Bill S.2856

SENATE . . . . . . . . . . . . . . No. 2856

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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SECTION 1. To provide for a program of community development, economic opportunities, support for local governments, increased industry innovation, job creation, and the promotion of economic reinvestment through the funding of infrastructure improvements the sums set forth in sections 2 to 2C, 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. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items. The sums set forth in sections 2 to 2B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C, shall be made available until June 30, 2034.

SECTION 2.

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

Office of the Secretary

7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under section 6 of chapter 23I of the General Laws………………………………….... $225,000,000

7002-1352For a grant program to coastal communities administered by the seaport economic council established under executive order 564; 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 goals; 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 consistent with the integrated state hazard mitigation and climate change adaptation plan; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws....…………………………………………………................ $100,000,000

7002-1522 For grants administered by the Massachusetts Technology Development Corporation established under section 2 of chapter 40G of the General Laws and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to growing Massachusetts-based companies commercializing technologies developed with the assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency, including, but not limited to, the United States Department of Defense, the United States Department of Energy or the National Science Foundation..................………………………………………………………………...$25,000,000

7002-1523For grants administered by the Massachusetts Technology Development Corporation established under section 2 of chapter 40G of the General Laws and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts-based companies in support of the development of alternative proteins developed with the assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency, including, but not limited to, the United States Department of Energy, the United States Department of Agriculture, the United States Food and Drug Administration or the National Science Foundation…………………………………………………….………..……....$5,000,000

7002-8039 For the Scientific and Technology Research and Development Matching Grant Fund established under section 4G of chapter 40J of the General Laws; provided, that not less than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the expansion of its department of food science and development of a regional resilient and sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be expended to the University of Massachusetts at Dartmouth for blue economy initiatives, including, but not limited to, blue tech research and the development of new technology created for improving ocean health, promoting the responsible use of the ocean, stimulating economic development and creating jobs in the blue economy…….…......................................................................................................$133,000,000

7002-8044 For a program to be administered by the Massachusetts Development Finance Agency established under section 2 of chapter 23G of the General Laws for site assembly, site assessment, predevelopment permitting and other predevelopment and marketing activities that enhance a site’s readiness for commercial, industrial or mixed-use development; provided, that funds may be used to facilitate the expansion or replication of successful industrial parks and to support the revitalization of downtown centers; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws………………………………………………………………………................ $3,000,000

7002-8046 For the Massachusetts Growth Capital Corporation established under section 2 of chapter 40W of the General Laws for a program to provide matching grants to community development financial institutions certified by the United States Treasury or community development corporations certified under chapter 40H of the General Laws to leverage federal or private investment for the purpose of making loans to small businesses; provided, that such grants shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned or immigrant-owned small businesses, that have historically faced obstacles to accessing capital………………………………………………………………………................ $35,000,000

7002-8053 For the Brownfields Redevelopment Fund established under section 29A of chapter 23G of the General Laws; provided, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws……………………………………………….…................ $30,000,000

7002-8054 For the Massachusetts Growth Capital Corporation established under section 2 of chapter 40W of the General Laws, in consultation with the microbusiness development center within the Massachusetts office of business development, to provide grants to low- and moderate-income entrepreneurs to acquire, expand, improve or lease a facility, purchase or lease equipment or meet other capital needs of a business with not more than 20 employees and annual revenues not exceeding $2,500,000, including alternative energy generation projects; provided, that preference shall be given to businesses located in low-income or moderate-income areas or socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, immigrant-owned or veteran-owned businesses; and provided further, that grants shall be awarded in a manner that promotes geographic equity…………………………………………………………………..........................$10,000,000

7002-8056 For 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 to increase visitation, entice repeat visitation and increase 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 non-profit entities; provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; provided further, that in evaluating grant applications, priority shall be given to projects located in state-designated cultural districts and projects that promote nature-based, agricultural and other forms of rural tourism; 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 grants shall be awarded in a manner that promotes geographic equity; and provided further, that funds made available under this item may be used to make capital investments that support the commemoration of the two hundred and fiftieth anniversary of the founding of the United States…………………………………………..…................ $40,000,000

7002-8057 For the Commonwealth Zoological Corporation established under 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……………………………………………….…................ $10,000,000

7002-8058 For the Massachusetts Broadband Incentive Fund established under 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 under section 3 of said chapter 40J………………………………………………………….…................$10,000,000

7002-8059 For the Massachusetts Technology Park Corporation established under section 3 of chapter 40J of the General Laws for grant programs that support collaboration among manufacturers located in the commonwealth and institutions of higher education, non-profit entities or other public or quasi-public entities; provided, that eligible grantees shall include, but not be limited to, participants in the Manufacturing USA institutes, public and private academic institutions, non-profit entities and private business entities; provided further, that grant programs funded from this item shall consider the strategic goals and priorities of the advanced manufacturing collaborative established under section 10B of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity………………………………............$99,000,000

7002-8061 For the MassWorks infrastructure program established under section 63 of chapter 23A of the General Laws; provided, that, pursuant to subsection (b) of section 3A of chapter 40A of the General Laws, grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in said section 3A of said chapter 40A……………………………………………….…................$400,000,000

7002-8062 For 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 loan provided to a municipality or other public entity, a community development corporation, non-profit 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, fire or other life safety codes and regulations pertaining to accessibility for persons with disabilities where such code or regulatory compliance is required in connection with a new commercial residential or civic use of such structure or facility; and (ii) the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that financial assistance under this item may be administered by the executive office of economic development through a contract with the Massachusetts Development Finance Agency established under 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 funds shall be awarded on a competitive basis in accordance with guidelines developed by the agency; provided further, that financial assistance under this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social and economic equity within the commonwealth; provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; 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 financial assistance awarded during the fiscal year……………………………………………………………………….…................$90,000,000

7002-8063For the Massachusetts Technology Park Corporation established under section 3 of chapter 40J of the General Laws for matching grants that support alternative proteins among private entities, institutions of higher education, non-profit entities and other public or quasi-public entities located in the commonwealth; provided, that grants shall be awarded and administered consistent with the strategic goals and priorities of the Massachusetts advanced manufacturing collaborative established under section 10B of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity………………………………$5,000,000

7002-8066For a capital grant program administered by the executive office of economic development, in consultation with the executive office for administration and finance, to provide grants to support large, transformational projects to drive economic growth; provided, that the program may be known as Mass Impact; provided further, that projects shall leverage private, federal, municipal or other sources of financial assistance to be eligible for financial assistance under this item; provided further, that the total amount of state funds awarded, including, but not limited to funds under this item, for an individual project shall not exceed 30 per cent of the total development cost of the project; provided further, that the executive office of economic development shall annually submit a report to the house and senate committees on ways and means that shall include, but shall not be limited to, the: (i) projects awarded financial assistance under this item; (ii) total estimated cost of projects awarded financial assistance under this item; (iii) total amount of state funds awarded to projects, including but not limited to, financial assistance under this item, delineated by funding source; (iv) total amount of funding contributed from other sources, including federal, municipal, private or other sources, to projects awarded financial assistance under this item, delineated by funding source; and (v) estimated economic impact of projects awarded financial assistance under this item; provided further, that upon the completion of a project awarded financial assistance under this item, the executive office shall submit a report to the house and senate committees on ways and means that shall include, but shall not be limited to, the: (i) total cost of the completed project; (ii) total amount of state funds expended on the completed project, delineated by funding source; and (iii) total amount of funding contributed from other sources, including federal, municipal, private or other sources, to the completed project, delineated by funding source; provided further, that not less than 3 years and not more than 4 years following completion of a project awarded financial assistance under this item, the executive office shall submit to the house and senate committees on ways and means a report detailing the estimated economic impact created by the state’s investment in such project; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws…....…….……..........................$50,000,000

7002-8068 For the rural development program established under section 66A of chapter 23A of the General Laws....…………………………………………………….…................$100,000,000

7002-8069 For a capital grant program to be administered by the executive office of economic development to provide grants or other financial assistance to private businesses that are constructing or expanding commercial, industrial or manufacturing facilities in the commonwealth which may include, but shall not be limited to: (i) the construction or expansion of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling equipment, or incorporates other decarbonization measures that would not otherwise be incorporated into the facility design; (ii) the integration of design features that make a facility more resilient to the impacts of climate change, where such design features would not otherwise be economically feasible; and (iii) capital investments that support the creation of a significant number of new jobs in the commonwealth; provided, that the secretary of economic development shall issue program guidelines around the administration of the program which may include the administration of the program through a contract with the Massachusetts Development Finance Agency established under section 2 of chapter 23G of the General Laws, or any other appropriate quasi-governmental agency…………………………………………………………………………............$25,000,000

7002-8070 For a capital grant program to be administered by the Massachusetts Technology Park Corporation established under section 3 of chapter 40J of the General Laws to support the adoption and application of artificial intelligence capabilities to public policy problems and to leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in technology sectors, including, but not limited to, life sciences, healthcare and hospitals, financial services, advanced manufacturing, robotics and education; provided, that grants shall support capital expenses related to activities that leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in technology sectors, which shall include, but not be limited to, life sciences, healthcare and hospitals, financial services, advanced manufacturing, robotics and education; provided further, that grants shall be awarded and administered in a manner consistent with the strategic goals and priorities of the Artificial Intelligence Strategic Task Force established by executive order 628; and provided further, that funds may be used to support the incubation of artificial intelligence firms, advance the adoption of artificial intelligence technologies and support artificial intelligence software and hardware technology development and commercialization activities..……………………………………………………………….…................$100,000,000

7002-8072 For a competitive program to be administered by the Massachusetts Technology Park Corporation established under section 3 of chapter 40J of the General Laws to provide grants or other financial assistance for infrastructure support for industry-led consortia focused on advancing the commonwealth’s global leadership and growing jobs in key emerging technology sectors, including, but not limited to, quantum information sciences and technology, bioindustrial manufacturing and non-therapeutic biomanufacturing, which may include alternative proteins; provided, that “alternative proteins” shall mean proteins created from plant-based, ferments or cell cultured inputs and processes to create foods that share sensory characteristics that are consistent with conventional meat and dairy; provided further, that grants shall support the development, demonstration, deployment and commercialization of technology in such key emerging technology sectors; provided further, that funds shall be expended for infrastructure that support training, company incubation and acceleration, technology testing and evaluation and other commercial and economic development needs; and provided further, that not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the Pioneer Valley region of the commonwealth…………………………………………………………................$115,000,000

7002-8074 For a competitive program to be administered by the Massachusetts Technology Park Corporation established under section 3 of chapter 40J of the General Laws to provide grants and other financial assistance to support research and development of robotics technology, including, but not limited to, robotics incubation, testing, training, workforce development, research and development and commercialization activities; provided, that grants may be made to non-profit entities, public or private universities or private business entities…………................$25,000,000

SECTION 2A.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary

0640-0308 For the Massachusetts Cultural Facilities Fund established under section 42 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, rehabilitation or other capital improvement or deferred maintenance to cultural facilities in the commonwealth; provided, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws…………………………………………………………………………………$50,000,000

1100-2520 For grants or other financial assistance to cities, towns, regional organizations whose membership is exclusively composed of municipal governments, municipal redevelopment authorities or agencies or quasi-governmental agencies to support economic development in the commonwealth, including efforts that support workforce development, higher education, tourism, arts and culture; provided, that eligible purposes of the grants may include, but shall not be limited to, planning and studies, preparation of plans and specifications, site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, construction, demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment and other capital assets, technical assistance, and information technology equipment and infrastructure; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws…………………………………………………………………………$100,000,000

1100-2521 For the Massachusetts Educational Financing Authority established under section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and others responsible for paying the costs of the student’s education and assist institutions of higher education in supporting access to affordable higher education opportunities……………………………....………………………..$85,000,000

1599-1016For local economic development projects…………………$1,000,000

Board of Library Commissioners

7000-9093For a program of grants to cities and towns for approved public library projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided, that grants may be awarded to municipalities submitting applications jointly or through a regional planning agency; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.....…………………………………………………………............................ $150,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary

2000-7076For capital grants or other financial assistance administered by the executive office of energy and environmental affairs, in consultation with the department of agricultural resources and division of marine fisheries, to promote and support the growth and economic competitiveness of the commonwealth's agricultural, commercial fishing and cranberry-growing sectors; provided, that the executive office shall prioritize applicants for grants or other financial assistance that focus on innovative approaches to enhance environmental benefits, promote climate resiliency and encourage increased economic activity in its respective sector, including, but not limited to: (i) capital infrastructure improvements that promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy technologies; (iii) tools to address barriers to economic growth, including the purchase of energy efficient equipment and technology; (iv) tools and technologies to support practices that promote resilience against the impacts of climate change; (v) tools and technologies to facilitate sustainability and new product development; (vi) acquisition and purchase of innovative commercial fishing gear designed to protect stocks and species of concern; and (vii) capital infrastructure improvements related to developing and strengthening workforce development and training programs; provided further, that grants made pursuant to this item may be awarded to public higher education institutions, vocational technical schools, or community-based organizations to support the economic competitiveness of the commonwealth's agricultural, commercial fishing and cranberry-growing sectors; and provided further, that grants or other financial assistance shall be made on a competitive basis and awarded in a manner that promotes geographic equity……….......................................................................$15,000,000

SECTION 2B.

SECRETARY OF THE COMMONWEALTH

Massachusetts Historical Commission

0526-2013For a grant program to units of municipal government and to nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, that funds shall be awarded in accordance with regulations promulgated by the chair of the Massachusetts historical commission; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.................................. $8,000,000

SECTION 2C.

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

Office of the Secretary

7002-8077 For the Clean Energy Investment Fund established under section 15 of chapter 23J of the General Laws to promote job creation, economic development and workforce development through capital grants to nonprofit organizations, private entities and governmental entities for the purposes of supporting and stimulating research and development, innovation, manufacturing, commercialization and deployment of climatetech technologies in the commonwealth……………………………………………………………………….$200,000,000

7002-8078 For the Massachusetts Offshore Wind Industry Investment Trust Fund established under section 9A of chapter 23J of the General Laws to support the offshore wind industry and facilitate economic development activity..………………………………………………………………………………$200,000,000

SECTION 3. Section 204 of the chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words “president of the Massachusetts growth capital corporation” and inserting in place thereof the following words:- executive director of the Massachusetts Development Finance Agency.

SECTION 4. Section 16G of chapter 6A of the General Laws, as most recently amended by sections 15 to 21, inclusive, of chapter 7 of the acts of 2023, is hereby amended by striking out subsections (i) and (j) and inserting in place thereof the following 2 subsections:-

(i) The secretary shall, subject to appropriation, establish within the executive office an office of performance management and oversight to improve the effectiveness of the economic development efforts of the commonwealth. The secretary shall appoint a director of the office who shall have economic development experience in the public or private sector. The director shall establish performance metrics for the public and quasi-public agencies within the executive office or subject to section 56 of chapter 23A and any regional economic development organization or other private organizations under contract with the commonwealth to perform economic development services, as the secretary shall determine. In developing or revising these performance metrics, the director may from time to time seek advice from individuals working in the private sector and examine models that can be adapted from the private sector to the needs of the commonwealth. The secretary shall require each agency or organization reporting to the office to submit an annual plan, including the goals, programs and initiatives for the forthcoming year, and evaluation of the performance on the goals, programs and initiative outlined in the preceding year’s plan. Such reports shall be in a form directed by the director and incorporate such performance metrics as the director shall establish.

(j) The director shall prepare an annual report on the progress the agencies or organizations reporting to the office are making towards achieving stated goals in their annual plan. The annual report shall be made available to the public annually not later than December 31 and shall be published on the website of the executive office and forwarded to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.

SECTION 5. Said section 16G of said chapter 6A, as so amended, is hereby further amended by striking out subsection (m) and inserting in place thereof the following subsection:-

(m) Every 4 years, the secretary of economic development, in consultation with the secretary of energy and environmental affairs, shall prepare a report that evaluates the status of the commercial fishing industry and includes recommendations for appropriate actions to be taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.

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

SECTION 6. The first paragraph of subsection (n) of said section 16G of said chapter 6A, as most recently amended by section 21 of chapter 7 of the acts of 2023, is hereby amended by striking out the second sentence.

SECTION 7. Said section 16G of said chapter 6A, as so amended, is hereby further amended by striking out, in lines 255 and 256, the words “executive office and paid as the fund director shall direct” and inserting in place thereof the following words:- secretary of economic development.

SECTION 8. Said section 16G of said chapter 6A, as so amended, is hereby further amended by striking out, in line 273, the words “The executive office shall submit an annual” and inserting in place thereof the following words:- In years when expenditures are made from the fund, the executive office shall submit a.

SECTION 9. Section 35FF of chapter 10 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140 and 141 and 142, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 10. Chapter 22 of the General Laws is hereby amended by striking out section 12 and inserting in place thereof the following section:-

Section 12. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Mixed martial arts”, as defined in section 32 of chapter 147.

“Unarmed combative sport”, as defined in section 32 of chapter 147.

(b) There shall be within the office of public safety and inspections a commission, to be known as the state athletic commission, consisting of the commissioner of occupational licensure, or their designee, and 4 persons to be appointed by the governor, 1 of whom shall have a background in the sport of boxing and 1 of whom shall have a background in the sport of mixed martial arts. Members shall serve for terms of 3 years or until a successor is appointed. The governor shall from time to time designate 1 member as chair. A quorum of 3 members shall be required for the commission to exercise its authority, and an affirmative vote of a majority of the commissioners present at a commission meeting shall be required for all commission actions. The members appointed by the governor may be reimbursed for necessary travel expenses incurred in the performance of their duties.

(c) If a member is absent without justification for 4 consecutive meetings or for more than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission shall be vacant and the governor shall appoint a successor consistent with subsection (b). The commission shall, by rule, define what constitutes excused and unexcused absences.

(d) Each commission member shall serve at the pleasure of the governor.

(e) The commission shall appoint a full-time executive director to assume the role of the commission’s administrative and executive head. The executive director shall have: (i) not less than 5 years of experience in unarmed combative sports; and (ii) skills and experience in management. The executive director shall serve at the pleasure of the commission, shall devote their full time and attention to the office’s duties and shall receive a salary as determined by the commission. The executive director shall be responsible for administering and enforcing the provisions of law relative to the commission. The executive director may, subject to the approval of the commission, employ other employees, consultants, agents and advisors, including, but not limited to, legal counsel, and shall attend the meetings of the commission.

(f) The commission may deputize 1 or more persons to represent the commission and to be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided, however, that such deputies shall be compensated in an amount fixed by the commission for each match or exhibition attended; and provided further, that the commission may approve that such deputies be reimbursed for necessary travel expenses incurred in the performance of their duties.

(g) No deputy shall be assigned to regulate an event under the authority or jurisdiction of the commission who has not received formal training on the laws and rules of the commission and related issues within the previous 12 months prior to the scheduled event. The commission may reimburse deputies for necessary travel expenses incurred while attending a formal training.

SECTION 11. Subsection (b) of section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out the definition of “Expansion of an existing facility” and inserting in place thereof the following definition:-

“Expansion project”, the expansion of an existing facility located in the commonwealth that results in a net increase in the number of permanent full-time employees at the expanded facility.

SECTION 12. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of “Gateway municipality” the following definition:-

“In-state relocation project”, the relocation of a business from one location in the commonwealth to another location in the commonwealth that results in a net increase in the number of permanent full-time employees.

SECTION 13. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Municipal project endorsement” and inserting in place thereof the following definition:-

“Municipal project endorsement”, an endorsement of a city council with the approval of the mayor in a city and a select board or board of selectmen in a town that: (i) finds a proposed project is consistent with the municipality’s economic development objectives; (ii) finds a proposed project has a reasonable chance of increasing or retaining employment opportunities as advanced in the proposal; and (iii) provides a description of the local tax incentive, if any, offered by the municipality in support of the proposed project.

SECTION 14. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of “Municipality” the following definition:-

“Out-of-State relocation project”, the relocation of a business and permanent full-time employees from outside the commonwealth to a location within the commonwealth.

SECTION 15. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Proportion of compliance” and inserting in place thereof the following definition:-

“Proportion of compliance”, a determination made by the economic assistance coordinating council, established pursuant to section 3B, of a certified project’s compliance with obligations related to capital investment, job creation, job retention or other obligations applicable to the certified project.

SECTION 16. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Replacement of an existing facility” and inserting in place thereof the following definition:-

“Retention project”, a project that enables a controlling business to retain not less than 50 permanent full-time employees at a facility located within a gateway city or in an adjacent city or town that is accessible by public transportation to residents of a gateway city; provided, that without such project, the retained jobs would be relocated outside of the commonwealth.

SECTION 17. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 113, the words “and approved by the EACC”.

SECTION 18. The first sentence of subsection (a) of section 3B of said chapter 23A, as appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the words “who shall serve as co-chairperson”.

SECTION 19. Subsection (b) of said section 3B of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out clauses (iii) to (vii), inclusive, and inserting in place thereof following 4 clauses:-

(iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with section 3G;

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

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

(vi) monitor the implementation of the economic development incentive program.

SECTION 20. Subsection (c) of said section 3B of said chapter 23A, as amended by section 67 of chapter 7 of the acts of 2023, is hereby amended by striking out the first 2 sentences and inserting in place thereof the following sentence:- The director of MOBD shall be responsible for administering the EDIP in consultation with the secretary of economic development and the EACC.

SECTION 21. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-

(a) A controlling business may petition the EACC to certify a proposed project by submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a representation by the controlling business regarding the amount of capital investment to be made, the number of new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the controlling business regarding any other economic benefits or other public benefits expected to result from the construction of the proposed project; and (iv) any other information that the EACC may require by regulation, policy or guidance.

(b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed project, deny certification of the proposed project or certify the proposed project with conditions. In order to certify a proposed project, with or without conditions, the EACC shall make the following required findings based on the project proposal and any additional investigation that the EACC shall make: (i) the proposed project is located or will be located within the commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation project, out-of-state relocation project or retention project; (iii) the controlling business has committed to maintaining new and retained jobs for a period of not less than 5 years after the completion of the proposed project; (iv) the proposed project appears to be economically feasible and the controlling business has the financial and other means to undertake and complete the proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this chapter are a significant factor in its decision to undertake the proposed project; and (vi) the proposed project complies with all applicable statutory requirements and with any other criteria that the EACC may prescribe by regulation, policy or guidance.

 (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an application for project certification that may include a requirement that the controlling business provide written evidence to support the certification provided for in clause (v) in paragraph (1).

SECTION 22. Section 3D of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “awarded and the schedule on which those credits may be claimed” and inserting in place thereof the following words:- awarded, the schedule on which those credits may be claimed and the extent to which the credits are refundable.

SECTION 23. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project” and inserting in place thereof the following words:- (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project; and (viii) the commitments, if any, set forth in a municipal project endorsement.

SECTION 24. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years” and inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some portion of the credits to be refundable.

SECTION 25. Said chapter 23A is hereby further amended by striking out section 3E, as so appearing, and inserting in place thereof the following section:-

Section 3E. (a) Tax increment financing may be offered by a municipality in accordance with section 59 of chapter 40 to the controlling business of a certified project, any person or entity undertaking a real estate project or any person or entity expanding a facility if the municipality finds that there is a strong likelihood that any of the following will occur within the area in question within a specific and reasonably proximate period of time: (i) a significant influx or growth in business activity; (ii) the creation of a significant number of new jobs and not merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private project or investment that contributes significantly to the resiliency of the local economy.

(b) A municipality may offer a special tax assessment to the controlling business of a certified project, a person or entity undertaking a real estate project or a person or entity proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of relocating outside of the commonwealth. A special tax assessment shall be set forth in a written agreement between the municipality and the property owner. The agreement shall include, but shall not be limited to, the amount of the tax reduction and the period of time over which such reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. A special tax assessment approved by the municipality shall provide for a reduction of the real property tax that otherwise would be due. The reduction shall be based upon a percentage reduction in the tax that otherwise would be due on the full assessed value of the affected property. The special tax assessment shall provide for tax reduction at least equal to the following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that would be due based on the full assessed value of the affected property; (ii) in the second and third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed value of the affected property. The municipality may at its discretion provide for greater real property tax reductions than those described in clauses (i) to (iii), inclusive.

 A municipality may approve special tax assessments if it determines that: (i) the property owner is undertaking a project or otherwise making an investment that contributes to economic revitalization of the municipality and significantly increases employment opportunities for residents of the municipality or is retaining permanent full-time employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the special tax assessment is reasonably necessary to enable the owner’s investment in the project or to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax foregone is reasonably proportionate to the public benefits resulting from the special tax assessment.

(c) If a municipality offers tax increment financing or special tax assessment to the owner or controlling business of a certified project, or to the owner of a facility where a certified project is located, the municipality shall notify the EACC by submitting a fully executed copy of the adopted local incentive agreement and any amendments thereto.

 SECTION 26. Section 3F of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a project by the EACC, and annually thereafter, the” and inserting in place thereof the following word:- The.

SECTION 27. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 37, the words “with job creation requirements”.

SECTION 28. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 subsections:

(d) Revocation of a project certification shall take effect on the first day of the tax year in which the material noncompliance occurred, as determined by the EACC, and all EDIP tax credits available to the controlling business shall be rescinded and any claimed tax credits awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of chapter 62 and subsection (i) of section 38N of chapter 63.

(e) Notwithstanding any general or special law to the contrary, if a municipality terminates a local tax incentive agreement, the municipality may recapture the value of the tax not paid by making a special assessment on the owner of the parcel of real property in the tax year that follows the municipality’s decision to terminate the agreement. The assessment, payment and collection of the special assessment shall be governed by procedures provided for the taxation of omitted property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said chapter 59 for which omitted property assessments may be imposed for each of the fiscal years included in the special assessment.

SECTION 29. Chapter 23A of the General Laws is hereby amended by striking out section 3H, as most recently amended by section 70 of chapter 7 of the acts of 2023, and inserting in place thereof the following section:-

Section 3H. (a) There shall be a permit regulatory office within the executive office of economic development. The secretary of economic development shall appoint a person with experience with permitting and business development to serve as the director of the office. The director shall: (i) serve as the state permit ombudsperson to new and expanding businesses; (ii) work with other state agencies to expedite the process of obtaining state licenses, permits, state certificates, state approvals and other requirements of law, but not including divisions of the state secretary’s office; (iii) provide technical assistance to municipalities interested in streamlining local permitting processes; (iv) review and approve or deny municipal priority development site proposals made pursuant to chapter 43D and monitor the development of priority development sites; (v) subject to appropriation, award technical assistance grants pursuant to said chapter 43D; and (vi) support the administration of the growth districts initiative as defined in section 1 of chapter 43E. The permit regulatory office shall consult with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation before approving or denying a proposed priority development site.

(b) There shall be a regulatory ombudsperson within the permit regulatory office to address regulatory matters of interest to the business community. The regulatory ombudsperson shall work in partnership with the state permitting ombudsperson to provide assistance to businesses in the process of complying with state regulations and other requirements of law that affect businesses. The regulatory ombudsperson shall facilitate communication between individual businesses and state agencies and provide periodic training to regulatory personnel in state agencies on how to identify the small business impacts of regulation, how to reduce those impacts and how to expedite and streamline the process or compliance.

(c) Annually, not later than 1, the director of the permit regulatory office shall file an annual report with the house and senate committees on ways and means detailing the activities of the office.

SECTION 30. Section 56 of the chapter 23A of the General Laws, as mosty recently amended by section 89 of chapter 7 of the acts of 2023, is hereby amended by striking out, in lines 18 and 19, the following words:- , the Massachusetts Growth Capital Corporation.

SECTION 31. Section 62 of said chapter 23A is hereby repealed.

SECTION 32. Subsection (a) of section 66 of chapter 23A of the General Laws, as most recently amended by section 98 of chapter 7 of the acts of 2023, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- The mission of the commission shall be to enhance the economic vitality of rural communities and to advance the health and well-being of rural residents. For purposes of this section and section 66A, “rural community” shall mean a municipality with population density of less than 500 persons per square mile or a population of less than 7,000 persons, in each case as shown in the most recent federal decennial census.

SECTION 33. Said chapter 23A is hereby further amended by inserting after said section 66 the following section:-

Section 66A. (a) The executive office of economic development shall administer a rural development program to promote economic opportunity and prosperity in rural communities. The program shall provide financial assistance on a competitive basis to municipalities, other public entities, community development corporations or non-profit entities for infrastructure projects, downtown improvements and other projects that advance economic and community development, stable housing markets and other priorities identified by the rural policy advisory commission established in section 66.

(b) The secretary of economic development shall, through guidelines or regulations, establish an application process and criteria to prioritize the distribution of financial assistance, taking into account the diversity of rural communities. The guidelines or regulations shall allow for joint applications by 2 or more rural communities for a single project serving the municipalities.

(c) Annually, not later than June 2, the secretary of economic development shall report on the activities and status of the program to the chairs of the senate and house committees on ways and means and the chairs of the joint committee on community development and small businesses.

SECTION 34. Subsection (a) of section 69 of chapter 23A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- For the purposes of this section, the term “micro business” shall mean a business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 full-time employees; and (iii) annual revenue of not more than $250,000.

SECTION 35. Said section 69 said chapter 23A, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital Corporation” and inserting in place thereof the following words:- growth capital division of the Massachusetts Development Finance Agency.

SECTION 36. Section 16 of chapter 23D of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “Massachusetts Growth Capital Corporation” and inserting in place thereof the following words:- Massachusetts Development Finance Agency.

SECTION 37. Section 20 of said chapter 23D of the General Laws is hereby repealed.

SECTION 38. Section 1 of chapter 23G of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Bonds” the following definition:-

“Community development corporation” or “CDC”, a certified community development corporation, as defined in section 2 of chapter 40H.

SECTION 39. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by striking out the definition of “Massachusetts Health and Educational Facilities Authority” and inserting in place thereof the following 3 definitions:-

“Massachusetts Growth Capital Corporation” or “MGCC”, the former Massachusetts Growth Capital Corporation established pursuant to chapter 40W, the power, functions, assets and liabilities of which have been merged into the agency.

“Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority established under chapter 614 of the acts of 1968.

“Micro business”, a business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 full-time employees; and (iii) annual revenue of not more than $250,000.

SECTION 40. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Revenues” the following definition:-

“Small business”, a business entity, including its affiliates, that (i) is independently owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would be defined as a “small business” under applicable federal law, as established in the United States Code and regulations promulgated from time to time by the United States Small Business Administration.

SECTION 41. Section 2 of said chapter 23G, as most recently amended by section 126 of chapter 7 of the acts of 2023, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The agency shall be governed and its corporate powers exercised by a board of directors consisting of the secretary of administration and finance or their designee; the secretary of economic development or their designee, who shall serve as chair; and 13 members appointed by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be experienced in planning and the redevelopment of environmentally contaminated lands, 1 of whom shall be a representative of organized labor, 1 of whom shall be experienced in community economic development and employed by a CDC or a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of a community bank in the commonwealth, 1 of whom shall be a representative of an organization of small businesses or manufacturing companies in the commonwealth, 1 of whom shall be experienced in small business financing or restructuring and 1 of whom shall be a small business owner. Each member appointed by the governor shall serve for a term of 3 years; provided, however, that of the initial appointed members, 4 shall serve terms of 2 years and 5 shall serve terms of 3 years. A person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. A member shall be eligible for reappointment. A member may be removed from their appointment by the governor for cause.

SECTION 42. Said section 2 of said chapter 23G, as so amended, is hereby further amended by striking out, in line 34, the word “Six” and inserting in place thereof the following word:- Eight.

SECTION 43. Said section 2 of said chapter 23G, as so amended, is hereby further amended by striking out subsection (l) and inserting in place thereof the following 3 subsections:

(l) The Agency shall be the successor to the Massachusetts Growth Capital Corporation, previously established under chapter 40W. All real estate, property rights, personal property, funds, moneys, revenues, receipts, contract rights or other intangible assets, equipment or other ownership, possessory or security interests of any kind whatsoever, or any portion thereof, held by said Massachusetts Growth Capital Corporation, including, but not limited to, funds previously appropriated by the commonwealth for said Massachusetts Growth Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to the Agency on the same basis and with the same interest as previously held by the Massachusetts Growth Capital Corporation. Any and all obligations and liabilities of said Massachusetts Growth Capital Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or commitment made by the Massachusetts Growth Capital Corporation with respect to any financing, including loans, bond issuances, guarantees and insurance and any other action made by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of the Agency.

(m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have bonds or insurance or guarantee commitments outstanding and until its existence is terminated by law. Upon the termination of the existence of the Agency, all right, title and interest in and to all of its assets and all of its obligations, duties, covenants, agreements and obligations shall vest in and be possessed, performed and assumed by the commonwealth.

(n) Any documentary materials or data whatsoever made or received by any member or employee of the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets or commercial or financial information regarding the operation of any business conducted by an applicant for any form of assistance that the Agency 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 Agency and specifically shall not be subject to section 10 of chapter 66. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the board in executive sessions closed to the public but the purpose of any such executive session, shall be set forth in the official minutes of the Agency, and no business that is not directly related to such purpose shall be transacted nor shall any vote be taken during such executive session.

SECTION 44. Subsection (a) of section 3 of said chapter 23G, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (34) and (35) and inserting in place thereof the following 10 clauses:-

(34) to make loans, including working capital and contract based loans, provide guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing devices for the operation of companies which have a principal place of business in the commonwealth, including, but not limited to, loans to lending institutions under terms and conditions requiring the proceeds of such loans to be used by such lending institutions for the making of loans for the operation of companies;

(35) to contract or enter into agreements, licenses and easements, with municipalities, the federal government, any agency thereof or any other person or entity, including, but not limited to, the commonwealth, state and public agencies of the commonwealth, regional entities and utility companies, to provide utility services, including, but not limited to, electricity, gas, cable television, broadband and telephone services and to acquire, construct, maintain and operate any such systems for utility services;

(36) to borrow money by the issuance of debt obligations whether tax exempt or taxable and secure such obligations by the pledge of its revenues or of the revenues, mortgages and notes of others; provided, however, that the corporation shall not issue debt obligations pursuant to this clause if the principal amount of those debt obligations, when added to the principal amount of existing debt obligations issued by the corporation under this clause, excluding debt obligations previously refunded or to be refunded by the corporation, would exceed 30 million dollars;

(37) to consent, subject to any contract with noteholders or bondholders, whenever it deems it necessary or desirable in the fulfillment of the purposes of this chapter, to the modification, with respect to rate of interest, time of payment of an installment of principal or interest, or other terms, of a mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the Agency is a party;

(38) to create, issue, buy and sell stock and other capital participation instruments, hold such stock and capital participation instruments and underwrite the creation of a capital market for these securities;

(39) to provide advisory services, technical assistance and training programs to small businesses as may be necessary or desirable to carry out the purposes of this chapter;

(40) to create and issue shares that a person, firm or corporation may purchase; provided, however, that each share issued shall be in the form of non-voting common stock with each share having a par value of $10; provided, however, that the total value of the shares issued shall not exceed $25,000,000;

(41) to make loans or grants to, or otherwise finance or invest in, a business to further the purposes of this chapter; provided, further, that such loans or grants may be made to certified community development corporations or other community based nonprofit entities for the purpose of such corporations or entities providing financing to businesses;

(42) to provide loan guarantees to public or private entities for the purpose of causing such entities to provide financing to a business; and

(43) to require, by contract in a financing agreement, or otherwise, specific operational activities, financial actions or management changes, as conditions for the receipt of a loan, financing or investment by the corporation.

SECTION 45. Said subsection (a) of said section 3 of said chapter 23G, as so appearing, is hereby amended by inserting after clause (43), inserted by section , the following paragraph:-

No debt obligation issued under clause (36), stock or capital participation instrument created under clause (38) or share issued under clause (40) by the Agency shall be or become an indebtedness or obligation of the commonwealth, and it shall be plainly stated on the face of each bond, capital participation instrument, share or other evidence of indebtedness that it does not constitute an indebtedness or obligation of the commonwealth but is payable solely from the revenues or income of the agency.

SECTION 46. Said chapter 23G is hereby further amended by adding the following 2 sections:

Section 48. (a) There shall be within the agency a division known as the growth capital division to provide growth capital and other financial assistance to small businesses located within the commonwealth.

(b) The agency may participate in projects to provide capital or increase or improve the availability of capital; provided, that the agency shall find and incorporate in the official records of the corporation that the project is reasonably expected to: (i) support or promote economic development, revitalization or stability; (ii) promote employment opportunities for residents of the commonwealth; (iii) promote the creation or retention of jobs; or (iv) support the creation or expansion of a business sector whose success would enhance the economic development of the commonwealth, quality of life of residents of the commonwealth or employment opportunities for residents of the commonwealth.

The agency shall not participate in a project unless it determines, in writing, that its participation is necessary because without such participation adequate funding for the project would not be available or would be offered on terms that would preclude the success of the project. The agency shall prioritize participation in projects that enhance the quality of life of a target area as defined in section 2 of chapter 40H or enhance the quality of life and promote employment opportunities for low- and moderate-income residents of the commonwealth. If a certified community development corporation requests that the agency participate in a project, the agency shall make a determination of whether the project is likely to provide employment opportunities to or enhance the quality of life of low- and moderate-income residents of the commonwealth, or whether the project supports the creation or expansion of the business sector in the region served by the CDC.

(c) The agency may participate in projects to provide capital or increase or improve the availability of capital available to minority-owned or women-owned contractors. The agency shall not participate in a project unless it determines, in writing, that its participation is necessary because without such participation adequate funding for the project would not be available or would be offered on terms that would preclude the success of the project. The agency shall endeavor to participate in projects each year that promote the equitable growth of minority-owned or women-owned businesses.

(d) The agency may establish or invest in the capital stock of at least 1 corporation organized to increase capital available to small businesses or to engage local residents and businesses to work together to undertake programs, projects and activities that develop and improve urban, rural and suburban communities by creating and expanding economic opportunities for low- and moderate-income people. Without limitation, any such corporation may: (i) serve as a financial intermediary between entities undertaking projects and small businesses and public or private sources of capital, including, but not limited to, direct lenders, guarantors or grant makers; and (ii) provide financial and managerial consulting services to entities undertaking projects, small businesses and minority-owned or women-owned contractors. Any corporation so organized may accomplish its purposes by means of investing in the equity capital of, making grants to, making loans to or issuing loan guarantees to entities undertaking projects or to small businesses. The agency may have a controlling or a minority interest in such a corporation, as the directors of the agency shall determine; provided, however, that at least 1 director of the agency shall sit on the board of directors of the corporation.

(e) Before making an investment in the equity capital of, making grants to, making loans to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation established or in which the agency has invested under subsection (d) shall make the following findings:

(i) such action is consistent with the objectives of this section and may reasonably be expected to contribute to the redevelopment and economic well-being of the commonwealth, will create or retain jobs or will assist minority- or women-owned businesses;

(ii) the funds provided by the agency will be used solely in connection with the costs of the project or the operation of the small business;

(iii) the contract for participation in a project requires adequate reporting of financial data from the small business or project to such corporation, the contract requires that a business receiving financial products shall participate in financial and managerial consulting services and the contract includes a requirement for an annual or other periodic audit of the books of the project or the small business; and

(iv) the corporation’s participation is necessary to the successful completion of the proposed project or to the success of the small business because funding for the project or small business is unavailable in the traditional capital markets or that credit has been offered on terms that would preclude the success of the project or the small business.

If the agency desires to sell or otherwise dispose of stock received under a contract under this section, the small business or entity undertaking a project, or the small business or entity’s nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to meet a subsequent bona fide offer by a third party. The agency shall not, nor shall the agency in combination with a corporation established or invested in by the agency under this section, own more than 49 per cent of the voting stock in a small business. Upon the request of the agency, the commissioner of banks shall examine the books of a corporation established or invested in by the agency under this section, if such examination is a condition of the particular investment, lending, loan guaranty or grant program administered by such corporation.

(f) The agency shall establish a program to support the provision of financial and managerial consulting and technical assistance to eligible companies that receive financial assistance from the commonwealth or any of the commonwealth’s public authorities. Services supported may include, but shall not be limited to, procurement of investment capital, management, administration, production, product marketing, assisting business in securing federal contracts and business expansion, renovation and diversification. The program may include: (i) referrals to technical assistance provided without charge to eligible companies by public and private small business support organizations; (ii) financial support to engage private consultants; and (iii) a directory of organizations, experts and consultants available to be engaged to offer financial or managerial consulting services. The agency shall coordinate the program with the United State Small Business Administration, the Massachusetts Small Business Development Center Network and other private for profit and nonprofit providers of consulting and technical assistance to small businesses.

(g) The agency may provide matching grants to fund consulting and technical assistance to small businesses who receive financial assistance from the commonwealth or any of the commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay for mandated small business consulting and technical assistance services. Prior to awarding a grant, the agency shall have determined that the financial or managerial consulting services mandated as a condition of financial support of the small business are not available without charge from an entity participating in the program and that procuring such services creates a hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this subsection shall require a 100 per cent match by the recipient.

(h) The agency may disburse loans and grants to low- and moderate-income entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth, in consultation with the micro business development center established by section 69 of chapter 23A.

Section 49. (a) The agency may establish and administer an economic stabilization program to provide flexible, high-risk financing:

(i) necessary to implement a change of ownership, corporate restructuring or turnaround plan for economically viable but troubled businesses that face the likelihood of a large employment loss in the commonwealth, closure of a plant located in the commonwealth or failure without such a change of ownership, corporate restructuring or turnaround plan; provided, however, that the program shall provide assistance to firms in specific mature industries for the purpose of technological investment or upgrading of management operations in order for the business to maintain future economic stability; and provided further, that the financial participation of the agency shall aim to supplement private financial institutions and public economic development agencies when such institutions are unable to provide all the financing or bear all of the risk necessary to transfer ownership, restructure or turnaround a business where the business might otherwise fail, experience closure of a plant located in the commonwealth or greatly reduce its employment in the commonwealth; and

(ii) in connection with starting up employee-owned businesses or the implementation of employee-ownership projects; provided, however, that the financial participation of the agency shall aim to supplement private financial institutions and public economic development agencies when such institutions are unable to provide all the financing or bear all of the risk necessary to starting up an employee-owned business or implement an employee-ownership project.

(b) Before providing assistance in connection with the purchase of a troubled business pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in the minutes of a meeting of the directors that the business:

(i) is likely to experience a large loss of employment in the commonwealth, closure of a plant located in the commonwealth or failure without the loan, financing or investment by the agency;

(ii) within a specific mature industry, requires assistance to technological investment or upgrading of management operations in order for the business to maintain future economic stability;

(iii) or person seeking to purchase the troubled business has taken or shall take such actions as the directors deem necessary to ensure the business has a reasonable chance to continue as a successful business, including, but not limited to, changes in its operations, financing or management, and that said actions are included as a condition for financing by the agency in the financing agreement; and

(iv) or person seeking to purchase the troubled business has made diligent efforts to obtain the financing necessary to continue its operations or transfer ownership of the business from private financial institutions and public economic development agencies and such financing is unavailable or has been offered on terms that would prevent the successful continuation or change in ownership of the business.

(c) When providing assistance in connection with starting up an employee-owned business or implementation of an employee-ownership project pursuant to this clause (ii) of subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the directors that the business:

(i) or person seeking assistance has taken or shall take such actions as the directors deem necessary to ensure that the employee-owned business or employee-ownership project has a reasonable chance to succeed; and

(ii) except with respect to assistance for pre-feasibility and feasibility studies, has made diligent efforts to obtain the financing necessary to institute or implement the employee-ownership project from private financial institutions and public economic development agencies and such financing is unavailable or has been offered on terms that would prevent the successful institution or implementation of the employee-owned business or employee-ownership project.

(d) The agency shall seek to direct not less than10 percent of the financing provided by the economic stabilization program to businesses that are employee-owned businesses in order to fulfill the purposes of this section.

SECTION 47. Chapter 23I of the General Laws is hereby amended by striking out section 1, as appearing in the 2022 official edition, and inserting in place thereof the following section:-

Section 1. The general court finds and declares that:

(1) research in the life sciences and regenerative and preventative medicine presents a significant opportunity of yielding fundamental biological knowledge from which therapies may emanate to relieve, on a large scale, human suffering from disease and injury;

(2) the extraordinary biomedical scientists working within institutions of higher education, research institutes, hospitals and life sciences companies can contribute significantly to the welfare of humanity by performing outstanding research in these fields;

(3) promoting the health of residents of the commonwealth is a fundamental purpose of state government;

(4) promoting life sciences research to foster the development of the next generation of health-related innovations, to enhance the competitive position of the commonwealth in this vital sector of the economy and to improve the quality and delivery of health care for the people of the commonwealth is a clear public purpose and governmental function;

(5) public support for and promotion of the life sciences will benefit the commonwealth and its residents through improved health status and health outcomes, economic development and contributions to scientific knowledge and such research will lead to breakthroughs and improvements that might not otherwise be discovered due to the lack of existing market incentives, especially in the area of regenerative and preventative medicine, such as stem cell research;

(6) public support for, and promotion of, life sciences research has the potential to provide cures or new treatments for many debilitating diseases that cause tremendous human suffering and cost the commonwealth millions of dollars each year;

(7) it is imperative for the purposes of the commonwealth's competitiveness to invest in life sciences research, biotechnology, nanotechnology, biosecurity and health-related artificial intelligence to leverage revenues and encourage cooperation and innovation among public and private institutions involved in life sciences research and related applications;

(8) the purpose of this chapter is to continue the establishment of the Massachusetts Life Sciences Center, to grant that center the power to contract with other entities to receive other funds and to disburse those funds consistent with the purpose of this chapter;

(9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available research in life sciences disciplines through diverse institutions and to build upon existing strengths in the area of biosciences in order to spread the economic benefits across the commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the world; and

(10) the investments of the life sciences center are intended to support future statewide, comprehensive strategies to lead the nation in life sciences-related research, innovations and employment.

SECTION 48. Section 2 of said chapter 23I, as so appearing, is hereby amended by inserting after the definition of “Equity investment” the following definition:-

“Health equity”, addressing the preventable disproportion and differences in the burden of disease, experienced by populations that have been disadvantaged by their social or economic status, geographic location or environment.

SECTION 49. Said section 2 of said chapter 23I, as so appearing, is hereby further amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-

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

SECTION 50. Section 3 of said chapter 23I, as most recently amended by section 133 of chapter 7 of the acts of 2023, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) The center shall be governed and its corporate powers exercised by a board of directors consisting of: the secretary of administration and finance or a designee, who shall serve as co-chair; the secretary of economic development or a designee, who shall serve as co-chair; the president of the University of Massachusetts or a designee; and 6 members appointed by the governor, 1 of whom shall be a chief executive officer of a life sciences corporation based in the commonwealth and a member of the board of directors of the Massachusetts Biotechnology Council, Inc., 1 of whom shall be a researcher involved in the commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic products, 1 of whom shall have significant experience in the medical device sector and be a member of the board of directors of the Massachusetts Medical Device Industry Council, Inc., 1 of whom shall have significant experience in the health equity subsector of the life sciences sector, 1 of whom shall have significant experience in the digital health subsector of the life sciences sector and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital Association, Inc.

(2) Each appointed member shall serve a term of 5 years; provided, however, that in making the initial appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 director to serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to serve for a term of 4 years. A person appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in a like manner and shall serve for only the unexpired term of such director. An appointed director shall be eligible for reappointment. A director appointed by the governor may be removed from their appointment by the governor for cause.

SECTION 51. Said section 3 of said chapter 23I, as so amended, is hereby further amended by striking out, in line 38, the word “Four” and inserting in place thereof the following word:- Six.

SECTION 52. Said section 3 of said chapter 23I, as so amended, is hereby further amended by inserting after the word “center,” in line 71 the following words:- ; provided, however, that the president may elect to appoint and employ a chief administrative and operational officer.

SECTION 53. Section 4 of said chapter 23I, as most recently amended by section 134 of chapter 7 of the acts of 2023, is hereby amended by striking out, in line 64, the word “Investment” and inserting in place thereof the following word:- Breakthrough.

SECTION 54. Subsection (a) of said section 4 of said chapter 23I, as so amended, is hereby amended by inserting after clause (23) the following clause:-

(231/2) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of higher education, nonprofit organizations, other public or quasi-public entities in the commonwealth and certified life sciences companies; provided, however, 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 center; provided further, that grants administered for the purchase of equipment to be owned by, leased to or located within the premises of a private businesses shall be made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences in the commonwealth; provided further, that a private university or business entity shall not be eligible for a grant unless the center 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 and social economic equity;.

SECTION 55. Said section 4 of said chapter 23I, as so amended, is hereby further amended by striking out, in line 159, the words “Investment Fund, established pursuant to section 5” and inserting in place thereof the following word:- Breakthrough Fund, established pursuant to section 6.

SECTION 56. Said subsection (a) of said section 4 of said chapter 23I, as so amended, is hereby further amended by striking out clauses (31) and (32) and inserting in place thereof the following 3 clauses:-

(31) to track and report to the general court on federal initiatives that have an impact on life sciences companies doing business in the commonwealth;

(32) to create award programs to acknowledge successful companies, public and private institutions and programs in industry-specific areas, as determined by the center; and

(33) to convene an advisory board as may be necessary in its judgment to carry out the purposes of this chapter.

SECTION 57. Section 5 of said chapter 23I, as most recently amended by section 135 of chapter 7 of the acts of 2023, is hereby amended by striking out, in line 64, the word “Investment” and inserting in place thereof the following word:- Breakthrough.

SECTION 58. Said section 5 of said chapter 23I, as so amended, is hereby amended by striking out, in line 107, the figure “5” and inserting in place thereof the following figure:- 3.

SECTION 59. Said chapter 23I is hereby further amended by striking out section 6, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-

Section 6. (a) There shall be within the center a Life Sciences Breakthrough Fund to finance the activities of the center. The fund shall be credited with: (i) any appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) additional funds subject to the direction and control of the center; (iii) pension funds; (iv) federal grants or loans directed to the fund; (v) royalties or private investment capital that may properly be applied in furtherance of the objectives of the fund; (vi) any proceeds from the sale of qualified investments secured or held by the fund; (vii) fees and charges imposed relative to the making of qualified investments as defined by the center, secured or held by the fund; and (viii) any other money that may be available to the center for the purposes of the fund from any other source or sources. Any funds deposited in the fund shall be available to the center for the purposes described in this section without further appropriation. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

(b) The center shall invest and reinvest the fund and the income thereof as follows:

(i) making qualified investments pursuant to subsection (c);

(ii) defraying the ordinary and necessary expenses of administration and operation associated with the center; provided, however, that administrative and operational expenses shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in a fiscal year;

(iii) investing any funds not required for immediate disbursement in the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth;

(iv) paying binding obligations associated with such qualified investments that shall be secured by the fund as the same become payable; or

(v) paying principal or interest on qualified investments secured by the fund or paying any redemption premium required to be paid when such qualified investments shall be redeemed prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time in such an amount as would reduce the amount of the fund to less than the minimum requirement thereof established by the board, except for the purpose of paying binding obligations associated with qualified investments which shall be secured by the fund as the same become payable.

(c) The fund shall be held and applied by the center, subject to the approval of the board, to make qualified investments, grants, research and other funding and loans designed to advance the following public purposes for the life sciences:

(i) stimulating increased financing for the expansion of research and development by leveraging private financing for highly productive state-of-the-art research and development facilities, equipment and instrumentation and by providing financing related thereto, including, but not limited to, financing for the construction or expansion of such new facilities;

(ii) making targeted investments, including research funding, proof of concept funding and funding for the development of devices, drugs or therapeutics and promoting manufacturing activities for new or existing advanced technologies and life sciences research; provided, however, that funding provided for the purchase of equipment to be owned by, leased to or located within the premises of a private businesses shall be made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences in the commonwealth; provided further, that a private university or business entity shall not be eligible for funding unless the center has made a finding that such funding 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 and economic equity.

(iii) making matching grants to colleges, universities, independent research institutions, nonprofit entities, public instrumentalities, companies and other entities in connection with support from the federal government, industry and other grant-funding sources related to the expansion of research and development and increasing and strengthening economic development, employment opportunities and commercial and industrial sectors in the field of life sciences;

(iv) providing bridge financing to colleges, universities, independent research institutions, nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants as described in clause (iii) awarded or to be awarded by the federal government, industry or other sources;

(v) providing fellowships, co-ops, high school internships, for which additional consideration shall be given to socially or economically disadvantaged students at schools where at least 80 per cent of the student population is eligible for free or reduced lunch, college internships, for which additional consideration shall be given to socially or economically disadvantaged students enrolled full-time or part-time at a community college, loans and grants;

(vi) providing workforce training grants to prepare individuals for life sciences careers;

(vii) providing funding for development, coordination and marketing of higher education programs; and

(viii) making qualified grants to certified life sciences companies for site remediation, preparation and ancillary infrastructure improvement projects.

(d) Proceeds of the fund may be used by the center to fund life sciences initiatives including, but not limited to:

(i) international trade initiatives;

(ii) qualified grants and equity investments to further workforce development and education in the life sciences and to promote a diverse life sciences workforce in the commonwealth;

(iii) activities that facilitate the transfer of technology from the commonwealth's research institutions to the commonwealth's life science industries for productive use by such industries and targeted investments in proof of concept funding for emerging technologies;

(iv) a program to promote the research and development of plant-made pharmaceuticals and industrial products through field trials, in collaboration with the department of agricultural resources;

(v) initiatives to promote the research, development, adoption and productive application of artificial intelligence within the commonwealth’s life science industries;

(vi) initiatives to promote health equity, including programs that help to identify and address preventable disproportion and differences in the burden of disease or opportunities to achieve optimal health experienced by populations that have been disadvantaged by their social or economic status, geographic location or environment;

(vii) initiatives to promote the efficient collection, storage and sharing of biological samples and health information to assist with research and development of new treatments for disease or otherwise improve patient outcomes;

(viii) initiatives to promote biomanufacturing and supply chain resiliency in the life sciences in the commonwealth;

(ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and

(x) a program to make qualified equity investments in early-stage life sciences companies and enterprises seeking to raise seed capital; provided, however, that qualified equity investments shall not exceed $250,000 in any 1 enterprise; provided, however, that the center shall not make such qualified equity investments unless the: (A) investment has been approved by a majority vote of the board; (B) recipient is a life sciences company certified pursuant to section 5; and (C) center finds, to the extent possible, that a definite benefit to the commonwealth's economy may reasonably be expected from the investment.

In evaluating a request or application for a qualified equity investment under clause (x), the center shall consider whether:

(i) the proceeds of the qualified equity investment shall only be used to cover the seed capital needs of the enterprise except as hereinafter authorized;

(ii) the enterprise has a reasonable chance of success;

(iii) the center's participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or contingent upon matching funds or because funding has been offered on terms that would substantially hinder the success of the enterprise;

(iv) the enterprise has reasonable potential to create a substantial amount of primary employment, as defined in section 1 of chapter 23G, in the commonwealth;

(v) the enterprise’s principals have made or are prepared to make a substantial financial and time commitment to the enterprise; (vi) the securities to be purchased shall be qualified securities;

(vii) there is a reasonable possibility that the center shall, at a minimum, recoup its initial investment;

(viii) binding commitments have been made to the center by the enterprise for adequate reporting of financial data to the center, which shall include a requirement for an annual or other periodic audit of the books of the enterprise, and for such control on the part of the center as the board shall consider prudent over the management of the enterprise to protect the investment of the center, including the board's right to access, without limitation, financial and other records of the enterprise; and

(ix) a reasonable effort has been made to find a professional investor to invest in the enterprise and such effort was unsuccessful.

(e) The center shall not make a qualified investment pursuant subsection (c) unless:

(i) the investment has been approved by a majority vote of the board;

(ii) the recipient is a certified life sciences company pursuant to section 5 or a project or initiative listed in subsection (d);

(iii) the center finds, to the extent possible, that a definite benefit to the commonwealth's economy may reasonably be expected from the qualified investment; provided, however, that in evaluating a request or application for investment under this subsection, the center shall consider:

(a) the appropriateness of the project;

(b) whether the project has significant potential to expand employment in the commonwealth;

(d) the project's potential to lead to a breakthrough medical treatment for a particular disease or medical condition;

(e) the project's potential for leveraging additional funding or attracting resources to the commonwealth;

(f) the project's potential to promote manufacturing in the commonwealth; and

(g) evidence of potential royalty income and contractual means to recapture such income for the purposes of this chapter, as the center considers appropriate;

(iv) to the extent said investment is a capital investment made pursuant to clause (viii) of subsection (c), the investment has been approved by the secretary of administration and finance upon request of the center; provided, however, that said request shall be submitted to the secretary in writing and shall include, but not be limited to:

(A) a description of the project or program to be funded;

(B) the economic benefits to the commonwealth that can reasonably be expected from the project or program;

(C) a copy of the proposed contract or other document executing the transaction between the center and the recipient of the funds;

(D) a description of the contractual or other legal remedies available to the center upon non-performance of the contract or other document executing the transaction by the recipient including, but not limited to, any provisions for restitution or reimbursement of the funds granted, loaned or otherwise invested in or with the recipient; and

(E) any other information as the secretary may determine; and

(v) the investment conforms with the rules approved by the board; provided, however, that said rules shall set the terms and conditions for investments that shall constitute qualified investments, including, but not limited to, loans, guarantees, loan insurance or reinsurance, equity investments, grants awarded pursuant to clause (iii) of subsection (c), other financing or credit enhancing devices, as established by the center directly, on its behalf or in conjunction with other public instrumentalities, private institutions or the federal government; provided further, that said rules shall provide that qualified investments made pursuant to clauses (i) and (ii) of said subsection (c) shall involve a transaction with the participation of at least 1 at-risk private party; provided further, that said rules shall establish the terms, procedures, standards and conditions that the center shall employ to identify qualified applications, process applications, make investment determinations, safeguard the fund, advance the objective of increasing employment opportunities, oversee the progress of qualified investments and secure the participation of other public instrumentalities, private institutions or the federal government in such qualified investments; and provided further, that said rules shall provide for negotiated intellectual property agreements between the center and a qualified investment recipient that shall include the terms and conditions by which the fund's support may be reduced or withdrawn.

(f) The center may solicit investments by private institutions or investors in the activities of the fund and may reach agreements with such private institutions or investors regarding the terms of any such investments, including, but not limited to, the rights of such investors to participate in the income or appropriation of the fund. To further the objective of securing investments by private institutions or investors in the activities of the fund, the center may develop a proposal creating a separate investment entity, which shall permit the commingling of the fund's resources with maximum participation by such private institutions or investors in a manner consistent with the public purpose of the fund and under the terms and conditions established to protect and preserve the assets of the fund.

(g) Copies of the approved rules, and any modifications, shall be submitted to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.

(h) Qualified investment transactions made by the center pursuant to this section shall not, except as specified in this chapter, be subject to chapter 175, shall be payable solely from the fund and shall not constitute a debt or pledge of the full faith and credit of the commonwealth, the center or any subdivision of the commonwealth.

(i) The center shall not make an expenditure from or a commitment of the assets of the fund, including, but not limited to, the making of qualified investments secured by the fund, if following the making of said qualified investment, the amount of the fund shall be less than the minimum requirement established by the board.

SECTION 60. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby amended by adding the following sentence:- The center may, in its discretion, transfer funds from the Life Sciences Breakthrough Fund established under section 6 to the Dr. Craig C. Mello Small Business Equity Investment Fund to advance the purposes of this section.

SECTION 61. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby amended by adding the following sentence:- The center may, in its discretion, transfer funds from the Life Sciences Breakthrough Fund established under section 6 to the Dr. Judah Folkman Higher Education Grant Fund to advance the purposes of this section.

SECTION 62. Sections 9, 10 and 12 of said chapter 23I are hereby repealed.

SECTION 63. Section 15 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 18, the words “October 1” and inserting in place thereof the following words:- December 31.

SECTION 64. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Clean energy research” the following 3 definitions:-  “Climatetech”, clean energy and other advanced and applied technologies that contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions or mitigate the impacts of climate change through adaptation, resiliency and environmental sustainability. 

“Climatetech company”, a business corporation, partnership, firm, unincorporated association or other entity engaged in research, development, innovation, manufacturing, deployment or commercialization of climatetech technologies in the commonwealth and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I. 

“Climatetech research”, clean energy research and other advanced and applied research in new climatetech technologies.

SECTION 65. Section 2 of said chapter 23J, as most recently amended by section 136 of chapter 7 of the acts of 2023, is hereby amended by striking out, in lines 16, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 66. Said section 2 of said chapter 23J, as so amended,is hereby further amended by striking out, in line 32, the word “clean” and inserting in place thereof the following word:- climatetech.

SECTION 67. Section 3 of said chapter 23J, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 and 132, 136, 141, 169, 170 and 171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 68. Said section 3 of said chapter 23J, as so appearing, is hereby further amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place thereof, in each instance, the following words:- Climatetech.

SECTION 69. Section 5 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 26 and 28, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 70. Section 7 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2, 3 and 7, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 71. Section 8 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 10, 14, 32 and 34, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 72. Section 9 of said chapter 23J, as so appearing, is hereby amended by inserting after the words “renewable energy”, in lines 24, 26, 28, 29, 31, 32, 36, 41, 54, 97, 105 and 134, in each instance, the following words:- and climatetech.

SECTION 73. Said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the words “clean energy”, in lines 52 and 58, in each instance, the following words:- and climatetech.

SECTION 74. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is hereby amended by striking out clauses (i) to (v), inclusive, and inserting in place thereof the following 5 clauses:-

(i) the growth of the renewable energy-provider and climatetech industry; (ii) the use of renewable energy by electricity customers in the commonwealth; (iii) public education and training regarding renewable energy and climatetech, including, but not limited to, promoting programs and investments that lead to pathways toward economic self-sufficiency for low- and moderate-income individuals and communities in the clean energy and climatetech industry; (iv) product and market development; (v) pilot and demonstration projects and other activities designed to increase the use and affordability of renewable energy and climatetech resources by and for consumers in the commonwealth;

SECTION 75. Subsection (f) of said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “projects”, in line 123, the following words:- ; provided, that climatetech technologies eligible for assistance shall be consistent with the definition of climatetech provided in section 1.

SECTION 76. Section 9A of said chapter 23J, as so appearing, is hereby amended by striking out, in line 24, the words “clean energy” and inserting in place thereof the following word:- climatetech.

SECTION 77. Subsection (b) of said section 9A of said chapter 23J, as appearing in the 2022 Official Edition, is hereby amended by striking out clauses (11) and (12), and inserting in place thereof the following 4 clauses:-

(11) provide funding for planning, technical and program support to enable a municipality or group of municipalities with an approved municipal load aggregation plan authorized pursuant to section 134 of chapter 164, or with approved aggregations authorized pursuant to section 137 of said chapter 164 and other private aggregations with plans approved by the center, to enter into a long-term contract to purchase electricity from an offshore wind developer;

(12) promote jobs and economic and workforce development through capital grants to companies and governmental entities to of support and stimulate research and development, innovation, manufacturing, commercialization and deployment of offshore wind in the commonwealth;

(13) provide 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 the fund; and

(14) otherwise further the public purposes set forth in this section.

SECTION 78. Said section 9A of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “energy”, in line 132, the following words:- , climatetech.

SECTION 79. Section 10 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 3 and 6, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 80. Section 13 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 1, 6, 7, 13, 14 and 15, 17, 18, 20, 23 and 24, 24, 26, 33 and 34, 34, 36 and 37, 42, 44, 49, 56, 64 and 75, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 81. Section 15 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2 and 71, the words “Clean Energy”and inserting in place thereof, in each instance, the following word:- Climatetech.

SECTION 82. Said section 15 of said chapter 23J, as so appearing, is hereby further amended by striking out, in lines 8, 18, 21, 22, 25, 30 and 31, 35 and 36, 38, 40, 42, 44 and 45 and 47, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 83. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is hereby amended by striking out clauses (ix) and (x) and inserting in place thereof the following 3 clauses:-

(ix) supporting the long-term coexistence and sustainability of the fishing and climatetech industries;

(x) promoting jobs and economic and workforce development through capital grants to companies and governmental entities to support and stimulate research and development, innovation, manufacturing, commercialization and deployment of climatetech technologies in the commonwealth; 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 the fund.

SECTION 84. Said chapter 23J is hereby further amended by adding the following section:-

Section 16. (a) There shall be within the center a climatetech industry tax incentive program that shall be administered by the center. The purpose of the program shall be to develop and expand climatetech industry-related employment opportunities in the commonwealth and to promote climatetech-related economic development in the commonwealth by supporting and stimulating research, development, innovation, manufacturing and deployment in the climatetech sector. Certified climatetech companies shall be eligible for participation in the program. 

(b) The center may, upon a majority vote of the board, certify a company as a climatetech company upon: (i) the timely receipt, as determined by the center, of a certification proposal supported by independently verifiable information, signed under the pains and penalties of perjury by a person expressly authorized to contract on behalf of the company and shall include, but not be limited to, an estimate of the projected new state revenue the company expects to generate during the period for which the company seeks certification together with a plan that shall include, but not be limited to: (A) precise goals and objectives by which the company proposes to achieve the projected new state revenue; (B) an estimate of the number of permanent, full-time employees to be hired or retained; (C) an estimate of the year in which the company expects to hire or retain the employees; (D) an estimate of the projected average salaries of said employees; (E) an estimate of the projected taxable income pursuant to chapter 62 generated by said employees; (F) an estimate of the methods by which the company shall obtain new employees and pursue a diverse workforce; and (G) if applicable, an estimate of the company's planned capital investment in the commonwealth; and (ii) findings made by the center, based on the certification proposal, documents submitted therewith and any additional investigation by the center that shall be incorporated in its approval, that: (A) the company is likely to contribute substantially to research, development, innovation, manufacturing, commercialization or deployment of climatetech in the commonwealth; (B) the company has a substantial likelihood of meeting all statutory requirements and any other criteria that the center may prescribe, including, but not limited to, criteria in the following areas: (1) leveraging additional funding or attracting additional resources to the commonwealth; (2) increasing research, development, innovation, manufacturing, commercialization or deployment of climate technologies within the commonwealth; and (3) creating employment in the commonwealth; and (B) the company has a substantial likelihood of meeting its state revenue, employment growth and applicable capital investment projections, as specified in the certification proposal, over the period for which it receives benefits.

(c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting with the tax year in which certification is granted. Each certified climatetech company shall file an annual report with the center certifying whether it has met the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards those targets. 

(2) The certification of a climatetech company may be revoked by the center after an investigation by the center and a determination that the climatetech company is in material noncompliance with its certification proposal; provided, however, that the center shall review each certified climatetech company at least annually. Revocation shall take effect on the first day of the tax year in which the center determines the certified climatetech company to be in material noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits allowed by the original certification of tax benefits under this section. The commissioner of revenue shall issue regulations to establish a process to recapture the value of any credits allowed by the certification under this section. For the purposes of this paragraph, “material noncompliance” shall mean the failure of a certified climatetech company to substantially achieve the new state revenue, job growth and capital investment projections set forth in its certification proposal or any other act, omission or misrepresentation by the certified climatetech company that frustrates the public purpose of the program.  

(3) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified climatetech company. 

 (d) The center, in consultation with the department of revenue, may annually authorize incentives, including those established in subsections (ee) and (ff) of section 6 of chapter 62, subsection (j) of section 38M of chapter 63, sections 38OO, 38PP and 38QQ of said chapter 63, the second paragraph of subsection (c) of section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H, which shall not exceed $30,000,000 annually. The center, in consultation with the department of revenue, may limit the incentives to a specific dollar amount or time duration or in any other manner deemed appropriate by the department of revenue; provided, however, that the department of revenue shall only allocate the incentives among certified climatetech companies.

The center, in consultation with the department of revenue, shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to a certified climatetech company unless expressly granted by the secretary of administration and finance in writing.

SECTION 85. Section 18 of chapter 23N of the General Laws, as most recently amended by section 137 of chapter 7 of the acts of 2023, is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following 2 subsections:-

(b) The fund shall be administered by the secretary of economic development. Money in the fund shall be competitively granted pursuant to existing workforce development programs that develop and strengthen workforce opportunities for low-income communities or vulnerable youth and young adults in the commonwealth, including providing opportunities and strategies to promote stable employment and wage growth, or competitively granted to eligible recipients described in subsection (c).

(c) Eligible grant recipients shall provide opportunities that: (i) target at-risk youth, including resources to empower youth to succeed in the workforce; (ii) provide job skills trainings, including programs offering trainings in multiple languages and areas for development, including education and hands on skills; (iii) promote adult literacy, including strategies to master reading and writing and providing digital formats to increase accessibility; and (iv) provide English language learning programs to promote access to the workforce; provided, however, that as an alternative, eligible grant recipients may provide opportunities that: (i) provide job skills trainings, including education and hands-on skills for individuals with intellectual, developmental or physical disabilities; or (ii) facilitate work permits, professional credentialing or other workforce opportunities for non-citizens permanently residing under color of law or otherwise lawfully present in the commonwealth. The secretary of economic development shall establish criteria to evaluate applications for the grant program; provided, however, that the criteria shall include, but shall not be limited to, at-risk populations; provided further, that preference shall be given to eligible grant recipients providing opportunities for individuals who meet not less than 2 of the following: (i) are under 30 years of age; (ii) are a victim of violence; (iii) are over 18 years of age and do not have a high school diploma; (iv) have been convicted of a felony; (v) have been unemployed or have had a family income below 250 per cent of the federal poverty level for not less than 6 months; (vi) live in a census tract where over 20 per cent of the populations fall below the federal poverty line; or (vii) have an intellectual, developmental or physical disability.

SECTION 86. Subsection (b) of section 29K of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- Notwithstanding any general or special law to the contrary, the board of directors of a state authority may meet independently of management or in executive session to discuss matters pertaining to said audit or compensation committees.

SECTION 87. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(g) Notwithstanding section 39M of chapter 30 or any other general or special law to the contrary, a governmental body may procure (i) broadband internet service; (ii) the design, installation, maintenance and operation of fiber optic cables and other equipment to provide broadband internet service to a public building or buildings; and (iii) the design, installation, maintenance and operation of a wireless communication network for a public building or public land, or any combination of the foregoing, in a single procurement conducted in accordance with section 5. Any such fiber optic cables, wireless network equipment and other physical improvements designed, installed, maintained and operated pursuant to such procurement shall be considered supplies.

SECTION 88. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “and pursuant to regulations issued by the economic assistance coordinating council established under section 3B of chapter 23A,”.

SECTION 89. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-

(i) includes a description of the parcels to be included in the agreement;.

SECTION 90. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 30, the words “within such TIF area”.

SECTION 91. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “as required by said regulations”.

SECTION 92. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out subsection (vii).

SECTION 93. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following figure:- (vii).

SECTION 94. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 91 and 92, the words “and the economic assistance coordinating council”.

SECTION 95. Section 6 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced not more than 12 months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. Construction or operations under a special permit issued pursuant to section 9, or site plan approval pursuant to the local ordinance or by-law, shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other local land use regulations unless the use or construction is commenced within 3 years after the issuance of the special permit or site plan approval and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. Construction involving the redevelopment of previously disturbed land shall be deemed to have commenced upon substantial investment in site preparation or infrastructure construction and construction of developments intended to proceed in phases shall proceed expeditiously, but not continuously, among phases.

SECTION 96. Section 4G of chapter 40J of the General Laws, as so appearing, is hereby amended by inserting after the word “granted”, in line 21, the following words:- ; provided further, that the University of Massachusetts may leverage funding sourced from an agency to meet the match requirement.

SECTION 97. Subsection (c) of section 6B of said chapter 40J, as most recently amended by section 179 of chapter 7 of the acts of 2023, is hereby amended by striking out the last sentence.

SECTION 98. Chapter 40W of the General Laws is hereby repealed.

SECTION 99. Section 2 of chapter 43D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Interagency permitting board”.

SECTION 100. Said section 2 of said chapter 43D, as so appearing, is hereby further amended by striking out the definition of “Priority development site” and inserting in place thereof the following 2 definitions:-

“Permit regulatory office”, the office within the executive office of economic development pursuant to section 3H of chapter 23A.

“Priority development site”, a privately or publicly owned property that is: (i) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building of not less than 50,000 square feet of gross floor area in new or existing buildings or structures; and (ii) designated as a priority development site by the permit regulatory office; provided, however, that several parcels or projects may be included within a single priority development site.

SECTION 101. Section 3 of said chapter 43D, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-

(a) A governing body seeking designation of a priority development site shall file a formal proposal with the permit regulatory office. If the proposal includes an intention to develop housing within the priority development site, the governing body shall provide a copy of the proposal to the secretary of housing and livable communities. The proposal shall include: (i) a detailed description of the property; (ii) a good faith commitment to comply with this chapter; (iii) a description of the uses that could be developed within the priority development site; and (iv) such other information as the secretary shall, after consultation with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation, require by regulation or guidelines .

(b) The secretary shall by regulation or guidelines establish the criteria for designating priority development sites. These criteria shall include a preference for areas that include at least 1 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas in which electric grid capacity can satisfy new all electric building. Priority development sites shall not include areas containing highly sensitive natural resources or areas in which development would be at significant risk from rising sea levels or other flood risk caused or exacerbated by climate change.

SECTION 102. Section 11 of said chapter 43D, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “unless the permit expressly allows the transfer without the approval of the issuing authority” and inserting in place thereof the following words:- except as provided in a local ordinance or by-law, or an applicable state law or regulation.

SECTION 103. Said chapter 43D is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

Section 12. A municipality containing a priority development site shall receive priority consideration for: (i) grant programs administered by the executive office of economic development; (ii) state resources for business development, including, but not limited to, quasi-public financing and training programs; (iii) brownfields remediation assistance administered by the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the regional planning council; provided, however, that such state financial or technical assistance is intended to facilitate development within the priority development site; and provided further, that priority consideration for such grants and other financial assistance shall apply only to a municipality that is in compliance with the multi-family zoning requirements under section 3A of chapter 40A, if applicable.

SECTION 104. Section 13 of said chapter 43D is hereby repealed.

SECTION 105. Section 6 of chapter 62 of the General Laws, as most recently amended by section 6 of chapter 88 of the acts of 2024, is hereby amended by striking out, in line 149, the words “’EDIP contract’ and ‘proposed project'” and inserting in place thereof the following words:- “EDIP contract”, “proportion of compliance”, “proposed project” and “refundable credit”.

SECTION 106. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- The EACC shall provide the commissioner with the documentation that the commissioner deems necessary to confirm compliance with the annual cap, and the commissioner shall provide a report confirming compliance to the secretary of administration and finance and the secretary of economic development. Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC with documentation confirming tax credits claimed under this subsection by the owner or lessee of a certified project.

SECTION 107. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62, as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The amount of credits subject to recapture shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of its revocation process and reported to the taxpayer and the department of revenue at the time that certification is revoked.

SECTION 108. Said section 6 of said chapter 62, as most recently amended by section 6 of chapter 88 of the acts of 2024, is hereby further amended by striking out subsection (t).

SECTION 109. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in line 1422, the figure “50” and inserting in place thereof the following figure:- 10.

SECTION 110. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in line 1468, the word “its” and inserting in place thereof the following words:- the owner’s.

SECTION 111. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in line 1488, the words “owner’s capital investment in” and inserting in place thereof the following words:- total leasable square footage of.

SECTION 112. Said section 6 of said chapter 62, as so amended, is hereby further amended by striking out, in lines 1489 and 1490, the words “employ, in the aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the following words:- employ not less than 50.

SECTION 113. Said section 6 of said chapter 62, as so amended, is hereby further amended by adding the following 3 subsections:-

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

“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure or facility or other improvements to real property, including, but not limited to, site-related utility and transportation infrastructure improvements.  

“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.  

“Certified climatetech company”, a climatetech company as defined in section 1 of chapter 23J and certified pursuant to section 16 of said chapter 23J.

“Climatetech facility”, any building, complex of buildings or structural components of buildings, including access infrastructure and machinery and equipment used in the research, manufacturing, assembly, development, provision or administration of goods or services in the climatetech sector.

“Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years.

“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech facility.

(2) An owner or tenant, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of not more than 50 per cent of the owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond with the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.

(3) An owner shall be eligible for a tax credit authorized under this subsection if the owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii) climatetech facility will employ not less than 50 new full-time employees by the fifth year of the owner's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.

(4) A tenant shall be eligible for a tax credit authorized pursuant to this subsection if the tenant demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent of the total leasable square footage of the facility; and (iv) tenant will employ not less 13 full-time employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this subsection to a tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech facility for the taxable year.

(5) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.

(6) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.

(7) The department of revenue shall promulgate such rules and regulations as necessary to administer the credit established in this section. 

(ff)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center, in consultation with the department of revenue.

(2) A taxpayer taking a credit under this subsection shall commit to the creation of not less than 5 net new permanent full-time employees in the commonwealth.

(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the climatetech tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.

(4) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.

(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.

(gg)(1) An employer engaged in business within the commonwealth that is not a business corporation subject to the excise under chapter 63 may be allowed a credit each taxable year against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.

(2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be enrolled in or a recent graduate of a public or private institution of higher education located within the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall demonstrate that the total number of interns employed in the taxable year exceeds the average number of interns employed by the taxpayer per year over the previous 3 years. An intern shall not be qualified if such intern is participating in another internship or apprenticeship program for which an employer has claimed a credit in the taxable year under this subsection or chapter 63.

(3) The total cumulative value of the credits authorized pursuant to this subsection and section 38RR of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim more than $100,000 in credits under this subsection for any taxable year. A credit allowed under this subsection shall not be transferable.

(4) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter of such owners, partners or members, in a manner determined by the commissioner.

(5) The executive office of economic development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this subsection and section 38RR of chapter 63 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this subsection. The secretary of economic development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.

(6) The secretary of economic development shall annually file a report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development identifying: (i) total amount of tax credits claimed pursuant to this subsection and section 38RR of chapter 63; (ii) the number of participating interns; and (iii) the number of participating employers; provided, however, that in the fourth submission of said annual report, the secretary of economic development shall provide an assessment of the effectiveness of the credit offered under this subsection and said section 38RR of said chapter 63 in achieving the goal of retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may provide to the secretary of economic development de-identified, statistical tax return information related to the tax filings of former participating interns for the 5 tax years beginning after the conclusions of the internship to evaluate whether former interns are both employed and domiciled in the commonwealth after the internship. Said information must be shared in a manner that prevents the identification of particular tax returns.

SECTION 114. Subsection (a) of section 31M of chapter 63 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-

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

SECTION 115. Section 38M of said chapter 63, as so appearing, is hereby amended by striking out, in lines 120 and 121, the words “and (ii) equipment for the federal National Aeronautics and Space Administration” and inserting in place thereof the following words:-

(ii) equipment for the federal National Aeronautics and Space Administration; and (iii) medical countermeasures, including, but not limited to, medicines and medical supplies that can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or nuclear threats, biologic products, vaccines, blood products, antibodies, antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective equipment.

SECTION 116. Subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following 3 definitions:-

“Climatetech”, shall have the same meaning as defined in section 1 of chapter 23J.

“Climatetech company”, shall have the same meaning as defined in section 1 of chapter 23J.

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

SECTION 117. Said subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting in place thereof the following definition:-

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

SECTION 118. Said section 38M of said chapter 63, as so appearing, is hereby further amended by inserting after the words “chapter 23I”, in line 144, the following words:- or the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J.

SECTION 119. Section 38N of said chapter 63, as most recently amended by section 229 of chapter 7 of the acts of 2023, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) As used in this section, “Certified project”, “EACC”, “EDIP contract”, “Proportion of compliance” and “Refundable credit” shall have the same meanings as ascribed to them in section 3A of chapter 23A.

SECTION 120. Said section 38N of said chapter 63, as so amended, is hereby further amended by striking out, in line 27, the word “or”, the second time it appears, and inserting in place thereof the following word:- of.

SECTION 121. Said section 38N of said chapter 63, as so amended, is hereby further amended by striking out, in line 29, the word “or”, the second time it appears, and inserting in place thereof the following word:- of.

SECTION 122. The second paragraph of subsection (c) of said section 38N of said chapter 63, as so amended, is hereby amended by adding the following sentence:- Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC with documentation confirming credits claimed under this section by a corporation subject to tax under this chapter that is the controlling business of a certified project, or an affiliate of a controlling business.

SECTION 123. Said section 38N of said chapter 63, as so amended , is hereby further amended by striking out, in line 46, the words “31A or”.

SECTION 124. Subsection (i) of said section 38N of said chapter 63, as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The amount of credits subject to recapture shall be equal to the corporation’s proportion of compliance, as determined by the EACC as part of its revocation process and reported to the corporation and the department of revenue at the time certification is revoked.

SECTION 125. Subsection (a) of section 38U of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-

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

SECTION 126. Section 38LL of said chapter 63, as so appearing, is hereby amended by striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10

SECTION 127. Section 38MM of said chapter 63, as so appearing, is hereby amended by striking out, in line 28, the word “its” and inserting in place thereof the following words:- the owner’s.

SECTION 128. Said section 38MM of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and inserting in place thereof the following words:- total leasable square footage of.

SECTION 129. Said section 38MM of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 48 to 50, inclusive, the words “employ, in the aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the following words:- employ not less than 50.

SECTION 130. Said chapter 63 is hereby further amended by inserting after section 38MM the following 4 sections:-

 Section 38OO. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:  

“Capital investment”, expenses incurred for the site preparation and construction, repair,

renovation, improvement or equipping of a building, structure or facility or other improvements to real property, including, but not limited to, site-related utility and transportation infrastructure

improvements.  

“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.  

“Certified climatetech company”, a climatetech company as defined in section 1 of chapter 23J and certified pursuant to section 16 of said chapter 23J.

“Climatetech facility”, a building, complex of buildings or structural components of buildings, including access infrastructure, and all machinery and equipment used in the research, manufacturing, assembly, development, provision or administration of goods or services in the climatetech sector.

“Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years.

“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech facility.  

(b) An owner or tenant, to the extent authorized by the climatetech tax

incentive program established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of not more than 50 per cent of the owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.

(c) An owner shall be eligible for a tax credit authorized under this section if the owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech facility will employ not less than 50 new full-time employees by the fifth year of the owner's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.

(d) A tenant shall be eligible for a tax credit under this section if the tenant demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital investment in the facility equals not less than $5,000,000; (iii) tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent of the total leasable square footage of the facility; and (iv) tenant shall employ not less 13 full-time employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this section to a tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech facility for the taxable year.

(e) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.

(f) The department of revenue shall promulgate such rules and regulations as necessary to administer the credit established in this section. 

Section 38PP. (a) A taxpayer may, to the extent authorized pursuant to the climatetech tax incentive program established in section 16 of chapter 23J, be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the qualified research expenses for the taxable year, over the base amount, and 15 per cent of the basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue Code; provided, that the terms ''qualified research expenses'', ''base amount'', ''qualified organization base period amount'', ''basic research'' and any other terms affecting the calculation of the credit shall have the same meanings as defined in said section 41 of said Code unless the context requires otherwise.

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

(b) For a qualified climatetech company, research and development costs, within the meaning of section 41 of said Code, shall include, those qualified research expenditures that are performed both inside and outside the commonwealth. 

(c) For purposes of section 30, the deduction from gross income that may be taken with respect to any expenditures qualifying for a credit under said section 41 of the Internal Revenue Code shall be based upon its cost less the credit allowable under this section; provided, however, that section 280C(c) of said Code shall not apply. 

(d) The credit allowed hereunder for any taxable year shall not reduce the excise to less than the amount due under subsection (b) of section 39, section 67 or any other general or special law.

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

(f) If a corporation files a combined return of income under section 32B, a credit generated by an individual member corporation under this section shall first be applied against the excise attributable to that company under section 39, subject to the limitations of subsections (d) and (e). A member corporation with an excess research and development credit may apply its excess credit against the excise of another group member if such other member corporation may use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired credits generated by a member corporation shall be carried over from year to year by the individual corporation that generated the credit and shall not be refundable. Nothing in this section shall alter subsection (h) of section 31A.

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

(h) The commissioner of revenue shall promulgate regulations necessary to carry out this section. 

Section 38QQ. (a) A taxpayer, to the extent authorized by the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.

(b) A taxpayer taking a credit under this section shall commit to the creation of not less than 5 net new permanent full-time employees in the commonwealth.

(c) A credit allowed under this section shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the climatetech tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.

(d) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.

Section 38RR. (a) A business corporation engaged in business in the commonwealth shall be allowed a credit each taxable year against its excise due under this chapter in an amount equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit allowed by this section exceeds the tax otherwise due under this chapter, 100 per cent of the balance of the credit may, at the option of the taxpayer, be refunded to the taxpayer.

(b) For an employer to be eligible for a credit under this section, the: (i) intern shall be enrolled in or a recent graduate of a public or private institution of higher education located in the commonwealth; (ii) intern shall have been employed as a qualified intern by the employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) employer shall demonstrate that the total number of interns employed in the taxable year exceeds the average number of interns employed by the taxpayer per year over the previous 3 taxable years. An intern shall not be qualified if such intern is participating in another internship or apprenticeship program for which an employer has claimed a credit in the taxable year under this chapter or section 6 of chapter 62.

(c) The total cumulative value of the credits authorized in this section and subsection (gg) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer shall not claim more than $100,000 in credits under this section for any taxable year. A credit allowed under this section shall not be transferable.

(d) The executive office of economic development, in consultation with the commissioner of revenue, shall authorize, administer and determine eligibility for the tax credit pursuant to this section and subsection (gg) of section 6 chapter 62 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this section. The secretary of economic development, in consultation with the commissioner of revenue, shall promulgate regulations establishing an application process for the credit.

(e) The secretary of economic development shall annually file a report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development identifying the: (i) total amount of tax credits claimed pursuant to this section and subsection (gg) of section 6 of chapter 62; (ii) number of participating interns; and (iii) number of participating employers. In the fourth submission of the annual report, the secretary of economic development shall also provide an assessment of the effectiveness of the credit offered under this section and under said subsection (gg) of said section 6 of said chapter 62 in achieving the goal of retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may provide to the secretary of economic development de-identified, statistical tax return information related to the tax filings of former participating interns for the 5 tax years beginning after the conclusion of the internships to evaluate whether former interns are both employed and domiciled in the commonwealth after their internship. Such information shall be shared in a manner that prevents the identification of particular tax returns.

SECTION 131. Section 42B of said chapter 63, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 50 and 51, the words “23I, a certified life sciences” and inserting in place thereof the following words:- 23I or the climatetech tax incentive program established in section 16 of chapter 23J, a certified.

SECTION 132. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(yy)(1) Sales of tangible personal property purchased for a certified climatetech company, to the extent authorized pursuant to the climatetech tax incentive program established by section 16 of chapter 23J, for use in connection with the construction, alteration, remodeling, repair or remediation of research, development or manufacturing or other commercial facilities used for the provisions of goods or services in the climatetech sector and utility support systems.

(2) As used in this paragraph, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Climatetech”, shall have the same meaning as provided in section 1 of chapter 23J.

“Climatetech company”, shall have the same meaning as provided in section 1 of chapter 23J.

“Utility support systems”, all areas of utility support systems including, but not limited to, site, civil, mechanical, electrical and plumbing systems.

SECTION 133. Section 2E of chapter 90 of the General Laws, as most recently amended by chapter 28 of the acts of 2023, is hereby amended by adding the following subsection:

(e) The registrar shall furnish, upon application, to an owner of a private passenger motor vehicle distinctive registration plates that shall display on its face a design celebrating state parks. Any such person who bears such plates shall be provided the same benefits as a parking season pass holder. The design of the plate theme shall be determined by the department of conservation and recreation, in consultation with and subject to the approval of the registrar. There shall be a fee of not less than $100 dollars for such plates in addition to the established registration fee for private passenger motor vehicles and such fee shall be paid at the time of registration of the vehicle and at each renewal thereof. The portion of the total fee remaining after the deduction of costs directly attributable to the issuance of such plates shall be deposited in the State Parks Preservation Trust Fund established in section 35DD of chapter 10.

SECTION 134. Chapter 100A of the General Laws is hereby amended by adding the following section:-

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: (i) 1 person appointed by the commissioner of insurance; (ii) 1 person appointed by the attorney general; (iii) 1 person appointed by the director of standards; 3 persons selected from the auto insurance industry by the Automobile Insurers Bureau of Massachusetts, 1 of whom shall be chosen by the 3 persons to serve as co-chair; 3 persons selected from the auto repair industry from different geographic regions of the commonwealth by the Alliance of Automotive Service Providers of Massachusetts, Inc., 1 of whom shall be chosen by the 3 persons to serve as co-chair; 1 person selected by the Massachusetts State Automobile Dealers Association, Inc; and 4 persons 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 a year. The advisory board shall be responsible for creating, implementing and overseeing an annual survey given to relevant auto body shops. The survey shall compile data pertaining to contracted hourly labor rates, posted hourly labor rates, 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-technical 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 recommendations 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 135. Chapter 112 of the General Laws is hereby amended by striking out section 9, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-

Section 9. (a) An applicant for limited registration under this section may, upon payment of a fee to be determined annually by the secretary of administration and finance under section 3B of chapter 7, be registered by the board as an intern, fellow or medical officer for such time as it may subscribe if the applicant furnishes to the board with satisfactory proof that:

(i) the applicant is at least 18 years of age and of good moral character;

(ii)(A) the applicant has creditably completed 2 years of a premedical course of study at an accredited college or university and not less than 3½ years of study in a legally chartered medical school in the United States or Canada having the power to grant degrees in medicine, (B) if not enrolled in or a graduate of a legally chartered medical school in the United States or Canada, the applicant is the holder of a standard certificate granted after an examination by the Education Council for Foreign Medical Graduates, unless granted an exemption by the board, or (C) the applicant has completed a minimum of 2 years of premedical education at an accredited college or university in the United States, Canada or Puerto Rico or, if the applicant has studied medicine in a medical school outside the United States, Canada or Puerto Rico that is recognized by the World Health Organization, has completed all the formal requirements for the degree corresponding to doctor of medicine, except internship and social service and has completed 1 year of clinical clerkship approved by the liaison committee on medical education of the American Medical Association;

(iii) the applicant has been appointed as an intern, fellow or medical officer in: (A) a hospital or other institution of the commonwealth or of a county or municipality thereof, (B) a hospital or clinic that is incorporated under the laws of the commonwealth, (C) a clinic that is affiliated with a hospital licensed by the department of public health under section 71 of chapter 111, (D) an outpatient clinic operated by the department of mental health, (E) the department of public health for duty in clinics or in programs operated or approved by the department of public health, or (F) programs approved by the board of registration in medicine and leading toward certification by specialty boards recognized by the American Medical Association; or

(iv) the applicant has applied to participate in the medical assistance program administered by the secretary of health and human services under chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to the medical assistance program for the limited purpose of ordering and referring services covered under the program if regulations governing such limited participation are promulgated under section 37 of said chapter 118E.

A person with a limited registration under this section may practice medicine only in: (i) the hospital, institution, clinic or program designated on the applicant’s certificate of limited registration or outside such hospital, institution, clinic or program under the supervision of 1 of its medical officers who is a duly registered physician for the treatment of persons accepted by such hospital, institution, clinic or program as patients; or (ii) any hospital, institution, clinic or program affiliated for training purposes with the hospital, institution, clinic or program designated on the certificate, which affiliation shall be approved by the board and pursuant to regulations established by the hospital, institution, clinic or program. The name of the hospital, institution, clinic or program so affiliated and so approved shall be indicated on the certificate. Limited registration under this section may be revoked at any time by the board.

(b) Notwithstanding this section, an internationally-trained physician who has been licensed or is otherwise authorized to practice medicine in a country other than the United States shall be eligible to apply for a limited license to practice medicine for a 1-year term after satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year limited license shall not be renewed more than once; and provided further, that such limited registration shall provide a pathway for the issuance of a full unrestricted license to practice medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said subsection (c).

(c)(1) For the purposes of this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:

“Commission”, the Educational Commission for Foreign Medical Graduates.

“Internationally-trained physician”, a physician who has received a degree of doctor of medicine or its 1-year equivalent from a legally chartered medical school outside the United States and recognized by the World Health Organization and who has been licensed or otherwise authorized to practice medicine in a country other than the United States and who has practiced medicine for at least 1 year.

“Licensing exam”, the United States Medical Licensing Examination.

“Participating healthcare facility”, a federally-qualified health center, community health center, hospital or other healthcare facility approved by the board that provides an assessment and evaluation program designed to develop, assess and evaluate an internationally-trained physician’s nonclinical skills according to criteria developed or approved by the board; provided, that participating healthcare facility shall provide medical care in a physician shortage area.

“Physician shortage area”, a geographic region or population in the commonwealth experiencing a shortage of physicians, especially primary care physicians or psychiatrists, relative to population and need; provided, however, that the health care workforce center or its equivalent in the department of public health shall assist the board in determining the regions or populations comprising a “physician shortage area”.

(2) The board shall issue a limited license to an applicant if the participating facility and the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally-trained physician; (ii) has a valid certificate issued by the commission or other credential evaluation service approved by the board; provided, however, that the board may waive such certification if the applicant is unable to obtain the required documentation from a noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity with nonclinical skills and standards appropriate for medical practice in the commonwealth according to assessment and evaluation criteria developed or approved by the board; (v) shall enter a full-time full employment relationship with the participating facility after the board issues a limited license to practice medicine to the applicant; and (vi) has satisfied other criteria that may be developed by the board to implement this subsection.

(3) An internationally-trained physician who provides the board with proof of: (i) successful completion of the participating facility’s assessment and evaluation program; (ii) a passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the board may require may apply for a renewable 2-year restricted license to practice medicine only in a physician shortage area; provided, however, that a 2-year restricted license shall not be renewed more than once; and provided further, that any additional prerequisites for eligibility shall not include post-graduate clinical training and that the restricted license shall authorize the holder to practice independently in a primary care specialty, psychiatry or other specialty as may be approved by the board. After 2 years of restricted practice, the internationally-trained physician may apply for a full, unrestricted license to practice medicine.

SECTION 136. Section 26 of chapter 138 of General Laws, as so appearing, is hereby amended by inserting after the word “States” in lines 4 and 16, each time it appears, the following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101.

SECTION 137. Chapter 140 of the General Laws is hereby amended by striking out sections 185C and 185D, as so appearing, and inserting in place thereof the following 2 sections:-

Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean any machine, device, computer program or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets.

(b) The commissioner of occupational licensure, after notice to the licensee and reasonable opportunity to be heard, may revoke a license or may suspend the license for such period as the commissioner deems appropriate, upon satisfactory proof that the licensee has violated or permitted a violation of any condition of the license or of any rule or regulation of the commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked.

(c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing software to purchase tickets. Any person, firm, corporation or other entity who knowingly utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty of not less than $500 per violation and shall forfeit all profits made from the sale of any such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee who is adjudicated guilty by the commissioner under subsection (b) of the following acts shall have their license revoked and may be barred from licensure for a period not to exceed 3 years if the licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a ticket that the licensee knew was obtained using ticket purchasing software; or (iii) intentionally maintained any interest in or maintained any control of the operation of ticket purchasing software to purchase tickets.

(d) Any person, firm, corporation or other entity that has knowledge of the use of ticket purchasing software in violation of this chapter and fails to notify the office of the attorney general within 30 days shall be subject to a civil penalty of $500 per violation.

Section 185D. (a) A licensee that facilitates the sale or resale of a ticket to any theatrical exhibition, public show, public amusement or exhibition shall disclose in a clear and conspicuous manner the total ticket price inclusive of fees, interests, charges and other components of the total ticket price; provided, however, that the total ticket price may not include shipping charges, taxes and any fees required by federal, state or local law.

(b) The total ticket price shall be disclosed: (i) at the time of the initial presentation of the ticket price; (ii) prior to requiring a consumer to provide personal information, including, but not limited to, billing information; provided, however, that such information may be collected if the personal information is necessary to determine if the purchase by the consumer is legal; and (iii) prior to the ticket being selected for purchase.

(c) No licensee under section 185A shall sell or facilitate the sale of tickets or resell or facilitate the resale of any tickets to a theatrical exhibition, public show, public amusement or exhibition of any description without a guarantee to each purchaser of such sold or resold tickets that the purchaser shall be provided a full refund of the amount paid by the purchaser, including, but not limited to, all fees and charges, if any, if the: (i) event for which the ticket has been sold or resold is cancelled; (ii) ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket; (iii) ticket was not delivered to the purchaser prior to the occurrence of the event unless such failure of delivery was due to an act or omission of the purchaser; or (iv) ticket fails to conform to its description as advertised unless the purchaser has preapproved a substitution of tickets. The provision of a replacement ticket to the same event at a comparable location, where applicable, and at no additional cost to the consumer shall be considered a full refund under this section.

(d) Failure to disclose the fees clearly and conspicuously or misrepresenting the total ticket price under this section shall constitute an unfair or deceptive act or practice under chapter 93A.

(e) Any person, firm, corporation or other entity who violates this section may be barred from licensure for not more than 3 years and shall be subject to a civil penalty of not more than $5,000 per violation.

SECTION 138. Section 4 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the following figure:- 5.

SECTION 139. Section 5 of said chapter 142A, as so appearing, is hereby amended by inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to section 4.

SECTION 140. Said section 5 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all customary and reasonable efforts to collect the judgment but the contractor has filed for bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after execution” and inserting in place thereof the following words:- contractor shall have failed to pay the judgment or award and the director has determined that reasonable efforts to collect the same have been made.

SECTION 141. Section 7 of said chapter 142A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

An owner may make a claim to the fund only if the owner has complied with section 3, has obtained a judgment or arbitration award and has filed the claim with the fund not more than 7 years from the date of the contract, stating that the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect the same have been made.

SECTION 142. Said section 7 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in place thereof the following figure:- $25,000.

SECTION 143. Said section 7 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars” and inserting in place thereof, in each instance, the following figure:- $150,000.

SECTION 144. Section 15 of said chapter 142A is hereby repealed.

SECTION 145. Section 17 of said chapter 142A, as so appearing, is hereby amended by striking out clause (17) and inserting in place thereof the following 3 clauses:-

(17) having a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against or, if the holder has been disciplined, the basis for any such action would constitute a basis for disciplinary action in the commonwealth;

(18) failing to repay the fund in full, including the appropriate amount of annual interest, for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; and

(19) violating any other provision of this chapter.

SECTION 146. Said section 17 of said chapter 142A, as so appearing, is hereby further amended by adding the following paragraph:-

For the purposes of this section, the conduct of a contractor or subcontractor shall include the conduct of their agents, employees, salespersons and subcontractors, whether or not an express relationship exists, if the work or activity is within the scope of the contract and not for additional work beyond the contract undertaken by separate agreement with the owner.

SECTION 147. The first paragraph of section 18 of said chapter 142A, as so appearing, is hereby amended by adding the following sentence:- The director may also enter into a consent agreement with a registrant to impose administrative penalties, including, but not limited to, voluntary revocation of the registration.

SECTION 148. Chapter 147 of the General Laws is hereby amended by striking out section 36 and inserting in place thereof the following 3 sections:-

Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed under this section and sections 35 and 35A. There shall also be in attendance not less than 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the contestant receiving a majority of the votes or, if neither receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge shall be announced from the ring. The referee shall have full power to stop the match or exhibition whenever they deem it advisable because of the physical condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient reason. The commission shall declare forfeited any prize, remuneration or purse or any part thereof belonging to a contestant if, in the judgment of a majority of the commissioners after consultation with the judges and the referee, the contestant was not competing in good faith. The fees of the referee and other licensed officials shall be fixed by the commission and shall be paid by the licensed organization prior to the match or exhibition.

Section 36A. (a) The commission shall set forth rules and regulations for contracts between a manager and an unarmed combatant and contracts between a promoter and an unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a promoter unless the contract is filed with the commission prior to a scheduled contest in an amount of time established by the commission. The commission shall only honor a contract that is executed and notarized on a form provided by the commission unless the contract terms comply with the requirements set forth by the commission.

(b) The commission shall promulgate rules and regulations for contracts between a manager and an unarmed combatant and a promoter and an unarmed combatant; provided, however, that an unarmed combatant shall not enter into a contract with a manager or promoter unless the contracted is filed with the commission prior to a scheduled contast within an amount of time established by the commission. The commission shall only accept a contract that is executed and notarized on a form provided by the commission unless the terms of the contract otherwise comply with the requirements established by the commission.

(c) The commission shall be the sole arbiter of a complaint that a contestant did not that a contestant did not compete in good faith during a contest and may establish rules governing dispute resolution under this section. If, during a contest, a contestant is believed to not be competing in good faith, a member of the commission or their designee shall withhold any prize, remuneration or purse until a hearing is held. The commission shall, at a hearing following the contest, declare forfeited any prize, remuneration or purse or any part thereof belonging to a contestant if, in the judgment of a majority of the commissioners, after consultation with the judges and the referee, the contestant was not competing in good faith.

Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who conducts themself at any time or place in a manner that is deemed by the commission to discredit any unarmed combative sports, may have their license revoked and be fined, suspended or otherwise disciplined in such manner as the commission may direct.

SECTION 149. Said chapter 147 is hereby further amended by striking out section 39B and inserting in place thereof the following section:- 

Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed martial arts or other unarmed combative sports events, sparring matches or exhibitions, except those persons to whom a special license may be granted thereunder without the requirement of a bond or payment of the annual fee, shall take out a policy of accident insurance on each contestant participating in the match or exhibition in an amount determined by the commission, but not less than $10,000, to compensate the contestant for medical and hospital expenses incurred as the result of injuries received in such match or exhibition and a policy in an amount determined by the commission, but not less than $100,000, to be paid to the estate of a deceased contestant in the event of the death of the contestant resulting from participation in the match or exhibition. The premiums on the policies shall be paid by the licensee.

SECTION 150. Section 192 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “203” and inserting in place thereof the following figure:- 204.

SECTION 151. Said chapter 149 is hereby further amended by adding the following section:-

Section 204. (a) A client and a registered PEO or PEO group as defined in section 192 shall each be deemed an employer for the purposes of sponsoring retirement and welfare benefit plans for its covered employees.

(b) A fully-insured welfare benefit plan offered to the covered employees of a PEO or PEO group shall be treated as a single employer welfare benefit plan.

(c) A PEO or PEO group shall be deemed the employer of covered employees under chapter 176J, and all such covered employees shall be included in the full-time equivalents count for purposes of a fully-insured health insurance plan sponsored by a PEO or PEO group.

SECTION 152. Subsection (4) of section 25Q of chapter 152 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Subsection (1) shall not apply to groups that have been in existence for not less than 5 years and have established a premium payment plan acceptable to the commissioner.

SECTION 153. Section 2 of the chapter 167F of the General Laws, as so appearing, is hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital Corporation created under chapter 40W” and inserting in place thereof the following words:- growth capital division of the Massachusetts Development Finance Agency established in section 2 of chapter 23G.

SECTION 154. Section 85W of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the word “compensation”, in line 2, the following words:- exceeding $500 per year.

SECTION 155. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking out the last sentence.

SECTION 156. Said section 10 of said chapter 498, as so amended, is hereby further amended by adding the following paragraph:-

Notwithstanding the Reuse Plan and associated zoning by-laws under this section or any other general or special law to the contrary, there shall be: (i) no square foot limit or cap on the amount of commercial or industrial development that may occur within Devens; and (ii) no limit or cap on the number of residential units that may be developed within Devens. Nothing in this section shall modify any other provisions of the by-laws regulating the development of housing within Devens or requiring the issuance of development permits by the Devens Enterprise Commission for specific projects.

SECTION 157. Section 148 of chapter 24 of the acts of 2021 is hereby amended by striking out the figure "2025" and inserting in place thereof the following figure:- 2030.

SECTION 158. Not later than 30 days after the effective date of this act, the secretary of economic development and the secretary of housing and livable communities shall convene a working group that shall include representatives from the towns of Ayer, Harvard and Shirley, the Massachusetts Development Finance Agency and the Devens Enterprise Commission to determine a strategy and plan to provide for increased housing production within Devens, including, but not limited to, the feasibility of allowing not more than 400 multi-family residential units in the Innovation and Technology Center zoning district established by Article V(A)(13) of the zoning by-laws of the Devens Regional Enterprise Zone. The secretary of economic development and the secretary of housing and livable communities shall report the findings of the working group within 180 days after the effective date of this act.

SECTION 159. (a) There shall be established within the executive office of economic development a 5-year pilot surety bond assistance program to encourage the participation of economically and socially disadvantaged businesses in bidding for and securing contracts for capital projects. The program may include, but shall not be limited to, providing: (i) technical assistance to eligible contractors to secure surety bonds; and (ii) financial assistance to guarantee surety bonds required on behalf of the commonwealth or on behalf of a county, city, town, district, other political subdivision of the commonwealth or other public instrumentality for the construction, reconstruction, alteration, remodeling, repair or demolition of public buildings or other public works.

(b) The executive office shall promulgate regulations or guidelines to establish eligibility requirements and other program terms; provided, however that such eligibility requirements shall seek to direct the financial assistance provided by the program to ensure fair participation of businesses owned by persons from socially and economically disadvantaged groups for whom access to capital facility projects and state-assisted building projects has been historically limited. The executive office may administer the program through contracts with the Massachusetts Development Finance Agency or the Massachusetts Growth Capital Corporation.

(c) Not later than December 31 of each year of the pilot program, the executive office shall provide a public report on its website detailing the activities of the program, including, but not limited to, an analysis of the provision of technical and financial assistance services and its impact on increasing access and participation in capital projects for historically disadvantaged groups.

(d) Implementation of this section shall be subject to the United States Treasury’s approval of the use of federal funding for the purposes described herein.

SECTION 160. (a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Approval”, except as otherwise provided in subsection (b), a permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights from a municipal, regional or state governmental entity, including any agency, department, commission or other instrumentality thereof, concerning the use or development of real property, and any environmental permit, including certificates, licenses, certifications, determinations, exemptions, variances, waivers, building permits or other approvals or determinations of rights issued or made under chapter 21 of the General Laws, chapter 21A of the General Laws, except section 16 of said chapter 21A, chapter 21D of the General Laws, section 3B of chapter 21E of the General Laws, sections 61 to 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapters 40 to 40C, inclusive, of the General Laws, chapter 40R of the General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws, chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws, chapter 665 of the acts of 1956 or any local by-law or ordinance.

“Development”, a division of a parcel of land into 2 or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of a building or other structure or facility, any grading, soil removal or relocation, excavation or landfill, any use or change in the use of any building or other structure or land or the extension of the use of land.

“Tolling period”, January 1, 2023 to January 1, 2025, inclusive.

(b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or existence during the tolling period shall be extended for a period of 2 years in addition to the lawful term of the approval.

(2) Nothing in this section shall extend or purport to extend: (i) a permit or approval issued by the United States government or an agency or instrumentality thereof or a permit or approval of which the duration of effect or the date or terms of its expiration are specified or determined under a law or regulation of the United States government or an agency or instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination, exemption, certification, statement of qualification or any other administrative action by the department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter 25A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any agreement entered into by the Massachusetts Department of Transportation or the Massachusetts Bay Transportation Authority or any permit, license or approval issued by the department or the authority relating to the sale, acquisition, lease or development of real property owned, in whole or in part, by the department or the authority or the sale, acquisition, lease or development of any interest therein related to such real property pursuant to chapter 6C of the General Laws or chapter 161A of the General Laws; or (v) any enforcement order, consent decree or settlement agreement.

(3) Nothing in this section shall affect the ability of a municipal, regional or state governmental entity, including an agency, department, commission or other instrumentality thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or approval under this section, when such specific permit or approval or the law or regulation under which such permit or approval was issued contains language authorizing the modification or revocation of the permit or approval.

(4) If an approval tolled under this section is based upon the connection to a sanitary sewer system, the approval's extension shall be contingent upon the availability of sufficient capacity, on the part of the treatment facility, to accommodate the development for which approval has been extended. If sufficient capacity is not available, those permit holders whose approvals have been extended shall have priority with regard to the further allocation of gallonage over those permit holders who have not received approval of a hookup prior to the effective date of this section. Priority regarding the distribution of further gallonage to a permit holder who has received the extension of an approval under this section shall be allocated in the order granting the original approval of the connection.

(5) If an owner or petitioner sells or otherwise transfers a property or project in order for an approval to receive an extension, all commitments made by the original owner or petitioner under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If the new owner or petitioner does not meet or abide by such commitments, the approval shall not be extended under this section.

(6) Nothing in this section shall be construed or implemented in such a way as to modify a requirement of law that is necessary to retain federal delegation to or assumption by the commonwealth of the authority to implement a federal law or program.

(7) Any project covered by approval in effect during the tolling period shall be governed by any applicable local ordinance or by-law, if any, in effect at the time of the granting of the approval unless the owner or petitioner of the project elects to waive this section.

SECTION 161. (a) There shall be a special working group on youth sports to conduct an investigation and study of the current state of youth sports. The working group shall study and make recommendations relative to the regulation of youth sports, including, but not limited to: (i) maximum participation hours per youth sport in a defined period of time; (ii) licensing of businesses and coaches, including licensing fees and the conditions under which any such licensing fee may be waived to promote access to participation; and (iii) standards for player safety, including concussion protocols and athletic trainer requirements. The working group shall conduct not less than 3 public hearings.

(b) The working group shall consist of: the chair of the Massachusetts state athletic commission, who shall serve as chair of the working group; 2 members appointed by the president of the senate; 2 members appointed by the speaker of the house of representatives; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 7 members appointed by the governor who shall have experience and expertise in youth sports. Members of the working group shall not be compensated for their service.

(c) The working group shall report to the general court and the Massachusetts state athletic commission the results of its investigation and study and its recommendations, if any, together with drafts of regulations to be promulgated by the commission and legislation necessary to carry its recommendations into effect, by filing the same with the commission, the clerks of the senate and house of representatives, the joint committee on economic development and emerging technologies and the joint committee on health care financing not later than 120 days after the third public hearing conducted by the working group.

SECTION 162. The state athletic commission, in coordination with the special working group established under section 161, shall conduct a public education campaign regarding youth sports. The commission shall exercise its discretion with regard to distribution means and methods; provided, however, that said campaign shall be directed primarily toward parents, coaches, youth athletes and other members of the public. The campaign shall include, but not be limited to, the physical and mental health, personal financial and economic development impacts of youth sports. The commission shall consult with subject matter experts in the preparation of said campaign, including on the matters of single sport specialization, appropriate training and overtraining conscious of athlete age and the relationship between youth sports participation and higher education or career outcomes.

SECTION 163. The Massachusetts clean energy technology center, in consultation with the executive office of economic development, shall set benchmarks for the climatetech tax incentive program established in section 16 of chapter 23J of the General Laws. After the program has been in effect for 5 years, the center, in consultation with the executive office of economic development, shall conduct an evaluation of the program by comparing climatetech advancements in the commonwealth against those benchmarks. The center shall review progress made towards the goals of developing and expanding climatetech industry-related employment opportunities and climatetech-related economic development by supporting and stimulating research, development, innovation, manufacturing, deployment and commercialization in the climatetech sector. The center shall submit a written report to the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on telecommunications, utilities and energy, the joint committee on environment and natural resources and the joint committee on agriculture not later than December 31, 2029.

SECTION 164. (a) Upon the effective date of this act, all employees and officers of the Massachusetts Growth Capital Corporation shall be deemed employees and officers of the Massachusetts Development Finance Agency. For the purposes of this section, the Massachusetts Growth Capital Corporation shall be the transferor agency and the Massachusetts Development Finance Agency shall be the transferee agency.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before the transferor agency or duly begun by the transferor agency and pending before it before the effective date of this act shall continue unabated and remain in force but shall be assumed and completed by the transferee agency.

(d) All orders, findings, rules and regulations duly made and all approvals duly granted by the transferor agency that are in force immediately before the effective date of this act shall continue in force until superseded, revised, rescinded or canceled by the transferee agency.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the transferor agency, shall be transferred to the transferee agency. All duly existing contracts, leases and obligations of the transferor agency shall continue in effect and shall be assumed by the transferee agency.

(f) All powers, duties and obligations of the transferor agency pursuant to any general or special law shall remain in effect after the effective date of this act and shall become powers, duties and obligations of the transferee agency.

(g) No existing right or remedy shall be lost, impaired or affected by this section.

(h) All references in any general or special law to the Massachusetts Growth Capital Corporation or an officer or employee thereof shall refer to the Massachusetts Development Finance Agency or an officer or employee thereof.

SECTION 165. Not later than 30 days after the effective date of this act, the governor shall appoint 5 new members of the board of directors of the Massachusetts Development Finance Agency, 1 of whom shall be experienced in community economic development and employed by a community development corporation or a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of a community bank in the commonwealth, 1 of whom shall be a representative of an organization of small businesses or manufacturing companies in the commonwealth, 1 of whom shall be experienced in small business financing or restructuring and 1 of whom shall be a small business owner.

SECTION 166. (a) Notwithstanding any general or special law to the contrary, a certain parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the city of Boston shall be removed from and not be considered to be within the boundaries or a part of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or any other applicable law, rule or regulation to convert the parcel into a professional soccer stadium and a waterfront park. The parcel consists of approximately 43.11 acres and is located on the southeasterly side of Alford street, on the southwesterly side of Dexter street and bounded southerly by the Mystic river and is more particularly described in a deed recorded in the land court department of the Middlesex southern district registry of deeds as document number 1554521 and recorded in the Middlesex southern district registry of deeds in book 56211, page 350 and also recorded in the land court department in the Suffolk county registry of deeds as document number 786425 and recorded in the Suffolk county registry of deeds in book 47428, page 145. Site redevelopment on the parcel shall be subject to licensing in accordance with 310 C.M.R. 9 as a nonwater-dependent use.

(b) If the professional soccer stadium and waterfront park fail to be permitted and constructed within a reasonable time after the effective date of this act, as determined by the secretary of energy and environmental affairs, subsection (a) shall be void and the port area designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be restored to the parcel; provided, however, that such determination of a reasonable time period shall not be made earlier than 5 years after the effective date of this act.

Nothing in this section shall exempt or alter the site’s obligations under chapter 91 of the General Laws or 310 C.M.R. 9 beyond designated port area-related use restrictions.

(c) The department of environmental protection, in consultation with the office of coastal zone management, shall: (i) complete a review of existing designated port area criteria and use restrictions; and (ii) update relevant regulations based on the results of the review; provided, however, that updates to regulations shall include, but not be limited to: (A) the protection of traditional maritime industrial activities; (B) the addition of allowable uses consistent with future maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating working port easements to purchase development rights from landowners in designated port areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure, including conversion from 1 designated port area use to another designated port area use; (G) consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new and adjacent areas that could be added to designated port areas to reduce net loss of acreage.

(d) Except for any boundary adjustments provided for in subsection (a), there shall be no boundary adjustments to designated port areas until the review required in subsection (c) is completed; provided, however, that the department and the office shall complete the review not later than January 1, 2025; and provided further, that the department and the office may continue to conduct boundary reviews.

(e) The commonwealth, having previously transferred control to and taken on the behalf of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state highway location, layout no. 5242, dated September 11, 1962, and shown as Parcel No. 8 in an order of taking recorded with layout no. 5242 in the Suffolk county registry of deeds in book 7681, page 307, as shown on the plan filed therewith, and also shown as parcel 0201831001 on the city of Boston assessors’ maps, shall transfer, remise and release to the city of Boston any interest the commonwealth may have in such parcel.

SECTION 167. Notwithstanding any general or special law to the contrary, the unexpended and unencumbered balances of the bond-funded authorizations in the following accounts shall cease to be available for expenditure 180 days after the effective date of this act: 7002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020, 7002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035, 7002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055, 7002-8065.

SECTION 168. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon request of 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, $2,044,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” 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, 2059. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds issued under this section and interest thereon shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 169. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2C, the state treasurer shall, upon request of 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 $400,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership ,” 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, 2064. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds issued under this section and interest thereon shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 170. Subsection (gg) of section 6 of chapter 62 of the General Laws and section 38RR of chapter 63 of the General Laws shall apply to taxable years beginning on or after January 1 of the first year following the effective date of this act which follows a fiscal year that closes with a consolidated net surplus of not less than $400,000,000 pursuant to section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after the comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of said chapter 29, the commissioner of revenue shall certify to the secretary of administration and finance whether said subsection (gg) of said section 6 of said chapter 62 and said section 38RR of said chapter 63 shall take effect pursuant to this section; provided, however, that no such certification shall be required in any year after the first year in which said subsection (gg) of said section 6 of said chapter 62 and said section 38RR of said chapter 63 take effect. 

 SECTION 171. Subsection (gg) of section 6 of chapter 62 of the General Laws is hereby repealed.

SECTION 172. Section 38RR of chapter 63 of the General Laws is hereby repealed.

SECTION 173. Sections 171 and 172 shall take effect on January 1 of the sixth tax year following the effective date of subsection (gg) of section 6 of chapter 62 of the General Laws and section 38RR of chapter 63 of the General Laws as determined pursuant to section 170.

SECTION 174. Sections 84, 108 and 132, subsections (ee) and (ff) of section 6 of chapter 62 of the General Laws and sections 38OO to 38QQ, inclusive, of chapter 63 of the General Laws shall apply to tax years beginning on or after January 1, 2024.