SECTION 1. Chapter 15A of the General Laws is hereby amended by inserting after section 15 the following section:-

Section 15A. It is the intention of the general court to assure fair and adequate funding for the commonwealth’s public institutions of higher education by assuring that the total appropriation to fund all colleges and universities equals, at a minimum, the per-student amount of funding in effect in fiscal year 2001, as adjusted for inflation and further adjusted for changes in student population and to recognize those institutions’ fixed-costs, with the appropriation maintained at that level thereafter. Notwithstanding section 15B or any other general or special law to the contrary, the annual budget request for the public institutions of higher education shall be determined by the council and the secretary in accordance with this section for the University of Massachusetts, the state university system, the community college system, and needs-based financial assistance administered by the council under section 9B; provided, that in order to achieve equity for students and workers, the council shall allocate state appropriations to individual public colleges and universities in a manner which enhances support for campuses with greater percentages of low-income students in order to provide necessary support services; establishes tuition and fees in order to allow students to graduate debt free; emphasizes full-time over part-time employment as well as fair wages and benefits for all adjunct faculty and staff; realigns resources toward teaching, research, and student supports; supports the full curricular offerings and research endeavors appropriate to the institution; provides up-to-date technology and other resources for student learning; and prioritizes public operation of our public campuses over privatization; provided further, that the council shall annually report the details of the funding distribution to the governor and to the house and senate committees on ways and means and the joint committee on higher education; and provided further, that notwithstanding section 7H of chapter 29  or any other general or special law to the contrary, the governor shall submit to the general court annually a request for an appropriation based on the above principles.

SECTION 2. (a) Notwithstanding any general or special law to the contrary, the council shall establish a 5-year schedule, beginning in fiscal year 2022, to restore the level of funding of public institutions of higher education and needs based financial assistance developed under section 15B to no less than the total per student appropriation for fiscal year 2001, adjusted for inflation to the current fiscal year using the consumer price index for all urban consumers, U.S. city average, as determined by the United States Bureau of Labor Statistics, and further adjusted for changes in student population and adjusted to recognize those institutions’ fixed-costs. Notwithstanding any general or special law to the contrary, the budget request to the secretary of administration and finance for the system of institutions of public higher education and needs-based financial assistance developed under section 15B shall be not less than the amount determined by said schedule, and, in fiscal year 2026 and following, shall not be less than the total per-student appropriation for fiscal year 2001 as so adjusted under section 15A of chapter 15A of the General Laws and this section. The council shall submit its annual budget request to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on higher education. 

(b) Notwithstanding section 7H of chapter 29 of the General Laws or any other general or special law to the contrary, effective for fiscal years starting in fiscal year 2022, the governor shall submit to the general court annually a request for an appropriation that complies with the funding requirements of this section and section 15A of chapter 15A of the General Laws. Said appropriation request shall not propose any direct or indirect reductions in any other state appropriation including, but not limited to, collective bargaining agreements under chapter 150E of the General Laws, and scholarships and need-based financial assistance authorized by chapter 15A of the General Laws.

SECTION 3. For the fiscal years 2022 through 2026, no tuition or fees shall increase for students enrolled at public institutions of higher education in any fiscal year where the appropriation for public institutions of higher education is at least the amount requested by the council as provided in section 15 of chapter 15A of the General Laws.