction and is within the chain of title on or subsequent to the effective date of the origin of title.

(ii) any interest or encumbrance which is created by a title transaction prior to the effective date of the origin of title only if the origin of title or subsequent recorded instrument specifically identifies either such prior interest or encumbrance or the instrument in the records wherein the interest or encumbrance was created, but a general reference to a title source such as "for our title see", or "said land is the same described in" or general phrases such as "subject to any rights, easements, restrictions and other matters, of record" or words or phrases of similar import shall not be deemed a specific identification therein so as to preserve such interest or encumbrance;

(iii) any right or easement granted to owners abutting private ways under section 5 of chapter 187;

(iv) any right or easement granted, excepted or reserved by any instrument, if there is evidence of the existence of such right or easement beneath, upon or above any part of the land described in such instrument, whether or not observable on or above the ground;

(v) any right or easement granted, excepted or reserved by any instrument, if there is evidence of the use of such right or easement upon any part of the land;

(vi) any interest or easement of any public utility corporation or any public service corporation organized and existing under chapter 158 or chapter 164;

(vii) any reversionary interest of a lessor or any interest of a successor of any lessor at the expiration of a lease;

(viii) any interest of the United States, the commonwealth or any political subdivision, agency, authority or instrumentality of the commonwealth, in land formerly used by railroads, whether there are recorded easements or not;

(ix) the rights of any person arising from a 20-year period of adverse possession or prescriptive use, which period was in whole or in part subsequent to the date of origin of title;

(x) conservation, preservation, agricultural preservation and affordable housing restrictions exempted under clause (c) of the first paragraph of section 26 of chapter 184;

(xi) any interest or instrument of record which has been created pursuant to section 6 of chapter 21E;

(xii) any liens created pursuant to section 13 of said chapter 21E;

(xiii) any restriction, easement, condition or license held by any governmental body, as defined in section 26 of chapter 184, if the instrument imposing such restriction, easement, condition or license is duly recorded and indexed in the grantor index in the registry of deeds or registered in the registry district of the land court for the county or district wherein the land lies so as to affect its title and describes the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries; and

(xiv) all interests preserved in chapter 185.

Section 5. Except as provided in section 4, all interests, the existence of which depend upon any title transaction that occurred prior to the effective date of the origin of title, however denominated, whether legal or equitable, present or future, which interests may be asserted by any person, whether or not under a disability including, but not limited to, all rights of redemption in the case of a taking or sale for the nonpayment of real estate taxes, shall be null and void with respect to the interest specified in section 3.

Section 6. Notwithstanding sections 1 to 5, inclusive, any person to whom a decree of confirmation under chapter 185 has been issued shall be deemed to have a good and clear record and marketable title as of the effective date of such decree, subject only to the matters set forth in such decree and the matters enumerated in section 46 of chapter 185.

Section 7. This chapter shall be liberally construed to effectuate the legislative purpose of simplifying and facilitating title transactions by allowing persons to rely on a record chain of title as described in section 3, subject only to the limitations in section 4.

Section 8. Except as specifically provided in this chapter, nothing in this chapter shall be construed to change the period for bringing an action or for doing any other required act under any statute of limitations or to affect the operations of any statute governing the effect of the recording or the failure to record an instrument affecting land.

SECTION 93. Chapter 291 of the acts of 1906 is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. The mayor of the city of Boston shall appoint 3 residents of the city of Boston who shall constitute a licensing board for the city and who shall be sworn to the faithful performance of the duties of their office before entering the same.

The members of the board shall not be in the employ of any person or corporation engaged in the manufacture or sale of alcoholic beverages or in any way, directly or indirectly, pecuniarily interested in the manufacture or sale of alcoholic beverages or in any business which requires a license to be issued by the licensing board. If any member of the board engages directly or indirectly in the manufacture or sale of alcoholic beverages, the member’s office shall immediately become vacant.

One member of the board shall be designated by the mayor to serve as chair and 2 members shall constitute a quorum. Board members shall serve 6-year terms, staggered such that they expire every 2 years on the first Monday of June. Upon the expiration of the term of any member of the board, the mayor shall appoint a successor for the term of 6 years. Vacancies on the board shall be filled by the mayor for the remainder of the unexpired term. The members of the board may be removed by the mayor for cause, after charges preferred, reasonable notice thereof and a hearing thereon; provided, however, that the mayor shall, in the order of removal, state the mayor’s reasons therefor. A member of the board may appeal such a removal notice in accordance with section 5 of chapter 138 of the General Laws. The board shall appoint a secretary, who shall be exempt from the civil service law, who shall be sworn to the faithful performance of the duties of the secretary’s office. The secretary shall keep a record of all proceedings of the board, issue all notices and attest such papers and orders as the board shall direct. The secretary’s term of office shall be 6 years; provided, however, that the secretary may be removed by the board for such cause as the board shall deem sufficient. Such cause shall be stated in the board’s order of removal.

SECTION 94. Said chapter 291 is hereby further amended by striking out section 5 and inserting in place thereof the following section:-

Section 5. The licensing board of the city of Boston shall keep a record of its doings and hearings and shall make a quarterly report of its doings to the mayor. The board may require any statement which may be made before it and any papers which may be filed with it relative to applications for licenses to be sworn to and, for such purposes, any member may administer oaths.

SECTION 95. Subsection (d) of section 7 of chapter 293 of the acts of 2006 is hereby amended by striking out the figure "$325,000,000", inserted by section 61 of chapter 238 of the acts of 2012, and inserting in place thereof the following figure:- $600,000,000.

SECTION 96. The second sentence of subsection (e) of said section 7 of said chapter 293 is hereby amended by striking out the figure "3", inserted by section 62 of said chapter 238, and inserting in place thereof the following figure:- 8.

SECTION 97. Section 7 of said chapter 293, as so amended, is hereby further amended by adding the following subsection:-

(f) Not more than $50,000,000 shall be expended for transformative redevelopment projects certified under section 11B; provided, however, that 80 per cent of the funds shall be expended for projects in gateway municipalities.

SECTION 98. Said chapter 293 is hereby further amended by inserting after section 11A, as most recently amended by section 11 of chapter 52 of the acts of 2014, the following section:-

Section 11B. (a) Notwithstanding clause (iii) of subsection (c) of section 7 or any other general or special law to the contrary, the secretary may certify a transformative redevelopment project and may authorize the agency to issue taxable or tax-exempt short-term bonds or bond anticipation notes equal to the amount of construction period sales and income tax revenue attributable to the project as certified by the secretary.

(b) Upon the certification of a transformative redevelopment project, the commonwealth, acting by and through the secretary, the agency and developer shall enter into a transformative redevelopment project assistance agreement. In addition to any other requirements provided in this section or any rules, regulations or guidelines promulgated by the secretary, the transformative redevelopment project assistance agreement shall at a minimum provide that: (i) the developer shall construct the project before any bond or bond anticipation note shall be issued by the agency; and (ii) the developer shall certify that the applicable sales and income taxes have been paid.

SECTION 99. Sections 2, 3, 5, 6, 9 and 10 of chapter 193 of the acts of 2011 are hereby repealed.

SECTION 100. Clause (6) of subsection (a) of section 93 of chapter 194 of the acts of 2011 is hereby amended by striking out the words “Fund established in section 35J of chapter 10” and inserting in place thereof the following words:- Trust Fund established in subsection (b) of section 13T of chapter 23A.

SECTION 101. Section 10 of chapter 223 of the acts of 2012 is hereby amended by striking out the figure “2014”, each time it appears, and inserting in place thereof the figure:- 2016.

SECTION 102. Chapter 429 of the Acts of 2012 is hereby amended by striking out Section 10 and inserting in place thereof the following section:-

Section 10. Notwithstanding section 165 of chapter 112 of the General Laws, an applicant who applies to be licensed as an applied behavior analyst within 24 months after the promulgation of rules and regulations under section 12 may be granted status as a licensed applied behavior analyst, subject to the approval of the board of registration of allied mental health and human services professions, if: (i) the applicant is a board-certified behavior analyst certificant of the Behavior Analysis Certification Board; (ii) the applicant has graduated with a doctoral degree from a recognized educational institution and the doctoral program included a minimum of 60 graduate credit hours in courses related to the study of applied behavior analysis; (iii) the applicant has graduated with a master's degree from a recognized educational institution and the master's program included a minimum of 30 graduate credit hours in courses related to the study of behavior analysis or (iv) the applicant has graduated with a masters or doctoral degree in another field of human services and has successfully completed a certificate program in behavior analysis from a recognized educational institution, and can demonstrate that the applicant has practiced as an applied behavior analyst full-time or equivalent part-time for a minimum of 5 years. An applicant who is granted a license under this section may renew the license biennially if the applicant completes and, when requested, provides evidence to the board of such completion of the prescribed minimum number of hours of continuing education.

SECTION 103. Section 11 of Chapter 429 of the Acts of 2012 is hereby amended by striking out the word “4” and inserting in place thereof the following word:- “24”.

SECTION 104. (a) Notwithstanding any general or special law to the contrary, the chief information officer of the commonwealth shall meet not less frequently than monthly with each secretariat or their designees to determine best practices, experiences, obstacles and opportunities in each of the executive offices and shall make recommendations for collaboration among the executive offices to improve sharing and analysis of data in order to provide better and more efficient services to the residents of the commonwealth. Each secretary, in consultation with the chief information officer, shall identify information technology-related activities and supporting financial functions common to the state agencies within the executive office and shall designate such functions as core information technology functions to improve administrative efficiency and preserve fiscal resources.

(b) The chief information officer, in consultation with each secretary, shall submit an annual report detailing its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representative and the senate and house chairs of the joint committee on economic development and emerging technologies not later than March 1.

SECTION 105. Notwithstanding any general or special law to the contrary, the Massachusetts Development Finance Agency established in chapter 23G of the General Laws shall conduct an investigation and study of the viability, fiscal impact, potential benefits, statutory and regulatory barriers and anticipated results of establishing a Designated Port Area Fund in order to make loans for the design, construction, repair, renovation, rehabilitation or other capital improvement of existing commercial and marine industrial infrastructure and commercial and public maritime transportation infrastructure in designated port areas as defined in 301 CMR 25.02. The Massachusetts Development Finance Agency shall expend the funds necessary to conduct its investigation and study. Monies in the fund shall be used to promote and facilitate commercial and marine industrial and maritime transportation infrastructure development in the commonwealth.

The study shall include, but not be limited to: (i) the feasibility of establishing a Designated Port Area Fund to aid and finance publicly and privately-held commercial and marine industrial properties located in designated port areas; (ii) an assessment of existing designated port area infrastructure, including infrastructure that supports or may be improved to support commercial or public maritime transportation; (iii) an evaluation of the barriers to growth and development in designated port areas; (iv) the impact of designated port areas on the commercial fishing industry; (v) the formation of a strategic plan to encourage and facilitate future commercial and industrial development in designated port areas; (vi) the formation of a strategic plan to address the issue of wastewater and wastewater pretreatment in designated port areas; (vii) an examination of the current permissible land uses within designated port area and whether those uses should be expanded to include mixed use commercial maritime activity; (viii) an evaluation of potential future benefits to the commonwealth and to property owners as a result of additional growth and development in designated port areas; and (ix) a determination of the amount of funds necessary to adequately support the purpose of a Designated Port Area Fund.

The Massachusetts Development Finance Agency shall submit its report and recommendations, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the senate and house of representatives who shall forward the report to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies not later than December 31, 2014.

SECTION 106. (a) The Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative shall, subject to appropriation, develop and implement a plan to promote and establish computer science education in public schools. The Massachusetts Technology Collaborative shall serve as the state agent in support of the objectives of the Massachusetts Computing Attainment Network, or MassCAN; provided, that the primary goal of MassCAN shall be to strengthen the growth and vitality of the state’s technology industry and the technology dependent business sectors by implementing a broad-based education and workforce strategy with the objective of increasing the number of students prepared to pursue computing technology careers. In furtherance of this goal, MassCAN shall seek to promote an environment in which all students in grades kindergarten to grade 12, inclusive, have access to computer science courses. MassCAN may, subject to the availability of funds: (i) promote the development and implementation of educational programs, courses and modules for students in grades kindergarten to grade 12, inclusive, and teachers; (ii) collaborate with the department of elementary and secondary education in developing new voluntary kindergarten to grade 12, inclusive, computer science standards; (iii) develop a school district-based program to assist teachers and administrators with the implementation of new computer science courses; (iv) develop and maintain a website to share computer science resources and broadly communicate best practices and successes; (v) connect computer science students with industry professionals to enhance students’ understanding of the relevance of their educational experience to the workplace and science, technology, engineering and math, or STEM, career opportunities; (vi) identify the particular needs of school districts with disproportionately high numbers of underrepresented minorities; and (vii) leverage at least $1 in matching funds from non state sources of funding for every $1 expended within the commonwealth. MassCAN shall take into consideration the recommendations of the STEM advisory council when developing and implementing educational programs.

(b) MassCAN shall be guided by the MassCAN advisory board to be appointed by the governor, 1 whom shall be recommended by Massachusetts Competitive Partnership, Inc., 1 of whom shall be recommended by the Massachusetts Business Roundtable, 1 of whom shall be recommended by the Massachusetts Technology Leadership Council, Inc., 1 of whom shall be recommended by a federally-funded research corporation, 1 of whom shall be recommended by a public university computer science department chair, 1 of whom shall be recommended by the Massachusetts Association of School Superintendents, Inc., 1 of whom shall be recommended by the Greater Boston chapter of the Computer Science Teachers Association, 1 of whom shall be recommended by the METCO program and 1 whom shall be recommended by the Massachusetts chapter of the Society of Women Engineers.

(c) The Massachusetts Technology Collaborative shall file an annual report by September 30 for the duration of the program with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies that shall include a 3-year strategic plan and annual goals and progress in achieving those goals. The reports shall be made available on the Massachusetts Technology Collaborative’s website.

SECTION 107. The chief information officer of the information technology division shall establish an online business portal, which shall include a streamlined step-by-step guide to starting a business in the commonwealth and tools to complete this process. The portal shall include information on federal and state resources available to assist small businesses. Each page and link associated with the portal shall have a uniform layout, design and branding and shall limit its search results to information available within the portal. The portal shall reflect development procedures that enable functionality, security and interoperability across state entities. The chief information officer shall, within 12 months after the effective date of this section, develop and report to the secretary of administration and finance, the executive office of housing and economic development and the senate and house committees on ways and means on the status of the portal. The report shall examine the benefits of having an independent analysis to ensure that the commonwealth's investment in information technology supports the needs of users trying to start, expand or operate a business in the commonwealth. The report shall include the results of independent verification, validation and testing as a means to ensure that the technology being implemented satisfies the changing needs of businesses, life expectancy and budget of the commonwealth. The report shall include recommendations on ways to ensure that the commonwealth's information technology small business strategy is meeting the needs of business people, entrepreneurs and other users of the portal. The report shall be made available on the division’s website.

SECTION 108. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Affiliate", a nonprofit entity including, but not limited to, a hospital or a medical or research institution that is connected or associated with an institution through shared ownership or control, shared directors or trustees or contractual rights and obligations.

"Entrepreneurship institution," the University of Massachusetts at Lowell and the University of Massachusetts at Boston.

"Resident entrepreneur," any candidate who is either a student or graduate who is not a citizen of the United States who desires to move to or remain in the commonwealth on a nonimmigrant status following a period of study for a masters or doctorate degree in the sciences, technological fields, engineering, mathematics, accounting, finance, economics, business or business administration in order to obtain practical experience in the field of study, including the skills required in the organization and establishment of a new business venture with the potential to create a high growth company or has initiated the process of establishing a new business venture; provided that “resident entrepreneurs” shall possess the necessary skill, experience or talents to perform a specialty occupation as defined in section 184 of the federal Immigration and Nationality Act of 1965, 8 U.S.C. § 1184(i).

(b) The Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws shall develop in collaboration with the University of Massachusetts at Lowell and the University of Massachusetts at Boston, a 3-year pilot program of part-time employment for qualified resident entrepreneurs. A resident entrepreneur shall work within the program not less than 8 hours and not more than 15 hours per week and shall be assigned duties in the resident entrepreneur’s chosen academic field, providing services directly to the resident entrepreneur’s employer or to 1 of its affiliates. A resident entrepreneur shall work under the direct supervision of the resident entrepreneur’s employer on assignments that further the employer’s interests while developing skills required for organizing and establishing successful new business ventures. A resident entrepreneur shall devote the remainder of the resident entrepreneur’s time to establishing a new business venture which shall be housed at either the Medical Device Development Center at the University of Massachusetts at Lowell or at the Venture Development Center at the University of Massachusetts at Boston. The employer shall pay each resident entrepreneur a salary for the services at a market rate as established by the United States Department of Labor.

In order to allow a resident entrepreneur to remain in the commonwealth following the award of a masters or doctorate degree, the employer of the resident entrepreneur shall apply to the United States Citizenship and Immigration Services for a nonimmigrant visa under § 101(a)(15)(h)(i)(b) of the federal Immigration and Nationality Act of 1965, 8 U.S.C. 1101(a)(15)(h)(i)(b).

The corporation, in collaboration with the University of Massachusetts at Boston and the University of Massachusetts at Lowell, shall establish the terms, procedures, standards and conditions which the corporation shall use to identify qualified programs, review and approve applications, safeguard the fund, advance the objective of increasing employment opportunities and oversee the progress of qualified programs.

(c) The Massachusetts Technology Park Corporation shall submit a report to the clerks of the house of representatives and the senate and the house and senate chairs of the joint committee on economic development and emerging technologies not later than December 31 of each year of the pilot program. The report shall include, but not be limited to: (i) progress on the implementation of the pilot program; (ii) recommendations for extending the program to additional educational institutions; (iii) the number of resident entrepreneurs participating in the program; (iv) the fields of practice resident entrepreneurs are engaged in; (v) the business ventures organized or established by resident entrepreneurs; and (vi) a cost-benefit analysis of the pilot program.

SECTION 109. Notwithstanding any general or special law to the contrary, the chief information officer in the information technology division, in coordination with the executive office of housing and economic development, shall study the cost and feasibility of creating and maintaining a searchable database of available commercial, retail, warehouse, manufacturing, office, lab or shared innovation workspaces throughout the commonwealth which can be accessed by the public as a part of the business portal established in section 107. The chief information officer shall report the findings of this study to the executive office of administration and finance, and the chairs of the senate and house committees on ways and means not later than July 31, 2015.

SECTION 110. The Massachusetts office of travel and tourism shall coordinate with the Massachusetts Convention Center Authority to establish a plan to promote tourism throughout each region of the commonwealth at each event held at the Boston Convention and Exhibition Center, the John B. Hynes Veterans Memorial Auditorium and the MassMutual Center. The plan shall be implemented not later than 180 day after the effective date of this section.

SECTION 111. Chapter 93L of the General Laws shall not apply to misappropriation occurring prior to the effective date of this act. With respect to a continuing misappropriation that began prior to the effective date of this section, said chapter 93L shall not apply to the continuing misappropriation that occurs after the effective date of this section.

SECTION 112. The commissioner of higher education shall submit a report on the implementation of section 15G of section 15A of the General Laws to the senate and house chairs of the joint committee on labor and workforce development, the joint committee on higher education and the joint committee on economic development and emerging technologies by July 31, 2015. The report shall include, but not be limited to: (i) a list of stackable certificates available at public higher education institutions; (ii) a list of workforce training programs in which stackable certificates would be beneficial; (iii) the department’s efforts to disseminate information; and (iv) enrollment data from stackable credential programs available at public higher education institutions.

SECTION 113. The executive office of housing and economic development shall conduct a study to evaluate the feasibility of developing an international building exhibition to be assembled in an economically-depressed municipality to address urban concerns including, but not limited to, sustainability, energy consumption, transportation, urban renewal and green building practices. The study shall be submitted to the executive office for administration and finance, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on economic development and emerging technologies not later than June 30, 2015.

SECTION 114. The Massachusetts sports partnership commission established in section 13J of chapter 23A of the General Laws shall convene a meeting not more than 60 days after the effective date of this act.

SECTION 115. Notwithstanding any general or special law to the contrary, on July 1, 2015, the state comptroller shall transfer $10,000,000 from the General Fund to the Transformative Development Fund established in section 46 of chapter 23G of the General Laws.

SECTION 116. Notwithstanding any general or special law to the contrary, on July 1, 2016, the state comptroller shall transfer $10,000,000 from the General Fund to the Transformative Development Fund established in section 46 of chapter 23G of the General Laws.

SECTION 117. (a) Notwithstanding any general or special law to the contrary, there shall be a special commission on young professionals to examine how the commonwealth may better engage, involve and educate young professionals in decisions and policies that affect young professionals and the commonwealth. The commission shall examine best practices and policies to retain and attract intellectual capital that shall make the commonwealth a place where young professionals want to live, work and play.

The commission shall consist of 21 members: 1 of whom shall be appointed by the governor; 1 of whom shall be the secretary of housing and economic development or a designee; 1 of whom shall be the secretary of labor and workforce development or a designee; 1 of whom shall be the secretary of education or a designee; 3 of whom shall be appointed by the president of the senate, 1 of whom shall be a member of the minority party; 3 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be a member of the minority party; 1 of whom shall be the chair of the Berkshire Young Professionals or a designee; 1 of whom shall be the president of the Worcester Young Businessmen's Association, Inc. or a designee; 1 of whom shall be the president of the Greater Lawrence Young Professionals Network or a designee; 1 of whom shall be the president of the Young Professionals Society of Greater Springfield or a designee; 1 of whom shall be the president of the Northampton Area Young Professionals or a designee; 1 of whom shall be the president of ONEin3 Boston or a designee; 1 of whom shall be the president of the Young Professionals of Greater Lowell, Inc. or a designee; 1 of whom shall be the president of the North of Boston Young Professionals or a designee; 1 of whom shall be appointed by the executive director of the New Bedford Economic Development Council, Inc.; 1 of whom shall be appointed by the president of the MetroWest Chamber of Commerce, Inc.; and 1 of whom shall be the executive director of the Cape Cod Young Professionals, LLC or a designee.

SECTION 118. (a) Notwithstanding any general or special law to the contrary, for the days of August 9, 2014 and August 10, 2014, an excise shall not be imposed upon nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes of this section, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(b) Notwithstanding any general or special law to the contrary, for the days of August 9, 2014 and August 10, 2014, a vendor shall not add to the sales price or collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 9, 2014 and August 10, 2014. An excise erroneously or improperly collected during the days of August 9, 2014 and August 10, 2014, shall be remitted to the department of revenue. This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(c) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days of August 9, 2014 and August 10, 2014.

(d) On or before December 31, 2014, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from personal and corporate income taxes and other sources pursuant to this section. The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, without this section.

(e) The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary for the implementation of this section.

(f) Eligible sales at retail of tangible personal property under under subsections (a) and (b) shall be restricted to those transactions occurring on August 9, 2014 and August 10, 2014. Transfer of possession of or payment in full for the property shall occur on 1 of those days and prior sales or layaway sales shall be ineligible.

SECTION 119. The Massachusetts sports partnership shall issue a report not later than July 1, 2015 on the feasibility of hosting a National Association for Stock Car Auto Racing, Inc. event in the commonwealth. The report shall include, but not be limited to, potential host venues, the potential costs and revenues and any state or local laws, regulations or ordinances that may affect the hosting of the event.

SECTION 120. Notwithstanding any general or special law to the contrary, a licensed or certified real estate appraiser or a real estate appraisal trainee who timely completed, in accordance with the requirements of the Appraisal Qualifications Board of the Appraisal Foundation, the 7-hour national Uniform Standards of Professional Appraisal update course before the effective date of this act and was the subject of disciplinary proceedings by the board of real estate appraisers prior to May 26, 2011 for failure to complete the continuing education requirements of section 184 of chapter 112 of the General Laws shall have that disciplinary action rescinded and permanently removed from the appraiser or appraisal trainee’s record. Nothing in this section shall be construed to establish a cause of action by any such real estate appraiser or trainee against the board of real estate appraisers or the division of professional licensure related to any such disciplinary action.

SECTION 121.(a) The county commissioners of the county of Dukes County may raise and expend a sum not exceeding $1,600,000 for the purchase of and improvements to a building to provide health and human services for county residents.

(b) For the purposes of this section, the treasurer of the county, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding in the aggregate $1,600,000, and may issue bonds or notes of the county thereof, which shall be designated on their face Dukes County Health and Human Services Building Loan, Act of 2014. Each authorized issue shall constitute a separate loan and such loans shall be issued for not more than 30 years. The bonds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners. The county may sell such bonds or notes at public sale upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Indebtedness incurred under this section shall, except as provided in this section, be subject to chapter 35 of the General Laws.

SECTION 122. There shall be a special commission to study and report on the use and possible abuse of non-competition agreements in the commonwealth. The commission shall consist of the secretary of housing and economic development, or a designee; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; and 6 commission members to be appointed by the governor: a representative of Associated Industries of Massachusetts; a representative of the Smaller Business Association of New England; a representative of the New England Venture Capital Association; a representative of the Massachusetts Biotechnology Council; a representative of the AFL-CIO of Massachusetts; and an expert on the law of non-competition agreements. The scope of the commission shall include, but not be limited to, researching and evaluating: (1) the use of non-competition agreements; (2) the possible abuse of non-competition agreements; and (3) recommendations to curb any such abuse and to strengthen the economy of the commonwealth. The commission shall submit a final report of its findings and recommendations, together with drafts of legislation necessary to implement those recommendations, by filing the same with the clerks of the senate and house of representatives not later than October 1, 2015.

SECTION 123. The Massachusetts advanced manufacturing collaborative shall conduct an analysis of the manufacturing supply chain in the commonwealth. The analysis shall: (i) identify the strengths and weaknesses of the supply chain; (ii) identify areas of the supply chain that are currently underserved by suppliers in the commonwealth; and (iii) offer recommendations to improve the commonwealth’s supply chain capabilities. The collaborative shall file a report of its findings and recommendations, if any, with the joint committee on economic development and emerging technologies and the clerks of the senate and house of representatives not later than March 31, 2015.

SECTION 124. The town of Montague may utilize chapter 40Q to develop telecommunications and broadband infrastructure in partnership with the town of Leverett.

SECTION 125. Section 108 is hereby repealed.

SECTION 126. Paragraph (2) of subsection (a) of section 3F of chapter 23A shall take effect as of July 1, 2014.

SECTION 127. On or after July 1, 2014, the current number of licenses authorized under section 17 of chapter 138 of the General Laws shall continue unless changed by the governing body of a city or town under said section 17 of said chapter 138.

SECTION 128. If the sufficiency period specified in section 3 of chapter 183D of the General Laws would expire prior to January 1, 2016, such period shall be extended so as to expire on January 1, 2016.

SECTION 129. Notwithstanding section 93, on the effective date of this section, the mayor of the city of Boston may reappoint or replace the incumbent members of the licensing board of the city of Boston for the remainder of the unexpired terms of such members.

SECTION 130. Sections 5, 28, 36 and 100 shall take effect on July 1, 2016.

SECTION 131. Section 6 shall take effect on January 1, 2018.

SECTION 132. Sections 42, 44, 49 and 51 shall take effect on January 1, 2015.

SECTION 133 Sections 43, 45, 50 and 52 shall take effect on January 1, 2019.

SECTION 134. Sections 46 and 48 shall be effective for tax years beginning on or after January 1, 2015.

SECTION 135. The fifth, sixth and seventh paragraphs of section 17 of chapter 138 of the General Laws, as appearing in section 70, shall take effect on September 1, 2014.

SECTION 136. Section 81 shall apply to employee noncompetition agreements entered into on or after January 1, 2015.

SECTION 137. Sections 92 and 128 shall take effect January 1, 2015 and shall apply to instruments executed on, after and prior to that date.

SECTION 138. Sections 71, 73, 75 and 77 shall take effect on September 1, 2015.

SECTION 139. Sections 72, 74, 76 and 78 shall take effect on September 1, 2016.

SECTION 140. Sections 93, 94 and 129 shall take effect upon their passage.

SECTION 141. Section 125 shall take effect on July 1, 2017.