Bill H.4912

FILED ON: 12/19/2025

HOUSE . . . . . . . . . . . . . . . No. 4912

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act improving accessibility in the creative economy.

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 6 Section 186 of the General Laws is hereby amended by adding the following section: -

Section 1 (a). There shall be established and set up on the books of the Commonwealth a separate fund, upon passage of this legislation, to be known as the Accessibility in the Creative Economy (ACE) grant program, to be administered by the Office on Disability for the purposes of supporting capital improvements and projects to improve programmatic access and remove

barriers encountered by persons with disabilities in applicant for-profit, non-profit and public organizations throughout the Commonwealth that are part of the arts, humanities and interpretive sciences sector.

(b) The fund shall be held in trust by the Office on Disability exclusively for the purposes established in section (a). The fund shall be administered by the Office on Disability, which will serve as treasurer and custodian of the fund and shall have the custody of its monies and securities, in consultation with the ACE Commission established in section (c). As custodian of

the fund, the Office on Disability may accept monetary donations to the fund from individuals, organizations, associations, non-profits, businesses, estates, foundations or other entities. In addition to the funds referenced above, the fund shall also include: (i) revenue from appropriations or other money authorized by the general court and specifically designated to the fund; and (ii) all other monies credited to or transferred to the fund from any other fund or source. The Office on Disability shall seek to maximize fund revenues through federal monies, matching funds and grants. The comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall be available for expenditure, without further appropriation, by the Office on Disability, and any money remaining in the fund shall not revert to the general fund and may be used in subsequent fiscal years for investments including, but not limited to, supporting capital improvements and projects to improve programmatic access and remove barriers encountered by persons with disabilities in applicant for-profit, non-profit and public arts, humanities and interpretive science organizations throughout the Commonwealth.

(c) Notwithstanding any general or special law to the contrary, the Office on Disability shall establish a pilot program for gateway cities and rural communities that are currently seeking to improve access to the arts and cultural economy. This program shall be called the Accessibility in the Creative Economy (ACE) Pilot Program.

(d)There shall be established a new commission to be known as the ACE Commission consisting of a majority of individuals with disabilities and individuals with experience advocating on behalf of individuals with disabilities. The board shall

consist of 3 persons appointed by the Governor; 2 persons appointed by the Speaker of the House of Representatives; 1 person appointed by the minority leader of the House of Representatives; 2 persons appointed by the Senate President; 1 person appointed by the minority leader of the State Senate; the Director of the Office on Disability or a designee; the Managing Director of Open Door Arts or a designee; 1 person from the Disability Law Center; and the Executive Director of Mass Cultural Council or a designee.

(e) The ACE Commission shall make recommendations to the Office on Disability on the criteria for making grants available to communities and organizations. Eligible uses shall include, but not be limited to: (i) training or comprehensive support for for-profit, non-profit and public organizations providing creative services; (ii) individualized consulting services related to improving accessibility that are created and led by members of the disabilities community; (iii) capital improvements specifically dedicated to improving access or removing barriers encountered by persons with disabilities in applicant facilities, including but not limited to increasing both physical and programmatic access through the addition of features such as ramps, elevators, power lifts and limited use/limited application elevators (LULAs), signage, Assistive Listening Systems, curb cuts, adult changing tables, or any other features that are designed to improve architectural access or programmatic access; (iv) planning for updating or creating a self-evaluation or transition plan as required under the Administrative Requirements of Title II of the ADA and section 504 of the Rehabilitation Act and recommended under Title III of the ADA; and (v) in selecting applicant organizations for capital improvements or programmatic projects, the ACE Commission shall award funding to organizations that are located or conduct

the majority of their business in the Commonwealth. Grants will be awarded on a competitive basis to projects that demonstrate real and tangible positive impacts to persons with disabilities. The distribution of grants from the fund shall consider racial diversity and equity, geographic diversity, and programmatic diversity within the cultural sector.

(f) The ACE Commission shall submit an annual report to the Director of the Office on Disability, the House and Senate Committees on Ways and Means, the Joint Committee on Tourism, Arts and Cultural Development, and the Joint Committee on Children, Families and Persons with Disabilities no later than December 31 detailing the expenditure of the funds, including the

amount of assistance provided to qualified organizations and a list of grant recipients. Said report shall also include the unexpended balance of the fund. This report shall be considered a public record.

(g) The ACE Commission shall be established no later than December 1, 2026.