SENATE DOCKET, NO. 2092        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 816

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joanne M. Comerford

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act committing to higher education the resources to insure a strong and healthy public higher education system.

_______________

PETITION OF:

SENATE DOCKET, NO. 2092        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 816

The Commonwealth of Massachusetts

_______________

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

_______________

An Act committing to higher education the resources to insure a strong and healthy public higher education system.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

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

Section 15A. It is the intention of the general court to assure fair and adequate funding for the commonwealth’s public institutions of higher education.  Notwithstanding section 15B or any other general or special law to the contrary, the annual budget request for the public institutions of higher education shall be determined by the board of higher education and the secretary under this section for the University of Massachusetts, the state university system, the community college system, and needs-based financial assistance administered by the council under section 9B; provided, that in order to achieve equity for students and workers, the council shall allocate state appropriations to individual public colleges and universities in a manner which: (i) establishes scholarship funding in accordance with section 1 of this act; (ii) emphasizes full-time over part-time employment and fair wages and benefits for adjunct faculty and staff; (iii) realigns resources toward teaching, research, and student supports; (iv) enhances the ability of colleges to provide support for students by providing an additional $2,000 per eligible student to fund supports services to improve outcomes for the most vulnerable students, which may include, but shall not be limited to, low-income, first-generation, minority, and disabled students and lesbian, gay, bisexual, transgender, queer and questioning students; (v) supports the full curricular offerings and research endeavors appropriate to each institution; (vi) provides up-to-date technology and other resources for student learning; and (vii) prioritizes public operation of our public campuses over privatization; provided further, that the council shall annually report the details of the funding distribution to the governor and to the house and senate committees on ways and means and the joint committee on higher education; and provided further, that notwithstanding section 7H of chapter 29 of the General Laws or any other general or special law to the contrary, the governor shall submit to the general court annually a request for an appropriation based on the recommendations of the Public Higher Education Wage Equity and Working Conditions Commission, as created in Chapter ___ of the Acts of 2023.

SECTION 2. Chapter 15A of the General Laws is hereby further amended by inserting, after section 45, the following section:-

Section 46. Green and Healthy Public College and University Building Planning Commission

(a) There shall be a Green and Healthy Public College and University Building Planning Commission, which shall consist of: the commissioner of higher education, who shall serve as chair, or a designee; the commissioner of public health, who shall serve as vice chair, or a designee; the secretary of energy and environmental affairs, who shall serve as vice chair, or a designee; the speaker of the house of representatives, or a designee; the president of the senate, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the senate, or a designee; the chairs of the joint committee on ways and means, or their designees; the chairs of the joint committee on higher education, or their designees; the president of the university of Massachusetts, or a designee; the executive director of the Massachusetts Association of Community Colleges, or a designee; the executive officer of the Massachusetts State University Council of Presidents, or a designee; 4 representatives of the Massachusetts Teachers Association, 1 of whom shall be employed by the university of Massachusetts, 1 of whom shall be employed by a state university, and 1 of whom shall be employed by a community college; a representative of the American Federation of Teachers, Massachusetts; a representative of the American Institute of Architects-Massachusetts; a representative of the Massachusetts State Building Trades Council; a representative of the Massachusetts Coalition for Occupational Safety and Health; and a representative of the Massachusetts Department of Higher Education’s Student Advisory Council. 

(b) The commission shall assess and make recommendations for public higher education buildings relative to energy efficiency, spatial adequacy, life safety, accessibility, indoor environmental quality and public health. The commission shall be established not less than every 10 years to monitor the implementation of its recommendations, and to conduct a new assessment if determined to be necessary by the commission.

(c) The commission shall determine the means of conducting its work, which shall include, but not be limited to:

(1) assessing the extent to which public higher education buildings in the commonwealth provide students a healthy environment that is conducive to learning while efficiently using energy and resources and limiting exposure to toxic building materials, referred to in this section as “green and healthy public higher education buildings”. Factors to be considered shall include, but not be limited to: (i) protection against infectious disease, including COVID-19 and influenza; (ii) sufficient ventilation and air circulation, including adequate outdoor air exchange, filtration and circulation; (iii) healthy indoor air quality, including limits on pollutants, exposure to toxic substances, chemical emissions and vapor intrusion; (iv) adequate availability of clean and safe water; (v) appropriate thermal comfort, humidity and temperature controls; (vi) protections against pests with effective use of integrated pest management; (vii) limits on pollutants, dust, mold and allergens; (viii) appropriate artificial lighting and plentiful natural light; (ix) proper acoustic and noise control; (x) proper maintenance of mechanical systems; (xi) design that promotes physical activity and meets accessibility standards; (xii) opportunities to increase energy efficiency and efficient use of resources including low-flow fixtures; (xiii) opportunities to shift to fossil-free fuels; (xiv) proper access to greenspace; and (xv) opportunities for architectural design to enhance occupant safety. The assessment may rely on existing data or be objectively measured. The assessment shall include a public searchable online dashboard with the findings for all public higher education buildings in the commonwealth; and

(2) developing standards for green and healthy public higher education buildings.

(d) Members of the commission shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of higher education shall furnish reasonable staff and other support for the work of the commission.

SECTION 3. Section 16 of Chapter 15A is hereby amended by inserting after the eleventh paragraph the following paragraphs:

There shall be a debt free college scholarship program that creates a path for debt free college completion for all students, which shall include reasonable contributions from students and families. This program shall support pathways for lifelong learning, shall provide support to students enrolled in Massachusetts institutions of public higher education to earn professional or vocational certifications, associate, or baccalaureate degrees, and shall be administered without bias or undue burden whether students choose to directly enroll to earn four-year degrees or earn stackable certificates and degrees over time. 

The program shall meet the following criteria:

(1) the department shall identify the full cost of attendance, including tuition, fees and living expenses, which include but are not limited to food and housing. Other costs to consider include childcare and transportation costs;

(2) the department shall require the student to make a reasonable contribution towards the full cost of attendance. This contribution may include Pell grants, existing institutional financial aid, a reasonable family contribution, and earnings from a reasonable amount of work. The calculation of reasonable family contribution shall address issues associated with the current calculation of Expected Family Contribution and shall examine individual circumstances; and

(3) the department shall provide state financial aid to fill the gap between resources available to students, as described in paragraph (2), and the total cost of attendance, which shall include living expenses. State financial aid shall be sufficient to cover the cost of achieving up to a 4-year degree at a Massachusetts public higher education institution for in-state students of any age. Part-time students, those pursuing workforce training or vocational certificate degrees, and adults re-entering higher education also shall be eligible. Undocumented in-state residents shall be eligible to participate in the program, shall be charged in-state tuition, and shall be eligible for all other program benefits. If alternative processes are required to determine the financial needs of these students, the department shall develop such processes. The department shall also provide a path for debt free college for incarcerated students.

SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following 3 sections:-

Section 2RRRRR. Public College and University Capital Debt Relief Fund

(a) There shall be a separate fund, to be administered by the board of higher education, which shall be known as the Public College and University Capital Debt Relief Fund. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, to provide financial relief for debt service associated with capital construction projects at commonwealth institutions of public higher education, as defined in section 5 of chapter 15A; provided, however, that, students shall not be charged fees for that portion of the debt service paid out of the fund. The board of higher education, in consultation with the trustees of the university of Massachusetts, shall determine the amounts to be allocated to each public higher education institution to cover debt service obligations; and provided further, that funds allocated from this reserve shall only be used to cover said debt service obligations and that public higher education institutions shall invest funds made available by relieving debt service obligations for hiring full-time faculty and staff, providing pay increases or other benefits for adjunct faculty, and in other student success programs including, but not limited to, additional supports for low-income students and students of color, using methods that improve the college experience and graduation rates.

Section 2SSSSS. Green and Healthy Public College and University Building Fund

(a) There shall be a separate fund, to be administered by the board of higher education, which shall be known as the Green and Healthy Public College and University Building Fund. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, to fund and implement the recommendations of the Green and Healthy Public College and University Building Planning Commission, established in section 46 of chapter 15A, for the renovation and rehabilitation of existing buildings and new building construction to meet the recommended green and healthy public higher education buildings standards. 

Section 2TTTTT. Public Higher Education Wage Equity and Working Conditions Fund

(a) There shall be a separate fund, to be administered by the board of higher education, which shall be known as the Public Higher Education Wage Equity and Working Conditions Fund. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, to fund and implement the recommendations of the Public Higher Education Wage Equity and Working Conditions Commission established by this section.

SECTION 5. Section 6 of said chapter 29 is hereby amended by adding the following paragraph:-

The operating budget in the current and ensuing fiscal years shall include the appropriation necessary to fund all incremental cost items for all years covered by any collective bargaining agreement to which either the board of trustees of the university of Massachusetts or the board of higher education is a party, separate and apart from any appropriation for the general maintenance of the university or public institutions of higher education where the board of higher education is the employer for purposes of collective bargaining under chapter 150E, excluding grant funded and auxiliary enterprises accounts funded positions.

SECTION 6. Chapter 32 of the General Laws is hereby amended by adding the following section:-

Section 106. For purposes of this chapter and notwithstanding this chapter or any other general or special law, rule or regulation to the contrary, any employee who teaches the equivalent of at least 2 three-credit courses per semester or 4 three-or-more credit courses per calendar year at 1 or more of the public institutions of higher education, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, or any staff working at 1 or more public institutions of higher education whose cumulative weekly hours worked at all campuses, including hours teaching courses if applicable, is half-time or more for two or more semesters per calendar year, shall be considered an employee eligible for membership in the state employees’ retirement system and shall earn creditable service for such time and shall be regarded as regular compensation and shall be included in the salary on which deductions are to be paid to the annuity savings fund and the board shall credit as at least one-half year of service, actual service teaching at 1 or more public institutions of higher education the equivalent of at least 4 three-credit courses per calendar year;  provided further, however, that said faculty and staff shall be eligible for the optional retirement system established in section 40 of chapter 15A.

SECTION 7. (a) There shall be a Public Higher Education Wage Equity and Working Conditions Commission, which shall consist of the following: the secretary of administration and finance, who shall serve as co-chair, or a designee; the commissioner of higher education, who shall serve as co-chair, or a designee; the speaker of the house of representatives, or a designee; the president of the senate, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the senate, or a designee; the chairs of the joint committee on ways and means, or their designees; the chairs of the joint committee on higher education, or their designees; the president of the university of Massachusetts, or a designee; the executive director of the Massachusetts Association of Community Colleges, or a designee; the executive officer of the Massachusetts State University Council of Presidents, or a designee; 3 representatives of the Massachusetts Teachers Association, 1 of whom shall be employed by the university of Massachusetts, 1 of whom shall be employed by a state university, and 1 of whom shall be employed by a community college; a representative of the American Federation of Teachers, Massachusetts; a representative of the Massachusetts AFL-CIO; a representative of AFSCME Council 93; the student member of the board of higher education; a representative of the Massachusetts Association of Teachers of Speakers of Other Languages; a representative of the Graduate Employee Organization; and a representative of the Massachusetts Education Justice Alliance.

(b) The commission shall determine the means of conducting its work, which shall include, but not be limited to: (1) assessing the salaries and working conditions of employees of private institutions of higher education in the commonwealth, as well as employees of public higher education institutions nationwide, and making recommendations to ensure that commonwealth public higher education employee salaries and benefits are at least commensurate with those other employees; (2) identifying programs, services and salaries that shall help to recruit and retain high quality faculty and staff at institutions of public higher education with a focus on prioritizing the recruitment and retention of a racially, culturally, ethnically and linguistically diverse workforce; (3) ensuring that there are sufficient full-time faculty and staff to provide reasonable workloads so educators can provide all students with the support they need to thrive; (4) identifying programs and methods to enhance faculty and staff professional development including, but not limited to, creating improved employee tuition waiver benefits for faculty and staff who enroll in institutions of public higher education; (5) performing an analysis looking at equity by race, gender, and other non-dominant identities, in all faculty and staff positions, by examining all wages and benefits and inequities that arise for any other reason; (6) recommend a base salary for faculty that would allow faculty to support themselves and their families without being required to teach additional courses beyond a full course load; (7) recommend a base salary for professional and classified staff salaries to the salaries that would allow them to support themselves and their families; and (8) recommend a base salary for adjunct faculty that would allow faculty to support themselves and their families without being required to teach additional courses beyond a full course load, including the cost of health insurance and retirement security.

The Commission shall issue budgetary recommendations and submit legislation to implement their findings not later than December 31, 2023. The commission should be made up of representatives from student groups, campus administrations, unions representing campus faculty and staff, equity focused community groups and designees from the House, Senate, and the executive offices of administration and finance and education.

SECTION 8. For the fiscal years 2024 through 2028, inclusive, no tuition or fees shall increase for students enrolled at commonwealth public institution of higher education in any fiscal year where the appropriation for public institutions of higher education is at least the amount requested by the council, as provided in section 15A of chapter 15A of the General Laws.

SECTION 9. Notwithstanding section 8 of chapter 32A of the General Laws or any other general or special law to the contrary, the cost of fringe benefits, including, but not limited to, the cost of pensions and health insurance, associated with employees of a public institution of higher education as defined in section 5 of chapter 15A, shall be the obligation of the commonwealth, excluding grant funded and auxiliary enterprises accounts funded positions.

SECTION 10. Notwithstanding any general or special law, rule or regulation to the contrary, after January 1, 2023, the costs associated with the construction of an academic, administrative or auxiliary building at a commonwealth institution of public higher education, as defined in section 5 of chapter 15A of the General Laws, shall be paid in full by the commonwealth from state funds or eligible federal funds and shall not be paid for with any public higher education institutional funds or financed through public building authorities or private entities; provided, however, that the costs associated with the assessment, upgrade or repair of any existing academic, administrative or auxiliary building at an institution of public higher education that is under the control and supervision of the department of capital asset management and maintenance shall be paid in full by the commonwealth.

SECTION 11. The Green and Healthy Public College and University Building Planning Commission, as established in section 46 of chapter 15A of the General Laws, shall create and recommend a plan for all existing and new public higher education buildings to equitably meet the standards for green and healthy public higher education buildings developed pursuant to paragraph (c) of section 46 of said chapter 15A, by 2035. The commission shall issue recommendations, including an analysis that summarizes the findings of its assessment of public higher education buildings in the commonwealth, for implementing green and healthy public higher education buildings standards for cost-effective renovation and rehabilitation of existing buildings and for new building construction, and a plan for implementing these standards for all public higher education buildings, by 2035. The recommendations shall prioritize addressing buildings with the greatest needs first. The recommendations shall consider the unique environmental conditions of buildings located in urban, industrial, and other areas facing particular site challenges and shall consider the need to address historic patterns of injustice and inequity in public higher education. The recommendations shall estimate the cost of bringing all buildings into compliance with the standards by 2035, including the ongoing cost of maintenance and repair, and recommend a plan to fund these costs, and shall also compare those costs with long-term savings in health and medical costs, energy costs, maintenance, life cycle assessment and other savings, and the growth in economic activity of bringing buildings to the standards, including increased jobs and job training. The first plan of the commission shall be published and submitted to the joint committee on ways and means and the joint committee on higher education not later than December 31, 2024. Prior to completing its assessment and issuing its recommendations, the commission shall conduct public hearings at every commonwealth institution of public higher education and shall consult with employee organizations, as defined in chapter 150E, representing employees at each institution of public higher education.

SECTION 12. The department of higher education shall implement the debt free program outlined in Section 3 of this Act for all students at community colleges in fiscal year 2024 and for all students at four-year Massachusetts public higher education institutions in fiscal year 2025.

SECTION 13. (a) Notwithstanding any general or special law to the contrary, the board of higher education shall establish a 5-year funding schedule, beginning in fiscal year 2024, to provide the level of funding needed to implement all provisions of this Act; to assure fair and adequate funding for the commonwealth public institutions of higher education, which shall include needs-based financial assistance developed under section 15B of chapter 15A of the General Laws; and shall be adjusted to recognize the fixed costs of those institutions. Notwithstanding any general or special law to the contrary, the budget request to the secretary of administration and finance for the system of institutions of public higher education and needs-based financial assistance developed under said section 15B shall be not less than the amount determined by said schedule. The council shall submit its annual budget request to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on higher education. 

(b) Notwithstanding section 7H of chapter 29 of the General Laws or any other general or special law to the contrary, effective for fiscal years starting in fiscal year 2024, the governor shall submit to the general court annually a request for an appropriation that complies with the funding requirements of this section and section 15A of chapter 15A of the General Laws. Said appropriation request shall not propose any direct or indirect reductions in any other state appropriation including, but not limited to, collective bargaining agreements under chapter 150E, scholarships and need-based financial assistance authorized by said chapter 15A.