Bill S.3018

SENATE . . . . . . . . . . . . . . No. 3018

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

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SECTION 1. The sums set forth in sections 2 and 2A are hereby appropriated from the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws and the General Fund for the several purposes and subject to the conditions specified in this act, and subject to the laws regulating the disbursement of public funds for the fiscal year in which the sums are disbursed. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2027.

SECTION 2.

OFFICE OF THE COMPTROLLER

Office of the Comptroller

1599-3384 Judgments Settlements and Legal Fees$12,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-4448 Collective Bargaining Contract Costs$12,720,941

1599-2051 Federal Funds Oversight$5,000,000

SECTION 2A.

SECRETARY OF THE COMMONWEALTH

0524-2023For the implementation of chapter 92 of the acts of 2022 for calendar year 2022 elections; provided, that funds shall be expended to: (i) send a vote by mail ballot application to each registered voter in the commonwealth; (ii) prepay return postage for said applications; (iii) mail a ballot to each registered voter in the commonwealth for every regularly scheduled primary election and general election; (iv) print the envelopes required for voting by mail; and (v) prepay return postage for vote by mail ballots……………....................$14,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-6062For a reserve to support grants to hotels throughout the commonwealth; provided, that any hotel property that: (i) received funds from the Massachusetts Growth Capital Corporation in a previous round of small business grants; or (ii) was eligible to receive said funds but did not apply for said grants shall not be eligible to receive funds under this item; provided further, that any hotel property whose revenues in calendar year 2021 exceeded that property’s gross revenues in calendar year 2019 shall not be eligible to receive funds under this item; provided further, that the preceding proviso shall not apply to nascent hotels or hotel properties which were under major renovation or construction during calendar year 2019; provided further, that funds from this item shall be distributed in a geographically equitable manner; and provided further, that in distributing grants from this item, the corporation shall take into account the number of jobs and economic activity generated by each applicant……………………………………….$75,000,000

1599-6064For a reserve for investments in nursing facilities and rest homes to support costs including, but not limited to, those related to the 2019 novel coronavirus pandemic and subsequent variants; provided, that funds shall be administered by the executive office of health and human services in consultation with the executive office for administration and finance; provided further, that not less than $30,000,000 shall be expended for rest homes for 2019 novel coronavirus pandemic related costs including, but not limited to, testing, personal protective equipment and reimbursement for said costs; provided further, that not less than $165,000,000 shall be expended for payments to nursing facilities pursuant to either: (i) efforts to recognize updated base year costs and a cost adjustment factor in setting the nursing standard payments and operating cost standard payments for the period from October 1, 2022 to September 30, 2023; or (ii) the executive office of health and human services’ administrative bulletin 22-02 entitled 101 CMR 206:00: Standard Payments to Nursing Facilities, effective January 15, 2022, to provide a Medicaid supplemental payment to nursing facilities consistent with said bulletin and with CMR 206.00 in order to offset increased costs of providing care not accounted for in the nursing facility’s prospective payment system rates during the 2019 novel coronavirus pandemic including workforce related costs; provided further, that funds may be expended for the previous proviso and efforts to support nursing facilities in fiscal years thereafter; and provided further, that not later than September 1, 2022, the executive office of health and human services shall submit notice to the house and senate committees on ways and means detailing its proposed methodology for distributing funds in this item to nursing facilities…………………………..………$195,000,000

1599-6066For a reserve to enhance payments to providers whose rates are subject to review and implementation under chapter 257 of the acts of 2008; provided, that not less than $100,000,000 shall be provided in fiscal year 2023 to human service providers whose rates are subject to said chapter 257; provided further, that said payments in fiscal year 2023 shall be provided solely to increase payments to direct care, front-line and medical and clinical staff, which may include, but shall not be limited to, hourly rate increases, wraparound benefits, shift differentials, overtime, hiring and retention bonuses or recruitment, as defined by the executive office of health and human services; provided further, that human service providers shall, as a condition of receiving any funds under this item, attest compliance with the conditions established herein, in writing, and submit an attestation confirming their compliance to the executive office of health and human services; provided further, that not later than December 15, 2022, the executive office of health and human services, in consultation with the executive office for administration and finance, shall report to the joint committee on health care financing and the house and senate committees on ways and means on the: (i) methodology used to distribute said funds; and (ii) distribution of funds, delineated by provider; provided further, that not less than $150,000,000 shall be used to increase rates for service providers at a sustainable level above the fiftieth percentile of the Bureau of Labor Statistics benchmark for the commonwealth; provided further, that the executive office of health and human services shall develop a methodology to increase said rates above the fiftieth percentile for service groups reviewed under said chapter 257 beginning in fiscal year 2024; provided further, that said methodology shall be developed in consultation with the executive office for administration and finance, representatives of organized labor and representatives from each of the trade associations representing human service providers subject to rate review and implementation under said chapter 257; provided further, that not later than April 15, 2023, the executive office of health and human services shall submit a report to the executive office for administration and finance, the joint committee on health care financing and the house and senate committees on ways and means including, but not limited to, the: (a) proposed percentage increase above the fiftieth percentile of the Bureau of Labor Statistics benchmark for the commonwealth; (b) estimated fiscal impact to implement said increase over the subsequent 2 and 4 fiscal years; and (c) a summary of the review process undertaken to develop the new methodology; and provided further, that a human service provider receiving said enhanced rates shall use not less than 80 per cent of received funds for compensation for their direct care, front-line and medical and clinical staff, which may include, but shall not be limited to, hourly rate increases, wraparound benefits, shift differentials, overtime, hiring and retention bonuses or recruitment, as defined by the executive office of health and human services…….........…$250,000,000

1599-6067For a reserve to address the needs of community health centers; provided, that not less than $10,000,000 shall be expended for addressing deferred care as a result of the 2019 novel coronavirus pandemic and subsequent variants; provided further, that said funds may be expended for hiring and retention of the workforce; provided further, that not less than $70,000,000 shall be expended for community health centers receiving grants under 42 U.S.C. section 254(b) for financing capital improvements and expansions at community health centers including, but not limited to, technology upgrades and maintenance; provided further, that of said funds, not less than 75 per cent of said funds shall be expended for competitive grants of not less than $5,000,000 and not more than $12,000,000; provided further, that up to 25 per cent of said funds shall be expended for grants of not more than $5,000,000; provided further, that preference shall be given to projects leveraging multiple funding sources; provided further, that said grants shall be administered by the secretary of health and human services, who may adjust the percentages in the proceeding provisions based on application demand; provided further, that up to 3 per cent of funding made available for grants may be expended to a nonprofit technical assistance provider based in the commonwealth with expertise in federally-qualified health center capital project finance to assist grantees in planning projects and leveraging funding from a variety of sources; and provided further, that the secretary may award funds through multiple grant cycles……………………………………………..$80,000,000

1599-6069For the distribution of funds to fiscally strained hospitals; provided, that not less than $300,000,000 shall be distributed to eligible hospitals pursuant to section 144; provided further, that not less than $100,000,000 shall be distributed by the secretary of health and human services as grants to independent community hospitals, hospitals designated as high public payer hospitals by the center for health information and analysis and non-acute hospitals not otherwise eligible for funding pursuant to said section 144; and provided further, that the secretary shall prioritize grants for hospitals: (i) operating on significant negative margins; (ii) experiencing increased costs, reduced capacity or lost revenue due to workforce shortages; (iii) serving high percentages of COVID-19 patients; (iv) demonstrating a commitment to historically underserved populations and addressing health disparities and social determinants of health; or (v) that have not been awarded significant funds authorized by this item or grants administered through the COVID-19 Public Health Emergency Hospital Relief Trust Fund established in section 71 of chapter 102 of the acts of 2021……………..………………………..$400,000,000

1599-6072For a reserve to address reproductive and family planning service needs in the commonwealth; provided, that funds shall be expended for grants to providers offering services including, but not limited to, pregnancy termination, contraception and prenatal and perinatal services; provided further, that said grants may be provided for costs related to providing care including, but not limited to, security, hiring, training and retention and informational materials to educate patients; provided further, that not less than $1,000,000 shall be expended for a public awareness campaign to educate providers and the public about so called crisis pregnancy centers and pregnancy resource centers and their lack of medical services; provided further, that said campaign shall include information on the availability of providers across the commonwealth that provide legitimate medical and family planning services; and provided further, that said campaign shall be linguistically diverse and culturally competent…………..…………………..$17,500,000

1599-6074For a reserve to reduce gun violence and related trauma throughout the commonwealth; provided, that funds shall be expended for competitive grants to nonprofits and community-based organizations focused on reducing gun violence and related trauma on communities and individuals; provided further, that grants shall be administered by the executive office of health and human services; provided further, that in distributing grants, the executive office prioritize nonprofits and community-based organizations that: (i) serve communities that are disproportionately impacted by community violence and gun violence; (ii) utilize evidence-based and evidence-informed approaches to address gun violence and the impacts of gun violence-related trauma on individuals and communities; (iii) focus on practices to interrupt cycles of violence, trauma and retaliation in order to reduce gun violence, particularly in communities made up of historically marginalized and underrepresented groups; and (iv) provide violence intervention services to segments of the community identified as having the highest risk of perpetuating or being victimized by gun violence; provided further, that grant uses shall include, but not be limited to: (a) capacity-building initiatives, including diversity, equity and inclusion initiatives, training and professional development; (b) evidence-based or evidence-informed pilot programs to provide innovative practices in reducing gun violence; (c) impact studies, policy innovations and grassroots organizing supports; and (d) direct intervention services and support services for survivors of gun violence, including emergency housing and transportation services; provided further, that not less than $5,000,000 shall be made available for a grant program administered in consultation with the department of elementary and secondary education to support school safety infrastructure improvements meant to protect against acts of gun violence; provided further, that not less than $2,500,000 shall be made available for a grant program administered in consultation with the department of elementary and secondary education, the department of public health and the department of mental health to provide behavioral health-related supports and resources in schools to reduce instances of gun violence; provided further, that not less than $1,000,000 shall be expended for a public awareness campaign on the commonwealth’s red flag laws pursuant to sections 131R to 131Y, inclusive, of chapter 140 of the General Laws; and provided further, that said campaign shall be administered in consultation with the department of public health and the department of mental health…………………$22,500,000

1599-6075For a reserve for investments in publicly-owned lands and lands otherwise protected and conserved for public access including, but not limited to: reservations, parks, trails, rivers, lakes, ponds, streams and other waterways, trails, beaches, fishing piers, boat ramps, community gardens, urban farms, working farms and forests and other recreational facilities and open spaces; provided further, that the executive office of energy and environmental affairs shall administer the funds in this item in consultation with the executive office for administration and finance; provided further, that funds shall be expended for municipalities and nonprofit organizations to dramatically increase new open space projects including, but not limited to, waterfront parks, trails, bike paths, playgrounds, urban farms, community gardens and green space; provided further, that funds shall be expended for the acquisition of new conservation land and the conservation and agricultural preservation restrictions on working farms and forests, particularly in critical headwater, wetland and estuarine areas; provided further, that funds shall be expended for the removal of obsolete or unwanted dams across the commonwealth; provided further, that funds shall be expended for the protection and restoration of headwaters land and wetlands on cranberry farmlands taken out of production by owners; provided further, that funds shall be expended for the restoration of coastal and tidal wetlands, including salt marshes; provided further, that not less $50,000,000 shall be expended for projects in qualified census tract communities and communities disproportionately impacted by the 2019 novel coronavirus; provided further, that funds shall be distributed from this item in a geographically equitable manner; and provided further, that grants may include a requirement for matching funds………………….$125,000,000

1599-6079For the Massachusetts Clean Water Trust for the purpose of reducing the principal or interest costs of water quality improvement projects; provided, that eligible projects shall include, but not be limited to: improvements to drinking water systems, per- and polyfluoroalkyl substances remediation and combined sewer overflow projects; provided further, that preference shall be given to projects related to per- and polyfluoroalkyl substances remediation; provided further, that not less than 25 per cent of funding shall be expended for grants to qualified census tract communities and communities disproportionately impacted by the 2019 novel coronavirus; provided further, that funds shall be distributed from this item in a geographically equitable manner; and provided further, that grants may include a requirement for matching funds...…………………………………………………………………….$150,000,000

1599-6080For investments in and improvements to ports and port infrastructure to support emerging clean energy industry clusters; provided, that not less than $45,000,000 shall be expended for the port of the city of Salem; provided further, that not less than $30,000,000 shall be expended for the port of the city of New Bedford; and provided further, that not less than $20,000,000 shall be expended for the redevelopment of the Brayton Point Commerce Center in the town of Somerset………………………………………………………………...$100,000,000

1599-6081For the Massachusetts clean energy center to promote the advancement of and investments in clean energy to accelerate the clean energy transition, formation, growth, expansion and retention within the commonwealth of preeminent clusters of renewable energy and related enterprises, institutions and projects, including funding to higher education institutions and vocational-technical education institutions for workforce development and technical training programs; provided, that the center shall make expenditures from this item for the purposes of multi-year efforts for: (i) advancing clean energy research and technologies to commonwealth-based investors, entrepreneurs and institutions that are involved in the clean energy industry; (ii) providing workforce development and technical training programs for public higher education and vocational-technical education institutions in the clean energy industry; (iii) developing a regional strategy in collaboration with regional employment boards to support the development of the clean energy industry; (iv) supporting infrastructure development including, but not limited to, port infrastructure development, related to supporting clean energy industry in the commonwealth; (v) matching funds to secure future federal funding to support the clean energy industry and clean energy research in the commonwealth; (vi) supporting research and development in the clean energy industry including, but not limited to, the interrelationship between clean energy infrastructure and existing natural habitats, ecosystems and dependent species; (vii) supporting improved outcomes from the development of clean energy resources; (viii) supporting the long-term coexistence and sustainability of the fishing and clean energy industries; (ix) supporting programs that advance clean transportation or result in a reduction in greenhouse gas emissions from the transportation sector; (x) supporting programs that advance the reduction of greenhouse gas emissions from the building sector consistent with requirements set by chapter 21N of the General Laws; and (xi) providing for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering this item; provided further, that funds may be expended for the expansion of the Wind Technology Testing Center; provided further, that not later than March 1, 2023, the center shall submit a report to executive office for administration and finance and the house and senate committees on ways and means that shall include, but not be limited to: (a) a comprehensive multi-year strategic plan for the promotion and advancement of clean energy initiatives from this item, including a proposed breakdown of funding available for each initiative; (b) a proposed timeline for expending funds from this item for each initiative; and (c) proposed plan to ensure regional and demographic equity in the promotion and advancement of clean energy initiatives …..............................................$125,000,000

1599-6082For a reserve to promote and accelerate the adoption of electric vehicles; provided, that funds in this item shall be administered by the department of energy resources, in consultation with the executive office for administration and finance, for the electric vehicle incentive program under section 95 of chapter 142 of the acts of 2019, as amended, or any similar program established by the general court……………………….$50,000,000

1599-6083For a reserve to promote and accelerate the deployment of electric vehicle charging infrastructure; provided, that funds in this item shall be administered by the department of energy resources, in consultation with the executive office for administration and finance, the executive office of energy and environmental affairs and the Massachusetts Department of Transportation; provided further, that the funds in this item shall be focused on creating a statewide, comprehensive electric vehicle charging network accessible to the public; provided further, that funds from this item shall be distributed in a geographically equitable manner; and provided further, that not later than March 1, 2023, the department shall submit a report to the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means detailing its proposed plan for deploying funds from this item, including efforts to promote geographically equitable access to electric vehicle charging infrastructure.......................$50,000,000

1599-6084For a reserve to be administered by the Massachusetts Housing Finance Agency to support the creation of affordable for-purchase and rental housing; provided, that not less than $100,000,000 shall be expended for the CommonWealth Builder Program to support the production of for-sale, below market housing to expand homeownership opportunities for first-time homebuyers and socially disadvantaged individuals in communities disproportionately impacted by the 2019 novel coronavirus pandemic; provided further, that grants and loans to developers shall be used to facilitate production of affordable homeownership units for households earning between 70 per cent and 120 per cent of the area median income; provided further, that projects with units restricted to households earning 70 per cent of the area median income shall receive preference; provided further, that not less than $150,000,000 shall be expended for a workforce housing program to provide grants, loans or other financial assistance to support the production of rental or for-sale housing that is affordable for households with incomes between 60 per cent and 120 per cent of the area median income; provided further, that projects shall be required to ensure that not less than 20 per cent of units be affordable for households earning at or below 80 per cent of the area median income; provided further, that not less than $150,000,000 shall be transferred to the Affordable Housing Trust Fund established in chapter 121D of the General Laws to support the creation and preservation of affordable housing units with a particular focus on very low income and extremely low income households; provided further, that projects supported from this item that include clean energy and sustainability initiatives, such as electric heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification and all-electric buildings, shall receive preference; provided further, that considerations in awarding funds from this item shall be given to communities disproportionately impacted by the 2019 novel coronavirus; provided further, that considerations in awarding funds from this item shall be given to creating equitable housing opportunities for historically marginalized and underrepresented groups; provided further, that the Massachusetts Housing Finance Agency shall submit biannual reports to the joint committee on housing and the house and senate committees on ways and means on expenditures made from this item to support the creation of affordable housing, including a breakdown of projects by municipality; and provided further, that the first report shall include a strategic plan for increasing the availability of affordable housing in all regions of the commonwealth for low-to-moderate income households including efforts to promote equitable homeownership opportunity for historically marginalized or underrepresented populations………………...$400,000,000

1599-6085For a reserve to support scholarships to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing or any other institution furnishing a program of higher education and seeking a degree in high demand fields in the commonwealth; provided, that funds in this item shall be administered by the department of higher education and promote access to debt-free higher education for residents of the commonwealth; provided further, that the department of higher education, in consultation with the executive office of labor and workforce development, shall promulgate regulations for the scholarship program establishing eligibility requirements, application criteria and the amount of the scholarship awards; provided further, that in developing the regulations for the program, the department shall prioritize the distribution of scholarship awards to students enrolled in a course of study or training program aligned with regional labor market blueprints to address workforce needs in high-demand fields including, but not limited to, students enrolled in healthcare, including nursing, education, including early education and special education, manufacturing and cybersecurity programs; provided further, that preference in awarding scholarship awards shall be given to first generation students and traditionally underserved student populations; provided further, that preference shall be given to students attending public institutions of higher education; provided further, that not less than 30 days prior to obligations being made from this item, the administering entity shall submit a report to the executive office for administration and finance, the joint committee on higher education, the joint committee on labor and workforce development and the house and senate committees on ways and means on any program criteria and guidelines for the distribution of funds……………$50,000,000

1599-6086For a reserve to support and promote the commonwealth's agricultural, blue economy and cranberry-growing sectors; provided, that not less than $8,000,000 shall be expended to support blue economy initiatives at the University of Massachusetts at Dartmouth; provided further, that not less than $250,000 shall be expended for the design, engineering and feasibility study of establishing a cranberry educational center in southeastern Massachusetts; provided further, that not less than $1,500,000 shall be expended on grants or other financial assistance to support the economic growth and viability of the commonwealth’s cranberry-growing industry…………………………..$10,000,000

1599-6087For a reserve to support economic development in the commonwealth; provided, that not less than $5,000,000 shall be expended for the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to support start-up costs associated with robotics incubation, testing and innovation for research and development and commercialization activities; provided further, that any award from this funding to a private entity shall result in a significant public benefit and the private benefit is incidental to a legitimate public purpose; provided further, that not less than $1,000,000 shall be expended to the USS Massachusetts Memorial Committee, Incorporated for capital upgrades, infrastructure improvements and the maintenance and care of historic naval vessels; and provided further, that not less than $3,400,000 shall be expended for the town of Orange to support the cleanup of the brownfield site on West River street; and provided further, that a lien shall be placed on said site to ensure that the commonwealth is the first recipient of reimbursement if the site is sold............................................................................................................................…...$9,400,000

EXECUTIVE OFFICE OF EDUCATION

Department of Early Education and Care

3000-1045For grants to support and stabilize the early education and care workforce and address varied operational costs at state child care programs supervised by the department of early education and care, especially those related to the 2019 novel coronavirus pandemic and the costs associated with stabilizing capacity during the period of pandemic recovery; provided, that the distribution of stabilization grants shall prioritize equity and early education programs with higher percentages of state subsidized enrollment; provided further, that the department shall collect data from participating programs including, but not limited to, the: (i) number of enrolled children; (ii) number of educators employed; (iii) efforts to recruit and retain employees; and (iv) available demographic data of the families served by participating providers; provided further, that the department shall submit quarterly reports on the distribution of funds from this item to the executive office for administration and finance, the house and senate committees on ways and means and the joint committee on education; provided further, that each report shall include, but not be limited to: (a) a description of the formula through which funding is allocated to providers; (b) an analysis of the incorporation of equity into said formula, including the projected disbursement of funding to state subsidized and non-state subsidized childcare programs; (c) an analysis of the data collected by the department from participating programs; and (d) a description of the efforts undertaken to improve the distribution of funds to providers serving high-needs populations; provided further, that all funding distributed in this item shall be in accordance with the terms of the supplemental Child Care and Development Fund Discretionary Funds in the federal American Rescue Plan Act of 2021, Public law 117-2, and any state plans filed under that act; provided further, that funds may be expended for departmental technical assistance related to the administration and distribution of funding; and provided further, that the department shall provide technical assistance to providers to assist them in planning expenditures so as to avoid any fiscal cliffs in future fiscal years, prior appropriation continued…………..................$150,000,000

SECTION 3A. To provide for a program of economic development and job creation, the sums set forth in sections 3A to 3C, inclusive, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds; provided, however, that the amounts specified in an item or for a particular project may be adjusted in order to facilitate projects authorized in this act. These sums shall be in addition to any amounts previously authorized and made available for these purposes.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary

6720-1352For a grant program to coastal communities to be administered by the Seaport Economic Council; provided, that funds shall be used for community planning and investment activities that stimulate economic development and create jobs in the maritime economy sector and to construct, improve, repair, maintain and protect coastal assets that are vital to achieving these aims; and provided further, that the planning, prioritization, selection and implementation of projects shall consider climate change impacts in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan…………………………...$10,000,000

7002-8041For the Massachusetts Technology Park Corporation, established in section 3 of chapter 40J of the General Laws, for a matching grant program that enables academic institutions, nonprofits, industry consortiums, federally funded research and development centers and other technology-based economic development organizations to compete for federal grants in technology and innovation fields including, but not limited to: (i) artificial intelligence and machine learning; (ii) cybersecurity, data storage and data management; (iii) quantum computing and information systems; (iv) robotics and advanced automation; (v) high performance computing, semiconductors and advanced computer hardware; (vi) blockchain; (vii) supply chain; (viii) energy storage and batteries; (ix) food security; and (x) advanced materials; provided, that the matching grant program may also enable participation of these entities in associated workforce development federal grant programs……………………………………………….…………….....$200,000,000

7002-8042For the Massachusetts Broadband Incentive Fund, established in section 6C of chapter 40J of the General Laws, for capital repairs and improvements to broadband infrastructure owned by the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws……………………………………….…….…….$12,000,000

7002-8043For the Massachusetts Technology Park Corporation, established in section 3 of chapter 40J of the General Laws, for matching grants that support collaboration among manufacturers located in the commonwealth and institutions of higher education, nonprofits and other public or quasi-public entities; provided, that eligible grantees shall include private businesses; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the Massachusetts advanced manufacturing collaborative established in section 10B of chapter 23A of the General Laws; provided further, that grants made for the purchase of equipment to be owned by, leased to or located within the premises of a private business shall be made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting manufacturing in the commonwealth; provided further, that a private university or business entity shall not be eligible for a grant unless the corporation has made a finding that a grant to such university or entity will result in a significant public benefit and the private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity.................................................................$23,000,000

7002-8044For projects receiving assistance from the Scientific and Technology Research and Development Matching Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity …….………$24,000,000

7002-8046For the Massachusetts Technology Park Corporation, established in section 3 of chapter 40J of the General Laws, to establish a competitive and secure future innovation program that promotes partnerships between academic institutions, federally funded research and development centers, industry and the venture community that drive innovation in technology fields in the commonwealth including, but not limited to, the defense, health, commercial and public sectors; provided, that nonprofit and private business entities shall be eligible to receive funding from the program; and provided further, that any award to a private entity shall result in a significant public benefit and the private benefit is incidental to a legitimate public purpose.............................................................................$50,000,000

7002-8047For matching grants to support advanced manufacturing projects in partnership with institutions of higher education, including state and municipal colleges and universities, nonprofits and other public or quasi-public entities; provided, that such projects shall be in alignment with a Manufacturing USA institute………………...........$30,000,000

7002-8048For the MassWorks infrastructure program established in section 63 of chapter 23A of the General Laws ………………………………………………….$400,000,000

7002-8049For public entities and other eligible entities within the commonwealth to provide matching funds necessary to receive federal funding for broadband infrastructure, access and deployment in unserved or underserved locations and for adoption, digital equity and other eligible uses consistent with federal guidelines; provided, that funds may be made available to assist municipalities with debt service payments related to broadband infrastructure projects……………….………………..........................................................................$50,000,000

7002-8051For a program to provide assistance to projects that will improve, rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the public purposes of eliminating blight, increasing housing production, supporting economic development projects, increasing the number of commercial buildings accessible to persons with disabilities and conserving natural resources through the targeted rehabilitation and reuse of vacant and underutilized property; provided, that such assistance shall take the form of a grant or a loan provided to a municipality or other public entity, a community development corporation, nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include, but not be limited to: (i) improvements and additions to or alterations of structures and other facilities necessary to comply with requirements of building codes; (ii) fire or other life safety codes and regulations pertaining to accessibility for persons with disabilities; (iii) where such code or regulatory compliance is required in connection with a new commercial residential or civic use of such structure or facility; and (iv) the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that funding shall be awarded on a competitive basis in accordance with guidelines developed by the agency; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office through a contract with the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws; provided further, that the executive office or the Massachusetts Development Finance Agency may establish additional program requirements through regulations or policy guidelines; provided further, that financial assistance offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social, racial and economic equity within the commonwealth; and provided further, that program funds may be used for the reasonable costs of administering the program not to exceed 5 per cent of the total assistance made during the fiscal year………………………………………………..…$50,000,000

7002-8052For grants and technical assistance to be made to municipalities and regional applicants to support planning and locally-driven initiatives related to community development, housing production, workforce training and economic opportunity, child care and early education initiatives and climate resilience initiatives, including nature-based solutions projects, that incorporate these elements, across the commonwealth within individual communities, regions or a defined subset of communities therein; provided, that funds may be expended for culturally competent and multilingual technical assistance and training to small businesses; provided further, that preference for these funds shall be given to businesses located in low- or moderate-income areas and owned by women, veterans, minorities or immigrants; and provided further, that grants shall be awarded in a manner that promotes geographic equity………………………$5,000,000

7002-8053For the Commonwealth Zoological Corporation, established in section 2 of chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and specifications, repairs, construction, renovations, improvements, maintenance, asset management and demolition and other capital improvements, including those necessary for the operation of facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. Stone Memorial Zoo; provided, that not less than $2,500,000 shall be used for construction and be required to have a 1-to-1 match; provided further, that grants shall be awarded in a manner that promotes geographic equity; and provided further, that Zoo New England shall provide a matching amount equal to $1 for every $1 disbursed from this item............................................ $9,000,000

7002-8054For a competitive program of grants or other financial assistance to support economic development, job creation and housing and climate resilience initiatives, including nature-based solutions projects that incorporate these elements for the public purpose of promoting economic growth in rural areas of the commonwealth; provided, that such financial assistance may be offered to a municipality or other public entity, a community development corporation, nonprofit entity or for-profit entity; provided further, that such financial assistance shall support a project located in a municipality with a population of not more than 7,000 year-round residents or a population density of not more than 500 persons per square mile; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office through a contract with the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity; and provided further, that the administering agency may establish additional program requirements through regulations or policy guidelines…………………………………………...…$10,000,000

7002-8056For a competitive grant program administered by the office of travel and tourism; provided, that funds may be used to improve facilities and destinations visited by in-state and out-of-state travelers, with the goals of increasing visitation, enticing repeat visitation and increasing the direct and indirect economic impacts of the tourism industry in all regions of the commonwealth; provided further, that grants shall support the design, repair, renovation, improvement, expansion and construction of facilities owned by municipalities or nonprofit entities; provided further, that all grantees to improve facilities and destinations visited by in-state and out-of-state travelers shall provide a match based on a graduated formula determined by the office of travel and tourism; provided further, that grant recipients shall be required to measure and report on return on investment data after the expenditure of grant funds; provided further, that the program shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned and immigrant-owned small businesses, that have historically faced obstacles accessing capital; and provided further, that grants shall be awarded in a manner that promotes geographic equity…………………………………….………………………………………....… $10,000,000

7002-8057For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to create a capital program to support facilities, equipment and systems that support robotics incubation, testing and innovation for research and development and commercialization activities; provided, that for a facility to be eligible for funding it shall be capable of serving multiple sectors within the robotics ecosystem; and provided further, that any award to a private entity shall result in a significant public benefit and the private benefit is incidental to a legitimate public purpose………………$75,000,000

7002-8058For capital improvements to the college of visual and performing arts at the University of Massachusetts at Dartmouth to promote economic development in southeastern Massachusetts…………………………………………………………………………$30,000,000

7002-8059For a competitive grant program administered by Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws, and doing business as MassVentures, pursuant to section 12 of chapter 40G to promote startups owned or operated by individuals from historically underrepresented groups………………………………………………………………………………….$25,000,000

7002-8060For local and regional economic development capital projects; provided, that not less than $1,000,000 shall be expended for the construction of the cranberry educational center in southeastern Massachusetts…………………………………………………$1,000,000

SECTION 3B.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-0070For state financial assistance in the form of loans for the development of community-based housing or supportive housing for individuals with mental health needs and individuals with intellectual disabilities; provided, that the loan program shall be administered by the department of housing and community development through contracts with the Massachusetts Development Finance Agency established in chapter 23G of the General Laws, the Community Economic Development Assistance Corporation established in chapter 40H of the General Laws, operating agencies established pursuant to chapter 121B of the General Laws and the Massachusetts Housing Finance Agency established in chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance community-based housing or supportive housing or may enter into subcontracts with nonprofit organizations, established pursuant to chapter 180 of the General Laws, or organizations in which such nonprofit corporations have a controlling financial or managerial interest or for-profit organizations; provided further, that preference for the subcontracts shall be given to nonprofit organizations; provided further, that the department shall consider a balanced geographic plan for such community-based housing or supportive housing when issuing the loans; provided further, that the department shall consider development of a balanced range of housing models by prioritizing funds for integrated housing as defined by the appropriate housing and service agencies including, but not limited to, the department of housing and community development, the Massachusetts rehabilitation commission, the department of mental health and the department of developmental services, in consultation with relevant and interested clients, clients’ families, advocates and other parties as necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per cent of the financing of the total development costs; (ii) not be issued unless a contract or agreement for the use of the property for such housing provides for repayment to the commonwealth at the time of disposition of the property in an amount equal to the commonwealth’s proportional contribution from the Facilities Consolidation Fund to the cost of the development through payments made by the state agency making the contract; (iii) not be issued unless the contract or agreement for the use of the property for the purposes of such housing provides for the recording of a deed restriction in the registry of deeds or the registry district of the land court of the county in which the real property is located, for the benefit of the departments, running with the land, that the land shall be used to provide community-based housing or supportive housing for eligible individuals as determined by the department of mental health and the department of developmental services; provided further, that the property shall not be released from such restriction until the balance of the principal and interest for the loan has been repaid in full or until a mortgage foreclosure deed has been recorded; (iv) be issued for a term not to exceed 30 years, during which time repayment may be deferred by the loan issuing authority; provided further, that if on the date the loans become due and payable to the commonwealth, an outstanding balance exists and if, on such date, the department, in consultation with the executive office of health and human services, determines that there still exists a need for such housing and that there is continued funding available for the provision of services to such development, the department may, by agreement with the owner of the development, extend the loans for such periods, each period not to exceed 10 years, as the department shall determine; provided further, that the project shall remain affordable housing for the duration of the loan term, including any extension thereof, as set forth in the contract or agreement entered into by the department; provided further, that in the event the terms of repayment detailed in this item would cause a project authorized by this item to become ineligible to receive federal funds which would otherwise assist in the development of that project, the department may waive the terms of repayment which would cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be determined by the department, in consultation with the state treasurer; provided further, that the loans shall be provided only for projects conforming to this item; provided further, that the loans shall be issued in accordance with a facilities consolidation plan prepared by the secretary of health and human services, reviewed and approved by the department and filed with the secretary of administration and finance, the house and senate committees on ways and means, the house and senate committees on bonding, capital expenditures and state assets and the joint committee on housing; provided further, that no expenditure shall be made from this item without the prior approval of the secretary of administration and finance; provided further, that the department of housing and community development, the department of mental health and the Community Economic Development Assistance Corporation may identify appropriate financing mechanisms and guidelines for grants or loans from this item to promote private development to produce housing, to provide for independent integrated living opportunities, to write down building and operating costs and to serve households at or below 15 per cent of area median income for the benefit of department of mental health clients; provided further, that not more than $5,000,000 may be expended from this item for a pilot program of community-based housing or supportive housing loans to serve mentally ill homeless individuals in the current or former care of the department of mental health; provided further, that in implementing the pilot program, the department shall consider a balanced geographic plan when establishing community-based residences; provided further, that the housing services made available pursuant to such loans shall not be construed as a right or an entitlement for any individual or class of persons to the benefits of the pilot program; provided further, that eligibility for the pilot program shall be established by regulations promulgated by the department; and provided further, that the department shall promulgate regulations under chapter 30A of the General Laws to implement, administer and enforce this item, consistent with the facilities consolidation plan prepared by the secretary of health and human services and after consultation with the secretary and the commissioner of capital asset management and maintenance……………………………$32,100,000

7004-0073For state financial assistance in the form of grants or loans for the Housing Stabilization and Investment Trust Fund, established in section 2 of chapter 121F of the General Laws, and awarded only pursuant to the criteria established in said section 2 of said chapter 121F; provided, that not less than 25 per cent shall be used to fund projects which preserve and produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; and provided further, that if the department of housing and community development has not spent the amount authorized under the bond cap for this program, at the end of each year following the effective date of this act, the department may award the remaining funds to projects that serve households earning more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development………………….... $73,100,000

7004-0075For state financial assistance in the form of grants for a 5-year demonstration program, administered by the department of housing and community development to demonstrate cost effective revitalization methods for state-aided family and elderly-disabled public housing that seek to reduce the need for future state modernization funding; provided, that housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of 1948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of 1974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration program; provided further, that the department may exempt a recipient of demonstration grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by the recipient that such exemptions are necessary to accomplish the effective revitalization of public housing and shall not adversely affect public housing residents or applicants of any income who are otherwise eligible; provided further, that the department may provide to recipients of demonstration grants such additional regulatory relief as may be required to further the objectives of the demonstration program; provided further, that funds shall be made available for technical assistance provided by the Community Economic Development Assistance Corporation established in chapter 40H of the General Laws or the Massachusetts Housing Partnership Fund established in section 35 of chapter 405 of the acts of 1985 to recipients of demonstration grants and for evaluation of the demonstration projects; provided further, that the department shall promulgate regulations for the implementation, administration and enforcement of this item that shall: (i) require that selected housing authorities demonstrate innovative and replicable solutions to the management, marketing or capital needs of state-aided family and elderly-disabled public housing developments and contribute to the continued viability of the housing as a resource for public housing eligible residents; (ii) encourage proposals that demonstrate regional collaborations among housing authorities; and (iii) encourage proposals that propose new affordable housing units on municipally-owned land, underutilized public housing sites or other land owned by the housing authority; and provided further, that the department shall annually report to the house and senate committees on ways and means, the house and senate committees on bonding, capital expenditures and state assets and the joint committee on housing on the progress of the demonstration program.......................................................................$19,300,000

7004-0076For state financial assistance in the form of grants or loans for the Housing Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided, that not less than 25 per cent of the funds made available in this item shall be used to fund projects which preserve and produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development ………………........................$29,500,000

7004-0079For state financial assistance in the form of grants or loans to accelerate and support the creation of low-income and moderate-income housing in close proximity to transit nodes; provided, that the program shall be administered to: (i) maximize the amount of affordable residential and mixed-use space in close proximity to transit nodes, resulting in higher density, compact development and pedestrian-friendly, inclusive and connected neighborhoods; (ii) increase mass transit ridership; (iii) decrease traffic congestion and reduce greenhouse gas emissions; and (iv) increase economic opportunity for disadvantaged populations by making it easier for residents of affordable housing to access public transportation, including transportation supporting commutes to employment centers; provided further, that entities eligible to receive financial assistance shall include governmental bodies, community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based nonprofit housing organizations, other nonprofit organizations and for-profit entities; provided further, that financial assistance provided pursuant to this section shall be made on a competitive basis, with preference for projects in communities disproportionately impacted by the 2019 novel coronavirus pandemic health and economic crisis; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity; provided further, that funds may be used to assist units occupied by and affordable to persons with incomes not more than 110 per cent of the area median income, as defined by the United States Department of Housing and Urban Development, with priority given to projects that provide higher and deeper levels of affordability; provided further, that not less than 25 per cent of the occupants of housing in projects assisted by this item shall be persons whose income is not more than 60 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further, that financial assistance offered pursuant to this item may be administered by the department of housing and community development through a contract with the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, which in turn may directly offer financial assistance for the purposes set forth herein or may enter into subcontracts with nonprofit organizations, established pursuant to chapter 180 of the General Laws for the purposes herein; provided further, that the department may provide financial support to nonprofit and for-profit developers that enter into binding agreements to set aside residential units in market-rate, transit-oriented housing, over and above any units required to be set aside under local zoning or approvals, for rent or sale to income-qualified households at affordable rents or sale prices, as applicable; and provided further, that the department may establish additional program requirements through regulations or policy guidelines…$11,700,000

7004-0081For state financial assistance in the form of grants for projects undertaken pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts entered into by the department of housing and community development for those projects may include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction, redevelopment and hazardous material abatement, including asbestos and lead paint, and for compliance with state codes and laws and for adaptations necessary for compliance with the federal Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and teen service centers and the adaptation of units for families and persons with disabilities; provided further, that priority shall be given to projects undertaken for the purpose of compliance with state codes and laws or for other purposes related to the health and safety of residents; provided further, that funds may be expended from this item to make such modifications to congregate housing units as may be necessary to increase the occupancy rate of those units; provided further, that the department shall continue to fund a program to provide predictable funds to be used flexibly by housing authorities for capital improvements to extend the useful life of state-assisted public housing; and provided further, that not less than 25 per cent of the funds made available in this item shall be used to fund projects which preserve or produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development………………………………$95,200,000

7004-0084For financial assistance to accelerate and support the creation and preservation of sustainable and climate resilient affordable multifamily housing; provided, that such financial assistance shall be made to: (i) incorporate efficient, sustainable and climate-resilient design practices in affordable residential development to support positive climate mitigation outcomes; (ii) reduce greenhouse gas emissions and reliance on fossil fuels; (iii) increase resiliency of existing housing developments to mitigate impacts of climate change, including flooding and extreme temperatures; and (iv) enhance emergency preparedness, including sustainable means of power generation to allow for sheltering vulnerable populations in place; provided further, that financial assistance shall be made available on a competitive basis to community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based nonprofit housing organizations, other nonprofit organizations and for-profit entities; provided further, that funds may be used to assist units occupied by and affordable to persons with incomes not more than 110 per cent of the area median income, as defined by the United States Department of Housing and Urban Development with priority given to projects that provide higher and deeper levels of affordability; provided further, that not less than 25 per cent of the occupants of housing in projects assisted by this item shall be persons whose income is not more than 60 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further, that financial assistance shall be awarded in a manner that promotes geographic, social, racial and economic equity provided further, that financial assistance provided pursuant to this section may be administered by the department of housing and community development through contracts with the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, the Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966, or both, which authorities may directly offer financial assistance for the purposes set forth herein or may enter into subcontracts with nonprofit organizations established pursuant to chapter 180 of the General Laws for those purposes; and provided further, that the administering agency may establish additional program requirements through regulations or policy guidelines……………………………………………………………………………… $1,000,000

7004-8026For the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws………………………………$6,900,000

SECTION 3C.

TREASURER AND RECEIVER GENERAL

0640-1006For the Massachusetts Clean Water Trust, established in section 2 of chapter 29C of the General Laws, for deposit in the Water Pollution Abatement Revolving Fund, established in section 2L of chapter 29 of the General Laws, for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act or for deposit in the Drinking Water Revolving Fund, established in section 2QQ of said chapter 29, for application by the trust to the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act; provided, that funds may be used to assist homeowners in complying with the revised title 5 of the state environmental code for subsurface disposal of sanitary waste; and provided further, that funds may be expended for the costs of projects and programs included in the federal Infrastructure and Investment in Jobs Act of 2021 also known as the Bipartisan Infrastructure Law, Public Law No. 117-58........................................................$104,000,000

SECTION 4. Chapter 6 of the General Laws is hereby amended by striking out section 204, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 204. (a) There shall be an advisory board on employee ownership that shall consist of: the director of the Massachusetts office of business development or a designee; the secretary of labor and workforce development or a designee; the president of the Massachusetts Growth Capital Corporation or a designee; the chief executive officer of Associated Industries of Massachusetts, Inc. or a designee; the executive director of the Center for Economic Democracy Inc. or a designee; the chapter president of the New England chapter of the ESOP Association or a designee; the president of the Massachusetts AFL-CIO or a designee; the president of the University of Massachusetts or a designee; and 7 additional members appointed by the governor who shall represent separate and distinct corporations, each with not less than 30 per cent of company stock owned by an employee stock ownership plan or an employee ownership trust and 4 additional members appointed by the governor who shall represent separate and distinct industrial or worker cooperatives.

(b) Each appointed member shall serve for a term of 4 years. Upon expiration of the term, a successor shall be appointed in the same manner. Any member shall be eligible for reappointment but shall not serve for longer than 8 consecutive years. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Any member may be removed from their appointment by a vote of the majority of the advisory board.

(c) Ten members of the board shall constitute a quorum and the affirmative vote of 10 members shall be necessary and sufficient for any action to be taken by the board. The board shall meet not less than 3 times annually; provided, however, that remote participation in meetings shall be allowed. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. Any action taken by the board may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution.

(d) There shall be a chair and a vice chair of the board elected annually at the first meeting of the advisory board. The board may elect such other officers as it deems necessary.

(e) The board shall advise the governor and the executive director of the Massachusetts Center for Employee Ownership on issues and policy matters pertaining to employee involvement and ownership in the commonwealth. Staff members of the Massachusetts Center for Employee Ownership shall support the administrative functions of the board.

(f) The board shall advise the director of the Massachusetts office of business development on the selection of a director of the Massachusetts center for employee ownership.

(g) The board shall adopt by-laws, operating rules, procedures and a mission statement.

SECTION 5. Chapter 6A of the General Laws is hereby amended by inserting after section 18Z the following section:-

Section 18AA. The Massachusetts emergency management agency shall consider and develop, in all emergency preparedness planning efforts, plans for supporting agricultural, seafood, and processed food production in order to mitigate the impacts of food supply chain disruptions. Plans shall be developed in coordination with the department of agricultural resources, the department of public health, and the department of transitional assistance and shall include consideration for production, transportation, storage and distribution.

SECTION 6. Chapter 20 of the General Laws is hereby amended by inserting after section 6C the following section:-

Section 6D. There shall be a circuit rider program within the department to provide on-site guidance to businesses that are regulated by the department of agricultural resources about state programs, regulations and funding opportunities. Subject to appropriation, the commissioner shall designate a program director. The director shall establish a process by which a farmer may make a request for a farm visit by program staff at no cost. Program staff shall coordinate with state agencies as necessary to assist farmers with compliance. Farm visits under the circuit rider program shall not be made for enforcement purposes.

SECTION 7. Chapter 18 of the General Laws is hereby amended by adding the following section:-

Section 40. (a) The department, in collaboration with the department of agricultural resources and the department of public health, shall operate a healthy incentives program. The program shall require a participating vendor to accept supplemental nutrition assistance program benefits for fruit and vegetable purchases, whether fresh, canned, dried or frozen, and shall provide matching benefit reimbursed on a benefit recipient’s electronic benefit transfer card for such purchases, subject to limitations established by the department.

(b) There shall be a Healthy Incentives Trust Fund to be administered by the commissioner for the purpose of supporting the operation of the healthy incentives program established in subsection (a). The fund shall consist of money authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions, investment income earned by the fund's assets and any designated funds from other sources. The department may apply for any available federal program, including, but not limited to, the Gus Schumacher Nutrition Incentive Program administered by the United States Department of Agriculture, to provide matching benefits to be deposited in the fund. No expenditures from the fund shall cause the fund to be deficient at the close of the fiscal year. Any money in the fund at the end of the fiscal year shall not revert to the General Fund, shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.

SECTION 8. Section 16 of chapter 23D of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out, in line 9, the words “industrial services program” and inserting in place thereof the following words:- Massachusetts center for employee ownership.

SECTION 9. Said chapter 23D is hereby further amended by striking out section 17, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 17. (a) There is hereby established a Massachusetts center for employee ownership within the Massachusetts office of business development established pursuant to section 1 of chapter 23A. The Massachusetts center for employee ownership shall provide education, conduct outreach and promote efforts to create an overall environment in the commonwealth to: (i) expand and enhance employee ownership; (ii) increase the number of employee-owned companies; (iii) publicize and promote the benefits of employee involvement and ownership to policy makers and the general public; (iv) encourage collaborative outreach efforts regarding involvement and ownership in the workplace; (v) research and evaluate employee involvement and employee ownership in the commonwealth; (vi) showcase employee ownership initiatives in the commonwealth; (vii) facilitate and coordinate the sharing of existing information and resources; and (viii) provide grants pursuant to this chapter.

(b)(1) The director of the Massachusetts center for employee ownership shall have the power to hire staff, appoint any specific committee or task force and contract with consultants, agents or advisors deemed necessary to further the purposes of this section.

(2) The director may accept gifts or grants of money or property from any source to further the work of the center; provided, however, that any money received shall be deposited with the state treasurer to be kept in a separate fund in the treasury to be named the Massachusetts Center for Employee Ownership Fund dedicated to the center and for expenditure without appropriation by the director of the center in accordance with the conditions of such a gift or grant. Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.

(3) The director shall issue rules, regulations and procedures governing the application for and delivery of services which are deemed necessary for the proper performance of the duties of the center.

(4) Annually, the director shall file a report with the clerks of the senate and house of representatives, including an inventory of employee-owned businesses in the state and the specific activities taken by the center to support and promote the transition of traditionally structured companies to an employee ownership model.

(5) The director shall be a full-time employee of the Massachusetts office of business development and shall be appointed by and report directly to the director of the Massachusetts office of business development.

SECTION 10. Subsection (b) of section 29A of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out the definition of “Economically distressed area”.

SECTION 11. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 29, the words “located within an economically distressed area”.

SECTION 12. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by inserting after the word “made”, in line 34, the following words:- or will make.

SECTION 13. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 44 and 45, the words “economically distressed areas of”.

SECTION 14. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 55 and 56, the words “within an economically distressed area as defined in section 2 of chapter 21E”.

SECTION 15. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 66, the figure “$500,000” and inserting in place thereof the following figure:- $750,000.

SECTION 16. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 69, the figure “$100,000” and inserting in place thereof the following figure:- $250,000.

SECTION 17. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by inserting after the word “applied”, in line 78, the following words:- ; provided, however, that the required contribution may be in the form of in-kind services or other non-cash contribution as the agency may determine in its reasonable discretion.

SECTION 18. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 84, the word “and”.

SECTION 19. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 87 and 88, the words “corporation or an economic development authority” and inserting in place thereof the following words:- corporation, economic development authority or a nonprofit entity in connection with a project that has a demonstrable public benefit; provided, however, that the agency shall establish guidelines for nonprofit eligibility; and.

SECTION 20. Subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby further amended by adding the following clause:-

(12) preference shall be given to projects located within 1 mile of a qualified census tract, as defined in Section 42(d)(5) of the Internal Revenue Code.

SECTION 21. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 97 and 98, the words “economically distressed”.

SECTION 22. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 128 and 129 and in lines 129 and 130, the words “economically distressed area” and inserting in place thereof, in each instance, the following word:- municipality.

SECTION 23. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 189 and 190, the words “director of economic development or his” and inserting in place thereof the following words:- secretary of housing and economic development or the secretary’s.

SECTION 24. Said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in lines 208 to 210, inclusive, the words “in economically distressed areas that are considered by the ombudsman and the department of economic development” and inserting in place thereof the following words:- that are considered by the ombudsman and the secretary of housing and economic development.

SECTION 25. Section 20 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out, in line 158, the words “governing boards” and inserting in place thereof the following words:- governing body.

SECTION 26. Section 5B of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

There shall be designated 2 types of stabilization funds. One shall be known as the general purpose stabilization fund and the other stabilization funds shall be known as special purpose stabilization funds. At the time of creating any stabilization fund, the city, town or district shall specify, and may alter any time thereafter, the purpose of the fund, which may be for any lawful purpose, including, but not limited to, an approved school project pursuant to chapter 70B or any other purpose for which the city, town or district may lawfully borrow money. The specification and any alteration of purpose and any appropriation of funds from the general purpose stabilization fund shall be approved by a two-thirds vote, except as provided in paragraph (g) of section 21C of chapter 59 for a majority referendum vote. Subject to said section 21C of said chapter 59, any such vote shall be of the legislative body of the city, town or district, subject to the city, town or district charter. Appropriation of funds from a special purpose stabilization fund shall be approved by a majority vote.

SECTION 27. Section 10 of chapter 40G of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any documentary materials or data whatsoever made or received by any member or employee of the corporation and consisting of, or to the extent that such material or data consist of, trade secrets or commercial or financial information regarding the operation of any business conducted by an applicant for, or recipient of, any form of assistance which the corporation is empowered to render or regarding the competitive position of such applicant in a particular field of endeavor shall not be deemed public records of the corporation and shall not be subject to section 10 of chapter 66.

SECTION 28. Chapter 40J of the General Laws is hereby amended by inserting after section 6I the following 2 sections:-

Section 6J. (a) There shall be established within the corporation a Massachusetts cybersecurity center. The purpose of the center shall be to enhance the conditions for economic growth through outreach to the cybersecurity industry cluster in the commonwealth and to foster cybersecurity resiliency through communication, collaboration and outreach with state agencies, municipalities, educational institutions and private partners.

(b) The center shall carry out the purposes of the fund established in section 4H.

(c) The center shall be responsible for convening state and local officials and private sector participants to recommend actions needed to address the cybersecurity resiliency of the commonwealth. The center may also convene regional hubs for business development to support cybersecurity entrepreneurs that are establishing innovative technologies to support resiliency.

(d) The center shall work in collaboration with private sector entities, educational institutions and state and local government to address cybersecurity issues, including, but not limited to: (i) improving the cybersecurity of organizations, particularly municipalities, small businesses and non-profits, without access to affordable resources to defend against cybersecurity threats and to maintain cyber resiliency; (ii) the shortage of trained workers available to meet the cybersecurity industry’s workforce demands, with a particular focus on increasing the diversity of the cybersecurity workforce; and (iii) the lack of affordable cybersecurity training for employees in all types of businesses.

Section 6K. (a) There shall be established within the corporation a center for advanced manufacturing. The purpose of the center shall be to support companies engaged in manufacturing in the commonwealth and shall be administered in a manner that considers the needs of manufacturers in all regions of the commonwealth and supports growth in the manufacturing sector statewide. The corporation shall design and implement the activities of the center, in consultation with the secretary of housing and economic development and the Massachusetts advanced manufacturing collaborative established pursuant to section 10B of chapter 23A.

(b) The center shall facilitate the growth and competitiveness of the advanced manufacturing sector in the commonwealth by: (i) aligning investments and programs with the commonwealth’s priorities for advanced manufacturing; (ii) leveraging existing state and federal programs that support manufacturers to increase the regional impact of advanced manufacturing; (iii) fostering collaboration throughout the manufacturing ecosystem; (iv) aligning programs and investments in support of federal programs to scale critical and secure supply chains; (v) supporting, coordinating and developing advanced manufacturing workforce training programs; and (vi) creating initiatives that advance the commonwealth’s manufacturing plan established pursuant to section 10B of chapter 23A.

SECTION 29. Section 2 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Approved starter home zoning district”.

SECTION 30. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 38, the words “or starter home zoning”.

SECTION 31. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 56, the words “or starter home zoning districts”.

SECTION 32. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 78 and 79, the words “or starter home zoning”.

SECTION 33. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 91, the words “under the underlying zoning” and inserting in place thereof the following words:- without the smart growth zoning district.

SECTION 34. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out the definitions of “Production bonus payment” to “Starter home zoning district certificate of compliance”, inclusive, and inserting in place thereof the following 3 definitions:-

“Project”, a proposed residential or mixed-use development within a smart growth zoning district.

“Smart growth zoning district”, a zoning district adopted by a city or town under this chapter that replaces or is superimposed over 1 or more zoning districts in an eligible location, within which a developer may elect to either develop a project in accordance with requirements of the smart growth zoning district ordinance or by-law or, where superimposed over 1 or more zoning districts, develop a project in accordance with requirements of the underlying zoning district.

“Smart growth zoning district certificate of compliance”, a written certification by the department in accordance with section 7.

SECTION 35. Section 3 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 8 and 19 and 20, each time they appear, the words “or starter home zoning district”.

SECTION 36. Said section 3 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 16, the words “or starter home zoning districts”.

SECTION 37. Section 4 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 3, the words “or starter home”.

SECTION 38. Said section 4 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 15, the words “or starter home zoning district”.

SECTION 39. Section 5 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 7, 9, and 18 and 19, each time they appear, the words “or starter home zoning district”.

SECTION 40. Said section 5 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 10, the words “as to smart growth zoning districts only,”.

SECTION 41. Section 6 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “or starter home zoning district”.

SECTION 42. Clause (3) of subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the second sentence.

SECTION 43. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out clause (5).

SECTION 44. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 40, the figure “(6)” and inserting in place thereof the following figure:- (5).

SECTION 45. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out clause (7) and inserting in place thereof the following clause:-

(6) A proposed smart growth zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits.

SECTION 46. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 56 and 57, the words “(8) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (7) A proposed smart growth zoning district.

SECTION 47. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 70 and 71, the words “(9) Housing in a smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (8) Housing in a smart growth zoning district.

SECTION 48. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 73 and 74, the words “(10) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (9) A proposed smart growth zoning district.

SECTION 49. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 78 and 79, the words “(11) The aggregate land area of all approved smart growth zoning districts and starter home zoning district” and inserting in place thereof the following words:- (10) The aggregate land area of all approved smart growth zoning districts.

SECTION 50. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 84, the figure “(12)” and inserting in place thereof the following figure:- (11).

SECTION 51. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 88 and 89, the words “(13) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (12) A proposed smart growth zoning district.

SECTION 52. Subsection (b) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A smart growth zoning district ordinance or by-law may modify or eliminate the city or town’s dimensional standards in order to support desired densities, mix of uses and physical character.

SECTION 53. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 101 and 102, 103, 105 and 106, 110 and 111, 116 and 117, 122, 125 and 126, 131, 149 and 150 and in lines 165 and 166, each time they appear, the words “or starter home zoning district”.

SECTION 54. Subsection (c) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the second sentence.

SECTION 55. Section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “or starter home zoning district certificate of compliance, as applicable,”.

SECTION 56. Said section 7 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 9, the words “or a starter home zoning district, as applicable”.

SECTION 57. Said section 7 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 16 and 17, the words “or starter home zoning district ordinance or by-law, as applicable,”.

SECTION 58. Said section 7 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 29 and 30, the words “or starter home zoning district ordinance or by-law, as applicable,”.

SECTION 59. Section 8 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 7 and 11, each time they appear, the words “or starter home zoning district”.

SECTION 60. Section 9 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 2, lines 16 and 17 and line 20, each time they appear, the words:- or starter home zoning district.

SECTION 61. Said section 9 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 24 to 26, inclusive, the words “and a one-time production bonus payment to each city or town with an approved starter home zoning district”.

SECTION 62. Said section 9 `of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 27 to 29, inclusive, the words “and $3,000 for each housing unit of new construction created in the starter home zoning district”.

SECTION 63. Said section 9 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 38, the words “or starter home zoning districts”.

SECTION 64. Section 10 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 5 and lines 21 and 22, each time they appear the words “or starter home zoning district”.

SECTION 65. Said section 10 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 12, the words “In a smart growth zoning district, the” and inserting in place thereof the following word:- The.

SECTION 66. Section 11 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 12, 18, 71 and 76 and lines 130 and 131, each time they appear, the words “or starter home zoning district”.

SECTION 67. Section 12 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 3, the words “and starter home zoning district programs” and inserting in place thereof the following word:- program.

SECTION 68. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words “or starter home zoning districts”.

SECTION 69. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “and starter home zoning districts”.

SECTION 70. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 16 and lines 23 and 24, each time they appear, the words “and one-time production bonus payments”.

SECTION 71. Section 14 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2 and 3, 5 and 6, 8, 15 and 16 and in line 24, each time they appear, the words “or starter home zoning district”.

SECTION 72. Said section 14 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words “or starter home zoning”.

SECTION 73. The General Laws are hereby further amended by inserting after chapter 40X the following chapter:-

CHAPTER 40Y.

STARTER HOME ZONING DISTRICTS

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Department”, the department of housing and community development.

“Developable land area”, area within an approved starter home zoning district that can be feasibly developed into residential or mixed-use developments, which may include the land area occupied by or associated with underutilized residential, commercial, industrial or institutional buildings or uses that have the potential to be recycled or converted into residential or mixed-use developments, all as determined in accordance with regulations of the department; provided, however, that ”developable land area” shall not include: (i) land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed land area; (ii) open space designated by the city or town as provided in section 3; or (iii) areas exceeding 1/2 acre of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, including wetlands.

“Historic district”, a local historic district established under chapter 40C.

“Open space”, without limitation, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use.

“Plan approval authority”, the board or other unit of municipal government designated by the city or town to conduct site plan review of proposed starter home projects.

“Production bonus payment”, a 1-time payment to a municipality from the trust fund for each starter home created in a starter home zoning district.

“Starter home”, a single-family home not exceeding 1,850 square feet of heated living area.

“Starter home zoning district”, a base or overlay zoning district established by a zoning ordinance or by-law that complies with the requirements of section 3.

“Sustainable development standards”, provisions in the zoning ordinance or by-law including, but not limited to, requirements that new development projects: (i) minimize site disturbance and permanently preserve undeveloped open space to the greatest extent practicable; and (ii) collect and manage storm water runoff in accordance with low impact development practices.

“Trust fund”, the Smart Growth Housing Trust Fund established in section 35AA of chapter 10.

“Zoning incentive payment”, a 1-time payment to a municipality from the trust fund payable upon the municipality’s adoption, and the department’s approval, of an approved starter home zoning district.

Section 2. (a) A city or town may, by zoning ordinance or by-law, establish a starter home zoning district in any area deemed suitable by the city or town. A starter home zoning district ordinance or by-law, or any amendment thereto or repeal thereof, shall be adopted in accordance with section 5 of chapter 40A; provided, however, that the ordinance or by-law, or any amendment thereto or repeal thereof, shall be adopted by a majority vote of all of the members of the city council or of the town council in a town having a town council form and town manager form of government or by a majority vote of the town meeting in all other towns.

(b) Prior to the adoption of a proposed starter home zoning district ordinance or by-law, a city or town shall request a preliminary determination by the department as to whether the proposed starter home zoning district will comply with the requirements of this chapter. A request for a preliminary determination of eligibility shall be submitted by the chief executive of a city or town on a form prescribed by the department and shall include: (i) the boundaries of the proposed starter home zoning district; (ii) a map and description of the developable land area within the proposed starter home zoning district; (iii) a copy of the proposed starter home zoning district ordinance or by-law; (iv) a narrative and any exhibits needed to establish the elements set forth in section 3; and (v) any additional information the department may require in order to make a preliminary determination of eligibility. The department shall respond any such request within 45 days after receipt of all information required to make a preliminary determination.

(c) After the adoption of a proposed starter home zoning district ordinance or by-law, the city or town shall request from the department a final approval of the starter home zoning district. The department shall issue a final approval upon finding that the starter home zoning district as established complies with the requirements of this chapter, subject to any conditions imposed by the department as a condition of its approval. The department’s final approval shall be required prior to the disbursement of a zoning incentive payment as set forth in section 6.

(d) The city or town shall provide written notice to the department not less than 45 days before a vote taken to adopt any amendment to the zoning ordinance or by-law as it applies to an approved starter home zoning district. The notice shall state the number of starter homes that have been built within the district since its establishment and shall include an evaluation of the number of projected starter homes, if any, that will remain developable within the starter home district after the adoption of the proposed amendment.

Section 3. (a) A starter home zoning district shall comply with the requirements of this section

(b) Starter homes shall be a use permitted as of right at a density of not fewer than 4 units per acre of developable land area. No other single-family residential uses shall be permitted as of right or by special permit in the starter home zoning district, except the zoning ordinance may permit construction of an accessory dwelling unit of 600 square feet or less on the same lot as a starter home. Accessory commercial and other nonresidential uses may be allowed in a starter home district with the approval of the department.

(c) Each starter home zoning district shall incorporate sustainable development standards that apply to all starter home developments.

(d) Not less than 50 per cent of the starter homes to be developed in a proposed starter home zoning district, excluding accessory dwelling units, shall contain not less than 3 bedrooms.

(e) The zoning ordinance or by-law shall provide that for each proposed starter home zoning district in which a proposed development is for more than 12 starter homes, not less than 10 per cent of the starter homes shall be affordable to and occupied by individuals and families whose annual income is less than 110 per cent of the area median income as determined by the United States Department of Housing and Urban Development. The zoning ordinance or by-law shall specify the mechanism by which the city or town shall ensure that a project complies with the affordability requirements, when applicable, and may require the execution and recording of an affordable housing restriction as defined in section 31 of chapter 184.

(f) A proposed starter home zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits. Further, a proposed starter home zoning district shall not be subject to any municipal environmental or health ordinances, by-laws or regulations that exceed applicable requirements of state law or regulation that would render infeasible the development contemplated under the application for the district, as determined by the department.

(g) A starter home zoning district ordinance or by-law shall not impose restrictions on age or any other occupancy restrictions on the district as a whole or any portion thereof or project therein.

(h) Housing in a starter home zoning district shall comply with federal, state and local fair housing laws.

(i) The total land area of all starter home zoning districts in a city or town shall not exceed 15 per cent of the total land area in the city or town. Upon request, the department may approve a larger land area if such approval serves the goals and objectives of this chapter.

Section 4. (a) The starter home zoning district ordinance or by-law may require individual projects to design site plans in a manner that preserves developable land area as open space; provided, however, that the zoning ordinance or by-law shall allow for 4 starter homes per acre, including the developable land area preserved as open space. The zoning ordinance or by-law may provide for such open space to be preserved through a conservation restriction as defined in section 31 of chapter 184 by the grant of an easement or restriction to the municipal conservation commission or by such other means as is authorized by the General Laws.

(b) A local historic district may overlap with a starter home zoning district in whole or in part and the local historic district shall not render the city or town noncompliant with this chapter, as determined by the department.

(c) The zoning ordinance or by-law applicable to a starter home zoning district may include reasonable design standards applicable to individual starter home projects, to ensure that the physical character of development within the starter home zoning district is complementary to adjacent buildings and structures. Such standards may address the scale and proportions of buildings, the alignment, the width and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs and buffering in relation to adjacent properties. A design standard shall not be adopted if it will add unreasonable costs to starter home developments or unreasonably impair the economic feasibility of proposed starter home projects.

(d)(1) The starter home zoning district zoning ordinance or by-law may provide for site plan review of proposed starter home projects; provided, however, that such review shall be consistent with and subject to the limitations in this subsection.

(2) The ordinance or by-law may require the applicant to pay for reasonable consulting fees to provide peer review of the applications for the benefit of the plan approval authority; provided, however, that fees shall be held by the municipality in a separate interest-bearing account and used solely for expenses associated with the review of the development application by outside consultants. Any surplus remaining after the completion of the review, including any interest accrued, shall be returned to the applicant.

(3) The starter home zoning district ordinance or by-law may provide for the referral of the plan to municipal officers, agencies or boards other than the plan approval authority for comment; provided, however, that any such board, agency or officer shall provide its comments to the plan approval authority within 60 days after its receipt of a copy of the plan.

(4) Notwithstanding any provision in the zoning code or by-law to the contrary, the decision of the plan approval authority shall be made, and a written notice of the decision filed with the city or town clerk, not later than 120 days after the receipt of a complete application by the city or town clerk, unless such timeframe for decision is extended by written agreement between the applicant and the plan approval authority. Failure of the plan approval authority to take action within 120 days or any such extended time, shall be deemed to be an approval of the plan. An applicant who seeks approval of a plan by reason of the failure of the plan approval authority to act within the 120-day period shall notify the city or town clerk, in writing, within 14 days after the expiration of the 120-day period or any such extended time. Such notice to the city or town clerk shall specify relevant details of the application timeline demonstrating the lack of decision.

(5) Notwithstanding any provision of the starter home zoning district ordinance or by-law to the contrary, the plan approval authority may approve a site plan subject only to those conditions that are necessary to: (i) ensure substantial compliance of the proposed project with the requirements of the starter home zoning district ordinance or by-law; (ii) ensure public safety or the safety of persons living in or visiting the proposed project; or (iii) mitigate any extraordinary adverse impacts of the project on nearby properties.

(6) The department may establish additional standards or limitations for site plan review pursuant to this section.

Section 5. At least once annually, on or before a date specified by the department, each city or town with at least 1 approved starter home zoning district shall submit the following information to the department:

(i) whether the city or town has repealed or amended, or proposed to amend or repeal, any of the requirements applicable to any starter home zoning district;

(ii) whether there are any pending proposals to construct starter homes within a starter home zoning district; and

(iii) whether any starter homes have been constructed within a starter home zoning district and, if so, whether those projects comply with the zoning requirements applicable to that district.

Section 6. Subject to any conditions imposed by the department as a condition of approving a starter home zoning district, each city or town with an approved starter home zoning district shall be entitled to a 1-time zoning incentive payment upon approval of the district by the department in accordance with the schedule set forth in subsection (a) of section 9 of chapter 40R and a production bonus payment of $3,000 for each starter home created in the starter home zoning district.

Section 7. (a) The department may revoke its approval of an approved starter home zoning district if, at any time, the department determines that:

(i) a city or town with an approved starter home zoning district has not complied with the requirements of this chapter;

(ii) The zoning ordinance or by-law applicable to an approved starter home zoning district no longer complies with the requirements of this chapter;

(iii) The zoning ordinance or by-law applicable to an approved starter home zoning district has been amended in such a way that the number of starter homes that can be developed within the starter home zoning district is reduced; or

(iv) No building permits have been issued for any starter homes within the starter home zoning district within 5 years from the date of the department’s approval of the district.

The department may revoke the approval of an approved starter home zoning district only after conducting a hearing in accordance with chapter 30A unless the municipality waives its right to a hearing, in writing. The department’s revocation of approval shall not affect the validity of the starter home zoning district ordinance or by-law, as applicable, or the application of such ordinance or by-law to land, development or proposed development within the starter home zoning district.

(b) If the department revokes its approval of an approved starter home zoning district, the affected city or town shall repay to the department the zoning incentive payment or such portion thereof as the department may specify. All money repaid to the department under this section shall be credited to the funding source from which the payment originated.

Section 8. The department may promulgate regulations for the administration and enforcement of this chapter.

SECTION 74. Section 1B of chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-

In any town that accepts this paragraph, the positions of appointed town treasurer and appointed collector of taxes shall be combined into 1 position and become an appointed position in the manner provided in this section. Any incumbent serving in either such position at the time of acceptance shall continue to hold office and perform the duties thereof until the expiration of the term for which the person was appointed or until the person otherwise vacates such office.

SECTION 75. Section 53 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof the following 4 clauses:- (2) sums not in excess of $150,000 to be recovered under the terms of a fire or physical damage insurance policy or received as restitution for damage done to such city, town or district property may, with the approval of the chief executive officer, be spent by the officer or department having control of the city, town or district property for the restoration or replacement of such property without specific appropriation during the fiscal year in which the damage occurs or within 120 days after the end of that fiscal year, whichever is later; provided, however, that any insurance or restitution received by the city, town or district shall be applied to finance the restoration or replacement of the damaged property and any such expenditures outstanding at the close of the fiscal year after the fiscal year in which the damage occurred shall be reported by the auditor or accountant of the city, town or district, or other officer having similar duties, or by the treasurer if there is no such officer, to the assessors, who shall include the amount so reported in the determination of the next annual tax rate unless the city, town or district has otherwise made provision therefor; (3) sums recovered from pupils in the public schools for loss of or damage to school books, materials, electronic devices or other learning aids provided by the school committee, or paid by pupils for materials used in the industrial arts projects, may be used by the school committee for the restoration or replacement of such books or materials without specific appropriation; (4) nonrecurring, unanticipated sums received by multiple cities, towns or districts and not otherwise provided for by a general or special law may, upon the approval of the director of accounts, be expended at the direction of the chief executive officer without further appropriation solely for the purpose for which the money was received; and (5) nonrecurring, unanticipated sums received by multiple cities, towns or districts and not otherwise provided for by a general or special law may, upon the approval of the director of accounts, be deposited in a separate revenue account established in the treasury and expended, by appropriation, solely for the purposes for which the money was received.

SECTION 76. The fourth paragraph of section 53E½ of said chapter 44, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The city or town shall, on or before July 1 of the fiscal year to which it shall first apply, vote on the total amount that may be expended from each revolving fund established under this section during any fiscal year.

SECTION 77. Said chapter 44 of the General Laws is hereby further amended by inserting after section 53J the following section:-

Section 53K. Notwithstanding section 53, any city or town may, upon the approval of the chief executive officer, establish in the city or town treasury a separate revenue account into which shall be deposited any money received from: (i) a party under a host or other agreement in connection with the costs imposed upon the city or town by the operation or location of the party in the city or town; or (ii) an applicant to meet any condition or obligation required for the approval or issuance of a permit or license, including those issued under section 8C of chapter 40, chapter 40A, chapter 40B, sections 81K to 81GG, inclusive, of chapter 41, chapter 111, chapter 138 or any other municipal permitting or licensing law or under any ordinance, by-law, rule or regulations promulgated by a municipal permit or license-approving or license-granting officer or board when exercising any authority conferred by any such law, ordinance, by-law, rule or regulation. Any such special revenue account shall be established by the municipal treasurer and shall be kept separate and apart from other funds. Money in such account shall be expended at the direction of the chief executive officer without further appropriation solely for the purposes for which the money was received.

SECTION 78. Section 2 of chapter 61 of the General Laws, as so appearing, is hereby amended by striking out, in line 40, the word “October” and inserting in place thereof the following word:- December.

SECTION 79. Said section 2 of said chapter 61, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

If, in the judgment of the assessors, land which is classified as forest land or which is the subject of an application for such classification is not being managed under a program, is being used for purposes incompatible with forest production or does not otherwise qualify under this chapter, the assessors may, not later than February 1 in any year, file an appeal in writing, which shall be sent by certified mail, to the state forester requesting a denial of the application or, in the case of classified forest land, requesting removal of the land from such classification. The appeal shall state the reasons for the request. A copy of the appeal shall be sent by the assessors by certified mail to the owner of the land. The state forester may initiate, not later than December 1 of any year, a proceeding to remove the land from classification and shall send notice of the action by certified mail to the assessors and the owner of the land. The state forester may deny the owner's application, may withdraw all or part of the land from classification or may grant the application, imposing terms and conditions that the state forester deems reasonable to carry out this chapter and shall notify the assessors and the owner of that decision not later than March 1 of the following year. If the owner or the assessors are aggrieved by a decision of the state forester, such aggrieved party may, not later than June 15, give notice to the state forester of a notice of appeal. Not later than 30 days after receipt of a notice of appeal, the state forester shall convene a panel in the region in which the land is located. The panel shall consist of 3 persons, 1 of whom shall be selected by the state forester, 1 of whom shall be selected by the assessors and 1 of whom shall be selected jointly by the state forester and the assessors. The panel shall give written notice of the date, time and place of the hearing to the parties not less than 7 days before the date of that hearing. The panel shall provide written notice to the parties, of its decision not later than 10 days after the adjournment of the hearing. Decisions of the panel shall be by majority vote of its members. If the owner or the assessors are aggrieved by a decision of the panel, the aggrieved party may, not later than 45 days after receipt of the decision, petition the superior court in the county in which the land is located for a review of the decision pursuant to chapter 30A or petition the appellate tax board pursuant to chapter 58A; provided, however, that the land shall not be classified or withdrawn from classification until the final determination of the petition. The state forester may adopt such regulations as the state forester deems necessary to carry out this chapter.

SECTION 80. Section 2 of chapter 61A of the General Laws, as so appearing, is hereby amended by inserting after the word “products”, in line 5, the following words:- or any products derived from such products.

SECTION 81. Said section 2 of said chapter 61A of the General Laws, as so appearing, is hereby further amended by inserting after the word “them”, in line 13, the words: and any products derived therefrom.

SECTION 82. Said chapter 61A is hereby further amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. The eligibility of land for valuation, assessment and taxation pursuant to section 4 shall be determined separately for each tax year. An application for eligibility shall be submitted to the board of assessors in the city or town in which the land is situated by not later than December 1 preceding each tax year for which the valuation, assessment and taxation are being sought, and once submitted, the application shall not be withdrawn. An application shall be made on a form prescribed by the commissioner of revenue and provided to applicants by the board of assessors. The form shall provide for the reporting of information pertinent to this chapter and to Article XCIX of the Amendments to the Constitution of the Commonwealth and for certification by the applicant that the applicant will immediately, but not later than December 1 of the following year, notify the board of assessors in writing of any subsequently developing circumstance within the applicant’s control or knowledge which may cause a change in use of the land covered by the form. An application submitted pursuant to this section for leased land shall be accompanied by a written statement of the lessee’s intent to use the land for the purposes in the application and shall be signed by the lessee. The landowner shall certify, in a manner prescribed by the commissioner, that under the penalties of perjury the information in the landowner’s application is true. If the application is allowed pursuant to section 9, then the classification of the land as actively devoted to agricultural, horticultural or agricultural and horticultural use shall take effect on the January 1 preceding the beginning of the tax year to which the application relates and taxation pursuant to this chapter shall commence with that tax year.

SECTION 83. Section 7 of said chapter 61A, as so appearing, is hereby amended by striking out, in line 3, the words “October first and June thirtieth of the year” and inserting in place thereof the following words:- December 1 and June 30.

SECTION 84. Said chapter 61A is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. Notwithstanding any provision of this chapter to the contrary, in any tax year for which a city or town has undertaken and completed a program of revaluation of all property in that city or town and the commissioner of revenue has certified that the revalued property is assessed by the board of assessors at full and fair cash valuation, applications by landowners for the valuation, assessment and taxation of their lands on the basis of being actively devoted to agricultural, horticultural or agricultural and horticultural use that are filed with the board of assessors by not later than the last day for filing an application for abatement of the tax assessed on the new valuation, shall be deemed to have been timely made for the tax year of the revaluation program. If the application is approved and the lands qualify for valuation, assessment and taxation as lands actively devoted to agricultural, horticultural or agricultural and horticultural use in that tax year, then the portion of any tax assessed for that year which is in excess of the tax that would have been assessed on the lands, if the application had been timely made and approved, shall be abated.

SECTION 85. Section 14 of said chapter 61A, as so appearing, is hereby amended by striking out, in lines 113 to 116, inclusive, the words “no less than 70 per cent of the land in use as forest land as defined in section 1, as agricultural and horticultural land as defined in sections 1 and 2 of chapter 61A or as recreation” and inserting in place thereof the following words:- not less than 70 per cent of the land in use as forest land as defined in section 1 of chapter 61, as land in agricultural or horticultural use as defined in sections 1 and 2 or as recreational.

SECTION 86. Chapter 61B of the General Laws is hereby amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. The eligibility of land for valuation, assessment and taxation pursuant to this chapter shall be determined separately for each tax year. An application for eligibility shall be submitted to the board of assessors in the city or town in which the land is situated by not later than December 1 of the preceding tax year for which the valuation, assessment and taxation is being sought. The application shall be made on a form prescribed by the commissioner of revenue and provided to applicants by the board of assessors. The form shall provide for the reporting of information pertinent to this chapter and for certification by the applicant that the applicant will immediately, but not later than the December 1 of the following year, notify the board of assessors in writing of any subsequent circumstance within the applicant’s control or knowledge which may cause a change in use of the land covered by the form. An application submitted pursuant to this section for leased land shall be accompanied by a written statement of the lessee’s intent to use the land for the purposes in the application and shall be signed by the lessee. The landowner shall certify, in a manner prescribed by the commissioner, that under the penalties of perjury the information in the landowner’s application is true. If the application is allowed pursuant to section 6, then the classification of the land as recreational land shall take effect on January 1 preceding the beginning of the tax year to which the application relates and taxation pursuant to this chapter shall commence with that tax year.

SECTION 87. Section 4 of said chapter 61B of the General Laws, as so appearing. is hereby amended by striking out, in lines 2 and 3, the words “October first and June thirtieth” and inserting in place thereof the following words:- December 1 and June 30.

SECTION 88. Said chapter 61B of the General Laws is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. Notwithstanding any provision of this chapter to the contrary, in any tax year for which a city or town has undertaken and completed a program of revaluation of all property in that city or town and the commissioner of revenue has certified that revalued property is assessed by the board of assessors at full and fair cash valuation, applications by landowners for the valuation, assessment and taxation of their lands on the basis of being maintained in recreational use, if filed with the board of assessors by not later than the last day for filing an application for abatement of the tax assessed on the new valuation, shall be deemed to have been timely made for the tax year of the revaluation program. If the application is approved and the lands qualify for valuation, assessment and taxation as lands actively devoted to agricultural, horticultural or agricultural and horticultural use in that tax year, then the portion of a tax assessed for that year which is in excess of the tax which would have been assessed on the lands if the application had been timely made and approved, shall be abated.

SECTION 89. Section 6 of said chapter 61B of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “disallowance” and inserting in place thereof the following words:- an allowance.

SECTION 90. Section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 109, the figure “$3,000” and inserting in place thereof the following figure:- $4,000.

SECTION 91. Section 6 of said chapter 62, as most recently amended by section 33 of chapter 102 of the Acts of 2021, is hereby further amended by striking out, in lines 245 and 250, the figure “30” and inserting in place thereof, in each instance, the following figure:- 40.

SECTION 92. Said section 6 of said chapter 62, as so amended, is hereby amended by striking out, in line 290, the figure “2023” and inserting in place thereof the following figure:- 2028.

SECTION 93. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in line 296, the figure “2024” and inserting in place thereof the following figure:- 2029.

SECTION 94. Paragraph (4) of subsection (j) of said section 6 of said chapter 62, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- For the purpose of the Brownfields Redevelopment Fund, state financial assistance shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner.

SECTION 95. Said section 6 of said chapter 62, as most recently amended by section 33 of chapter 102 of the Acts of 2021, is hereby further amended by striking out, in line 447, the figure “$750” and inserting in place thereof the following figure:- $1,755.

SECTION 96. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in lines 896 to 898, inclusive, the words “The total amount of credits that may be authorized by DHCD in a calendar year pursuant to this subsection and section 38BB of chapter 63 shall not exceed $10,000,000 and” and inserting in place thereof the following words:- DHCD may authorize not more than $30,000,000 in credits annually under this subsection and section 38BB of chapter 63. In addition, DHCD may authorize annually any credits under this subsection or said section 38BB of said chapter 63 returned to DHCD by a certified housing development project. The total amount of credits authorized during a year.

SECTION 97. Said section 6 of said chapter 62, as so amended, is hereby further amended by inserting after the figure “63;”, in line 900, the following word:- and.

SECTION 98. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in lines 904, inclusive, the figure “$10,000,000” and inserting in place thereof the following figure:- $30,000,000.

SECTION 99. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in line 906, the word “The” the first time it appears.

SECTION 100. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out subsections (x) and (y) and inserting in place thereof the following subsection:-

(x) A taxpayer who maintains a household that includes as a member: (i) at least 1 individual under the age of 13 who qualifies for exemption as a dependent under section 151 of the Code; (ii) at least 1 qualifying individual, as defined in said section 21 of the Code; or (iii) at least 1 individual who is: (A) not less than 65 years of age or who is disabled; and (B) who qualifies as a dependent under section 152 of the Code, shall be allowed a credit in an amount equal to $310 for each such dependent or qualifying individual with respect to the taxpayer; provided, however, that if the taxpayer is married at the close of the taxable year, the credit provided in this subsection shall be allowed if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year or if the taxpayer qualifies as a head of household under section 2(b) of the Code; and provided further, that for the purposes of this subsection, “maintains a household” shall have the same meaning as in said section 21 of the Code. With respect to a taxpayer who is a non-resident for part of the taxable year, the credit shall be further limited to the amount of allowable credit multiplied by a fraction, the numerator of which shall be the number of days in the taxable year the person resided in the commonwealth and the denominator of which shall be the number of days in the taxable year. A person who is a non-resident for the entire taxable year shall not be allowed the credit. If the amount of the credit allowed under this subsection exceeds the taxpayer’s tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess without interest.

SECTION 101. Section 38Q of chapter 63 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the figure “2023” and inserting in place thereof the following figure:- 2028.

SECTION 102. Said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 9, the figure “2024” and inserting in place thereof the following figure:- 2029.

SECTION 103. Subsection (d) of said section 38Q of said chapter 63, as so appearing, is hereby amended by adding the following sentence:- For the purpose of the Brownfields Redevelopment Fund, state financial assistance shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner.

SECTION 104. Section 38BB of said chapter 63, as so appearing, is hereby amended by striking out, in lines 42 to 44, inclusive, the words “The total amount of credits that may be authorized by DHCD in a calendar year under this section and subsection (q) of section (6) of chapter 62 shall not exceed $10,000,000 and” and inserting in place thereof the following words:- DHCD may authorize up to $30,000,000 in credits annually under this section and subsection (q) of section (6) of chapter 62. In addition, DHCD may authorize annually any credits under this section or said subsection (q) of said section (6) of said chapter 62 returned to DHCD by a certified housing development project. The total amount of credits authorized during a year.

SECTION 105. Said section 38BB of said chapter 63, as so appearing, is hereby further amended by inserting after the words “chapter 62;”, in line 46, the following word:- and.

SECTION 106. Said section 38BB of said chapter 63, as so appearing, is hereby amended by striking out, in line 50, the figure “$10,000,000 and inserting in place thereof the following figure:- $30,000,000.

SECTION 107. Section 2A of chapter 65C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place the following subsection:-

(a) A tax is hereby imposed upon the transfer of the estate of each person dying on or after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The amount of the tax shall be equal to the credit for state death taxes that would have been allowable to a decedent’s estate as computed under Code section 2011, as in effect on December 31, 2000, hereinafter referred to as the “credit”. If the federal gross estate of a person includes real or tangible personal property located outside of the commonwealth at the time of death, the tax shall be reduced by an amount equal to the proportion of such allowable credit as the value of such real or tangible personal property located outside of the commonwealth bears to the value of the entire federal gross estate wherever situated, as determined under Code section 2011, as in effect on December 31, 2000.

SECTION 108. Said section 2A of said chapter 65C, as so appearing, is hereby further amended by adding the following 2 subsections:-

(f) For the estates of decedents dying on or after September 1, 2022, a credit shall be allowed against the tax imposed by subsections (a) and (b) equal to the amount of such tax; provided, however, that the credit shall not exceed $99,600.

(g) The estates of decedents dying on or after September 1, 2022 shall not be required to pay any tax under subsections (a) and (b) if the value of the federal taxable estate is not more than $2,000,000.

SECTION 109. Chapter 94C of the General Laws is hereby amended by inserting after section 19D the following section:-

Section 19E. (a) As used in this section and unless the context clearly requires otherwise, “COVID-19 control measure” shall mean a COVID-19 drug, COVID-19 test or other COVID-19 diagnostic device approved or otherwise authorized by the United States Food and Drug Administration.

(b) Notwithstanding any general or special law to the contrary, the commissioner or a physician who is designated by the commissioner and is registered to distribute or dispense a controlled substance in the course of professional practice under section 7, may issue a standing order that may be used for a licensed pharmacist to dispense a COVID-19 control measure. A standing order issued pursuant to this section shall include, but not be limited to, any necessary information or standardized procedures or protocols for the dispensing of the COVID-19 control measure.

(c) Notwithstanding any general or special law to the contrary, a pharmacist may dispense a COVID-19 control measure in accordance with a standing order issued under subsection (b).

(d) A pharmacist who dispenses a COVID-19 control measure in accordance with a standing order issued under subsection (b) shall, upon request, report to the department on the doses, tests or devices dispensed. Reports shall be confidential and shall not constitute a public record under clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that includes aggregate information about the dispensing of COVID-19 control measures in the commonwealth.

(e) A pharmacist who dispenses a COVID-19 control measure pursuant to this section shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the dispensing of a prescription to the person purchasing the COVID-19 control measure in accordance with clinical guidelines as developed by the department. Unless the person purchasing the COVID-19 control measure requests to pay for the prescription out-of-pocket, the pharmacist shall make a reasonable effort to identify the purchaser’s insurance coverage and to submit a claim for the COVID-19 control measure to the insurance carrier prior to dispensing the COVID-19 control measure.

(f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues a statewide standing order under subsection (b) and any pharmacist who, acting in good faith, directly or through the standing order, dispenses a COVID-19 control measure in accordance with a standing order issued under said subsection (b) shall not be subject to any criminal or civil liability or any professional disciplinary action.

(g) The department, the board of registration in medicine and the board of registration in pharmacy may promulgate regulations to implement this section.

SECTION 110. Chapter 100A of the General Laws is hereby amended by adding the following 2 sections:-

Section 15. There shall be, within the division of insurance, an auto body labor rate advisory board to address any issues related to auto body labor rates. The advisory board shall consist of: 1 member appointed by the commissioner of insurance; 1 member appointed by the attorney general; 1 member appointed by the director of the division of standards; 3 members from the auto insurance industry appointed by the Automobile Insurers Bureau of Massachusetts, 1 of whom shall be chosen by the 3 members to serve as co-chair; 3 members from the auto repair industry from different geographic regions of the commonwealth appointed by the Alliance of Automotive Service Providers of Massachusetts, Inc., 1 of whom shall be chosen by the 3 members to serve as co-chair; 1 member appointed by the Massachusetts State Automobile Dealers Association, Inc; and 4 members appointed by the co-chairs, 1 of whom shall be from vocational-technical schools, 2 of whom shall be from a consumer advocacy group and 1 of whom shall be an economist with expertise on the insurance industry.

The advisory board shall meet not less than 2 times in a year. The advisory board shall be responsible for creating, implementing and overseeing an annual survey given to relevant auto body shops as determined by the advisory board. The survey should compile data pertaining to contracted hourly labor rates, posted hourly labor rates and prevailing hourly labor rates and any additional information the advisory board deems relevant. The advisory board shall collect industry data including, but not limited to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) total labor costs; (iv) inflation data; (v) work force data; (vi) vocational school trends; (vii) insurance premiums; and (viii) any additional information as requested by the advisory board. The results of the survey and the data collected shall be reviewed and analyzed by the advisory board annually and the board shall make a recommendation for a fair and equitable labor rate.

Annually, not later than December 31, the advisory board shall file a report of its findings, conclusions and any recommendations with the clerks of the senate and house of representatives, the joint committee on financial services, the senate and house committees on ways and means and the division of insurance.

Section 16. Not more than 30 days after receiving the annual report from the auto body labor rate advisory board under section 15, the commissioner of insurance shall set a minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops; provided, however, that the minimum hourly labor rate shall not be less than $55. The minimum hourly labor rate shall go into effect 30 days after it is set by the commissioner.

SECTION 111. Section 1 of chapter 121B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Blighted open area” the following definition:-

“Capital funds”, funds advanced by the department to a housing authority to finance capital outlays for housing production or preservation from proceeds of a bond authorization as defined in section 1 of chapter 29.

SECTION 112. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by inserting, after the definition of “Relocation project” the following definition:-

“Replacement units”, low-rent housing created to replace an existing housing project that is demolished or disposed of under subsection (k) of section 26; provided, however, that such units may be included within a privately-owned mixed-income development that also includes dwellings that are not low-rent housing; and provided further, that the use and occupancy of the replacement units is subject to a binding legal contract and land use restriction under paragraph (7) of subsection (k) of section 26.

SECTION 113. Section 26 of said chapter 121B, as amended by section 72 of chapter 39 of the acts of 2021, is hereby further amended by inserting after the word “sale”, in line 91, the following words:- or other disposition.

SECTION 114. Subsection (k) of said section 26 of said chapter 121B, as so amended, is hereby further amended by striking out paragraphs (1) to (4), inclusive, and inserting in place thereof the following 4 paragraphs:-

(1) found that all or a substantial portion of such existing housing project or part thereof requires such substantial modernization or rehabilitation to continue to provide decent, safe and sanitary housing and that, in the judgment of the department, the required substantial modernization or rehabilitation cannot feasibly be executed by the housing authority pursuant to this chapter;

(2) approved the proposed project, including a relocation plan for occupants of the existing project and a plan to make housing available on the land where the existing project is situated, in which the number of replacement units restricted as low-rent housing for occupancy by low-income persons or families shall be the same as the number of low-rent housing units in the existing housing project or part thereof that is subject to demolition or disposition, unless the department determines that: (i) a shortage of low-rent housing no longer exists in the applicable city or town; or (ii) the reduction in the number of units is necessary to increase the number of units that are accessible for persons with disabilities, which project may include plans to use a portion of such land for market-rate housing or for a public purpose ancillary to such development and approved by the department;

(3) approved the sale or other disposition and the terms thereof, which shall be at a value determined through procedures customarily accepted by the appraising profession as valid, unless the department determines that a below-market disposition would be in the public interest in order to support the continued occupancy of dwelling units in the new development by low-income families;

(4) determined that the availability of funds to the housing authority for such project is conditioned upon the occurrence of the initial mortgage loan closing for the development of new or rehabilitated housing on the land where the existing project is situated, and the housing authority has selected, through a qualifications-based competitive procurement process approved by the department, a developer best qualified to develop, own and operate the new or rehabilitated housing on the existing land, to provide for such development of the new housing within a reasonable time in accordance with department-approved contracts, and to assure continued occupancy of the required number of replacement units in the new development by low-income families in accordance with this chapter.

SECTION 115. Said subsection (k) of said section 26 of said chapter 121B, as so amended, is hereby further amended by adding the following paragraph:-

(7) approved a binding legal contract and land use restriction to be entered into by the transferee of the property in favor of the local housing authority and the department that requires compliance with this chapter and the department’s regulations if this chapter and the department’s regulations apply to tenancy in and application to public housing, as determined by the department, with respect to the replacement units in the same manner and to the same effect as if the transferee were a housing authority; provided, however, that the department may waive this requirement as may be necessary to secure financing. The contract shall require compliance in perpetuity unless the department determines that the project financing requires the use of federal low-income housing tax credits and that compliance in perpetuity would make it infeasible to comply with Internal Revenue Service requirements with respect to the low-income housing tax credit program.

SECTION 116. Said section 26 of said chapter 121B, as so amended , is hereby further amended by striking out, in line 243, the words “this section or section 34” and inserting in place thereof the following words:- this chapter.

SECTION 117. Said section 26 of said chapter 121B, as so amended, is hereby further amended by inserting after the words “feasible to”, in line 248, the following words:- maintain or to.

SECTION 118. Said section 26 of said chapter 121B, as so amended, is hereby further amended by inserting after the word “demolition”, in line 252, the following words:- or other disposition.

SECTION 119. Said section 26 of said chapter 121B, as so amended, is hereby further amended by striking out, in line 254, the words “as of November 1, 2012”, and inserting in place thereof the following words:- for reasons the department has determined not to be the fault of the housing authority for not less than 2 years.

SECTION 120. Said section 26 of said chapter 121B, as so amended, is hereby further amended by adding the following subsection:-

(q) Notwithstanding any general or special law to the contrary, including, without limitation, section 16 of chapter 30B, a housing authority may dispose of property pursuant to this section or section 34 to a developer selected by competitive, qualifications-based procurement without separately soliciting proposals for the property disposition; provided, however, that the developer procurement declares the property available for disposition and that, in the case of a disposition of property pursuant to subsection (k), the number of replacement units required under paragraph (2) of said subsection (k) are provided. Without limiting the generality of the foregoing:

(1) A housing authority shall not be required to determine the value of the property prior to soliciting proposals for selection of a developer best qualified to develop, own and operate the new or rehabilitated housing on the land. Prior to disposition of property by deed or other instrument, the housing authority shall determine the value of the property through procedures customarily accepted by the appraising profession as valid prior to the sale or other disposition of the property and if, with the approval of the department, the housing authority decides to dispose of the property at a price less than the value as so determined, the housing authority shall publish notice of its decision in the central register, explaining the reasons for its decision and disclosing the difference between such value and the price to be received; and

(2) A housing authority shall not be required to specify all the restrictions that may be placed on the subsequent use of property prior to selecting a developer through a qualifications-based competitive procurement process; provided, that the developer procurement shall identify the minimum number of dwelling units in the new development that shall be occupied by low-income families. In the case of a disposition pursuant to subsection (k), such minimum number shall conform to the requirements of paragraph (2) of said subsection (k).

SECTION 121. Section 29 of said chapter 121B, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding any provision in this chapter to the contrary, if a housing authority does not own, lease or manage any housing project eligible to receive ongoing capital or operating assistance under section 32 or section 34, the department shall not investigate such housing authority’s budgets, finances, dealings, transactions and relationships or other affairs, nor shall the department require periodic reporting by any such housing authority. Without limiting the generality of the foregoing, a housing authority that does not own, lease or manage any housing project eligible to receive ongoing capital or operating assistance under said section 32 or 34 shall not be required to: (i) participate in a training program under section 5B; (ii) submit contracts with its executive director to the department for review pursuant to section 7A; (iii) participate in the performance-based monitoring program established pursuant to section 26B; (iv) participate in the regional capital assistance team program established pursuant to section 26C; (v) prepare and submit an annual plan pursuant to section 28A and this section; or (vi) prepare and submit, or make available, a written report and agreed upon procedures for review of housing authority financial records pursuant to this section.

SECTION 122. Section 34 of said chapter 121B, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

The proceeds of any sale or other disposition of such project in excess of the total of all obligations of the housing authority with respect to such project shall, after the payment of all bonds issued by the housing authority to finance the cost of such project and payment of the costs of the sale or disposition, be retained by the housing authority for the preservation, modernization and maintenance of its public housing assisted under this chapter as approved by the department, or where the housing authority has no public housing assisted pursuant to this chapter, such proceeds shall be paid to the department to fund capital improvements for the preservation, modernization and maintenance of state-aided public housing.

SECTION 123. Said section 34 of said chapter 121B, as so appearing, is hereby further amended by striking out the tenth paragraph and inserting in place thereof the following paragraph:-

Whenever a housing authority shall determine that land acquired by it pursuant to clause (d) of section 11 for the purpose of this section is in excess of or no longer required for such purpose it may, upon approval by the department, sell or otherwise dispose of such land by deed or instrument approved as to form by the attorney general. If the housing authority is disposing of such land for purposes of housing development, it may do so in accordance with section 26. So long as any bonds issued by a housing authority to finance the cost of a project under this section or section 35 and guaranteed by the commonwealth are outstanding, funds received from a disposition of land as provided in this chapter shall be applied in accordance with the fourth paragraph of this section. After the payment of all bonds issued by the housing authority to finance the cost of such project, funds received shall be applied in accordance with the fifth paragraph of this section.

SECTION 124. Said section 34 of said chapter 121B, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, construction and development activity related to redevelopment of state-aided or federally-aided public housing projects where the land, buildings or structures associated with the housing project have been conveyed or transferred to an affiliated non-profit or private entity for purposes of completing the redevelopment shall not be subject to any general or special law related to the procurement and award of contracts for the planning, design, construction management, construction, reconstruction, installation, demolition, maintenance or repair of buildings by a public agency; provided, however, that the department shall review and approve the procurement processes used to undertake this redevelopment in accordance with subsection (q) of section 26; and provided further, that all construction, reconstruction, alteration, installation, demolition, maintenance or repair shall be subject to sections 26 to 27F, inclusive, and section 29 of chapter 149. The department shall request rates and updates from the division of labor standards for these projects.

SECTION 125. Section 206 of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Control” the following 2 definitions:-

“Division”, the division of insurance.

“Enterprise risk”, any activity, circumstance, event or series of events involving 1 or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer’s risk-based capital to fall into company action level as set forth by the commissioner by regulation or would cause the insurer to be in hazardous financial condition as set forth in section 3 of chapter 175J.

SECTION 126. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Group-wide supervisor” the following definition:-

“Group capital calculation instructions”, the group capital calculation instructions as adopted by the National Association of Insurance Commissioners and as amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners.

SECTION 127. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Internationally active insurance group” the following definition:-

“National Association of Insurance Commissioners liquidity stress test framework” or “Framework”, a publication from the National Association of Insurance Commissioners that includes a history of the National Association of Insurance Commissioners’ development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions and reporting template as adopted by the National Association of Insurance Commissioners and as amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners.

SECTION 128. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Person” the following definition:-

“Scope criteria”, the designated exposure bases, along with minimum magnitudes thereof for the specified data year, used to establish a preliminary list of insurers considered scoped into the National Association of Insurance Commissioners liquidity stress test framework for that data year, as detailed in the National Association of Insurance Commissioners liquidity stress test framework.

SECTION 129. Subsection (d) of section 206C of said chapter 175, as so appearing, is hereby amended by adding the following sentence:- The determination of materiality in this subsection shall not apply for purposes of the group capital calculation or the liquidity stress test framework.

SECTION 130. Subsection (m) of said section 206C of said chapter 175, as so appearing, is hereby amended by striking out paragraphs (4) and (5) and inserting in place thereof the following 5 paragraphs:-

(4) the books, accounts and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties;

(5) the insurer's surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs;

(6) if an insurer subject to this section is deemed by the commissioner to be in a hazardous financial condition as described in section 3 of chapter 175J or a condition that would be grounds for supervision, conservation or a delinquency proceeding, the commissioner may require the insurer to secure and maintain either a deposit held by the commissioner or a bond, as determined by the insurer at the insurer’s discretion, for the protection of the insurer for the duration of the contract or agreement, or the existence of the condition for which the commissioner required the deposit or the bond. In determining whether a deposit or a bond is required, the commissioner shall consider whether concerns exist with respect to the affiliated person’s ability to fulfill the contract or agreement if the insurer were to be put into liquidation. Once the insurer is deemed to be in a hazardous financial condition or a condition that would be grounds for supervision, conservation or a delinquency proceeding and a deposit or bond is deemed necessary by the commissioner, the commissioner may determine the amount of the deposit or bond, not to exceed the value of the contract or agreement in any 1 year, and whether such deposit or bond should be required for a single contract, multiple contracts or a contract only with a specific person;

(7) all records and data of the insurer held by an affiliate are and remain the property of the insurer, are subject to control of the insurer, are identifiable and are segregated or readily capable of segregation, at no additional cost to the insurer, from all other persons’ records and data. This shall include all records and data that are otherwise the property of the insurer, in whatever form maintained, including, but not limited to, claims and claim files, policyholder lists, application files, litigation files, premium records, rate books, underwriting manuals, personnel records, financial records or similar records within the possession, custody or control of the affiliate. At the request of the insurer, the affiliate shall provide that the receiver can: (i) obtain a complete set of all records of any type that pertain to the insurer’s business; (ii) obtain access to the operating systems on which the data is maintained; (iii) obtain the software that runs those systems either through assumption of licensing agreements or otherwise; and (iv) restrict the use of the data by the affiliate if it is not operating the insurer’s business. The affiliate shall provide a waiver of any landlord lien or other encumbrance to give the insurer access to all records and data in the event of the affiliate’s default under a lease or other agreement; and

(8) premiums or other funds belonging to the insurer that are collected by or held by an affiliate are the exclusive property of the insurer and are subject to the control of the insurer. Any right of offset in the event an insurer is placed into receivership shall be subject to sections 180A to 180L1/2, inclusive.

SECTION 131. Said section 206C of said chapter 175, as so appearing, is hereby further amended by inserting after subsection (q) the following subsection:-

(q½)(1) Any affiliate that is party to an agreement or contract with a domestic insurer that is subject to paragraph (4) of subsection (n) shall be subject to the jurisdiction of any supervision, seizure, conservatorship or receivership proceedings against the insurer and to the authority of any supervisor, conservator, rehabilitator or liquidator for the insurer appointed pursuant to sections 180A to 180L1/2, inclusive, for the purpose of interpreting, enforcing and overseeing the affiliate’s obligations under the agreement or contract to perform services for the insurer that:

(i) are an integral part of the insurer’s operations, including, but not limited to management, administrative, accounting, data processing, marketing, underwriting, claims handling, investment or any other similar functions; or

(ii) are essential to the insurer’s ability to fulfill its obligations under insurance policies.

(2) The commissioner may require that an agreement or contract that is subject to paragraph (4) of subsection (n) for the provision of services described in clauses (i) and (ii) of paragraph (1) specify that the affiliate consents to the jurisdiction as set forth in this subsection.

SECTION 132. Subsection (v) of said section 206C of said chapter 175, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

(1) Documents, materials or other information in the possession or control of the division that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to subsection (u) and all information reported or provided to the division pursuant to this section shall be recognized as being proprietary and containing trade secrets, shall be confidential by law and privileged, shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action; provided, however, that the commissioner may use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner’s official duties. The commissioner shall not otherwise make the documents, materials or other information public without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders or the public shall be served by the publication thereof, in which event the commissioner may publish all or any part in such manner as may be considered appropriate.

(i) For purposes of the information reported and provided to the division pursuant to paragraph (2) of subsection (z), the commissioner shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the Federal Reserve Board or any United States group-wide supervisor.

(ii) For purposes of the information reported and provided to the division pursuant to paragraph (3) of subsection (z), the commissioner shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the Federal Reserve Board and non-United States group-wide supervisors.

SECTION 133. Said subsection (v) of said section 206C of said chapter 175, as so appearing, is hereby further amended by striking out paragraph (3) and inserting in place thereof the following paragraph:-

(3) In order to assist in the performance of the commissioner’s duties, the commissioner:

(i) may share documents, materials or other information, including the confidential and privileged documents, materials or information subject to paragraph (1), including proprietary and trade secret documents with other state, federal and international regulatory agencies, the National Association of Insurance Commissioners and its affiliates and subsidiaries, the International Association of Insurance Supervisors, the Bank for International Settlements, the Federal Insurance Office and state, federal and international law enforcement authorities, including members of any supervisory college described in subsection (x); provided, however, that the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material or other information and has verified in writing the legal authority to maintain confidentiality;

(ii) may receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, including proprietary and trade-secret information from the National Association of Insurance Commissioners and its affiliates and subsidiaries, the International Association of Insurance Supervisors, the Bank for International Settlements, the Federal Insurance Office and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential and privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and

(iii) shall enter into written agreements with the National Association of Insurance Commissioners and any third-party consultant designated by the commissioner governing sharing and the use of information provided pursuant to this subsection that shall:

(A) specify procedures and protocols regarding the confidentiality and security of information shared with the National Association of Insurance Commissioners and any third-party consultant designated by the commissioner pursuant to this section, including procedures and protocols for sharing by the National Association of Insurance Commissioners with other state, federal or international regulators;

(B) provide within the agreement that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials or other information and has verified in writing the legal authority to maintain such confidentiality;

(C) specify that ownership of information shared with the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section remains with the commissioner and the National Association of Insurance Commissioners or the third-party consultant, and that use of the information is subject to the direction of the commissioner;

(D) excluding documents, materials or information reported pursuant to paragraph (3) of subsection (z), prohibit the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section from storing the information shared pursuant to this section in a permanent database after the underlying analysis is completed;

(E) require prompt notice to be given to an insurer whose confidential information is in the possession of the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section and is subject to a request or subpoena to the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner for disclosure or production;

(F) require the National Association of Insurance Commissioners or a third-party consultant designated by the commissioner pursuant to this section to consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners or the third-party consultant may be required to disclose confidential information about the insurer shared with the National Association of Insurance Commissioners or the third-party consultant; and

(G) for documents, material or information reporting pursuant to paragraph (3) of subsection (z), in the case of an agreement involving a third-party consultant designated by the commissioner pursuant to this section, provide for notification of the identity of the consultant to the applicable insurers.

SECTION 134. Said subsection (v) of said section 206C of said chapter 175, as so appearing, is hereby further amended by adding the following paragraph:-

(7) The group capital calculation and resulting group capital ratio required pursuant to paragraph (2) of subsection (z) and the liquidity stress test along with its results and supporting disclosures required pursuant to paragraph (3) of said subsection (z) shall be regulatory tools for assessing group risks and capital adequacy and group liquidity risks, respectively, and are not intended as a means to rank insurers or insurance holding company systems generally. Except as otherwise may be required pursuant to this section, the making, publishing, disseminating, circulating or placing before the public in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station or any electronic means of communication available to the public, or in any other way as an advertisement, announcement or statement containing a representation or statement with regard to the group capital calculation, group capital ratio, the liquidity stress test results or supporting disclosures for the liquidity stress test of any insurer or any insurer group, or of any component derived in the calculation by any insurer, broker, or other person engaged in any manner in the insurance business shall be deemed misleading and shall be prohibited; provided, however, that if any materially false statement with respect to the group capital calculation, resulting group capital ratio, an inappropriate comparison of any amount to an insurer’s or insurance group’s capital calculation or resulting group capital ratio, liquidity stress test result, supporting disclosures for the liquidity stress test or an inappropriate comparison of any amount to an insurer’s or insurance group’s liquidity stress test result or supporting disclosures is published in any written publication and the insurer is able to demonstrate to the commissioner with substantial proof the falsity of such statement or the inappropriateness, the insurer may publish announcements in a written publication if the sole purpose of the announcement is to rebut the materially false statement.

SECTION 135. Said section 206C of said chapter 175, as so appearing, is hereby further amended by adding the following subsection:-

(z)(1) The ultimate controlling person of every insurer subject to registration shall also file an annual enterprise risk report. The report shall, to the best of the ultimate controlling person’s knowledge and belief, identify the material risks within the insurance holding company system that could pose enterprise risk to the insurer. The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the procedures within the financial analysis handbook adopted by the National Association of Insurance Commissioners.

(2) Except as otherwise provided by this paragraph, the ultimate controlling person of every insurer subject to registration pursuant to this section shall concurrently file with the registration statement an annual group capital calculation as directed by the lead state commissioner. The report shall be completed in accordance with the National Association of Insurance Commissioner’s group capital calculation instructions, which may permit the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation. The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the commissioner in accordance with the procedures within the financial analysis handbook adopted by the National Association of Insurance Commissioners. Insurance holding company systems described below are exempt from filing the group capital calculation:

(i) An insurance holding company system that has only 1 insurer within its holding company structure, that only writes business and is only licensed in its domestic state and assumes no business from any other insurer;

(ii) An insurance holding company system that is required to perform a group capital calculation specified by the United States Federal Reserve Board. The lead state commissioner shall request the calculation from the Federal Reserve Board under the terms of information sharing agreements in effect. If the Federal Reserve Board cannot share the calculation with the lead state commissioner, the insurance holding company system is not exempt from the group capital calculation filing;

(iii) An insurance holding company system whose non-United States group-wide supervisor is located within a reciprocal jurisdiction as described in section 20A that recognizes the United States regulatory approach to group supervision and group capital; and

(iv) An insurance holding company system:

(A) That provides information to the lead state that meets the requirements for accreditation under the National Association of Insurance Commissioners financial standards and accreditation program, either directly or indirectly through the group-wide supervisor, who has determined such information is satisfactory to allow the lead state to comply with the National Association of Insurance Commissioners group supervision approach, as detailed in the National Association of Insurance Commissioners financial analysis handbook; and

(B) Whose non-United States group-wide supervisor that is not in a reciprocal jurisdiction recognizes and accepts, as specified by the commissioner in regulation, the group capital calculation as the world-wide group capital assessment for United States insurance groups who operate in that jurisdiction.

(3)(i) Notwithstanding clauses (iii) and (iv) of paragraph (2), a lead state commissioner shall require the group capital calculation for United States operations of any non-United States based insurance holding company system where, after any necessary consultation with other supervisors or officials, it is deemed appropriate by the lead state commissioner for prudential oversight and solvency monitoring purposes or for ensuring the competitiveness of the insurance marketplace.

(ii) Notwithstanding the exemptions from filing the group capital calculation stated in clauses (i) to (iv), inclusive, of paragraph (2), the lead state commissioner shall have the discretion to exempt the ultimate controlling person from filing the annual group capital calculation or to accept a limited group capital filing or report in accordance with criteria as specified by the commissioner in regulation.

(iii) If the lead state commissioner determines that an insurance holding company system no longer meets 1 or more of the requirements for an exemption from filing the group capital calculation under this subsection, the insurance holding company system shall file the group capital calculation at the next annual filing date unless given an extension by the lead state commissioner based on reasonable grounds shown.

(4) The ultimate controlling person of every insurer subject to registration pursuant to this section and scoped into the National Association of Insurance Commissioners liquidity stress test Framework shall file the results of a specific year’s liquidity stress test. The filing shall be made to the lead state insurance commissioner of the insurance holding company system as determined by the procedures within the financial analysis handbook adopted by the National Association of Insurance Commissioners.

(i) The National Association of Insurance Commissioners liquidity stress test Framework includes scope criteria applicable to a specific data year. The scope criteria are reviewed at least annually by the financial stability task force or its successor. Any change to the National Association of Insurance Commissioners liquidity stress test framework or to the data year for which the scope criteria are to be measured shall be effective on January 1 of the year following the calendar year when such changes are adopted. Insurers meeting at least 1 threshold of the scope criteria are considered scoped into the National Association of Insurance Commissioners liquidity stress test framework for the specified data year unless the lead state insurance commissioner, in consultation with the National Association of Insurance Commissioners financial stability task force or its successor, determines the insurer should not be scoped into the framework for that data year. Similarly, insurers that do not trigger at least 1 threshold of the scope criteria are considered scoped out of the National Association of Insurance Commissioners liquidity stress test framework for the specified data year, unless the lead state insurance commissioner, in consultation with the National Association of Insurance Commissioners financial stability task force or its successor, determines the insurer should be scoped into the framework for that data year.

(A) The lead state insurance commissioner, in consultation with the financial stability task force or its successor, shall take into consideration how best to avoid having insurers scoped in and out of the National Association of Insurance Commissioners liquidity stress test framework on a frequent basis as part of the determination for an insurer.

(ii) The performance of, and filing of the results from, a specific year’s liquidity stress test shall comply with the National Association of Insurance Commissioners liquidity stress test framework’s instructions and reporting templates for that year and any lead state insurance commissioner determinations, in consultation with the financial stability task force or its successor, provided within the framework.

SECTION 136. Subsection (a) of section 60 of chapter 46 of the acts of 2013 is hereby amended by inserting after the words “in fiscal year 2018” the following words:- and each fiscal year thereafter.

SECTION 137. Sections 46, 48, 61, 63 and 124A of chapter 287 of the acts of 2014 are hereby repealed.

SECTION 138. Section 67 of Chapter 102 of the Act of 2021 is hereby amended by striking out the section and inserting in place thereof the section:-

SECTION 67. Item 8200-0200 of said section 2 of said chapter 24 is hereby amended by adding the following words:- ; provided further, that not less than $750,000 shall be expended for a need-based scholarship pilot program to provide financial assistance to student officers who actively enroll in a full-time police academy conducted by the municipal police training committee; provided further, that scholarships shall be used to: (i) promote diversity, equity and inclusion in the hiring of student officers; (ii) defray the upfront costs for qualified underrepresented and economically-disadvantaged individuals enrolled as student officers in a full-time police academy; and (iii) increase municipal police employment opportunities for underrepresented and economically-disadvantaged individuals; provided further, that the amount of any scholarship awarded under this item shall be $7,000 per eligible student officer; provided further, that funds in this item shall be used to directly fund or reimburse student officers enrolled in the full-time police academy and such funds shall be made available until June 30, 2023; provided further, that scholarships shall be disbursed to eligible student officers under this item in a regionally equitable manner; provided further, that not later than April 15, 2022, the executive office of public safety and security shall submit a report to the house and senate committees on ways and means and the joint committee on public safety and homeland security detailing the criteria established for creating the scholarships and providing financial assistance; and provided further, beginning on June 30, 2023, the executive office shall provide a report to the house and senate committees on ways and means and the joint committee on public safety and homeland security not later than June 30 of each fiscal year detailing expenditures from this item and the status of the scholarship program including, but not limited to: (i) the number of scholarship applications; (ii) the number of successful scholarship applicants; and (iii) the criteria used to determine successful applications.

SECTION 139. Section 2 of chapter 42 of the acts of 2022 is hereby amended by striking out item 4003-0100 and inserting in place thereof the following item:-

4003-0122……………………………………………………………………..$10,000,000

SECTION 140. Notwithstanding any general or special law to the contrary, the commissioner of conservation and recreation may amend and extend for a 30-year period the existing lease authorized under chapter 287 of the acts of 1977.

SECTION 141. The Massachusetts Convention Center Authority, established in section 33 of chapter 190 of the acts of 1982, shall update and supplement the report entitled “BCEC Expansion 2019 Project Report”, dated January 2020, to account for changes in the convention, venue management and hospitality industry that have developed since January 2020, including, but not limited to, changes resulting from the outbreak of the 2019 novel coronavirus, also known as COVID-19, and subsequent variants; provided, however, that the update and supplement shall include, but not be limited to, an analysis of: (i) the competitiveness of the city of Boston and the commonwealth nationally and globally as a destination for conventions, gatherings and similar public meetings; (ii) the needs of the Boston Convention and Exhibition Center to accommodate conventions, gatherings and public meetings; (iii) how conventions, gatherings and public meetings will take place going forward, including safety and public health considerations for COVID-19 and possible future public health crises; and (iv) technology, air filtration and any other physical plant enhancements. The Massachusetts Convention Center Authority shall file the update and supplement with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on state administration and regulatory oversight.

SECTION 142. (a) The secretary of administration and finance, the secretary of housing and economic development, 1 person appointed by the president of the senate, 1 person appointed by the speaker of the house of representatives and 1 person appointed by mayor of the city of Boston shall jointly study and report on the feasibility of the sale, lease, transfer or other disposition of the land and improvements comprising the Hynes convention center, or any interest therein, to determine whether it would be in the best interest of the commonwealth to retain the Hynes convention center and shall make recommendations on attracting more business and events to the Hynes convention center. The study shall include, but not be limited to: (i) the economic effects on the property of a sale, lease, transfer or other disposition; (ii) the economic effects on the businesses of the Back Bay neighborhood of the city of Boston of a sale, lease, transfer or other disposition; (iii) the economic effects on the city of Boston of a sale, lease, transfer or other disposition; (iv) the number of jobs that might be lost as a result of a sale, lease, transfer or other disposition; (v) plans to mitigate the effects of jobs lost as a result of a sale, lease, transfer or other disposition; and (vi) the economic effects the current operation of the Hynes convention center has to the Back Bay neighborhood, the city of Boston and the commonwealth.

(b) The report shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies not later than December 31, 2023.

SECTION 143. (a) There shall be a special legislative commission on agricultural equity to develop recommendations for supporting investments, policies and practices designed to promote racial equity in agriculture in the commonwealth.

(b) The commission shall consist of: the commissioner of agricultural resources or a designee; the chairs of the committee on environment, natural resources and agriculture or their designees; 1 member appointed by the Massachusetts Black and Latino legislative caucus; 1 member appointed by the Massachusetts Asian legislative caucus; 2 members appointed by the Massachusetts food system legislative caucus, to be selected through an open nomination process under criteria developed by the caucus; 2 members appointed by the commissioner of agricultural resources who shall represent Buy Local organizations funded by the department; 2 members appointed by the Massachusetts Food System Collaborative; 1 member appointed by the commission on the status of African Americans; 1 member appointed by the commission on the status of Latinos and Latinas; 1 member appointed by the commission on the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation; and 1 member appointed by the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst. The appointing authorities shall appoint members generally familiar with agriculture and who represent a diversity of knowledge of urban and rural agricultural practices and experiences. The commission shall be co-chaired by the commissioner of agricultural resources and a member of the commission chosen by the members.

(b) The commission shall investigate and study ways to increase equity in agriculture in the commonwealth, and shall prepare a report that shall include, but not be limited to, recommendations for: (i) data collection and dissemination; (ii) benchmark development and targeting areas of need; (iii) transparency for grantmaking to promote equitable access to grant programs and equitable distribution of funds; (iv) generating greater equity in the laws, regulations and other policies that regulate and support agriculture in the commonwealth, including, but not limited to, legislative, regulatory and sub-regulatory processes; (v) improving equity in the programs and services offered by the department of agricultural resources including, but not limited to, those programs regarding land access and protection, farmer technical assistance and education, marketing and others; (iv) the ongoing role of the commission or another representative body in supporting the implementation and monitoring of these equity goals; and (v) a plan for implementation, including a timeline.

(c) The department of agricultural resources shall furnish reasonable staff and other support for the work of the commission. Members of the commission may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission under procedures established by the department.

(d) The commission shall hold 3 or more public hearings in various regions of the commonwealth, including 1 in a rural area and 1 in an urban area with potential for increased urban agriculture. Not more than 12 months after the effective date of this act, the commission shall file a report on the results of its investigation and study together with its findings and recommendations, including any drafts of legislation necessary to carry out those recommendations, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture. The report shall be posted on the website of the department of agricultural resources.

SECTION 144. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Net patient service revenue”, the sum of inpatient and outpatient net patient service revenue for fiscal year 2020 as published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles.

“Net patient service revenue adjustment”, an amount equal to a hospital’s net patient service revenue: (i) multiplied by 1, in the case of a tier 1 hospital; (ii) multiplied by 2 in the case of a tier 2 hospital; (iii) multiplied by 3 in the case of a tier 3 hospital; and (iv) multiplied by 4 in the case of a tier 4 hospital.

“Public payer mix”, the public payer mix for fiscal year 2020 calculated using data available from the center for health information and analysis hospital cost reports.

“Statewide median relative price”, the statewide median cross-payer relative price for calendar year 2019 as determined by the center for health information and analysis.

“Statewide relative price”, the statewide cross-payer relative price for calendar year 2019 as published in March 2022 by the center for health information and analysis in its databook titled Relative Price and Provider Price Variation in the Massachusetts Commercial Market.

“Tier 1 hospital”, an acute care hospital licensed under section 51 of chapter 111 of the General Laws that has: (i) a statewide relative price less than 145 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 50 per cent.

“Tier 2 hospital”, an acute care hospital licensed under said section 51 of said chapter 111 that has: (i) a statewide relative price less than 125 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 60 per cent.

“Tier 3 hospital”, an acute care hospital licensed under said section 51 of said chapter 111 that has: (i) a statewide relative price less than 110 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 65 per cent.

“Tier 4 hospital”, an acute care hospital licensed under said section 51 of said chapter 111 that has: (i) a statewide relative price less than 90 per cent of the statewide median relative price; and (ii) a public payer mix that is greater than 70 per cent.

“Total acute hospital distribution amount”, an amount equal to $300,000,000.

“Total adjustment amount”, an amount equal to the sum of all tier 1, tier 2, tier 3 and tier 4 hospitals’ net patient service revenue adjustments.

(b) The secretary of health and human services shall direct funds to acute care hospitals licensed under section 51 of chapter 111 of the General Laws according to the following formula:

(i) A tier 1 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount;

(ii) A tier 2 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount;

(iii) A tier 3 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount; and

(iv) A tier 4 hospital shall receive a pro rata share of the total acute hospital distribution amount, which shall be calculated by dividing the hospital’s net patient service revenue adjustment by the total adjustment amount, multiplied by the total acute hospital distribution amount.

(c) No hospital shall receive an award amount greater than $30,000,000. A hospital that has a relative price that is equal to or greater than 145 per cent of the statewide median relative price or that has a public payer mix that is equal to or less than 50 per cent shall not be eligible to receive funds under this section.

SECTION 145. Notwithstanding any general or special law to the contrary, the office of Medicaid shall review the wage payment rates established by home health agencies that provide continuous skilled nursing care, as defined in 101 CMR 350.02 and 130 CMR 403.402, for the providers of those services. The office shall provide: (i) an aggregated overview of the wage payment rates paid by home health agencies to staff or contracted nurses providing continuous skilled nursing care, including any increases in said wage rates resulting from increases in Medicaid rates paid to home health agencies for continuous skilled nursing care in state fiscal years 2020, 2021 and 2022; (ii) an aggregated breakdown of said wage rates as applied to the acuity level of patients receiving continuous skilled nursing care; (iii) an aggregated breakdown of said wage rates as applied to the licensure level of the providers of continuous skilled nursing care; and (iv) recommendations on criteria to be included in any future reporting by home health agencies receiving an increase of continuous skilled nursing care rates provided by the office. The office shall provide this report not later than March 1, 2023 to the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means. Home health agencies providing continuous skilled nursing care shall provide all information and documentation requested by the office of Medicaid to compile the required report under this section.

SECTION 146. Notwithstanding any general or special law to the contrary, in calendar year 2023, the department of housing and community development may authorize up to $57,000,000 in credits under subsection (q) of section (6) of chapter 62 of the General Laws and section 38BB of chapter 63 of the General Laws.

SECTION 147. There shall be established a fund known as the Taxpayer Energy and Economic Relief Fund to be administered by the executive office for administration and finance. The purpose of the fund shall be to issue 1-time direct financial support to taxpayers for energy costs and increased prices due to inflation. There shall be credited to the fund all amounts that are transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants or contributions for the purposes of the fund. Amounts credited to the fund shall not be subject to appropriation and any money remaining in the fund shall not revert to the General Fund.

SECTION 148. (a) Notwithstanding any general or special law to the contrary, in order to address rising energy costs and inflation, the executive office for administration and finance, in consultation with the department of revenue, shall administer a Taxpayer Energy and Economic Relief Rebate program to provide 1-time direct financial support to eligible taxpayers, in an amount of: (i) $250 for a taxpayer who earns not less than $38,000 and not more than $100,000 and files an individual return, as: (A) single; (B) head of household; or (C) married filing separately; or (ii) $500 for married taxpayers who file joint returns, who earn not less than $38,000 and not more than $150,000 combined; provided, however, that members of the general court shall not be considered eligible taxpayers. The executive office for administration and finance, in consultation with the department of revenue, shall confirm eligibility based on the adjusted gross income in each taxpayer’s tax filing for taxable year 2021. For the purposes of this section, the term “eligible taxpayer” shall mean a taxpayer who filed an income tax return for the taxable year beginning on January 1, 2021 and is a resident of the commonwealth.

(b) Rebates to eligible taxpayers shall be issued not later than September 30, 2022, in the manner in which the taxpayer elected to receive their tax refund for taxable year 2021, if applicable, or by check.

SECTION 149. Notwithstanding any general or special law to the contrary, for any taxable year beginning on or after January 1, 2022, any amount received from the Taxpayer Energy and Economic Relief Rebate program administered by the executive office for administration and finance, in consultation with the department of revenue, to address rising energy costs and inflation shall be deducted from federal gross income for the purpose of determining Massachusetts gross income under section 2 of chapter 62 of the General Laws and from federal gross income for purposes of determining Massachusetts gross income under section 30 of chapter 63 of the General Laws.

SECTION 150. Notwithstanding any general or special law to the contrary, not more than 14 days after the effective date of this act, the secretary of administration and finance shall direct the comptroller to transfer $510,000,000 from the General Fund or the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws to the Taxpayer Energy and Economic Relief Fund established in section 147.

SECTION 151. Notwithstanding any general or special law to the contrary, not later than 14 days after the effective date of this act the comptroller shall transfer up to $100,000,000 of the undesignated fund balance in the General Fund or the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws to the Unemployment Compensation Fund established in section 48 of chapter 151A.

SECTION 152. Notwithstanding section 5G of chapter 29 of the General Laws or any other general or special law to the contrary, in fiscal year 2023, the comptroller shall transfer quarterly the amount of tax revenues the department of revenue estimates to have been collected from capital gains income that exceeds the threshold established pursuant to said section 5G of said chapter 29, as follows: (i) 80 per cent shall be transferred to the Commonwealth Stabilization Fund established in section 2H; (ii) 10 per cent shall be transferred to the State Retiree Benefits Trust Fund established in section 24 of chapter 32A; and (iii) 10 per cent shall be transferred to the Commonwealth's Pension Liability Fund established in subsection (e) of subdivision 8 of section 22 of chapter 32.

SECTION 153. Notwithstanding the provisions of section 11 of chapter 70 of the General Laws, if a district’s actual expenditure for public education in fiscal years 2022, 2023 or 2024, is less than the amount required to be appropriated for public education, the difference, not more than 10 per cent shall be deposited into a reserve created by the municipality or regional school district and be available for public education, including spending deemed eligible as net school spending by the board. Funds deposited into the reserve shall be eligible for withdrawal and expenditure through fiscal year 2027. If a district underspends its budget in fiscal years 2022, 2023 or 2024 by more than 10 per cent of the amount required to be appropriated, state school aid in the following year shall be reduced by the entire difference between those amounts. The board of elementary and secondary education shall issue regulations to implement the provisions of this section.

SECTION 154. Notwithstanding section 5C of chapter 29 of the General Laws, the comptroller shall transfer an amount equal to the fiscal year 2022 consolidated net surplus to the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021. The transfer pursuant to this section shall be made from the positive undesignated fund balances in the budgetary funds. Before certifying the consolidated net surplus under this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.

SECTION 155. Notwithstanding any general or special law to the contrary, items funded in this act, including appropriations in sections 2 and 2A and all other authorized uses, shall be supported through resources from the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws and the General Fund; provided, however, that the secretary of administration and finance shall ensure that the coronavirus state fiscal recovery fund monies received under the American Rescue Plan Act of 2021, 42 U.S.C. 802, comply with applicable federal law, including statutes, regulations and sub-regulatory guidance; provided further, that the appropriations in the items funded in said sections 2 and 2A shall not be used to supplant existing appropriations. The secretary shall continue quarterly reporting consistent with the quarterly reports required in section 81 of chapter 102 of the acts of 2021 that detail the source of revenue matched to each item in this act for all expenditures made during that quarter.

SECTION 156. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(1) between the University of Massachusetts and the Massachusetts Society of Professors, Amherst Campus, Unit A50;

(2) between the University of Massachusetts and the New England Police Benevolent Association (NEPBA) Local 190, Amherst Campus, Unit A07;

(3) between the Commonwealth of Massachusetts, Essex North and South Registries of Deeds and the American Federation of State, County and Municipal Employees (AFSCME) Local 653, Council 93, Administrative Unit;

(4) between the Commonwealth of Massachusetts and the Coalition of Public Safety, Unit 5; and

(5) between the University of Massachusetts and the MTA/NEA Classified, Boston Campus, Unit B31 & B32.

SECTION 157. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 3A, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $1,014,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “Commonwealth Economic Development Act of 2022”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 158. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 3B, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $268,800,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “Commonwealth Economic Development Act of 2022”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 159. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 3C, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $104,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “Commonwealth Economic Development Act of 2022”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 160. To provide for the continued availability of a bond-funded spending authorization that otherwise would expire, the balance of item 7002-0016 of section 2 of chapter 112 of the acts of 2018, as amended by section 46 of chapter 102 of the acts of 2021 and any allocations thereof shall be extended to June 30, 2025 for the purposes of and subject to the conditions stated for the item in the original authorization, and any amendments to such authorization.

SECTION 161. Sections 90, 91, 95 and 100 shall apply to tax years beginning on or after January 1, 2022.

SECTION 162. Sections 96 to 99, inclusive, and 104 to 106, inclusive, shall take effect as of January 1, 2023.

SECTION 163. Section 139 shall take effect as of April 1, 2022.