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 section 2 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 section 2 shall be made available until June 30, 2036.
SECTION 2.
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-8079 For a capital grant program to be administered by the executive office of economic development to provide grants 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 in section 2 of chapter 23G of the General Laws, or any other appropriate quasi-governmental agency; and provided further, that grants shall be awarded in a manner that promotes geographic equity...………………………………………………………………………….…$25,000,000
7002-8080 For the executive office of economic development to make grants to support the development and application of artificial intelligence technologies in strategically important sectors of the state’s economy including, but not limited to, life sciences, healthcare, advanced manufacturing, climatetech, quantum, defense technology, transportation and robotics; provided that grants may be made from this item to public entities, non-profit entities and private businesses; and provided further, that, at the discretion of the secretary of economic development, grant funding may be administered by the Massachusetts Technology Park Corporation, the Massachusetts Life Sciences Center, the Massachusetts Technology Development Corporation, or the Massachusetts Clean Energy Technology Center.....................................................................................................................$75,000,000
7002-8081 For the executive office of economic development to provide capital grants to support the construction, fit-out, and improvement of 1 or more sites where early stage and high growth business ventures are encouraged to establish operations in the commonwealth; provided that the executive office may contract with the Massachusetts Development Finance Agency, or other state authority as defined in section 1 of chapter 29 of the General Laws, to administer the grants or other financial assistance from this line item; and provided further, that grants shall be awarded in a manner that promotes geographic equity…….……..$20,000,000
7002-8082 For the executive office of economic development for investments in capital assets or public infrastructure that promote economic growth, job creation, and talent recruitment and retention in the defense sector, including to support innovation in defense related technologies such as artificial intelligence, cybersecurity, robotics and autonomous systems, semiconductors and microelectronics, biosecurity, and advanced manufacturing; provided that grants from this line item may be made to public and private entities as determined by the executive office; and provided further that, at the discretion of the secretary of economic development, grant funding may be administered by the Massachusetts Technology Park Corporation, the Massachusetts Life Sciences Center, the Massachusetts Technology Development Corporation, the Massachusetts Development Finance Agency, and the Massachusetts Clean Energy Technology Center.…………………………….….$100,000,000
7002-8083 For the executive office of economic development to provide capital grants to support food science, agricultural enterprises, locally-sourced seafood and shellfish, resilient and sustainable food innovation, food and agricultural technology, and related sectors; provided that the executive office may contract with the Massachusetts Development Finance Agency, or other state authority as defined in section 1 of chapter 29 of the General Laws, to administer the grants from this item; provided further, that the department of agricultural resources shall establish a micro-grant tier within the food security infrastructure program for commercial working farms operating on less than 100 acres; provided further, that said tier shall utilize an expedited, low-barrier application and compliance process designed for family-owned and generational agricultural operations to secure capital for climate adaptive upgrades, including advanced drip irrigation, soil-erosion controls and crop canopy protection; and provided further, that grants shall be awarded in a manner that promotes geographic equity……………………………………………………………………….…..$10,000,000
7002-8084 For a competitive program to be administered by the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to provide capital grants 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 nonprofit entities, public or private universities or private business entities..................................................................................................................$25,000,000
7002-8085 For a grant program 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 Massachusetts, including, but not limited to, support for the vitality, activation, improvement and competitiveness of downtowns, main streets, business districts, town centers, commercial corridors, cultural districts and other walkable mixed-use areas; provided that the executive office of economic development shall establish program requirements through regulations or policy guidelines; provided further, that not less than $200,000 shall be expended to the 2027 Boston Calling Music Festival for the purpose of added security to be held at the Harvard Athletic Complex in the Allston section of the city of Boston; and provided further, that grants shall be awarded in a manner that promotes geographic equity…………………......$25,000,000
7002-8086 For the executive office of economic development to provide capital grants to enhance the arts, culture and the creative economy in Massachusetts, including but not limited to grants to cities and towns for public realm and streetscape improvements that enhance downtown vibrancy, rehabilitation of historic districts, wayfinding and signage to support cultural institutions, improvements to public gathering and performance spaces, and permanent public art installations; provided that the executive office may contract with the Massachusetts Development Finance Agency, the Massachusetts Cultural Council or other state authority as defined in section 1 of chapter 29 of the General Laws, to administer the grants from this item; and provided further, that grants shall be awarded in a manner that promotes geographic equity………….………..……..$25,000,000
7002-8087 For local economic development grants; provided, that not less than $750,000 shall be expended to the city of Gloucester for upgrades, repairs or improvements to facilities on the Jodrey State Fish Pier in the city of Gloucester; provided further, that not less than $95,000 shall be expended to the town of Boxford for the purchase of a department of public works dump truck to replace an essential vehicle to ensure safe and reliable road maintenance; provided further, that not less than $1,000,000 shall be expended to Revolutionary Spaces, Inc. for construction planning, capital projects and deferred maintenance at the Old State House and Old South Meeting House; provided further, that not less than $500,000 shall be expended for an independent study to evaluate the cumulative economic impacts of changes associated with the route 2 Concord rotary improvements and the redevelopment of the former Massachusetts correctional institution property; provided further, that not less than $350,000 shall be expended to the Shrewsbury Development Corporation for the acquisition of blighted, underutilized or tax-foreclosed properties within the town of Shrewsbury; provided further, that not less than $500,000 shall be expended to the city of Holyoke to support the feasibility, design and early construction of anaerobic digesters at the wastewater treatment plant; provided further, that not less than $500,000 shall be expended to the city of Holyoke to develop a master plan for the city's flood control system; provided further, that not less than $500,000 shall be expended to Helfrich Bros. Boiler Works, Inc. for the investment of advanced machinery specifically designed for the manufacturing of greentech products; provided further, that not less than $250,000 shall be expended to the city of Lawrence for the design, engineering, replacement and reconstruction of the apparatus bay floor and related infrastructure improvements at the South Lawrence fire station located at 71 South Broadway; provided further, that not less than $150,000 shall be expended to the town of Andover for signalization improvements at the Essex street railroad crossing; provided further, that not less than $500,000 shall be expended to the town of Acton for improvements to NARA park in the town of Acton; provided further, that not less than $50,000 shall be expended to the town of Andover for any costs related to construction of a pump track at recreation park; provided further, that not less than $500,000 shall be expended to the Holyoke Redevelopment Authority for land assembly, site improvements, public infrastructure and other redevelopment activities associated with mixed-use development, affordable and market-rate housing projects in its urban renewal plan on Newton street and High street; provided further, that not less than $275,000 shall be expended to the city of Newburyport for the final design, bidding and construction of the Market Landing park visitor center and restroom facility; provided further, that not less than $250,000 shall be expended to the Southcoast LGBTQ Network, Inc. to complete construction on an LGBTQ+ Community Center in the city of New Bedford; provided further, that not less than $250,000 shall be expended to The Gateway Project nonprofit in the city of New Bedford for the purpose of establishing a land bank to identify and hold parcels of land that shall be developed into climate conscious buildings for community-based projects and services; provided further, that not less than $250,000 shall be expended to The Gateway Project, Inc. in the city of New Bedford for the purposes of conducting a neighborhood revitalization study to assess the viability of climate-conscious and energy-efficient renovations to buildings in downtown New Bedford; provided further, that not less than $50,000 shall be expended to the town of Avon for food pantries; provided further, that not less than $50,000 shall be expended to the town of Canton for food pantries; provided further, that not less than $50,000 shall be expended to the town of Stoughton for food pantries; provided further, that not less than $100,000 shall be expended to the Wilbraham Nature and Cultural Center, Inc. for sidewalk, roadway and gazebo repairs and upgrades to Fountain park in the town of Wilbraham; provided further, that not less than $50,000 shall be expended to the city known as the town of East Longmeadow for the preservation, repair, maintenance and enhancement of the veterans’ memorial in the city known as the town of East Longmeadow, to be administered in consultation with the East Longmeadow Veterans Memorial Committee; provided further, that not less than $50,000 shall be expended to the town of Monson for interior repairs and renovations, including the reading room and foyer, at the Monson Free library; provided further, that not less than $300,000 shall be expended to the city of Springfield for parking lot restoration at the Springfield Technology Park, in support of the Springfield Technology Park and the Western Massachusetts quantum project; provided further, that not less than $600,000 shall be expended to the town of Wilbraham to construct a new sidewalk on Stony Hill road from Wilbraham commons to the intersection of Boston road; provided further, that not less than $250,000 shall be expended to Northern Essex Community College to establish an artificial intelligence workforce navigator and apprenticeship innovation pilot program to expand access to registered apprenticeship programs and careers in high-demand industries; provided further, that not less than $100,000 shall be expended to the town of Sutton for the renovation of the facilities and infrastructure at Marion's camp; provided further, that not less than $20,000 shall be expended to the town of Brimfield to purchase and install a military memorial on the Brimfield town common; provided further, that not less than $250,000 shall be expended to the Revere and Son Heritage Trust Corporation for the museum at the Paul Revere Heritage Site in the town of Canton; provided further, that not less than $200,000 shall be expended to the Coonamessett Farm Foundation, Inc. for a pilot program to retrofit scallop fishing vessels with advanced jigging technology and LED light arrays to develop a new sustainable oceanic neon flying squid fishery; provided further, that not less than $250,000 shall be expended to the Canton Housing Authority in the town of Canton for the purposes of making improvements and revitalizing public housing stock; provided further, that not less than $150,000 shall be expended to the town of Avon for improvements to the industrial park in the town of Avon; provided further, that not less than $650,000 shall be expended to the city of Methuen for capital improvements to the central fire station located at 24 Lowell street; provided further, that not less than $100,000 shall be expended to Waters Farm Preservation, Inc. in the town of Sutton for the completion of the facilities and infrastructure at the welcome center and historic museum; provided further, that not less than $250,000 shall be expended to the Blue Hill Observatory & Science Center, Inc.; provided further, that not less than $1,000,000 shall be expended to reimburse businesses in the designated clean zone of Gillette stadium in the town of Foxborough for loss of revenue during the World Cup games held in June and July of 2026; provided further, that not less than $500,000 shall be expended to the town of Scituate for the North Scituate sewer project; provided further, that not less than $200,000 shall be expended to the Mashpee Improvement Fund Inc for the design and construction of an upper cape food hub and shared-use community kitchen to coordinate a resilient local food network; provided further, that not less than $200,000 shall be expended to the Lawrence Housing Authority for capital improvements and modernization of the Stadium courts and Hancock courts family housing developments; provided further, that not less than $100,000 shall be expended to the Methuen Housing Authority for hallway and flooring restoration; provided further, that not less than $1,000,000 shall be expended to the town of Bedford to repurpose the existing fire station headquarters building upon its vacancy in the spring of 2027; provided further, that not less than $500,000 shall be expended to the town of Burlington for the construction of multimodal transportation and connectivity improvements to improve safety, mobility and economic competitiveness along the Middlesex turnpike; provided further, that not less than $500,000 shall be expended to the International Brotherhood of Electrical Workers IBEW Local Union 96 to develop space in the city of Worcester for an economic empowerment and workforce training center; provided further, that not less than $1,000,000 shall be expended to the Massachusetts Association Minority Law Enforcement Officers for capital improvement projects to reconstruct and redevelop their headquarters located at 61 Columbia road in the Dorchester section of the city of Boston; provided further, that not less than $250,000 shall be expended to the city of Worcester, in partnership with the Seven Hills Foundation, to complete the renovation of the historic Stearns tavern for space to be used for workforce training programs for persons with disabilities, community meeting spaces, and visitor information services; provided further, that not less than $250,000 shall be expended to the Main South Community Development Corporation to develop streetscape improvements and public art installations on the Main Street and Park Avenue commercial corridors in the city of Worcester; provided further, that not less than $500,000 shall be expended to the town of Westborough for economic development projects, including a study of the route 9 corridor and the development of the Westborough community center; provided further, that not less than $300,000 shall be expended to the town of Northborough for economic development projects, including municipal communications infrastructure, municipal energy efficiency upgrades, downtown revitalization; provided further, that not less than $300,000 shall be expended to the town of Southborough for economic development projects, including downtown revitalization in the town of Southborough; provided further, that not less than $30,000 shall be expended to the town of Southborough for tricentennial celebrations and festivities; provided further, that not less than $1,000,000 shall be expended for the project of dredging the Ten Mile river; provided further, that not less than $1,000,000 shall be expended to Boston public schools for the design and construction of the Ruth Batson Academy in the Dorchester section of the city of Boston; provided further, that not less than $15,000 shall be expended to the town of Randolph for the substance misuse prevention coalition, HEY Randolph program; provided further, that not less than $150,000 shall be expended for the engineering, design, assessment and repair planning deemed necessary by the department of conservation and recreation to support the rehabilitation and eventual replacement of the Scusset beach state fishing pier located within Scusset beach state reservation in the town of Sandwich; provided further, that not less than $50,000 shall be expended to the town of Groveland for costs related to the redevelopment of the 150 Center Street property; provided further, that not less than $50,000 shall be expended to Downtown Framingham, Inc. for the Framingham Business Trade Show; provided further, that not less than $300,000 shall be expended to the town of West Newbury for the replacement of aging water mains; provided further, that not less than $150,000 shall be expended to the Bristol County Agricultural high school for expanded integrated secondary and adult agricultural workforce development initiatives; provided further, that not less than $100,000 shall be expended to the Bristol County Agricultural high school for an elementary and middle school agricultural career pathways initiative; provided further, that not less than $100,000 shall be expended to the town of Boxford for the replacement of an existing retaining wall on Main street; provided further, that not less than $150,000 shall be expended to the town of Orange’s Economic Development & Industrial Corp for the redevelopment of Butterfield school; provided further, that not less than $150,000 shall be expended to the Franklin County Community Development Corporation for their food processing center; provided further, that not less than $100,000 shall be expended to the town of Royalston for the redevelopment of the Raymond school; provided further, that not less than $100,000 shall be expended to the city of Greenfield for the redevelopment of the Green River school; provided further, that not less than $150,000 shall be expended to the town of South Hadley for the South Hadley Falls Business Improvement Program to support building façade and other property improvements; provided further, that said funds may also be used to support projects that encourage entrepreneurship, sustainability, economic growth and commercial revitalization within the South Hadley Falls Urban Renewal and Redevelopment District; provided further, that not less than $250,000 shall be expended to the city of Easthampton for the Nashawannuck Pond Boardwalk Extension project, including supporting improved pedestrian connectivity, public access, economic development, tourism and recreational opportunities; provided further, that not less than $500,000 shall be expended to the city of Easthampton for the design, engineering, permitting and construction of the Lower Mill Pond Footbridge project; provided further, that not less than $200,000 shall be expended to the city of Easthampton for public realm enhancements, pedestrian safety improvements and commercial corridor activation within the state-designated Cottage Street Cultural District; provided further, that not less than $145,000 shall be expended to the town of Hadley for a commercial corridor improvement grant program to support business along route 9 and Russell street business districts with ADA-compliant infrastructure, façade enhancements and signage upgrades; provided further, that not less than $100,000 shall be expended to the town of South Hadley for economic planning, engineering, design and commercial site readiness blueprints for the modernization of the Main street commercial pumping station corridor; provided further, that not less than $197,000 shall be expended to the Easthampton public schools for information technology infrastructure modernization, including the replacement of obsolete server hardware with a modern virtual server environment to support critical school operations, improve network reliability and cybersecurity, ensure business continuity and reduce long-term operating and energy costs; provided further, that not less than $54,085 shall be expended to the city of Easthampton for municipal Wi-Fi infrastructure improvements, including the installation and enhancement of outdoor public wireless internet access at the city hall parking lot, pond area and public pool; provided further, that not less than $1,000,000 shall be expended to the city of Watertown for the planning, design, engineering and construction of an Armenian Cultural Association of America; provided further, that not less than $500,000 shall be expended to the Fitchburg Redevelopment Authority for downtown redevelopment projects in the city of Fitchburg; provided further, that not less than $500,000 shall be expended to the city known as the town of Braintree for economic development; provided further, that not less than $500,000 shall be expended to Fitchburg State University to support the redevelopment and improvement of the theater block and enhance the IdeaLab and game design studio; provided further, that not less than $250,000 shall be expended to the town of Holbrook for economic development; provided further, that not less than $300,000 shall be expended to the Massachusetts Economic Development Foundation, Inc. to expand marketing resources for municipalities and nonprofit partners; provided further, that not less than $250,000 shall be expended to the town of Halifax for improvements to their senior center and to support programming and staff at their council on aging; provided further, that not less than $250,000 shall be expended to the town of Plympton for projects associated with improving Plympton’s downtown and municipal complex area; provided further, that not less than $200,000 shall be expended to the town of Kingston for projects associated with improving their downtown; provided further, that not less than $500,000 shall be expended to the department of higher education to continue the operation of the Education to Workforce Marketplace pilot program; provided further, that not less than $200,000 shall be expended to the Plymouth Philharmonic Orchestra Inc. to support their youth programming; provided further, that not less than $500,000 shall be expended to the city of Boston for the Homeownership Accelerator Fund pilot program to reducing financing barriers for construction projects that include income-restricted units, as well as other identified housing projects within the pilot program; provided further, that not less than $150,000 shall be expended to the town of Milton for street light improvements to the East Milton square business district; provided further, that not less than $750,000 shall be expended to the city of New Bedford, the New Bedford Port Authority or a designee for coordinated pedestrian and vehicular wayfinding signage, streetscape elements and public-realm improvements that enhance safety, accessibility and navigation at the port of New Bedford and strengthen physical and visual connections between the working waterfront, downtown New Bedford, local businesses and cultural destinations; provided further, that not less than $1,000,000 shall be expended to the town of Westport for improvements to the water and sewer utility systems along state highway route 6; provided further, that not less than $50,000 shall be expended to the metropolitan area planning council to facilitate regional coordination of municipal affordable housing trusts and a regional housing strategy; provided further, that not less than $50,000 shall be expended to the town of Scituate for the replacement of the Scituate Harbor Gazebo and related site improvements; provided further, that not less than $500,000 shall be expended to the town of Natick for economic development programming; provided further, that not less than $500,000 shall be expended to the town of Wayland for economic development programming; provided further, that not less than $125,000 shall be expended to the New Bedford Port Authority for an economic impact study of the port of New Bedford, which shall evaluate the port’s contributions to: (i) regional and statewide employment; (ii) commercial fishing; (iii) seafood processing; (iv) maritime commerce; (v) offshore wind development; (vi) tax revenues; and (vii) supply-chain activity; provided further, that the results of said study shall be made available to the executive office of economic development and the clerks of the house of representatives and the senate upon completion; provided further, that not less than $500,000 shall be expended to the city of Boston for Vision Zero intersection improvements as required for the redevelopment of the former Edison Power Station in South Boston; provided further, that not less than $1,000,000 shall be expended for competitive grants to higher education institutions to support research and development projects advancing plant-based, cell-cultured or fermentation technologies and sources to create meat and dairy analogues; provided further, that not less than $2,000,000 shall be expended to the Courageous Sailing Center for Youth, Inc. for the planning, demolition and reconstruction of Pier 5 in the Charlestown section of the city of Boston; provided further, that not less than $150,000 shall be expended to the city of for the assessment, remediation, environmental cleanup, restoration and site preparation of the Cedar Swamp area to facilitate future economic development, environmental resilience and wealth creation opportunities, including activities necessary to prepare the site for future public or private investment; provided further, that not less than $100,000 shall be expended to the town of Rockland for the Rockland Sewer Project to support infrastructure improvements necessary to advance transit-oriented housing, mixed-use development and the revitalization of the Rockland center as an economic hub; provided further, that not less than $500,000 shall be expended to the town of Lexington for the design and construction of pedestrian bicycle infrastructure and safety improvements to enhance connectivity and improve walkability to and around Lexington center; provided further, that not less than $1,000,000 shall be expended on a grant program to provide incentive funds to small businesses and municipalities to transition landscape maintenance equipment to low noise, low emissions equipment including, but not limited to, staffing, grants and administrative expenses; provided further, that not less than $100,000 shall be expended to the town of Bridgewater for traffic and pedestrian sidewalk improvements in downtown Bridgewater; provided further, that not less than $100,000 shall be expended to the town of Bridgewater to establish a downtown business façade improvement program; provided further, that not less than $100,000 shall be expended to the town of Bridgewater for water infrastructure improvements; provided further, that not less than $150,000 shall be expended to the town of Raynham for improvements to the Raynham Woods Commerce Center; provided further, that not less than $100,000 shall be expended to the town of Raynham for the development of the South street east recreational area along the Taunton river; provided further, that not less than $400,000 shall be expended to the Massachusetts Manufacturing Extension Partnership, Inc. to establish and implement a statewide advisory committee comprised of representatives from Massachusetts manufacturers, public high schools and vocational technical schools to review and evaluate the Massachusetts Career and Workplace Integrated Curriculum and identify curriculum enhancements and additional course offerings necessary to meet the current and future workforce needs of Massachusetts manufacturers; provided further, that said advisory committee shall also evaluate the integration of a manufacturing pre-apprenticeship program with the MACWIC curriculum and determine the feasibility of delivering both programs through secondary schools as a comprehensive manufacturing career pathway; provided further, that said funds shall support the development of an enhanced curriculum, implementation of pilot programs in three Massachusetts schools, evaluation of student and employer outcomes and incorporation of stakeholder feedback; provided further, that not less than $500,000 shall be expended to the Boston Caribbean American Association Inc. for developing a cultural district and center in the city of Boston in coordination with the Massachusetts Caribbean Cultural Commission; provided further, that not less than $250,000 shall be expended to the town of Hardwick for equipment purchases and upgrades at its police station; provided further, that not less than $500,000 shall be expended to the town of Tewksbury for water infrastructure improvements; provided further, that not less than $50,000 shall be expended to Field’s Corner Main Streets for community programming and services; provided further, that not less than $50,000 shall be expended to Greater Ashmont Main Streets for community programming and the annual Dorchfest; provided further, that not less than $50,000 shall be expended to Upham’s Corner Main Street for community programming and services; provided further, that not less than $500,000 shall be expended to the city of Chicopee for the provision of economic development grants and technical assistance; provided further, that not less than $250,000 shall be expended to the city of Chicopee for community playground investments; provided further, that not less than $250,000 shall be expended to the city of Malden for economic development programs and initiatives; provided further, that not less than $200,000 shall be expended to the town of Brewster for the redevelopment of the Sea Camps properties; provided further, that not less than $25,000 shall be expended to Circle of Hope, Inc. in the town of Needham for an inventory management system; provided further, that not less than $750,000 shall be expended to the town of Needham for the design and construction of improvements to Great Plain avenue; provided further, that not less than $30,000 shall be expended to the town of Needham for town website accessibility improvements; provided further, that not less than $100,000 shall be expended to the town of Natick for landscaping and safety improvements to be made to the rotary located at the intersection of North Main street and Pine street; provided further, that not less than $250,000 shall be expended to the city of Boston for a school safety data grant pilot program within the Boston public school district; provided further, that not less than $25,000 shall be expended to the town of Acton and the town of Concord for road and transportation infrastructure improvements at Kelley’s corner; provided further, that not less than $1,000,000 shall be expended to the city of Boston to upgrade its fire department fleet; provided further, that not less than $25,000 shall be provided to the Acton memorial library for the development and expansion of a children’s program room and other related expenses; provided further, that not less than $500,000 shall be expended to the city of Boston for the renovation of the central library’s McKim building in Back Bay; provided further, that not less than $250,000 shall be expended to the town of town of Clinton for projects associated with improving their downtown and economic development; provided further, that not less than $250,000 shall be expended to the city of Malden for economic development programs and initiatives; provided further, that not less than $250,000 shall be expended to the town of Berlin for projects associated with improving their downtown and economic development; provided further, that not less than $250,000 shall be expended to the town of Boylston for projects associated with improving their downtown and economic development; provided further, that not less than $250,000 shall be expended to the town of Lancaster for projects associated with improving their downtown and economic development; provided further, that not less than $250,000 shall be expended to the town of Sterling for projects associated with improving their downtown and economic development; provided further, that not less than $25,000 shall be expended to the town of Acton for firefighter turnout gear and other related expenses; provided further, that not less than $500,000 shall be expended to the New England Culinary Arts Training Center for costs associated with the new training center; provided further, that not less than $25,000 shall be expended to the town of Dover for improving accessibility at the Dover town library; provided further, that not less than $25,000 shall be expended to the town of Shirley for improving accessibility to the Shirley war memorial building; provided further, that not less than $1,000,000 shall be expended to Ascentria Care Alliance, Inc. for the dedensification at the Laurel Ridge Rehabilitation & Skilled Care Center; provided further, that not less than $25,000 shall be expended to the chamber of commerce in Malden for events and programming; provided further, that not less than $500,000 shall be expended to the city of Boston for safety improvements on Wood avenue in Hyde Park; provided further, that not less than $200,000 shall be expended to the town of Dennis for the development and implementation of a blue economy and technology curriculum for Dennis-Yarmouth high school; provided further, that not less than $20,000 shall be expended to the town of Dover for the purchase and setup of financial budgeting software; provided further, that not less than $25,000 shall be expended to the Malden festivals for additional programming and activities for the Malden farmers market; provided further, that not less than $157,000 shall be expended to the Pillar & Post Dracut Farmers Hall LLC in the town of Dracut for the installation of an elevator at the historic 1903 Dracut Grange Hall to enable accessibility for all persons; provided further, that not less than $1,000,000 shall be expended to the city of Taunton for economic development projects such as municipal energy efficiency upgrades and downtown revitalization; provided further, that not less than $729,000 shall be expended to Pillar & Post Dracut Farmers Hall LLC for renovations to the exterior of the 1903 Grange Hall building in Dracut; provided further, that not less than $250,000 shall be expended to Worcester Olympia Theater for construction and infrastructure projects; provided further, that not less than $1,000,000 shall be expended to New England Life Flight, Inc., d/b/a Boston MedFlight for critical care operations; provided further, that not less than $75,000 shall be expended to the town of Norfolk for network infrastructure upgrades; provided further, that not less than $1,000,000 shall be expended to the city of Boston for Poplar street improvements in Roslindale; provided further, that not less than $100,000 shall be expended to the town of Wrentham for improvements to Diplacido field, including turf restoration, irrigation upgrades and ADA-compliant seating; provided further, that not less than $25,000 shall be expended to the town of Dedham for light and sound abatement along the Providence highway of the Dedham mall; provided further, that not less than $10,000 shall be expended to the Malden YWCA for supportive services and programming, including but not limited to financial coaching services, financial literacy workshops, webinars and educational resources; provided further, that not less than $500,000 shall be expended to the Brookline teen center for facility upgrades consistent with the YMCA of Greater Boston merger; provided further, that not less than $100,000 shall be expended to the town of Plainville for the installation of green infrastructure and electric vehicle charging stations; provided further, that not less than $50,000 shall be expended to the town of Dedham for pest mitigation under the Harris street bridge; provided further, that not less than $250,000 shall be expended to the town of Tyngsborough for economic development; provided further, that not less than $200,000 shall be expended to the town of Dudley for formal planning and contingency work related to the town's gateway revitalization plan; provided further, that not less than $1,000,000 shall be expended to the city of Worcester for the redevelopment of Lincoln square; provided further, that not less than $50,000 shall be expended to the city of Medford for instructional and curriculum materials for students; provided further, that not less than $150,000 shall be expended to the city of Medford for stormwater management, tree planting and other park improvements at Tufts park; provided further, that not less than $100,000 shall be expended to the town of Mattapoisett for the establishment of an affordable housing trust and the development of a housing production plan; provided further, that not less than $100,000 shall be expended to the Somerville housing authority for an upgraded field at mystic river view housing in Somerville; provided further, that not less than $500,000 shall be expended to town of Belchertown for housing and related facilities at the former Belchertown state school campus; provided further, that not less than $250,000 shall be expended to the city of Lowell for the installation of seating, bus shelters and related pedestrian improvements at public transit stops throughout the city to improve accessibility, comfort and safety for transit riders; provided further, that not less than $200,000 shall be expended to the town of Southbridge for the renovation of 39 Elm street; provided further, that not less than $200,000 shall be expended to the Wendell Historical Society for the purpose of facility improvements to the Wendell History Museum; provided further, that not less than $250,000 shall be expended to the town of Rochester for planning, engineering, environmental review, permitting and preliminary design of a regional shared-use path connecting Rochester to the Marion shared-use path and advancing regional trail connectivity to support economic development, tourism and access to local businesses; provided further, that not less than $500,000 shall be expended to the city of Boston for heat pump conversion and repairs at Orchard Gardens school in the Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be expended to the Town of Belchertown for the purpose of improvements to the Belchertown cultural district; provided further, that not less than $300,000 shall be expended to the city of Lowell for the planning, design and construction of sidewalk improvements along Western avenue in the Acre neighborhood to improve pedestrian accessibility and safety, increase public access to local arts and cultural destinations, support the creative economy and local artists, and create a more welcoming and vibrant corridor for residents and visitors; provided further, that not less than $500,000 shall be expended to the town of Marion for town center revitalization and pedestrian safety improvements within the village corridor from Island wharf to Silvershell beach, including, but not limited to, sidewalk reconstruction, ADA upgrades, curb cuts, and utility pole relocation to improve connectivity between the town center, waterfront and public beach facilities and support economic activity and visitor access; provided further, that not less than $250,000 shall be expended to Hope Community Development Corporation in the city of Springfield; provided further, that not less than $500,000 shall be expended to the city of Lowell for the planning, design, renovation, expansion and capital improvements of emergency homeless shelter facilities to increase shelter capacity and improve access to safe, temporary housing for individuals and families experiencing homelessness; provided further, that not less than $500,000 shall be expended to the city of Brockton for construction of a sidewalk on Court street from the city line to the intersection with Quincy street; provided further, that not less than $500,000 shall be expended for Route 203 Safety Improvements to make Franklin park accessible with sidewalks that connect from Harvard street to Forest Hills street in the Mattapan, Dorchester and Jamacia Plain sections of the city of Boston; provided further, that not less than $80,000 shall be expended to the town of Acushnet to conduct a planning and zoning study of the downtown South Main street/Main street corridor to evaluate development potential and create a new mixed-use zoning district that supports economic development and downtown revitalization; provided further, that not less than $75,000 shall be expended to the Worcester Open Streets Program to encourage walking, biking and other forms of active transportation; provided further, that not less than $1,000,000 shall be expended to the city of Boston for renovations at South Boston high school in the South Boston section of the city of Boston; provided further, that not less than $150,000 shall be expended to Springfield Partners for Community Action, Inc.; provided further, that not less than $150,000 shall be expended to the town of Sudbury for consulting services to modify the Village Business District: increasing the area of the zoning district, amending allowed uses to reflect the contemporary economy through mixed use development along Boston Post road (route 20) from Massasoit avenue, to Fire Station No. 2; provided further, that not less than $1,000,000 shall be expended to complete phase 2 restorations at Hazelwood park in the South End section of the city of New Bedford, which shall include, but not be limited to, the creation of new playground facilities for children, construction of a community amphitheater and upgrades to the historic Congdon-Lucas House; provided further, that not less than $100,000 shall be expended to Springfield Bright Minds; provided further, that not less than $250,000 shall be expended to the town of Sandisfield for the engineering phase and associated costs of replacing the Buck river bridge, a critical public safety route serving EMS, fire services and the town's nursing home; provided further, that not less than $100,000 shall be expended to Nonprofit Center of the Berkshires Inc. for costs associated with the transition to the Commonwealth Benefits Collaborative, a statewide health insurance initiative designed to help nonprofit organizations in Massachusetts; provided further, that not less than $100,000 shall be expended to the town of Washington for urgent repairs to the roof of the historic Old Town Hall; provided further, that not less than $50,000 shall be expended to the town of Auburn for the installation of lighting and associated equipment to enhance Goddard park as a major gateway and celebration space; provided further, that not less than $10,000 shall be expended to Action for Boston Community Development, Inc. for supportive career development and financial services and programming, including but not limited to tax assistance services, financial literacy, youth internship programs, employment and job training services; provided further, that not less than $500,000 shall be expended to the town of Charlton for the engineering, design and fieldwork associated with the development of a municipal light plant for a program to improve internet service and delivery; provided further, that not less than $100,000 shall be expended to the Massachusetts Department of Transportation to produce a study regarding potential air rights over the Massachusetts Turnpike for the section that runs through the city of Newton; provided further, that not less than $250,000 shall be expended to the city of Newton for the design and construction of pedestrian and bicycle infrastructure and safety improvements to enhance connectivity and improve walkability between both sides of Washington street in Newton Corner that are divided by the Massachusetts Turnpike; provided further, that not less than $500,000 shall be expended to the New Bedford Art Museum for museum renovations; provided further, that not less than $25,000 shall be expended to the city of Newton Arts and Culture Department to assist with the creation of the West Newton Cultural District; provided further, that not less than $250,000 shall be expended for the restoration of the Strand Theatre/Cape Verdean Association in New Bedford, Inc.’s cultural center to foster the economic development and cultural exchange relationships between the city of New Bedford and Cabo Verde while providing education, arts and cultural programs for youth; provided further, that not less than $250,000 shall be expended to the Rotch-Jones-Duff House and Garden Museum in New Bedford for a wheelchair lift and accessibility improvements to the museum; provided further, that not less than $70,000 shall be expended to the town of Chelmsford for watershed assessments and studies of stormwater, culvert and drainage infrastructure needs, including but not limited to the Sandra drive and Donna road watershed area, to identify infrastructure needs related to future climate and flooding scenarios; provided further, that not less than $5,000,000 shall be expended to construct shore power at Foss New Bedford Marine Terminal to support the economic competitiveness and innovation of the maritime sector; provided further, that not less than $200,000 shall be expended to the city of Westfield for urban renewal and industrial park development; provided further, that not less than $500,000 shall be expended to the city of Malden for transportation improvement projects aimed to boost economic activity in vital neighborhoods, including commercial corridors and the downtown district; provided further, that not less than $250,000 shall be expended to the New Art Center for emergency repairs and longer-term restoration and renovation of the New Art Center building; provided further, that not less than $300,000 shall be expended to Child Care of the Berkshires, Inc.; provided further, that not less than $500,000 shall be expended to the city of Everett for the planting and maintenance of street trees; provided further, that not less than $500,000 shall be expended to the city of Everett for the construction of a floating boardwalk, creating a connection between Rivergreen park and Village Landing park; provided further, that not less than $500,000 shall be expended to the city of Everett for the construction of a boardwalk in Gateway park; provided further, that not less than $300,000 shall be expended to the Greylock Glen environmental conference center; provided further, that not less than $100,000 shall be expended to the town of Blackstone for the economic development and revitalization of Main street; provided further, that not less than $100,000 shall be expended to the town of Bellingham for the economic development and revitalization of Pulaski boulevard; provided further, that not less than $100,000 shall be expended the town of Uxbridge for the economic development and revitalization of the town center; provided further, that not less than $75,000 shall be expended to the town of Millville for the economic development and revitalization of the town center; provided further, that not less than $100,000 shall be expended to the St. Jean Baptiste project in Lynn for the construction, fit-out and improvement of commercial space, supportive services, workforce and financial skills training and coaching to residents of affordable housing; provided further, that not less than $250,000 shall be expended to the Adams Housing Authority for a fire suppression system; provided further, that not less than $350,000 shall be expended to the Northern Berkshire Community Coalition; provided further, that not less than $150,000 shall be expended to the Images Cinema in Williamstown; provided further, that not less than $250,000 shall be expended to the West Newton Cinema Foundation for restoration and renovation of the historic West Newton Cinema; provided further, that not less than $200,000 shall be expended to the town of Southampton to develop and maintain 52 acres located in the town center for economic development for mixed use commercial and affordable housing, along with developing city services within the land; provided further, that not less than $150,000 shall be expended to Williamstown Meetinghouse Preservation Fund, Inc.; provided further, that not less than $125,000 shall be expended to the city of Newton for economic development projects, including village center revitalization and foot traffic initiatives, construction remediation for small businesses, and other projects; provided further, that not less than $125,000 shall be expended to the city of Newton to support arts and culture projects and programming; provided further, that not less than $1,000,000 shall be expended to the executive office of housing and livable communities to assist with the redevelopment, renovation, and site improvements of underutilized properties in the communities of the First Berkshire representative district, as defined in section 4 of chapter 57 of the General Laws, for the purposes of providing additional housing capacity for first time homebuyers; provided further, that not less than $1,000,000 shall be expended to the city of Peabody for the acquisition and development of land and water resources belonging to the former Rousselot Peabody Inc. in Peabody; provided further, that not less than $500,000 shall be expended to the city of Boston for the Huntington avenue redesign coordination with the Massachusetts Bay Transportation Authority in the Mission Hill section of the city of Boston; provided further, that not less than $500,000 shall be expended to the town of Reading for the design and implementation of the Walkers Brook Drive Redesign Project; provided further, that not less than $500,000 shall be expended to the city of Woburn for the design and construction of a pedestrian bridge at the Anderson Regional Transportation Center; provided further, that not less than $100,000 shall be expended to the town of Dighton for the modernization efforts to the aging highway department and its equipment in the town of Dighton; provided further, that not less than $500,000 shall be expended to the Woburn Golf and Ski Authority for water delivery system improvements, including irrigation; provided further, that not less than $100,000 shall be expended to the Somerset Historical Society for repairs and improvements; provided further, that not less than $1,000,000 shall be expended to the Samuel Adams Elementary School for renovations in the East Boston section of the city of Boston; provided further, that not less than $1,000,000 shall be expended to La Colaborativa for their Economic Development Center; provided further, that not less than $250,000 shall be expended to Everett Haitian Community Center for the purchase of an office space to support economic and workforce development for Haitians; provided further, that not less than $250,000 shall be expended to the Caribbean Integration Community Development, Inc. in Mattapan for programming; provided further, that not less than $260,000 shall be expended to the town of Medfield for pipe and manhole rehabilitation construction costs; provided further, that not less than $150,000 shall be expended to the Community Economic Development Center (CEDC) of New Bedford for the Building Pathways South pre-apprenticeship program in Taunton; provided further, that not less than $300,000 shall be expended to the city of Amesbury for streetscaping and placemaking improvements in the Lower Millyard.; provided further, that not less than $100,000 shall be expended to the Brighton Main Streets, Inc. mural revitalization program; provided further, that not less than $10,000 shall be expended to the Mystic Valley YMCA for new equipment and the continued operation of the Malden YMCA Food Market; provided further, that not less than $300,000 shall be expended to the town of North Andover for planning and improvement studies downtown; provided further, that not less than $50,000 shall be expended to the Winthrop Chamber of Commerce, Inc. to support economic development, tourism promotion, small business assistance, organizational capacity building and activities associated with the development and implementation of a tourism management district; provided further, that not less than $500,000 shall be expended to the town of Middleton for the redevelopment of the old Middleton Fire Station Parcel in the heart of Middleton Square; provided further, that not less than $250,000 shall be expended to the town of Danvers for the construction of the Rail Trail Crossing on Maple street in Danvers; provided further, that not less than $500,000 shall be expended to the city of Revere for the planning, development, establishment, operation and support of a regional food hub; provided further, that not less than $50,000 shall be expended to the Revere Chamber of Commerce to support economic development, tourism promotion, small business assistance, organizational capacity building and activities associated with the development and implementation of a tourism management district; provided further, that not less than $100,000 shall be expended to the town of Marblehead for an economic growth and parking optimization plan, including economic development planning, a market and local asset assessment, and a parking analysis for the town’s business districts; provided further, that not less than $500,000 shall be expended to the town of Swampscott for the public development and redevelopment of the waterfront property formerly occupied by Hawthorne by the Sea, including planning, design, site preparation, public open-space improvements, infrastructure and related economic development purposes; provided further, that not less than $100,000 shall be expended to the town of Wayland for their United States Highway Route 20 corridor economic development plan; provided further, that not less than $100,000 shall be expended to the town of Georgetown for water and wastewater infrastructure for downtown development; provided further, that not less than $100,000 shall be expended for Mattapan/ Greater Boston Technology Learning Center, Inc. to support costs including but not limited to personnel, employee salaries and related expenses, expansion of workforce development programming, digital literacy training, youth STEM programs, and community-based technology initiatives serving residents of Roxbury, Mattapan, Dorchester, Hyde Park, and the Greater Boston area; provided further, that not less than $195,000 shall be expended for the purpose of promoting economic development and making improvements in the town of Upton; provided further, that not less than $100,000 shall be expended to the town of Hamilton for completion of renovations to the historic Town Hall, provided further, that not less than $500,000 shall be expended to the city known as the town of Winthrop to support economic development, tourism promotion, small business assistance by revitalizing historic French Square; provided further, that not less than $50,000 shall be expended to the Sports Museum of New England, Inc. for the enhancement of their Museum Boston v. Bullies program; provided further, that not less than $195,000 shall be expended for the purpose of promoting economic development and making improvements in the town of Northbridge; provided further, that not less than $100,000 shall be expended to the town of Newbury for improvements to the site of the Larkin Dam Removal Project, the Plum Island shoreline and other natural resource areas; provided further, that not less than $250,000 shall be expended to the Representative Doris Bunte Scholarship Fund, which is managed and disbursed by the Massachusetts Black and Latino Legislative Caucus; provided further, that a portion of said funds may be expended for the creation of a commemorative memorial portrait in the Massachusetts State House in honor of State Representative Doris Bunte; provided further, that the superintendent of the bureau of the state house shall, subject to the approval of the art commission for the state house, established in section 6 of chapter 20 of the General Laws, as to size and content, install and maintain a portrait in a suitable space in the Massachusetts State House; provided further, that when determining the location of such portrait, the art commission for the state house shall consult with the house committee on rules and the Massachusetts Black and Latino Legislative Caucus; provided further, that not less than $500,000 shall be expended for downtown Methuen for the restoration and adaptive re-use of the historic Edward F. Searles Estate; provided further, that not less than $500,000 shall be expended to downtown Methuen for facade improvements in historic downtown Methuen; provided further, that not less than $2,500,000 shall be expended to the city of Revere for the construction of Route 1A improvements at Tomasello way located in Revere and Boston; provided further, that not less than $500,000 shall be expended to Methuen for road, sidewalk and traffic safety improvements in the commercial corridor on Pelham street at Cross street in Methuen; provided further, that not less than $100,000 shall be expended to the town of Rowley for water infrastructure within the town to support housing and economic growth; provided further, that not less than $195,000 shall be expended for the purpose of promoting economic development and making improvements in the town of Grafton; provided further, that not less than $100,000 shall be expended to the town of Topsfield for improvements to water infrastructure in support of housing and economic growth; provided further, that not less than $300,000 shall be expended to the Keefe Regional Technical School for post-graduate grants to enable chapter 74 Career and Technical graduates, advancing in their own careers and not enrolled in higher education, for training, certification, licensure, and equipment to facilitate future economic development and wealth creation opportunities; provided further, that not less than $500,000 shall be expended to the city of Brockton to repurpose the existing Central Fire Station (Station #1) on Pleasant street building upon its vacancy; provided further, that not less than $1,000,000 shall be expended to the department of correction for the purpose of continuing and expanding its work in reducing recidivism through the deployment of technology solutions that improve case management efficiency and support successful reentry outcomes; provided further, that not less than $1,000,000 shall be expended to the city of Lawrence for improvements to Campagnone Common to support downtown revitalization efforts and to attract small businesses; provided further, that not less than $500,000 shall be expended to the city of Brockton for the support of downtown revitalization efforts.; provided further, that not less than $50,000 shall be expended to the town of Danvers for planning and infrastructure improvements to address the safe use of sidewalks, streets, rail trails, and paths in anticipation of micromobility safety measures; provided further, that not less than $100,000 shall be expended to commercial shellfish harvesters be put in reserve to mitigate the economic loss to commercial shellfish harvesters impacted by the Haverhill sewer main break in the Merrimack river in the summer of 2026; provided further, that not less than $30,000 shall be expended to the United States Capoeira Federation (USCF) Massachusetts Tournament to host teams from all over the world in Massachusetts; provided further, that not less than $1,000,000 shall be expended to the city of Lawrence to remediate and restore the Merrimack Paper Site, to utilize this space for economic development initiatives; provided further, that not less than $1,000,000 shall be expended to the town of Andover for improvement to town-owned historic buildings to support economic development initiatives in the downtown area; provided further, that not less than $400,000 shall be expended to the city of Pittsfield for the Reconnecting Communities Project to reestablish a pedestrian way that was severed during urban renewal; provided further, that not less than $500,000 shall be expended to Tufts University for the Center for Maternal Health Advancement; provided further, that not less than $1,000,000 shall be expended to the city of Pittsfield for the development of the William Stanley Business Park; provided further, that not less than $500,000 shall be expended to the city of Brockton for road work, trails, stormwater management, parking lot expansion and safety improvements at D.W. Field Park; provided further, that not less than $500,000 shall be expended to the city of Brockton for transportation, bike and walkability improvement projects aimed to boost economic activity in the downtown; provided further, that not less than $1,000,000 shall be expended to the city of Boston for renovations at Brighton High School in Brighton; provided further, that not less than $250,000 shall be expended to the town of Fairhaven for, but not limited to, planning, feasibility studies, site assessment, engineering, environmental review, surveying, infrastructure evaluation, permitting and preliminary design necessary to identify, evaluate and prepare municipally-owned and other strategic properties for commercial, industrial, mixed-use, marine-related and other economic development opportunities that support private investment, job creation and expansion of the local tax base; provided further, that not less than $25,000 shall be expended to the town of Harvard for developing an energy consortium to lower energy costs, including but not limited to creating and developing a feasibility study and constructing a solar power plant in the town of Harvard, and other related expenses; provided further, that not less than $500,000 shall be expended to the town of Tewksbury for any costs related to improving and repairing the town's sewer infrastructure; provided further, that not less than $500,000 shall be expended to the STEMatch COMPETE Program; provided further, that not less than $500,000 shall be expended to the Winchendon Redevelopment Authority to support the business and industrial park development on Route 140 in the town of Winchendon; provided further, that not less than $500,000 shall be expended to the city of Gardner to support housing development in the Rear Main Redevelopment Project in downtown Gardner; provided further, that not less than $70,000 shall be expended to the South Shore Irish Heritage Trail for investments in the physical trail and for technology to enhance digital programming; provided further, that not less than $100,000 shall be expended to the town of Ipswich for infrastructure to facilitate economic development in downtown Ipswich; provided further, that not less than $50,000 shall be expended to the town of Hull to support the investments of the Hull Beautification Committee to invite tourism into the main street economy; provided further, that not less than $300,000 shall be expended to new lights at Harris Field in the town of Belmont; provided further, that not less than $1,000,000 shall be expended to the inclusion of combined sewer overflow mitigation measures in the redevelopment of the Alewife Garage; provided further, that not less than $50,000 shall be expended to the town of Cohasset for investments in Cohasset Town Center; provided further, that not less than $125,000 shall be expended to the city of Woburn Main Street makeover grant program which includes grants for facades, awnings, and signs; provided further, that not less than $500,000 shall be expended to the city of Haverhill for upgrades to sewer treatment infrastructure in the city; provided further, that not less than $500,000 shall be expended to the city of Brockton to support programming and staff at the council on aging; provided further, that not less than $50,000 shall be expended to the Hingham Historical Society to steward investments in the Downtown Hingham Overlay District; provided further, that not less than $200,000 shall be expended to the town of Carlisle for the design and construction of Carlisle town center sidewalk infrastructure; provided further, that not less than $500,000 shall be expended to the city of Haverhill for Haverhill City Hall improvements, including but not limited to the auditorium to support arts and culture programming; provided further, that not less than $100,000 shall be expended to the city known as the town of Amherst to support fire station modernization activities including, but not limited to, fire station construction or renovation; provided further, that not less than $1,000,000 shall be expended to the city known as the town of Amherst for road repairs; provided further, that not less than $100,000 shall be expended to the planning and development of the housing authority in the town of Abington; provided further, that not less than $100,000 shall be expended to the repair and maintenance of an educational public facility located in the Strathmore Road neighborhood of the Brighton section of the city of Boston; provided further, that not less than $100,000 shall be expended to East Boston Main Streets for their work supporting local businesses and fostering vibrant main streets and business corridors in East Boston; provided further, that not less than $100,000 shall be expended to design review funding, including zoning and regulatory review, for Bradford Square in the city of Haverhill; provided further, that not less than $250,000 shall be expended to the town of Granby to support the consolidation of municipal offices in a renovated and centralized location, including the Granby Senior Center; provided further, that not less than $1,000,000 shall be expended to the town of West Springfield for the improvement of accessibility and interconnectivity of bike trail infrastructure; provided further, that not less than $100,000 shall be expended to Ancestral Bridges in the city known as the town of Amherst to support the development and execution of a marketing plan to attract visitors to the organization and to the town; provided further, that not less than $100,000 shall be expended to Ancestral Bridges in the city known as the town of Amherst to support the development and execution of a marketing plan to attract visitors to the organization and to the town; provided further, that not less than $100,000 shall be expended to Amherst Cinema in the city known as the town of Amherst to support the development of marketing infrastructure to attract visitors to the organization and to the town, including the development of a new website; provided further, that not less than $100,000 shall be expended to the Peabody Area Chamber of Commerce for expanding access to small and medium sized businesses in Peabody; provided further, that not less than $1,000,000 shall be expended to the town of Weymouth for economic development; provided further, that not less than $60,000 shall be expended to the Amherst Business Improvement District in the city known as the town of Amherst to support the first phase of construction of a performance shell on the Amherst town Common; provided further, that not less than $250,000 shall be expended to the town of Weymouth for the expansion of the adult career technology education program; provided further, that not less than $100,000 shall be expended to the Hispanic American Institute for their work, including, but not limited to, the Immigrant Business Accelerator and the Immigrant Small Business Legal and Development Initiative; provided further, that not less than $200,000 shall be expended to the Newton housing authority for capital improvements to Jackson Gardens located on Kennedy Circle and Greens street in the city of Newton; provided further, that not less than $500,000 shall be expended to the city of Revere for the expansion and improvement of Gibson Park, including the redevelopment of the former boatyard property, demolition, site preparation, public open space improvements, shoreline access enhancements and the establishment of a community boating center; provided further, that not less than $100,000 shall be expended to the North and South Rivers Watershed Association for permitting, design and construction associated with the Association’s River Center plan, including the construction of a boardwalk and dock to support environmental education, stewardship and monitoring; provided further, that not less than $100,000 shall be expended to WeReach in East Boston for their workforce development and equity programs; provided further, that not less than $250,000 shall be expended to the Irish Pastoral Centre Boston for cost associated with promoting cultural education and economic development, provided further, that not less than $30,000 shall be expended to the town of Princeton for infrastructure modernization and Per- and polyfluoroalkyl substance mitigation; provided further, that not less than $30,000 shall be expended to the renovation and rehabilitation of 10 West street in the town of Paxton for the development of a community center; provided further, that not less than $30,000 shall be expended to planning, design and implementation of activities related to the enhancement of the town of Rutland’s village center and the promotion of economic development within the town; provided further, that not less than $1,000,000 shall be expended to Harbor Place in Haverhill to support the construction, fit-out and improvement of commercial space for enhanced economic and workforce development; provided further, that not less than $250,000 shall be expended to the South Shore Irish Heritage Trail in the town of Weymouth for the extension of the trail and to promote economic development; provided further, that not less than $100,000 shall be expended to the Marshfield Chamber of Commerce for the continuation of its Open for Business promotional program to support small businesses; provided further, that not less than $100,000 shall be expended to the town of East Bridgewater for the design and implementation of a downtown improvement plan; provided further, that not less than $250,000 shall be expended to the town of East Bridgewater for the public safety building feasibility study; provided further, that not less than $1,000,000 shall be expended to an academic medical center in the city of Springfield to accelerate regional job creation and economic development in western Massachusetts, secure critical capital infrastructure, provide facility modernization and clinical capacity expansion related to the acquisition of a community hospital in said city; provided further, that not less than $95,000 shall be expended to the town of Tewksbury for the purchase of a department of public works dump truck and like vehicles to replace essential vehicles to ensure safe and reliable road maintenance; provided further, that not less than $1,500,000 shall be expended to the city of Worcester for accessibility improvements as part of the redevelopment of the Worcester Memorial Auditorium into a multipurpose, technology-forward, artificial intelligence innovation center and entertainment facility; provided further, that not less than $250,000 shall be expended to HVAC improvements at the Melrose Public Schools; provided further, that not less than $250,000 shall be expended for bathroom accessibility upgrades at Melrose City Hall; provided further, that not less than $250,000 shall be expended to the city of Melrose for interior renovations to Soldiers and Sailors Memorial Hall; provided further, that not less than $100,000 shall be expended to the town of Danvers and North Shore Community College to conduct a feasibility study on the transportation connections from the Danvers NSCC campus to Danvers Square; provided further, that not less than $250,000 shall be expended to the town of Wakefield to support economic development projects and initiatives including but not limited to those that advance the Town's efforts to support its small business community and enhance its commercial districts; provided further, that not less than $250,000 shall be expended to the town of West Bridgewater to support programming and staff at the Council on Aging; provided further, that not less than $100,000 shall be expended to the Waltham Housing Authority for capital improvements at 48 Pine St. in the city of Waltham; provided further, that not less than $60,000 shall be expended to the Western Massachusetts Economic Development Council (EDC) to support regional economic development efforts focused on food science, entrepreneurship and advanced manufacturing; provided further, that not less than $50,000 shall be expended to the town of Holden for the renovation and relocation of the fire substation; provided further, that not less than $150,000 shall be expended to the town of Wenham for its Downtown Vibrancy initiative; provided further, that not less than $250,000 shall be expended to the Iron Horse Music Hall to support economic development and tourism promotion; provided further, that not less than $100,000 shall be expended to the Waltham Housing Authority for capital improvements at 326-340 Grove St. in the city of Waltham; provided further, that not less than $200,000 shall be expended to the city of Springfield for lighting and security improvements in the North End bike path; provided further, that not less than $4,000,000 shall be expended to the city of Fall River for a parking garage to support the Davol Street/Route 79 economic development project; provided further, that not less than $1,000,000 shall be expended for a planning grant for the further development and expansion of the MWRA’s water delivery system; provided further, that not less than $250,000 shall be expended to the town of Wilmington for the design and construction of multimodal access and upgrade or replacement of roads/entrances for all transportation modes at the North Intermediate School project; provided further, that not less than $250,000 shall be expended to the town of Goshen to support economic development and tourism promotion; provided further, that not less than $500,000 shall be expended to the city of Beverly for revitalization and activation of the Bass River and Waterfront districts as mixed-use walkable areas; provided further, that not less than $500,000 shall be expended to the city of Lynn for improvements of the Seaport Landing Marina; provided further, that not less than $100,000 shall be expended to the MBTA and MassDOT to design and approvals for portions of the Grand Junction Path where right-of-way concerns have yet to be resolved in the city of Cambridge; provided further, that not less than $1,000,000 shall be expended to the city of Springfield for the planning, development, enhancement and promotion of the Indian Orchard Food & Arts Cultural District to strengthen the neighborhood as a regional destination for dining, arts, culture, entertainment, and small business growth; provided further, that the city of Springfield shall partner with the Latino Economic Development Corporation to lead and implement the initiative, including business/restaurant recruitment and retention, technical assistance, marketing and branding, placemaking, public events, façade and streetscape enhancements and other economic development activities that support the district’s long-term vitality; provided further, that not less than $100,000 shall be expended to the city of Newton for improvements to the Newton Centre Plaza outdoor gathering space including for outdoor amenities, wayfinding to direct foot traffic, streetscape and lighting improvements and other improvements to support local business activity; provided further, that not less than $250,000 shall be expended to the town of Cummington to support economic development through the redevelopment of the Berkshire Trail Elementary School; provided further, that not less than $120,000 shall be expended to the University of Massachusetts Amherst for a mural project in the city of Springfield; provided further, that not less than $1,000,000 shall be expended to the town of West Boylston for improvements related to water and sewer infrastructure necessary to support existing business and enable future commercial growth; provided further, that not less than $200,000 shall be expended to the Council on American-Islamic Relations, Massachusetts Chapter (CAIR-MA, INC) to provide litigation support and legal assistance for indigent victims of religious harassment and discrimination; provided further, that not less than $230,000 shall be expended to the town of Lincoln for a comprehensive economic development/strategic plan; provided further, that not less than $250,000 shall be expended to the Wilmington housing authority in the town of Wilmington for the purposes of making improvements and revitalizing the authority’s public housing stock; provided further, that not less than $250,000 shall be expended to the city of Northampton to support local businesses during the Picture Main Street redesign project; provided further, that not less than $100,000 shall be expended to the Eric Carle Museum of Picture Book Art in the city known as the town of Amherst to support the purchase and installation of ADA accessible sliding doors for the museum’s entryway; provided further, that not less than $250,000 shall be expended to the town of Belmont for clocks and a PA system at Chenery School; provided further, that not less than $500,000 shall be expended to Barnstable County’s Massachusetts Alternative Septic System Technology Center to evaluate the feasibility of using urine diverting eco-toilet systems to reduce nutrient pollution in nitrogen sensitive areas of the lower and outer region of Cape Cod; provided further, that not less than $100,000 shall be expended to the Watertown housing authority for capital improvements to E. Joyce Munger on Warren street in the city of Watertown; provided further, that not less than $100,000 shall be expended to the Watertown housing authority for capital improvements to Woodland Towers in the city of Watertown; provided further, that not less than $1,000,000 shall be expended to the town of Winchester for the town's downtown and light industrial revitalization; provided further, that not less than $150,000 shall be expended to the town of Westminster for development and event infrastructure improvements to Academy Hill; provided further, that not less than $250,000 shall be expended to the Belchertown Water District for groundwater and water district expansion work; provided further, that not less than $50,000 shall be expended to the city of Newton for a study of ways to support economic development by integrating the Wells Park commercial area with the University of Massachusetts Charles River Campus; provided further, that not less than $1,000,000 shall be expended to the town of Stoneham for downtown revitalization and the small business grant program; provided further, that not less than $200,000 shall be expended to the town of Arlington for the installation of electric vehicle charging stations in the East Arlington business district; provided further, that not less than $250,000 shall be expended to Gore Place in Waltham to preserve historic open space and support community programming; provided further, that not less than $300,000 shall be expended to the town of Arlington for streetscape improvements in the East Arlington business district; provided further, that not less than $5,000,000 shall be expended to the Commonwealth Zoological Corporation established in section 2 of chapter 92B of the General Laws for costs associated with the preparation of plans, studies and specifications, repairs, construction, renovations, improvements, maintenance, asset management and demolition and other capital improvements including those necessary for the operation of facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. Stone Memorial Zoo; provided further, that not less than $250,000 shall be expended to the city of Newton to pilot temporary, safe and accessible transportation for Newton’s senior residents, including but not limited to those residing at Golda Meir House & the Nahanton Campus, to ensure reliable access to area businesses and parts of the city no longer accessible by public transportation; provided further, that not less than $100,000 shall be expended to the town of Plymouth for the workforce development for the Plymouth Public School Career Technical Education Program; provided further, that not less than $250,000 shall be expended to the city of Beverly for improvements to city properties, including but not limited to the Lynch Park Carriage House and Beverly Golf and Tennis Club, that prioritize economic activity, municipal revenue, environmental sustainability, historic preservation and increased recreational and community use; and provided further, that not less than $500,000 shall be expended to the city of Springfield to create a strategic community-based agenda to address youth and gun violence in Springfield that requires a comprehensive approach and emphasizes prevention, community engagement and mental health support…..…….$135,497,085
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
Office of the Secretary
7003-8088 For the executive office of labor and workforce development for a grant program to support commonwealth-based employers in assisting current or former employees who were authorized to work pursuant to the federal Temporary Protected Status program to obtain alternate work authorization in a manner consistent with federal law; provided, that grants shall be awarded in a manner that prioritizes current or former employees with experience in high-demand or difficult to staff occupations, including but not limited to health care and related fields; provided further, that grants shall be awarded in a manner that prioritizes geographic areas in which it is most difficult for employers to find adequate numbers of employees in said high-demand or difficult to staff occupations; and provided further, that not later than April 1, 2027, the secretary of labor and workforce development shall produce a report to the house and senate committees on ways and means, which shall include all grants awarded, including the amounts of the grants, along with the secretary’s analysis of the impact of the grants on the ability of employees to fill high-demand or difficult to staff occupations and recommendations regarding the advisability of continuing the program along with recommendations regarding the implementation thereof.....................................................$500,000
EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
Office of the Secretary
7004-0092 For grants and technical assistance for municipalities for the conversion of commercial properties into residential housing …………………………….……..$50,000,000
7004-0094 For the veterans supported housing initiative program established in section 35 of chapter 23B of the General Laws; provided, that the executive office of housing and livable communities shall partner with a qualified non-profit organization, as defined in said section 35 of said chapter 23B, to implement and operate the program; and provided further, that the qualified non-profit organization shall receive not more than $20,000 in a 12-month period for each eligible veteran…………………………………………….….……$20,000,000
7004-0095 For grants to support remediation efforts at former state-owned buildings; provided, that grants shall be to support housing development projects on lands and in buildings previously owned by the commonwealth and that require asbestos, lead or hazardous material demolition and remediation; and provided further, that the secretary of housing and livable communities, in consultation with the department of environmental protection, shall report to the clerks of the house of representatives and the senate and the house and senate committees on ways and means all grants awarded, including the amounts of the grants…………................................................................................................…$50,000,000
SECTION 3. Section 204 of chapter 6 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 20 and 21, the words “but shall not serve for longer than 8 consecutive years”.
SECTION 4. Section 16I of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “housing and”.
SECTION 5. Said section 16I of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 20, the word “community” and inserting in place thereof the following word:- economic.
SECTION 6. Section 35FF of chapter 10 of the General Laws is hereby repealed.
SECTION 6A. Section 55 of chapter 13 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following paragraph:-
The board shall publish, not less than annually: (i) an account of newly licensed members; (ii) a summary of complaints filed against licensed members; (iii) the actions taken by the board to investigate such complaints, disciplinary hearings, disciplinary actions or suspensions or revocations of licenses; and (iv) the reason for such actions by the board, pursuant to clause (iii), including any findings, in which the finding has become final, of discrimination against any classes protected by chapter 151B or otherwise protected by any other general or special law or federal statute, and the name of the affected license holder.
SECTION 7. Chapter 23 of the General Laws is hereby amended by adding the following section:-
Section 28. (a) The secretary of labor and workforce development, in consultation with the secretary of education and the secretary economic development, shall produce a report every other year, in even-numbered years, on the current status of the commonwealth’s job market and an analysis of the labor market need for the following 5-year period. The report and analysis shall provide necessary information to ensure the economic competitiveness of the commonwealth, including guiding decision-making within agencies related to policy adoption and development and state funding investments. The report shall include, but shall not be limited to:
(i) recommendations related to policies and investments to ensure the commonwealth has the necessary workforce to address any known or reasonably anticipated future labor market needs, including identification of business sectors poised to experience growth and anticipated gaps in filling employment need in such sectors;
(ii) a progress report on the status of career pathway programs in the commonwealth’s high schools, institutions of higher education and workforce training programs in targeted industries; and
(iii) an analysis of data regarding the skills required for jobs in key industries as identified by the secretary of labor and workforce development or enumerated in line item 7002-8070 of section 2 of chapter 238 of the acts of 2024.
(b) Bi-annually, not later than December 31, the secretary of labor and workforce development, in consultation with the secretary of education and the secretary of economic development, shall make the report, and any recommendations, available to the public on the executive office of labor and workforce development’s website and shall submit the report to: (i) the governor; (ii) any relevant state agencies, as determined by the secretary of labor and workforce development; and (iii) the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the chairs of the joint committee on labor and workforce development.
SECTION 7A. Section 3E of chapter 23A of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 10 to 12, inclusive, the words “or (iii) a private project or investment that contributes significantly to the resiliency of the local economy” and inserting in place thereof the following words:- (iii) the creation of new housing units; or (iv) a private project or investment that contributes significantly to the resiliency of the local economy.
SECTION 7B. Said section 3E of said chapter 23A, as so appearing, is hereby further amended by adding the following subsection:-
(d) If a municipality offers tax increment financing to the owner of a residential or mixed-use real estate project, the municipality shall notify the executive office of housing and livable communities by submitting a fully executed copy of the adopted local incentive agreement and any amendments thereto.
SECTION 8. Chapter 23B of the General Laws is hereby amended by adding the following section:-
Section 37. (a) The executive office of housing and livable communities shall establish a training program for members of local planning boards, special permit granting authorities and zoning boards of appeals to provide education and self-evaluation. The training program shall be an annual training that is offered at no cost to municipalities. In developing the training program, the executive office shall consult with the Massachusetts Association of Planning Directors, Inc., the Massachusetts Association of Regional Planning Agencies, the Massachusetts Chapter of the American Planning Association, Inc. and the Citizen Planner Training Collaborative. The training program shall cover: (i) special permits; (ii) subdivision control; (iii) variances; (iv) fair housing; and (v) any other laws that govern the role and responsibility of the local planning board. To the extent practicable, the training programs shall be offered online and in various locations throughout the commonwealth, at various times of the year.
(b) Each member of a local planning board, special permit granting authority and zoning board of appeals shall, not later than 60 days after becoming a board member, and every 2 years thereafter, complete the training program. Each member shall, upon completion of the training program, provide notice to the town or city clerk and such notice shall be retained for 6 years.
SECTION 9. Section 5 of chapter 23I of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 37, the word “3F” and inserting in place thereof the following word:- 3C.
SECTION 10. Subsection (b) of said section 5 of said chapter 23I, as so appearing, is hereby amended by adding the following 2 sentences:- The decision by the center to certify or deny certification of a life sciences company and the decision to award or deny any incentives pursuant to subsections (c) or (d), including, but not limited to, the amount of such award and any conditions or limitations on such authorization, shall be decisions that are in the sole discretion of the center. The decision by the center shall be final and shall not be subject to administrative appeal or judicial review pursuant to chapter 30A or give rise to any other cause of action or legal or equitable claim or remedy.
SECTION 11. Said section 5 of said chapter 23I, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d)(1) There shall be established a life sciences tax incentive program. The center, in consultation with the department, may authorize incentives, including incentives carried forward or refunded pursuant to subsections (m), (n) and (r) of section 6 of chapter 62, paragraph 17 of section 30 of chapter 63, section 31M of said chapter 63, subsection (f) of section 38 of said chapter 63, subsection (k) of section 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section 38W of said chapter 63, section 38CC of said chapter 63, the second paragraph of subsection (c) of section 42B of said chapter 63 and subsection (xx) of section 6 of chapter 64H in a cumulative amount, including the current year cost of incentives allowed in previous years, that shall not exceed $40,000,000 annually. The center may authorize incentives to a life sciences company that spans multiple years if the total amount of incentives due to be taken in any single calendar year does not exceed the applicable cap. The center shall determine the amount and type of any such incentive to authorize and the schedule on which those incentives may be claimed. The center may, in consultation with the department, limit any incentive to a specific dollar amount or time duration or in any other manner deemed appropriate by the department; provided, however, that the department shall only allocate any such incentives among commonwealth certified life sciences companies pursuant to subsection (b) and shall award such tax incentives pursuant to subsection (c).
(2) The center 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 life sciences company unless expressly granted by the secretary of administration and finance in writing.
(3) When authorizing incentives pursuant to this subsection, the center shall require the certified life sciences company to execute a written agreement setting forth the terms and conditions on which the tax credits may be claimed. The written agreement shall set forth: (i) the company’s permanent new or retained full-time employees; (ii) commitments over 1 or more years; (iii) a schedule on which the credits may be claimed; and (iv) other such terms or conditions as the center may, in its discretion, require. The written agreement may, at the center’s discretion, limit or restrict the right of the certified life sciences company to carry unused tax credits forward to subsequent tax years.
SECTION 12. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is hereby amended by striking out paragraphs (1) and (2) and inserting in place thereof the following 2 paragraphs:-
(1) Certification granted pursuant to subsection (b) shall be valid starting with the tax year in which certification is granted. Each certified life sciences company shall file an annual report with the center certifying whether the company has achieved the job commitments, met the specific targets established in the proposal pursuant to subclause (A) of clause (i) of said subsection (b) and other material obligations or representations set forth in the written agreement pursuant to paragraph (3) of subsection (d).
(2) The certification of a life sciences company may be revoked by the center after an investigation and determination that representations made by the certified life sciences company in its certification proposal or written agreement pursuant to paragraph (3) of subsection (d) are materially at variance with the conduct of the life sciences company after receiving certification; provided, however, that the center shall review the certified life sciences company not less than annually; and provided further, that the center shall have the discretion to determine whether the material variance shall result in revocation of a project certification, taking into account: (i) the conduct of the certified life sciences company subsequent to the project certification; (ii) the extent to which the material variance is the result of unforeseen conditions that are outside the control of the certified life sciences company; and (iii) other considerations as the center shall establish by policy. If the center revokes certification of a life sciences company, the center shall provide its reasons for the decision in writing to the secretary of administration and finance, the commissioner of revenue and the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means, the joint committee on revenue and the joint committee on economic development and emerging technologies. The center shall post these reasons on the center’s website.
SECTION 13. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is hereby further amended by striking out paragraph (4) and inserting in place thereof the following 2 paragraphs:-
(4) In connection with an award of refundable jobs credits pursuant to subsection (r) of section 6 of chapter 62 or section 38CC of chapter 63, if the center finds that the certified life sciences company is in material variance with the terms of the written agreement entered into under paragraph (3) of subsection (d), the center may rescind tax credits awarded but not yet claimed and request that the department recapture tax credits already claimed. The center may provide the certified life sciences company with reasonable opportunity to cure the material variance and rescind or recapture tax credits in proportion to the company’s compliance, as determined by the center. Tax credits shall be rescinded or recaptured by sending a written notice to the certified life sciences company and the department. Where applicable, the department shall recapture tax credits in pursuant to said subsection (r) of said section 6 of said chapter 62 or said section 38CC of said chapter 63.
(5) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified life sciences company.
SECTION 14. Said section 5 of said chapter 23I, as so appearing, is hereby further amended by striking out, in lines 149 and 150, the word “independent”.
SECTION 15. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby amended by striking out the definition of “Fund” and inserting in place thereof the following definition:-
“Fund”, the Climatetech Investment Fund established in section 15.
SECTION 16. Said section 1 of said chapter 23J, as so appearing, is hereby further amended by striking out the definition of “Trust fund”.
SECTION 17. Section 2 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 13 to 15, inclusive, the words “, in collaboration with the Massachusetts Renewable Energy Trust Fund established in section 4E of chapter 40J,”.
SECTION 18. Subsection (e) of said section 2 of said chapter 23J, as so appearing, is hereby amended by striking out the second paragraph.
SECTION 19. Section 3 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 65 and 66, the words “Massachusetts Alternative and Climatetech Investment Trust Fund” and inserting in place thereof the following word:- fund.
SECTION 20. Subsection (a) of said section 3 of said chapter 23J, as so appearing, is hereby amended by striking out paragraphs (26) to (32), inclusive, and inserting in place thereof the following 5 paragraphs:-
(26) to promote programs and investments that lead to pathways towards economic self-sufficiency for low and moderate-income individuals and communities in the climatetech industry;
(27) to research and establish, if the center so chooses, the Massachusetts Hydrogen and Fuel Cell Institute, to be housed at the Worcester Polytechnic Institute, and to serve as a joint venture among institutes of higher education in the commonwealth providing a focal point for research, education and commercialization activities in the hydrogen fuel cell sector; provided, however, that said institute responsibilities may include, but shall not be limited to: (i) working with the University of Massachusetts and private higher education institutions in the commonwealth to coordinate and strengthen hydrogen and fuel cell research activities in the commonwealth; (ii) strengthening collaborative research and development between universities and companies located within the commonwealth; (iii) addressing critical technological barriers facing the hydrogen and fuel cell companies; (iv) strengthening existing educational programs and introducing new curriculum in Massachusetts universities to produce graduates who are conversant in hydrogen and fuel cell technologies; and (v) promoting partnerships between Massachusetts universities and companies to jointly demonstrate hydrogen and fuel cell technologies and attract greater amounts of federal funding to the commonwealth;
(28) to allocate, if the center so chooses, up to $2,000,000 annually for 5 years for the Massachusetts Hydrogen and Fuel Cell Institute; provided, however, that said funding shall begin in the fiscal year that said institute shall be established and shall end in the fifth fiscal year following the establishment of said institute;
(29) to establish, if the center so chooses, a program to be known as the entrepreneurial fellowship program, which shall award grants to entrepreneurs from business sectors other than climatetech sectors to enroll in programs to foster knowledge and expertise of climatetech technology; provided, however, that the climatetech technology programs shall be based upon intensive technology, market and policy curriculum; and provided further, that the center shall establish public-private partnerships and enter into contribution agreements with commonwealth-based companies and venture capitalists to support programs designed to mentor and train entrepreneurs from other business sectors in the areas of climatetech technology and development to increase investment in the commonwealth’s climatetech sector; and
(30) to serve as a focal point, and provide state-wide coordination, for offshore wind initiatives; provided, that said responsibilities shall include, but shall not be limited to: (i) working with public and private higher education institutions in the commonwealth to coordinate and strengthen offshore wind research activities in the commonwealth; (ii) strengthening collaborative research and development between higher education institutions and companies located within the commonwealth; (iii) addressing critical barriers facing offshore wind companies in the commonwealth; (iv) assessing and reporting on infrastructure requirements that support the growing offshore wind industry in the commonwealth; (v) supporting the growth of an offshore wind supply chain in the commonwealth; (vi) supporting and developing offshore wind training initiatives; and (vii) supporting and growing offshore wind innovation and entrepreneurship in the commonwealth; provided, that priority shall be given to efforts and investments that leverage private investment in the offshore wind sector.
SECTION 21. Section 5 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 16 to 19, inclusive, the words “and the trust fund over the previous fiscal year, the ability of the fund to meet the requirements in section 35FF of chapter 10 and the ability of the trust fund to meet the requirements in section 9” and inserting in place thereof the following words:- over the previous fiscal year, the ability of the fund to meet the requirements in section 15.
SECTION 22. Section 9 of said chapter 23J is hereby repealed.
SECTION 23. Section 11 of said chapter 23J, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “the fund and the trust fund” and inserting in place thereof the following words:- any funds administered by the center under this chapter.
SECTION 24. Section 15 of said chapter 23J, as so appearing, is hereby amended by striking out, in line 6, the words “and (iii)” and inserting in place thereof the following words:- (iii) all amounts collected under section 20 of chapter 25; and (iv).
SECTION 25. Subsection (b) of section 16 of said chapter 23J, as so appearing, is hereby amended by adding the following 2 sentences:- The decision by the center to certify or deny certification of a climatetech company and the decision to authorize or deny any incentives pursuant to subsection (d), including, but not limited to, the amount of such incentive and any conditions or limitations on such authorization, shall be decisions that are in the sole discretion of the center. The decisions by the center shall be final and shall not be subject to administrative appeal or judicial review pursuant to chapter 30A or give rise to any other cause of action or legal or equitable claim or remedy.
SECTION 26. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) Certification granted pursuant to subsection (b) shall be valid starting with the tax year in which certification is granted. Each certified climatetech company shall file an annual report with the center certifying whether the company has achieved the job commitments, met the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards those targets, and other material obligations or representations set forth in the written agreement pursuant to paragraph (3) of subsection (d).
SECTION 27. Said section 16 of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “proposal”, in line 56, the following words:- or written agreement pursuant to paragraph (3) of subsection (d).
SECTION 28. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is hereby amended by striking out paragraph (3) and inserting in place thereof the following 2 paragraphs:-
(3) In connection with an award of refundable jobs credits pursuant to subsection (hh) of section 6 of chapter 62 or section 38TT of chapter 63, if the center finds that the certified climatetech company is in material noncompliance with the terms of the written agreement entered into pursuant to paragraph (3) of subsection (d), then the center may rescind tax credits awarded but not yet claimed and request that the department of revenue recapture tax credits already claimed. The center shall have discretion to provide the certified climatetech company with reasonable opportunity to cure the material noncompliance and rescind or recapture tax credits in proportion to the company’s compliance, as determined by the center. Tax credits shall be rescinded or recaptured by sending a written notice to the certified climatetech company and the department of revenue. The department of revenue shall recapture tax credits pursuant to said subsection (hh) of said section 6 of said chapter 62 or said section 38TT of said chapter 63, where applicable.
(4) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified climatetech company.
SECTION 29. Subsection (d) of said section 16 of said chapter 23J, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) The center, in consultation with the department of revenue, may authorize incentives, including those established in subsections (gg) and (hh) of section 6 of chapter 62, subsection (k) of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of said chapter 63, section 38TT 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, that shall not exceed $30,000,000 annually. The center may authorize incentives to a climatetech company that span multiple years if the total amount of incentives due to be taken in any single calendar year does not exceed the applicable cap. The center shall determine the amount and type of any such incentive to authorize and the schedule on which those incentives may be claimed. The center, in consultation with the department of revenue, may limit the incentives to a specific dollar amount, 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.
SECTION 30. Said subsection (d) of said section 16 of said chapter 23J, as so appearing, is hereby further amended by adding the following paragraph:-
(3) When authorizing incentives pursuant to this subsection, the center shall require the certified climatetech company to execute a written agreement that sets forth the terms and conditions for which the tax credits may be claimed. The written agreement shall set forth: (i) the company’s permanent new or retained full-time employees; (ii) commitments over 1 or more years; (iii) a schedule on which the credits may be claimed; and (iv) other such terms or conditions as the center may, in its discretion, require. The written agreement may, at the center’s discretion, limit or restrict the right of the certified climatetech company to carry unused tax credits forward to subsequent tax years.
SECTION 31. Said chapter 23J is hereby further amended by adding the following section:-
Section 17. (a)(1) For the purposes of this section, the terms “department”, “distribution company” and “electric company” shall, unless the context clearly requires otherwise, have the meanings as defined in section 1 of chapter 164.
(2) For the purposes of this section, the words “gridtech solution” shall, unless the context clearly requires otherwise, mean novel technologies, novel applications of technologies and other innovative approaches, including, but not limited to, novel retail rate designs, distributed energy resource wiring configurations or customer energy solutions.
(b) There shall be a gridtech deployment advisory board. The board shall: (i) explore opportunities for public-private partnerships to test or deploy at-scale gridtech; (ii) facilitate connections between gridtech companies and relevant distribution companies; and (iii) identify and propose solutions to barriers in the existing practices of an electric company or the department; provided, that such solutions are permissible under state law. The advisory board shall prioritize, where appropriate, the deployment of gridtech that reduces electric distribution and transmission grid costs and supports achievement of the statewide greenhouse gas emissions limits and sublimits chapter 21N.
(c) The gridtech deployment advisory board established pursuant to subsection (b) shall be comprised of: (i) the chief executive officer of the center, or their designee; (ii) the commissioner of the department of energy resources, or their designee; (iii) the chair of the department, or their designee; (iv) the secretary of the executive office of economic development, or their designee; (v) 1 representative from the Massachusetts Technology Development Corporation established in section 2 of chapter 40G; (vi) 1 representative from each electric company; (vii) 1 representative from the Massachusetts Municipal Wholesale Electric Company; (viii) 1 representative from a municipal electric distribution company or an organization that represents municipal electric distribution companies; and (ix) 3 representatives from organizations involved or familiar with the development, financing or implementation of gridtech solutions. The board shall be co-chaired by the chief executive officer of the center, or their designee, and a member of an electric company serving on the advisory board. All representatives shall, unless otherwise provided, be appointed by the chief executive officer of the center.
(d) The electric companies shall file for review and approval with the department any process approved by the board to review, on an expedited basis, requests for limited waivers of prior department orders that will alleviate gridtech deployment barriers.
(e) The department shall approve any process filed under subsection (d) if it determines that such process is in the public interest, including, but not limited to, reducing electric grid costs and supporting achievement of the statewide greenhouse gas emissions limits and sublimits pursuant to chapter 21N.
(f) Annually, the board shall identify barriers to the deployment of discrete gridtech technologies and applications in existing utility practices and orders issued by the department, as well as potential solutions to those barriers and, as applicable, limited waivers of department orders to alleviate the identified barriers. The electric companies shall seek approval from the department of any limited waivers identified and approved by the board so long as they are consistent with the process approved by the department under subsection (e).
(g) Nothing in this section shall preclude members of the board from testing, funding or scaling gridtech solutions outside of the processes outlined in this section.
SECTION 32. Section 20 of chapter 25 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The department shall require a mandatory charge of 0.5 mill per kilowatt-hour for all electricity consumers, except those served by a municipal lighting plant that does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level. All revenues generated by the mandatory charge shall be deposited into the Climatetech Investment Fund, established in section 15 of chapter 23J.
SECTION 33. Said section 20 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 22, the words “Massachusetts Renewable Energy Trust” and inserting in place thereof the following words:- Climatetech Investment.
SECTION 34. Said section 20 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “fund”, in line 24, the following words:- revenues from mandatory charges held by the fund.
SECTION 35. Said section 20 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 28, the word “collaborative” and inserting in place thereof the following words:- Massachusetts clean energy technology center.
SECTION 36. Said section 20 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 42, the word “trust”.
SECTION 37. Section 2EEEEEE of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the word “Matching”, in line 28, the following words:- , Fiscal Resilience.
SECTION 38. Said section 2EEEEEE of said chapter 29, as so appearing, is hereby further amended by striking out, in line 73, the words “and (iii)” and inserting in place thereof the following words:- (iii) protecting the commonwealth from the elimination, reduction or material delay of federal funds upon a determination by the secretary that the elimination, reduction or material delay of such federal funds would materially impact public health, safety or welfare or the fiscal stability of the commonwealth or any of its political subdivisions, in accordance with guidance issued by the executive office for administration and finance; (iv) improving the financial stability of hospitals and community health centers in the commonwealth that provide health care to low-income, uninsured or underinsured residents, including by transferring any amounts in the fund to the Health Safety Net Trust Fund established in section 66 of chapter 118E, in accordance with guidance issued by the executive office for administration and finance in consultation with the executive office of health and human services; (v) funding pay-as-you-go capital for any capital project or program up to the amount otherwise authorized by the general court for such project or program in chapter 238 of the acts of 2024, in accordance with guidance issued by the executive office for administration and finance; and (vi).
SECTION 39. Said section 2EEEEEE of said chapter 29, as so appearing, is hereby further amended by inserting after the word “Matching”, in line 78, the following words:- , Fiscal Resilience.
SECTION 40. Said section 2EEEEEE of said chapter 29, as so appearing, is hereby further amended by inserting after the word “Matching”, in line 85, the following words:- , Fiscal Resilience.
SECTION 40 1/4. Said chapter 29 is hereby further amended by inserting after section 2OOOOOO, inserted by section 2 of chapter 113 of the acts of 2026, the following section:- Section 2PPPPPP. (a) There is hereby established in the office of the state treasurer a separate, non-budgeted special revenue fund known as the Massachusetts Secure Choice Savings Fund, which shall be administered by the state treasurer. The fund shall be credited with: (i) money from the payment of fees, penalties and other payments due to the Massachusetts secure choice savings program established in section 64H; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund and any funds appropriated by the federal or local governments; (iii) private contributions and publicly or privately-funded grants; and (iv) any interest earned on the assets of the fund. Monies in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. Section 38 shall not apply to any investment of the fund.
(b) The fund shall cover all expenses associated with the administration of the Massachusetts secure choice savings program not otherwise covered by the program, including, but not limited to, expenses related to program compliance and oversight responsibilities.
(c) The Massachusetts secure choice savings board, as established in section 64G, shall establish guidelines regarding administration of the fund.
Section 2QQQQQQ. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transition Age Youth Services Matching Fund. The purpose of the fund shall be to increase access of transition-aged youth to high quality, evidence- and community-based services that have undergone a rigorous evaluation and have been rated by a third-party clearinghouse by incentivizing private investment in such services. The secretary of health and human services shall administer the fund and shall expend money from the fund, without further appropriation, in the form of matching grants for evidence-based services for youth aging out of care or services from the executive office of health and human services and its constituent agencies. Youth served through the fund shall: (i) be not less than 17 years of age and not more than 23 years of age; (ii) have been, but at the time of service provision may or may not still be, under the care of executive office of health and human services or 1 or more of its constituent agencies; and (iii) be housing insecure or at risk of experiencing homelessness based on risk factors, including, but not limited to, previous experience in the foster care system, couch-surfing, unemployment and other indicators of lack of economic stability or life skills that could result in homelessness. Money in the fund shall only be expended to match private or philanthropic funding pursuant to subsection (b).
(b) No expenditure from the fund shall be made unless it is accompanied by a commitment of a corresponding private matching reimbursement to the fund to increase access to such services. Qualifying matching reimbursement shall be: (i) not less than 100 per cent of the corresponding expenditure from the fund during the first 2 fiscal years after the establishment of the fund; (ii) not less than 70 per cent of the corresponding expenditure from the fund during the subsequent fiscal year; (iii) not less than 40 per cent of the corresponding expenditure from the fund during the subsequent 2 fiscal years; and (iv) not less than a percentage of the corresponding expenditure from the fund set by the secretary thereafter, which shall not exceed 40 per cent of the corresponding expenditure from the fund.
(c) There shall be credited to the fund: (i) any appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) money transferred to the fund by the executive office or its constituent agencies pursuant to subsection (e); (iv) interest earned on any money in the fund; and (v) any other grants, premiums, gifts, reimbursements or other contributions received by the commonwealth from any source for or in support of the purposes described in subsection (a).
(d) Amounts credited to the fund may be expended without further appropriation. The secretary may incur expenses and the comptroller may certify for payment amounts 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. Any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in a subsequent fiscal year.
(e) Notwithstanding any special or general law to the contrary, for the purposes of increasing the total amount of private matching expenditures pursuant to this section, the commissioner of mental health, the commissioner of youth services, the commissioner of children and families, the commissioner of public health, the director of the division of medical assistance and the secretary may transfer into the fund money appropriated to other accounts that otherwise would be expended to pay for services to assist transition-aged youth with living successful, independent lives as they age out of state care or services; provided, however, that the secretary shall notify the house and senate committees on ways and means of any such transfer.
(f) Annually, not later than October 1, the secretary shall report on the fund’s activity to the chairs of the joint committee on children, families and persons with disabilities, the joint committee on the judiciary, the joint committee on mental health, substance use and recovery, and the house and senate committees on ways and means. The report shall include, but shall not be limited to: (i) revenue received by the fund and the source of such revenue; (ii) expenditures from the fund, including the recipient, matching commitment, date and purpose of the expenditure; (iii) the number of transition-aged youth served through expenditures from the fund and their corresponding match; and (iv) youth outcomes at discharge for educational attainment, employment and living situations.
SECTION 40 1/2. Said chapter 29 is hereby further amended by inserting after section 64E the following 5 sections:-
Section 64F. For the purposes of this section and sections 64G to 64J, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Board”, the Massachusetts secure choice savings board established pursuant to section 64G.
“Code”, as defined in section 1 of chapter 62.
“Commissioner”, the commissioner of revenue.
“Department”, the department of revenue.
“Employee”, any individual who: (i) is 18 years of age or older; (ii) is employed by an employer; and (iii) has wages that are allocable to the commonwealth during a calendar year under chapter 62.
“Employer”, a person or entity engaged in a business, industry, profession, trade or other enterprise in the commonwealth, whether for-profit or not-for-profit, that has: (i) at no time during the previous calendar year employed fewer than 25 employees in the commonwealth; (ii) been in business not less than 2 years; and (iii) not offered a qualified retirement plan, including, but not limited to, a plan qualified under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the Code in the preceding 2 calendar years.
“Enrollee”, any employee or former employee who is enrolled in the program.
“Fund”, the Massachusetts Secure Choice Savings Fund, established pursuant to section 2PPPPPP.
“IRA”, an individual retirement account that is either a: (i) Roth IRA, under section 408A of the Code; or (ii) individual retirement account under section 408 of the Code.
“Participating employer”, an employer that provides a payroll deposit retirement savings arrangement as provided for by section 64I for its employees who are enrolled in the program.
“Payroll deposit retirement savings arrangement”, an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the program.
“Program”, the Massachusetts secure choice savings program, established pursuant to section 64H.
“Wages”, any compensation within the meaning of section 219(f)(1) of the Code that is received by an enrollee from a participating employer during the calendar year.
Section 64G. (a)(1) There is hereby established the Massachusetts secure choice savings board. The board shall consist of the following 5 members: the state treasurer or a designee, who shall serve as chair; the comptroller or a designee; the secretary of the commonwealth or a designee; a public representative with expertise in retirement savings plan administration or investment, or both, who is representative of participating employees, appointed by the governor; and a public representative with expertise in retirement savings plan administration or investment, or both, who is representative of participating employers, appointed by the state treasurer.
(2) Each member shall be appointed for a term of 4 years; provided, however, that the public representative of employers shall be appointed initially for a term of 3 years; and provided further, that all members shall be eligible for reappointment. A vacancy in the term of an appointed board member shall be filled for the balance of the unexpired term in the same manner as the original appointment. Members of the board shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
(3) The board may appoint or engage agents. The board, the individual members of the board, any other agents appointed or engaged by the board and all persons serving as program staff shall discharge their duties with respect to the program solely in the interest of the program’s enrollees and beneficiaries.
(b) The board shall be responsible for ongoing fiduciary administrative oversight of the program for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost and portable manner, pursuant to subsection (a) of section 64H.
(c) The board shall report annually to the state treasurer, governor, comptroller, secretary of the commonwealth and the house and senate committees on ways and means. The report shall include, but shall not be limited to: (i) an audited financial report, prepared in accordance with generally accepted accounting principles; (ii) a summary of the benefits provided by the program, including the number of enrollees; and (iii) the percentage and amounts of investment options and rates of return.
(d) All agencies of the commonwealth shall cooperate as requested by the board in the performance of their duties under this section, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
Section 64H. (a) There is hereby established in the office of the state treasurer the Massachusetts secure choice savings program, subject to appropriation. The program shall be developed and administered by the state treasurer with ongoing fiduciary administrative oversight provided by the board for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost and portable manner.
(b)(1) The state treasurer shall design, establish and operate the program in a manner that: (i) accords with best practices for retirement savings vehicles; (ii) maximizes participation, savings and sound investment practices; (iii) maximizes simplicity, including ease of administration for participating employers and enrollees; (iv) provides an efficient product to enrollees by pooling investment funds; and (v) ensures the portability of benefits.
(2) The state treasurer and the department shall maintain, on their websites, information for employers on the requirements of the program and information on retirement plans an employer may offer as an alternative to the program, including, but not limited to, a defined benefit plan, 401(k) plan, a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan.
(c) The state treasurer shall request, in writing, an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income Security Act to the program. The state treasurer shall not implement the program if the IRA arrangements offered under the program fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Code or if it is determined that the program is an employee benefit plan and state or employer liability is established under the federal Employee Retirement Income Security Act.
(d) The state treasurer shall prepare a written statement of investment policy that includes a risk management and oversight program for consideration and adoption by the board.
(e) The state treasurer may contract with practitioners, administrators, investment managers and other entities to design, administer and provide investment options under the program. Any practitioner, administrator, investment manager or other entity with which the state treasurer contracts shall comply with all applicable federal and state laws, rules and regulations and all rules, policies and guidelines promulgated by the board with respect to the program and the investment of the fund, including, but not limited to, the investment policy. Any practitioner, administrator, investment manager or other entity with which the state treasurer contracts shall provide such reports as the board deems necessary to assess performance.
(f) The state treasurer shall assess the feasibility of multistate or regional agreements to administer the program through shared administrative and operational resources and may enter into those agreements if deemed beneficial to the program.
(g)(1) The commonwealth, the board, each member of the board or other commonwealth official, other commonwealth boards, commissions or agencies, or any member, officer or employee thereof, and the program: (i) shall have no responsibility for compliance by individuals with the conditions and other provisions of the Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount and in what time frame and manner; (ii) shall have no duty, responsibility or liability to any party for the payment of any benefits under the program, regardless of whether sufficient funds are available under the program to pay such benefits; (iii) do not and shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance; and (iv) are not and shall not be liable or responsible for any loss, deficiency, failure to realize any gain or any other adverse consequences, including, but not limited to, any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits incurred by any person as a result of participating in the program.
(2) The debts, contracts and obligations of the program shall not be considered the debts, contracts and obligations of the commonwealth, and neither the faith and credit nor the taxing power of the commonwealth shall be pledged directly or indirectly to the payment of the debts, contracts and obligations of the program.
(3) Participating employers shall not have any liability for an employee’s decision to participate in, or opt out of, the program or for the investment decisions of the board or of any enrollee.
(4) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the program. A participating employer shall not bear responsibility for the administration, investment options or investment performance of the program. A participating employer shall not be liable with regard to investment returns, program design and benefits paid to program participants.
(h) All agencies of the commonwealth shall cooperate as requested by the state treasurer in the performance of their duties under this section, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
Section 64I. (a)(1) Each employer shall establish a payroll deposit retirement savings arrangement to allow each employee to participate in the program on a timeline set by the board.
(2) Employers shall automatically enroll each employee, who has not opted out of participation, in the program and shall provide payroll deduction retirement savings arrangements and deposit, on behalf of each such employee, these funds into the program.
(3) Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan, including, but not limited to, a defined benefit plan, a 401(k), a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan, instead of having a payroll deposit retirement savings arrangement to allow employee participation in the program.
(b)(1) Enrollees shall have the ability to: (i) select a contribution level into the fund; or (ii) opt out of participation in the program. The contribution level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee’s taxable year under section 219(b)(1)(A) of the Code. Enrollees may change their contribution level at any time and that election shall be honored as soon as administratively feasible. If an enrollee fails to select a contribution level using the form prescribed, the enrollee shall contribute the default contribution rate of 6 per cent, with an annual escalation of 1 per cent and up to 10 per cent, of their wages to the program.
(2) Enrollees may select an investment option from the permitted investment options available under the program. Enrollees may change their investment option at any time. If an enrollee fails to select an investment option, the enrollee shall be placed in a qualified default investment alternative specified by the program.
(3) An enrollee may terminate their participation in the program at any time in a manner prescribed by the program.
Section 64J. (a) An employer who fails without reasonable cause to enroll an employee, who has not elected out of participation, in the program within the time prescribed by the state treasurer, in consultation with the department, shall be subject to a penalty equal to:
(i) $250 for each employee for each calendar year or portion of a calendar year during which the employee neither was enrolled in the program nor had elected out of participation in the program, and the employee or any appropriate official of the commonwealth may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney’s fees as may be allowed by the court; and
(ii) for each calendar year beginning after the date a penalty has been assessed with respect to an employee, $500 for any portion of that calendar year during which such employee continues to be unenrolled without electing out of participation in the program, and the employee or any appropriate official of the commonwealth may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney’s fees as may be allowed by the court.
(b) No penalty shall be imposed under subsection (a) for any failure for which it is established that the employer, subject to liability for the penalty, did not know that the failure existed and exercised reasonable diligence to meet the requirements of this section or where:
(i) the employer subject to liability for the penalty exercised reasonable diligence to meet those requirements; and
(ii) the employer complies with those requirements with respect to each employee by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence would have known, that the failure existed.
(c) In the case of a failure that is due to reasonable cause and not to willful neglect, all or part of the penalty may be waived to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
(d) If a participating employer fails to transmit a payroll deduction contribution to the program on the earliest date the amount withheld from the enrollee’s compensation may reasonably be segregated from the participating employer’s assets, but not later than the 15th day of the month following the month in which the enrollee’s contribution amounts are withheld from their paycheck, the failure to remit such contributions on a timely basis shall be subject to the same sanctions as employer misappropriation of employee wage withholdings, including those pursuant to sections 148 and 150 of chapter 149 and to the penalties specified in subsection (a).
(e) Except as provided in this subsection, all information received by the department from returns filed by an employer or from any investigation conducted under this section shall be confidential, except for official purposes within the department or pursuant to official procedures for collection of penalties assessed under this section. Nothing contained in this section shall prevent the commissioner from publishing or making available to the public reasonable statistics concerning the operation of this section wherein the contents of returns are grouped into aggregates in such a way that the specific information of any employer shall not be disclosed. Nothing contained in this section shall prevent the commissioner from divulging information to an authorized representative of the employer or to any person pursuant to a request or authorization made by the employer or by an authorized representative of the employer.
(f) Civil penalties and fees collected under this section shall be deposited into the fund.
(g) The department may promulgate rules and regulations as necessary or proper for the administration and enforcement of this section.
SECTION 40A. Chapter 40 of the General Laws is hereby amended by striking out section 60 and inserting in place thereof the following section:-
Section 60. (a) Notwithstanding any general or special law to the contrary, a city or town by vote of its town meeting, town council or city council with the approval of the mayor where required by law, on its own behalf or in conjunction with 1 or more cities or towns and under regulations issued by the executive office of housing and livable communities, in consultation with the department of revenue, may adopt and prosecute a housing tax increment financing agreement, in this section referred to as an HTIF agreement, intended to encourage increased residential and mixed-use growth; provided, however, that the HTIF agreement shall:
(i) include a description of the parcels to be included in the agreement; provided, that in the case of an HTIF agreement adopted by more than 1 city or town, the areas designated as HTIF zones shall be contiguous areas of those cities and towns;
(ii) describe the construction, reconstruction, rehabilitation and related activities, public and private, contemplated for such HTIF agreement as of the date of the adoption of the HTIF agreement; provided, however, that in the case of public construction, the HTIF agreement shall include a detailed projection of the costs and a betterment schedule for the defrayal of such costs; provided, further, that the HTIF agreement shall provide that no costs of such public construction shall be recovered through betterments or special assessments imposed on a party that has not executed an HTIF agreement; and provided, further, that in the case of private construction, the HTIF agreement shall include the types of residential and mixed-use growth that are projected to occur, with such documentary evidence of the level of private investment and projected public benefits, including but not limited to architectural plans and specifications;
(iii) authorize tax increment exemptions from property taxes, under clause Fifty-first of section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real property that is included in an HTIF agreement; provided, however, that the HTIF agreement shall specify the level of exemptions expressed as exemption percentages, not to exceed 100 per cent to be used in calculating the exemptions for the parcel, and for personal property situated on that parcel, as provided under said clause Fifty-first of said section 5 of said chapter 59; provided, further, that the exemption for each parcel of real property shall be calculated using an adjustment factor for each fiscal year of the specified term equal to the product of the inflation factors for each fiscal year since the parcel first became eligible for such exemption under this clause; and provided further, that the inflation factor for each fiscal year shall be a ratio:
(A) the numerator of which shall be the total assessed value of all parcels of real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment for the current fiscal year attributable to the residential and mixed-use real estate as determined by the commissioner of revenue pursuant to subsection (f) of section 21C of chapter 59; and
(B) the denominator of which shall be the total assessed value for the preceding fiscal year of all the parcels included in the numerator; provided, however, that such ratio shall not be less than 1;
(iv) establish a maximum percentage of the costs of any public construction, referenced in clause (ii) and initiated subsequent to the adoption of the HTIF agreement, that can be recovered through betterments or special assessments against real property eligible for tax increment exemptions from property taxes under clause (iii) during the period of the parcel’s eligibility for exemption from annual property taxes pursuant to said clause Fifty-first of said section 5 of said chapter 59, notwithstanding chapter 80 or any other general or special law authorizing the imposition of betterments or special assessments;
(v) include: (A) all material representations of the parties that served as the basis for the descriptions contained in the HTIF agreement in accordance with the provisions of clause (ii); (B) a detailed recitation of the tax increment exemptions and the maximum percentage of the cost of public improvements that can be recovered through betterments or special assessments regarding such parcel of real property pursuant to clauses (iii) and (iv); (C) a detailed recitation of all other benefits and responsibilities inuring to and assumed by the parties to such agreement; and (D) a provision that such agreement shall be binding upon subsequent owners of such parcel of real property;
(vi) delegate to a board, agency or officer of the city or town the authority to execute agreements in accordance with the provisions of clause (v); and
(vii) require an owner of a parcel pursuant to clause (v) to submit to the city or town clerk a report detailing the status of the construction laid out in the agreement, the current value of the property and the number of housing units created to date as a result of the agreement; provided, however, that a report shall be filed every 2 years for the term of the tax increment exemption allowed under clause Fifty-first of section 5 of chapter 59; and provided further, that a final report shall be filed in the final year of the exemption.
(b) The board, agency or officer of the city or town authorized pursuant to clause (vi) of subsection (a) to execute agreements shall forward to the board of assessors a copy of each approved HTIF agreement, together with a list of the parcels included therein.
SECTION 41. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Public service corporation” the following definition:-
“Site plan review”, the review and approval process under a municipality’s zoning ordinance or by-law that establishes criteria for the layout, safety and impacts of a proposed use or development, and whether a proposed use of land or structures is in compliance with reasonable performance standards pursuant to section 7A; provided, however, that site plan review, and the performance standards applicable thereto, in connection with any protected use pursuant to section 3 or any other section of this chapter shall be limited to the extent required by such section.
SECTION 42. Said chapter 40A is hereby further amended by inserting after section 3B the following 2 sections:-
Section 3C. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Adaptive reuse”, the conversion of an existing structure from the use for which it was constructed to multi-family housing or mixed-use development by maintaining the elements of the structure and adapting such elements to the new use.
“Board of appeals”, a municipal zoning board of appeals established pursuant to section 12.
“Bus station”, a location serving as a point of embarkation for any bus operated by a transit authority, including, but not limited to, the Massachusetts Bay Transportation Authority Silver Line.
“Commercial conversion”, the use of land or structures for the creation and operation of any of the following: (i) adaptive reuse; (ii) new construction of multi-family housing; or (iii) new construction of mixed-use development.
“Commercial use”, the use of land or structures for non-residential uses, including, but not limited to: (i) offices; (ii) retail; (iii) dining establishments; or (iv) other similar uses as may be provided through regulation by the executive office in consultation with the executive office of economic development.
“Commercially zoned lot”, a lot where zoning allows commercial use as-of-right or by special permit.
“Commuter rail station”, any commuter rail station operated by a transit authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal or event-based service.
“Executive office”, the executive office of housing and livable communities.
“Ferry terminal”, the location where passengers embark and disembark from a ferry service with year-round service with ferries departing at regular time intervals, rather than intermittent, seasonal or event-based service.
“Financially infeasible”, to add unreasonable costs or unreasonably diminish the economic feasibility of a commercial conversion by means of a condition or requirement imposed by the board of appeals.
“Local board”, any local board or official, including, but not limited to, any: (i) board of survey; (ii) board of health; (iii) board of subdivision control appeals; (iv) planning board; (v) conservation commission; (vi) historical commission; (vii) water, sewer or other commission; (viii) district, fire, police, traffic or other department; (ix) building inspector or similar official; or (x) board, city council or selectboard; provided, that all boards, regardless of their geographical jurisdiction or their source of authority, including boards established pursuant to any general or special law, shall be a local board if they perform functions usually performed by locally created boards.
“Local contribution”, an incentive provided by a city or town for commercial conversion on a commercially zoned lot pursuant to subsection (c).
“Subway station”, any of the stops along the rapid transit system of a transit authority, including, but not limited to, the Massachusetts Bay Transportation Authority red line, green line, orange line or blue line, and any extensions or additions to such lines.
“Transit authority”, the Massachusetts Bay Transportation Authority established in section 2 of chapter 161A, or any other local or regional transit authority established pursuant to section 3 or section 14 of chapter 161B.
“Transit station”, a subway station, commuter rail station, ferry terminal or bus station.
(b)(1) A city or town subject to this chapter may, pursuant to section 5, amend zoning to allow commercial conversion as of right on every commercially zoned lot; provided, that a city or town that adopts commercial conversion as of right zoning shall provide not less than 1 adaptive reuse incentive pursuant to subsection (c); and provided further, that commercial conversion as of right zoning established pursuant to this section shall provide at a minimum, but shall not be limited to, the following:
(A) for adaptive reuse: (i) allowing existing building setbacks to remain and be considered a legal nonconforming use pursuant to section 6; provided, however, that a municipality may prohibit any additional encroachments into any nonconforming setback, unless otherwise required pursuant to clause (ii) or otherwise allowed under zoning; (ii) allowing such development to exceed the existing footprint of the building to accommodate upgrades related to building code, fire code and utility requirements; (iii) allowing such development to exceed the maximum height of the existing zoning district if the structure in existence prior to the adaptive reuse exceeds the maximum height of the existing zoning district; (iv) exempting multi-family housing, new multi-family housing and new-construction of mixed-use developments from residential parking requirements that exceed 1 parking space per residential dwelling unit; provided, that such commercial conversion projects on lots that are partially or entirely located within a 0.5 mile radius of a transit station shall be exempt from any residential parking requirements;
(B) A city or town may require that adequate infrastructure, including, but not limited to, roads and water and sewage systems, shall be available or provided to support commercial conversion;
(C) A city or town may restrict development on lots where industrial and manufacturing uses are permitted and where such uses have a substantial and demonstratable likelihood of resulting in impacts that are incompatible with residential use, such as air, noise or odor; and
(D) A city or town may impose affordable housing requirements on commercial conversion through an inclusionary zoning ordinance or bylaw to the extent that such affordable housing requirement does not require more than 10 per cent of the residential units within a commercial conversion to be subject to such affordable housing requirement and such requirement does not limit eligibility to households earning not more than 80 per cent area median income; provided, that the executive office, in its discretion, may approve for some or all of the affordable units upon request by a city or town as to an individual project in a form as may be designated by the executive office: (i) a greater percentage of affordable units; (ii) more than 10 per cent of the residential units to be subject to such affordable housing requirement; or (iii) eligibility for a greater percentage of area median income.
(2) Notwithstanding any general or special law, rule or regulation to the contrary, a commercial conversion that is adaptive reuse under this section shall comply with the base energy code pursuant to the state building code, 780 C.M.R., and shall not be required to comply with the specialized stretch energy code established pursuant to section 6 of chapter 25A or the municipal opt-in specialized code established pursuant to section 6 of chapter 25A.
(3) Notwithstanding sections 5, 8 and 9, a city or town that has adopted commercial conversion as of right zoning pursuant to paragraph (1) may establish a streamlined process for a petitioner or applicant seeking commercial conversion of a commercially zoned lot to submit to the board of appeals a single application for approval of a commercial conversion in lieu of separate applications to the applicable local boards. Such process shall provide, at a minimum, but shall not be limited to, the following:
(i) The board of appeals shall notify each local board, as applicable, of the filing of an application under this paragraph by sending a copy thereof to such local boards for their recommendations and shall, within 30 days of receipt of the application, hold a public hearing in conformance with section 11;
(ii) The board of appeals shall request representatives of local boards as are deemed necessary or helpful in making its decision upon an application to attend the hearing and shall, notwithstanding section 7, have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including, but not limited to, the power to attach to said permit or approval conditions and requirements that are not financially infeasible;
(iii) The board of appeals, in making its decision on an application, shall take into consideration the recommendations of the local boards and shall have the authority to use the testimony of consultants;
(iv) The board of appeals shall render a decision, based upon a majority vote of said board, within 60 days of receiving an application; and
(v) If a hearing is not convened or a decision is not rendered within the time allowed under clause (iv), unless the time has been extended by mutual agreement between the board of appeals and the applicant, the application shall be deemed to have been allowed and the permit or approval shall issue.
(c) A city or town that adopts commercial conversion as of right zoning pursuant to this section may provide any of the following local contributions: (i) a tax increment exemption for adaptive reuse pursuant to section 5P of chapter 59; (ii) a preference for commercial conversion projects for assistance under a community preservation fund established pursuant to section 7 of chapter 44B; (iii) a preference for commercial conversion projects for assistance under a municipal affordable housing trust fund established pursuant to section 55C of chapter 44; (iv) adoption of a streamlined approval process pursuant to paragraph (3) of subsection (b); or (v) any other local contributions as determined by the executive office.
(d) The executive office may establish additional incentives for cities and towns that adopt commercial conversion as of right zoning and a local contribution pursuant to this section. Such incentives for cities and towns may include, but shall not be limited to, a preference for financial assistance pursuant to section 27 ½ of chapter 23B, a preference for tax credits authorized pursuant to subsection (ee) of section 6 of chapter 62 and section 38OO of chapter 63 and other incentives identified by the executive office in consultation with the executive office of economic development and the executive office for administration and finance.
(e) The executive office may, in consultation with the executive office of economic development, promulgate regulations for the implementation and administration of this section.
(f) A city or town that has adopted commercial conversion as of right zoning pursuant to paragraph (1) of subsection (b) above may repeal such adoption pursuant to section 5.
Section 3D. (a) For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Land owned by a religious sect or denomination”, a lot or land, buildings or structures owned by or held in trust for the use of a religious sect or denomination for not less than 3 years; provided, however, that “land owned by a religious sect or denomination” shall not include any land zoned for or used as a school, including, but not limited to, an institution of higher education.
“Religious sect or denomination”, an organization organized predominantly for religious purposes, whether incorporated or unincorporated, and shall be: (i) exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, based on its status as a religious or apostolic association or corporation; (ii) an organization recognized by the department of revenue as a religious organization exempt from taxation pursuant to section 5 of chapter 59; or (iii) any other organization that qualifies as a religious sect or denomination for purposes of section 3.
(b)(1) No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval for the use of land owned by a religious sect or denomination for multifamily housing.
(2) Multifamily housing constructed pursuant to this section shall not be subject to any municipal ordinances, bylaws or regulations, or other municipal development standards or conditions of approval, that exceed applicable requirements of state law or regulation.
(c)(1) Multifamily housing shall be allowed as of right on land owned by a religious sect or denomination if the structures on the land of not more than 4 acres meet the dimensional requirements pursuant to this subsection; provided, that said 4 acres shall be the total regardless of where the boundaries of the land are located and regardless of the number of municipalities in which the land is located; provided, however, that if the underlying zoning ordinance or by-law permits greater density or height, or lower setbacks, the requirements under such zoning ordinance or by-law shall govern.
(2) Gross density shall be allowed at up to the greater of: (i) 30 units per acre; provided, that the housing shall include not less than 20 per cent of the units affordable to families and individuals with incomes of not more than 80 per cent of the area median income; or (ii) not less than 30 units per acre but not more than 50 units per acre if the housing includes either: (A) at least 25 per cent of the units affordable to families and individuals with incomes of not more than 80 per cent of the area median income; or (B) not less than 20 per cent of the units affordable to families and individuals with incomes of not more than 60 per cent of the area median income.
(3)(A) Structures on the land owned by a religious institution may have a height of up to the greater of: (i) the height of existing structures prior to development pursuant to this section; (ii) 4 full stories; (iii) 45 feet; or (iv) any greater number of stories or building height allowed under the zoning ordinance or by-law for the zoning district in which the land is located.
(B) A minimum of 15 feet of side yard setback and 15 feet of rear yard setback shall apply unless the underlying zoning ordinance or by-law requires a lower minimum setback.
(d) No off-street parking spaces shall be required for multifamily housing developed on land owned by a religious sect or denomination that is located not more than 0.5 miles from a commuter rail station, ferry terminal or bus station and not more than 1 parking space per unit shall be required for multifamily housing developed on land that is more than 0.5 miles from a commuter rail station, ferry terminal or bus station.
(e) All multifamily housing developed on land owned by a religious sect or denomination under this section shall comply with state water resources regulations and standards established by the department of environmental protection.
(f) No local occupancy preference shall be permitted in excess of 20 per cent of the multifamily housing units developed on land owned by a religious sect or denomination pursuant to this section. Any local preference shall comply with all applicable federal and state fair housing laws and shall include current residents, employees of the municipality and local businesses, including persons hired to work in the municipality and households with children attending the municipality’s schools.
(g) Not more than 2 housing units or 5 per cent of the total multifamily housing units developed under this section, whichever is less, may be set aside for occupancy by employees of the religious sect or denomination owning the land.
(h) The executive office of housing and livable communities may promulgate regulations or guidelines, as necessary, to implement this section.
SECTION 43. Section 3C of said chapter 40A, inserted by section 42, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) A city or town that adopts commercial conversion as of right zoning pursuant to this section may provide any of the following local contributions: (i) a tax increment exemption for adaptive reuse pursuant to section 5P of chapter 59; (ii) adoption of a streamlined approval process pursuant to paragraph (3) of subsection (b); or (iii) any other local contributions as determined by the executive office.
SECTION 44. Section 5 of said chapter 40A, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “appeals”, in line 6, the following words:- , a mayor.
SECTION 45. Said section 5 of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 92, the words “or (c) open-space residential development” and inserting in place thereof the following words:- (c) open-space residential development; or (d) commercial conversion pursuant to section 3C.
SECTION 46. Section 6 of said chapter 40A, as so appearing, is hereby amended by inserting after the word “to”, in line 13, the following words:- a structure used for commercial conversion pursuant to section 3C, to the extent allowed by section 3C or.
SECTION 47. Said section 6 of said chapter 40A, as so appearing, is hereby further amended by striking out, in lines 34 to 38, inclusive, the words “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 a period of 3 years after the issuance of the special permit or site plan approval and” and inserting in place thereof the following words:- or a permit for commercial conversion issued pursuant to section 3C 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 a period of 3 years after the issuance of the special permit, site plan approval or permit for commercial conversion.
SECTION 48. Said chapter 40A is hereby further amended by inserting after section 7 the following section:-
Section 7A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Bulk and height of structures”, the articulation and roof lines of structures; provided, however, that performance standards governing bulk and height of structures shall not be more restrictive than the dimensional requirements set forth in the ordinance or by-law, nor require specific building materials. Articulation, as used herein, shall refer to the following strategies to address building massing: wall offsets, height variation, wall setbacks, accent lines, stepbacks or such other industry standard types of articulation as may be proposed by the petitioner.
“Designated authority”, the local municipal board, committee or officials designated in the zoning ordinance or by-law to conduct site plan review.
“Performance standards”, written municipal zoning regulations, published industry standards and best practices, applicable to site plans and relative to traffic circulation and safety, pedestrian safety and access, off-street parking and loading, emergency vehicle access, stormwater drainage, screening, bulk and height of structures, exterior lighting and storage or other outdoor service areas.
(b) Substantive provisions of site plan review, including content of submittal requirements and applicable performance standards, governing site plan review and approval by the designated authority or authorities shall be as set forth within a local ordinance or by-law adopted pursuant to section 5.
(c) Performance standards shall be reasonably definite and objective. No zoning by-law or ordinance shall include performance standards governing the aesthetics of structures. The designated authority may, where such action is in the public interest and not inconsistent with the intent and purpose of this section, waive strict compliance with the performance standards for site plan review. The designated authority may adopt, and from time to time amend, written procedural rules and regulations to implement the local site plan review ordinance or by-law, including provisions for the imposition of reasonable fees for the employment of outside consultants in the same manner as set forth in section 53G of chapter 44.
(d)(1) A zoning ordinance or by-law may establish applicability standards for projects that are subject to site plan review, which may include a category of projects that shall be subject to a minor or administrative site plan review process.
(2) The zoning ordinance or by-law may require a public hearing in accordance with section 11 for projects that meet or exceed specified thresholds under the zoning ordinance or by-law.
(3) The decision of the designated authority for a use allowed as of right, or for a use requiring a special permit but reviewed by a separate designated authority, shall require a simple majority vote of the designated authority and shall be made within the time limits prescribed by ordinance or by-law, not to exceed 90 days from the date of filing of a complete application or such extended time as may be agreed in writing by the petitioner. The submission and review process for a site plan required in connection with the issuance of a special permit, and subject to review by the same permit granting authority as the special permit application, shall be conducted with the review of the special permit application in a coordinated process and may require the same quantum of vote required for approval of a special permit.
(4) The ordinance or by-law may establish the designated authority to be the building commissioner, director of planning or other municipal official who coordinates administrative site plan review with other municipal employees, in which instance there shall be no vote requirement for site plan review.
(5) Any appeal from administrative site plan review shall be in accordance with section 17 unless an ordinance or by-law first provides for an appeal to another public body of the municipality. In no instance shall the issuance or denial of a building permit be a prerequisite to the filing of a civil action under this section.
(e) Site plan review shall impose only those conditions that are necessary to ensure substantial compliance of the proposed use of land or structures with the requirements of the zoning ordinance or by-law; provided, that no condition shall impose restrictions greater than those expressly regulated within the zoning ordinance or by-law and no conditions shall be imposed regarding matters over which jurisdiction exclusively lies in another body pursuant to any general or special law; and provided further, that any off-site conditions shall only address direct adverse impacts related to performance standards expressly governed by the zoning ordinance or by-law and which conditions are proportionate in both nature and extent to the impacts of the project on adjacent properties or adjacent roadways.
(f) A site plan application may be denied only on the grounds that: (i) the proposed site plan does not meet the specific requirements set forth in the zoning ordinance or by-law; or (ii) the petitioner failed to submit the information and fees required by the zoning ordinance or by-law necessary for an adequate and timely review of the design of the proposed land or structures.
(g)(1) The designated authority shall cause to be made a detailed record of its proceedings pursuant to subsection (d), indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 14 days in the office of the city or town clerk and shall be deemed a public record. Notice of the decision shall be mailed forthwith to the petitioner and, if such site plan review required a public hearing pursuant to the zoning ordinance or by-law, to the parties in interest designated in section 11.
(2) Each notice shall specify that appeals, if any, shall be made pursuant to section 17 and shall be filed within 20 days after the date of filing of such notice in the office of the city or town clerk. Failure by the designated authority to take final action within said 90 days or extended time, if applicable, shall be deemed to be an approval of the site plan. The petitioner who seeks such approval by reason of the failure of the designated authority to act within such time prescribed shall notify the city or town clerk, in writing, within 14 days from the expiration of said 90 days or extended time, if applicable, of such approval.
(3) If the site plan review requires a public hearing, the petitioner shall send such notice to parties in interest designated in section 11 by mail and each notice shall specify that appeals, if any, shall be made pursuant to section 17 and shall be filed within 20 days after the date the city or town clerk received such written notice from the petitioner that the designated authority failed to act within the time prescribed. After the expiration of 20 days without notice of appeal pursuant to section 17, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has become final, the city or town clerk shall issue a certificate stating the date of approval, the fact that the designated authority failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner.
(h) A site plan approval granted under this section shall lapse within a specified period of time, not less than 3 years from the date of the filing of such approval with the city or town clerk, if substantial use or construction has not yet begun, except as extended for good cause by the designated authority. The specified period shall not include time required to pursue or await the determination of an appeal under section 17 or to pursue or await the appeal of any other permit, license, determination or approval that are prerequisites to issuance of a building permit. The minimum period of 3 years may, by ordinance or by-law, be increased.
SECTION 49. Section 14 of said chapter 40A, as appearing in the 2024 Official Edition, is hereby amended by inserting after clause (4) the following clause:-
(5) To hear and decide applications for commercial conversion upon which the board is empowered to act pursuant to subsection (b) of section 3C.
SECTION 50. Section 15 of said chapter 40A, as so appearing, is hereby amended by striking out, in lines 36 and 37, the words “The board of appeals shall hold a hearing on any appeal, application or petition within sixty-five” and inserting in place thereof the following words:- Except as provided under paragraph (3) of subsection (b) of section 3C, the board of appeals shall hold a hearing on any appeal, application or petition within 65.
SECTION 51. Said section 15 of said chapter 40A, as so appearing, is hereby further amended by inserting, after the word “to”, in line 51, the following words:- permits for commercial conversion, as provided for in paragraph (3) of subsection (b) of section 3C, and.
SECTION 52. The fourth paragraph of section 4 of chapter 40G of the General Laws, as so appearing, is hereby amended by striking out clause (8) and inserting in place thereof the following clause:-
(8) the enterprise shall report adequate financial data to the MTDC and provide MTDC with sufficient control over the management of the enterprise, so as to protect the investment of the MTDC, including, in the discretion of the board, right of access to financial and other records of the enterprise.
SECTION 53. Said section 4 of said chapter 40G, as so appearing, is hereby further amended by striking out, in line 68, the figure “$1,000,000” and inserting in place thereof the following figure:- $2,000,000.
SECTION 54. Said section 4 of said chapter 40G, as so appearing, is hereby further amended by striking out, in line 69, the figure “$2,000,000” and inserting in place thereof the following figure:- $4,000,000.
SECTION 55. Said section 4 of said chapter 40G, as so appearing, is hereby further amended by striking out, in lines 82 to 94, paragraph (2).
SECTION 56. Section 6 of said chapter 40G, as so appearing, is hereby amended by striking out, in line 2, the word “ninety” and inserting in place thereof the following figure:- 120.
SECTION 57. Said section 6 of said chapter 40G, as so appearing, is hereby further amended by striking out, in lines 5 to 7, inclusive, the words “and the number of persons hired as a result of the activities of the corporation who were recipients of programs provided for in chapter 115, 117A, or 118”.
SECTION 58. Chapter 40J of the General Laws is hereby amended by striking out section 3 and inserting in place thereof the following section:-
Section 3. (a) There is hereby created a body, politic and corporate, to be known as the Massachusetts Technology Park Corporation, hereinafter referred to as the corporation. The corporation is hereby constituted a public instrumentality of the commonwealth and the exercise by the corporation of the powers conferred in this chapter shall be deemed and held to be an essential governmental function. The corporation is hereby placed in the executive office of economic development but shall not be subject to the supervision or control of the department or of any board, bureau, department or other agency of the commonwealth except as specifically provided in this chapter.
(b)(1) The corporation shall be governed and its corporate powers exercised by a board of directors, which shall consist of: the secretary of economic development or a designee; the secretary of administration and finance or a designee; the commissioner of higher education or a designee; and 15 persons to be appointed by the governor, 2 of whom shall be appointed from a list of persons nominated by the president of the senate, 2 of whom shall be appointed from a list of persons nominated by the speaker of the house of representatives, 2 of whom shall be chief executive officers of post-secondary educational institutions or distinguished members of the engineering or scientific faculties of those institutions, or members of other appropriate faculties, and of those 2, at least 1 shall represent a public post-secondary educational institution, and 6 of whom shall represent businesses concerned with any technology which may be subject to this chapter and 2 of whom shall be recommended by the Massachusetts AFL-CIO.
(2) Each director appointed from the list of nominations recommended by the president of the senate and the speaker of the house of representatives shall serve a term of 2 years to be coterminous with the legislative session of the general court. Each director appointed by the governor shall serve for a term of 5 years and thereafter until the director’s successor is appointed. A person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for the unexpired term of the predecessor director.
(3) A director shall be eligible for reappointment. A director may be removed by the governor for cause. Nine directors shall constitute a quorum and the affirmative vote of a majority of the directors present and eligible to vote at a meeting shall be necessary for any action to be taken by the board. The directors shall serve without compensation, but each director shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties.
(4) The board shall meet not less than 4 times each year and shall have final authority over the activities of the corporation.
(5) The secretary of economic development or a designee shall serve as chairperson. The board shall biennially elect from among its members a vice-chairperson and may designate a treasurer and a secretary, who need not be members of the board. The secretary shall keep a record of the proceedings of the corporation and shall be the custodian of all books, documents and papers filed with the corporation and its official seal. The secretary shall cause copies to be made of all minutes and other records and documents of the corporation and shall certify that such copies are true copies and all persons dealing with the corporation may rely upon such certification. The treasurer shall be the chief financial and accounting officer of the corporation and shall be in charge of its funds, books of account and accounting records.
(d) The executive committee of the board shall consist of the chairperson, the vice-chairperson and not less than 3 individuals elected biennially by the board from among its members, 1 of whom shall be a board member representing a post-secondary educational institution and 1 of whom shall be a board member from a business. The executive committee shall have all the powers of the board between meetings of the board, to be exercised in accordance with by-laws established by the board. The executive committee shall meet as often as considered necessary by the committee.
(e) Any action required or permitted to be taken at a meeting of the directors may be taken without a meeting if all of the directors consent in writing to such action and such written consent is filed with the records of the minutes of the meetings of the board. Such consent shall be treated for all purposes as a vote at a meeting.
(f) Chapter 268A shall apply to all directors, officers and employees of the corporation except that the corporation may purchase from, sell to, borrow from, contract with or otherwise deal with any organization in which any director of the corporation is in any way interested or involved; provided, however, that such interest or involvement shall be disclosed in advance to the directors and recorded in the minutes of the proceedings of the corporation; and provided further, that no director having such an interest or involvement shall participate in any decision relating to such organization.
(g) Neither the corporation nor any of its officers, directors, agents, employees, consultants or advisors shall be subject to section 3B of chapter 7, sections 9A, 45, 46 and 52 of chapter 30, chapter 31, or sections 27 to 27E, inclusive, of chapter 149; provided, however, that in purchasing products or services, the corporation shall at all times follow generally accepted good business practices.
(h) All officers and employees of the corporation having access to its cash or negotiable securities shall give bond to the corporation at its expense, in such amount and with such surety as the board may prescribe. The persons required to give bond may be included in 1 or more blanket or scheduled bonds.
(i) Directors and officers who are not regular, compensated employees of the corporation shall not be liable to the commonwealth, to the corporation or to any other person as a result of their activities, whether ministerial or discretionary, as such directors or officers except for willful dishonesty or intentional violations of law. The board of the corporation may purchase liability insurance for directors, officers and employees and may indemnify said persons against the claims of others.
SECTION 58A. Section 5 of chapter 40V of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “department”, in lines 19 and 20, the following words:- ; provided, that the department may authorize up to $5,000,000 in credits to an individual project.
SECTION 59. Section 56 of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This section shall not prohibit payment to be made for: (i) school travel prior to the date of travel; (ii) the payment of software licenses, software maintenance agreements or online subscription services for school curriculum prior to the fiscal year in which services shall be rendered; or (iii) the payment of estimates issued by utilities for make-ready work to facilitate access to utility poles, conduits, ducts or rights-of-way related to broadband infrastructure projects.
SECTION 60. Section 5 of chapter 44B of the General Laws, as so appearing, is hereby amended by inserting after the word “sites”, in line 49, the following words:- and may recommend a preference for projects developed under zoning adopted pursuant to section 3C of chapter 40A.
SECTION 61. Said section 5 of said chapter 44B is hereby further amended by striking out the words “and may recommend a preference for projects developed under zoning adopted pursuant to section 3C of chapter 40A”, inserted by section 60.
SECTION 62. Chapter 59 of the General Laws is hereby amended by inserting after section 5O the following 2 sections:-
Section 5P. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Adaptive reuse”, as defined in section 3C of chapter 40A.
“Executive office”, the executive office of housing and livable communities.
“Zoning”, as defined in section 1A of chapter 40A.
(b) A city or town that adopts commercial conversion as of right zoning pursuant to section 3C of chapter 40A may adopt a tax increment exemption for an adaptive reuse project. The exemption amount shall be not less than 10 per cent and not more than 100 per cent of the incremental value attributable to the residential portion of an adaptive reuse project allowed as of right under zoning established pursuant to said section 3C of said chapter 40A for a period of not less than 5 years and not more than 20 years. The legislative body of the city or town shall establish the percentage and term of the exemption, subject to the charter of the city or town and the approval of the executive office.
(c) The executive office may promulgate regulations for the administration of this section.
Section 5Q. (a) Any city or town that accepts this section may grant an exemption of up to the full amount of the taxable valuation of multifamily housing developed on land owned by a religious sect or denomination pursuant to section 3D of chapter 40A. A city or town that accepts this section shall adopt an ordinance or by-law specifying the method for negotiating and approving exemptions pursuant to this section. This section shall take effect in any city or town only upon its acceptance by such city or town.
(b) The executive office of housing and livable communities may promulgate regulations for the administration of this section.
SECTION 63. Paragraph (2) of subsection (l) of section 6 of chapter 62 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 543, the words “12 month period” and inserting in place thereof the following words:- 24-month period.
SECTION 63A. Said subsection (l) of said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following paragraph:-
(9) A motion picture for which a tax credit is issued pursuant to this subsection shall include a credit and a logo, approved by the commissioner, in consultation with the Massachusetts film office, stating that the motion picture was filmed in Massachusetts and displaying a logo designed and approved by the Massachusetts film office. The credit shall include the following title: “Proudly Made in Massachusetts”.
SECTION 64. Subsection (r) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) A taxpayer, to the extent authorized by the life sciences tax incentive program established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount and schedule determined by the Massachusetts Life Sciences Center in consultation with the department of revenue. The credit allowed under this section shall be taken only after the taxpayer executes a written agreement pursuant to paragraph (3) of subsection (d) of said section 5 of said chapter 23I.
SECTION 65. Paragraph (2) of said subsection (r) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 920, the figure “50” and inserting in place thereof the following figure:- 25.
SECTION 66. Said subsection (r) of said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
(5) If the Massachusetts Life Sciences Center revokes the certification of a life sciences company pursuant to paragraph (2) of subsection (e) of section 5 of chapter 23I, a portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to the date on which the Massachusetts Life Sciences Center makes the determination to revoke the life sciences company’s certification shall be added back as additional tax due and shall be reported as such on the return of the taxpayer for the taxable period in which the determination to revoke the certification is made. The amount of credits subject to recapture shall be proportionate to the life science company’s compliance, as determined by the Massachusetts Life Sciences Center as part of its revocation process and reported to the corporation and the department at the time certification is revoked.
(6) Nothing in this subsection shall limit the authority of the commissioner to make an adjustment to a taxpayer’s liability upon audit.
SECTION 66A. Said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 893 and 903, the figure “$30,000,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $40,000,000.
SECTION 67. Subsection (gg) of said section 6 of said chapter 62, as so appearing, is hereby amended by inserting after the word “facility”, in line 1687, the following words:- in the case of an owner, and not more than 50 per cent of the owner and tenant’s combined total capital investment in a climatetech facility in the case of a tenant.
SECTION 68. Said subsection (gg) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in line 1702, the words “has made a” and inserting in place thereof the following words:- and tenant have made a combined.
SECTION 69. Subsection (hh) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) A taxpayer, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount and schedule determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue. The credit allowed under this section shall be taken only after the taxpayer executes a contract pursuant to paragraph (3) of subsection (d) of section 16 of chapter 23J.
SECTION 70. Said subsection (hh) of said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
(6) If the Massachusetts clean energy technology center revokes the certification of a climatetech company pursuant to paragraph (2) of subsection (c) of section 16 of chapter 23J, a portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to the date on which the Massachusetts clean energy technology makes the determination to revoke the climatetech company’s certification shall be added back as additional tax due and shall be reported as such on the return of the taxpayer for the taxable period in which the determination to revoke the certification is made. The amount of credits subject to recapture shall be proportionate to the climatetech company’s compliance, as determined by the Massachusetts clean energy technology center as part of its revocation process and reported to the climatetech company and the department at the time certification is revoked.
(7) Nothing in this subsection shall limit the authority of the commissioner to make an adjustment to a taxpayer’s liability upon audit.
SECTION 70A. Said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following subsection:-
(ll)(1) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Development costs”, ordinary and necessary costs directly attributable to qualified digital game development, including, but not limited to, software engineering, programming, game design, writing, art, animation, visual effects, audio production, music composition, quality assurance, localization, user interface and user experience design, performance capture, motion capture, testing, live operations, post-launch support, downloadable content, development hardware and software, licensing costs directly related to development and professional services directly related to development. “Development costs” shall not include expenditures for marketing, advertising, promotion, distribution, general corporate overhead unrelated to qualified digital game development, financing costs, lobbying expenses, costs associated with the transfer of tax credits or amounts reimbursed by the commonwealth.
“Digital game development company”, a corporation, partnership, limited liability company or other business entity engaged in qualified digital game development. “Digital game development company” shall not include any company that is more than 25 per cent owned, affiliated or controlled by any company or person that is in default on a loan made by the commonwealth or a loan guaranteed by the commonwealth.
“Massachusetts development costs”, development costs attributable to property used or services performed within the commonwealth directly related to qualified digital game development.
“Massachusetts payroll”, salaries, wages and other compensation constituting Massachusetts source income and paid to employees directly engaged in qualified digital game development. “Massachusetts payroll” shall not include any compensation paid to any individual employee in excess of $1,000,000 during the taxable year.
“Qualified digital game development”, the design, development, programming, engineering, production, testing, modification, localization, deployment, maintenance, support or live operation of an interactive digital game intended for commercial distribution or use on a computer, console, mobile device, cloud-based platform or other digital platform, including downloadable content, expansion content, post-launch content updates and game development tools developed for commercial use. “Qualified digital game development” shall not include: (i) software developed primarily for the internal operations of a business; (ii) internet websites or applications whose primary purpose is advertising, marketing or electronic commerce; (iii) gambling, casino gaming, sports wagering or fantasy sports platforms; or (iv) products developed primarily for political advocacy.
“Qualified digital game development project”, a project undertaken by a digital game development company for qualified digital game development that has been certified by the secretary pursuant to this subsection.
“Secretary”, the secretary of economic development.
(2) A digital game development company shall be allowed a credit against the taxes imposed by this chapter, for a qualified digital game development project, equal to 25 per cent of: (i) Massachusetts payroll; and (ii) Massachusetts development costs other than Massachusetts payroll; provided, however, that Massachusetts development costs shall equal or exceed $50,000 during the taxable year; and provided further, that a qualified digital game development project shall not exceed 5 consecutive taxable years.
(3) A digital game development company shall be allowed an additional credit against the taxes imposed by this chapter equal to 25 per cent of all Massachusetts development costs, not including the payroll expenses used to claim a credit pursuant to paragraph (2), where the qualified digital game development project takes place in a gateway municipality.
(4) The tax credit shall be taken against the taxes imposed under this chapter and shall, at the election of the taxpayer, be refundable to the extent provided for in section 6L. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(5)(i) All or any portion of tax credits issued in accordance with this subsection may be transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter 63. Any tax credit that is transferred, sold or assigned and taken against taxes imposed by this chapter or said chapter 63 shall not be refundable. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer or assignee to any of the 5 subsequent taxable years from which a certificate is initially issued by the department of revenue.
(ii) An owner, transferee or assignee desiring to make a transfer, sale or assignment shall submit to the commissioner a statement that describes the amount of tax credit for which the transfer, sale or assignment of tax credit is eligible. The owner, transferee or assignee shall provide to the commissioner such information as the commissioner may require for the proper allocation of the credit. The commissioner shall provide to the taxpayer a certificate of eligibility to transfer, sell or assign the tax credits. The commissioner shall not issue a certificate to a taxpayer that has an outstanding tax obligation with the commonwealth in connection with any qualified digital game development project for any prior taxable year. A tax credit shall not be transferred, sold or assigned without a certificate.
(6) Notwithstanding any other provision of this subsection, aggregate salary and compensation amounts including all per diems, housing and other allowances, paid to, or for the services of, an individual shall not qualify for the credit under this section or for the credit under section 38XX of chapter 63 to the extent that such amounts exceed $2,000,000.
(7) The secretary, in consultation with the commissioner, shall establish procedures for the certification of digital game development projects, digital game development companies and Massachusetts development costs.
(8) The commissioner, in consultation with the secretary, shall promulgate such rules and regulations as necessary for the administration of this subsection.
SECTION 71. Section 6J of said chapter 62, as so appearing, is hereby amended by inserting after the word “criteria”, in line 46, the following words:- , and there shall be a preference for projects that are adaptive reuse allowed as-of-right in commercially zoned districts pursuant to section 3C of chapter 40A.
SECTION 72. Said section 6J of said chapter 62 is hereby further amended by striking out the words “, and there shall be a preference for projects that are adaptive reuse allowed as-of-right in commercially zoned districts pursuant to section 3C of chapter 40A”, inserted by section 71.
SECTION 73. Subsection (b) of section 21 of chapter 62C of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following 3 paragraphs:-
(32) the disclosure to the Massachusetts Life Sciences Center established in section 3 of chapter 23I of return and wage reporting information of a life sciences company certified pursuant to subsection (b) of section 5 of said chapter 23I, that is: (i) received by the commissioner pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the life sciences tax incentive program authorized by subsection (d) of said section 5 of said chapter 23I.
(33) the disclosure to the Massachusetts clean energy technology center established in section 2 of chapter 23J of return and wage reporting information of a climatetech company certified pursuant to subsection (b) of section 16 of said chapter 23J, that is: (i) received by the commissioner pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the climatetech tax incentive program authorized by paragraph (1) of subsection (d) of said section 16 of said chapter 23J.
(34) the disclosure to the Massachusetts clean energy technology center established in section 2 of chapter 23J of return and wage reporting information of an offshore wind company certified pursuant to subsection (b) of section 8A of said chapter 23J, that is: (i) received by the commissioner pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the offshore wind tax incentive program authorized by subsection (d) of said section 8A of said chapter 23J.
SECTION 73A. Section 31A of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 109, the word “three” and inserting in place thereof the following figure:- 6.
SECTION 74. Section 38R of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word “criteria”, in line 45, the following words:- , and there shall be a preference for projects that are adaptive reuse allowed as-of-right in commercially zoned districts pursuant to section 3C of chapter 40A.
SECTION 75. Said section 38R of said chapter 63 is hereby further amended by striking out the words “, and there shall be a preference for projects that are adaptive reuse allowed as-of-right in commercially zoned districts pursuant to section 3C of chapter 40A”, inserted by section 74.
SECTION 76. Section 38U of said chapter 63, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 51 and 52, the words “neither credit allowed by section 31A nor section 31H is taken” and inserting in place thereof the following words:- the credit allowed by section 31H is not taken.
SECTION 77. Section 38X of said chapter 63, as so appearing, is hereby amended by striking out, in line 49, the words “12 month period” and inserting in place thereof the words:- 24-month period.
SECTION 77A. Said section 38X of said chapter 63, as so appearing, is hereby further amended by adding the following subsection:-
(h) A motion picture for which a tax credit is issued pursuant to this section shall include a credit and a logo, approved by the commissioner, in consultation with the Massachusetts film office, stating that the motion picture was filmed in Massachusetts and displaying a logo designed and approved by the Massachusetts film office. The credit shall include the following title: “Proudly Made in Massachusetts”.
SECTION 77B. Section 38BB of said chapter 63, as so appearing, is hereby amended by striking out, in lines 42 and 53, the figure “$30,000,000” and inserting in place thereof, in each instance, the following figure:- $40,000,000.
SECTION 78. Section 38CC of said chapter 63, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) A taxpayer, to the extent authorized by the life sciences tax incentive program established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount and schedule determined by the Massachusetts Life Sciences Center in consultation with the department. The credit allowed under this section shall be taken only after the taxpayer executes a contract pursuant to paragraph (3) of subsection (d) of section 5 of chapter 23I.
SECTION 79. Subsection (b) of said section 38CC of said chapter 63, as so appearing, is hereby amended by striking out, in line 7, the figure “50” and inserting in place thereof the following figure:- 25.
SECTION 80. Subsection (c) of said section 38CC of said chapter 63, as so appearing, is hereby amended by adding the following sentence:- If the taxpayer is subject to a minimum excise under this chapter, the amount of the credit allowed by this section shall not reduce the excise to an amount less than the minimum excise.
SECTION 81. Subsection (d) of said section 38CC of said chapter 63, as so appearing, is hereby amended by striking out, in line 20, the figure “30,000,000” and inserting in place thereof the following figure:- 40,000,000.
SECTION 82. Said section 38CC of said chapter 63, as so appearing, is hereby further amended by adding the following 2 subsections:-
(e) If the Massachusetts Life Sciences Center revokes the certification of a life sciences company pursuant to paragraph (2) of subsection (e) of section 5 of chapter 23I, a portion of the tax credit otherwise allowed by this section and claimed by the company prior to the date on which the Massachusetts Life Sciences Center makes the determination to revoke its certification shall be added back as additional tax due and shall be reported as such on the return of the taxpayer for the taxable period in which the determination to revoke the certification is made. The amount of credits subject to recapture shall be proportionate to the company’s compliance, as determined by the Massachusetts Life Sciences Center as part of its revocation process and reported to the corporation and the department at the time certification is revoked.
(f) Nothing in this section shall limit the authority of the commissioner of revenue to make an adjustment to a corporation’s liability upon audit.
SECTION 83. Section 38RR of said chapter 63, as so appearing, is hereby amended by inserting after the word “facility”, in line 29, the following words:- in the case of an owner, and not more than 50 per cent of the owner and tenant’s combined total capital investment in a climatetech facility in the case of a tenant.
SECTION 84. Said section 38RR of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 44 and 45, the words “owner’s total capital investment in the facility equals” and inserting in place thereof the following words:- owner and tenant have made a combined total capital investment in the facility that is.
SECTION 85. Section 38TT of said chapter 63, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(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 and schedule determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue. The credit allowed under this section shall be taken only after the taxpayer executes a written agreement pursuant to paragraph (3) of subsection (d) of said section 16 of said chapter 23J.
SECTION 86. Said section 38TT of said chapter 63, as so appearing, is hereby further amended by adding the following 2 subsections:-
(e) If the Massachusetts clean energy technology center revokes the certification of a climatetech company pursuant to paragraph (2) of subsection (c) of section 16 of chapter 23J, a portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to the date on which the Massachusetts clean energy technology makes the determination to revoke the climatetech company’s certification shall be added back as additional tax due and shall be reported as such on the return of the taxpayer for the taxable period in which the determination to revoke the certification is made. The amount of credits subject to recapture shall be proportionate to the climatetech company’s compliance, as determined by the Massachusetts clean energy technology center as part of its revocation process and reported to the climatetech company and the department at the time certification is revoked.
(f) Nothing in this section shall limit the authority of the commissioner of revenue to make an adjustment to a corporation's liability upon audit.
SECTION 86A. Said chapter 63 is hereby further amended by inserting after section 38WW the following section:-
Section 38XX. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Commissioner”, the commissioner of revenue.
“Development costs”, ordinary and necessary costs directly attributable to qualified digital game development, including, but not limited to, software engineering, programming, game design, writing, art, animation, visual effects, audio production, music composition, quality assurance, localization, user interface and user experience design, performance capture, motion capture, testing, live operations, post-launch support, downloadable content, development hardware and software, licensing costs directly related to development and professional services directly related to development. “Development costs” shall not include expenditures for marketing, advertising, promotion, distribution, general corporate overhead unrelated to qualified digital game development, financing costs, lobbying expenses, costs associated with the transfer of tax credits or amounts reimbursed by the commonwealth.
“Digital game development company”, a corporation, partnership, limited liability company or other business entity engaged in qualified digital game development. “Digital game development company” shall not include any company that is more than 25 per cent owned, affiliated or controlled by any company or person that is in default on a loan made by the commonwealth or a loan guaranteed by the commonwealth.
“Massachusetts development costs”, development costs attributable to property used or services performed within the commonwealth directly related to qualified digital game development.
“Massachusetts payroll”, salaries, wages and other compensation constituting Massachusetts source income and paid to employees directly engaged in qualified digital game development. “Massachusetts payroll” shall not include any compensation paid to any individual employee in excess of $1,000,000 during the taxable year.
“Qualified digital game development”, the design, development, programming, engineering, production, testing, modification, localization, deployment, maintenance, support or live operation of an interactive digital game intended for commercial distribution or use on a computer, console, mobile device, cloud-based platform or other digital platform, including downloadable content, expansion content, post-launch content updates and game development tools developed for commercial use. “Qualified digital game development” shall not include: (i) software developed primarily for the internal operations of a business; (ii) internet websites or applications whose primary purpose is advertising, marketing or electronic commerce; (iii) gambling, casino gaming, sports wagering or fantasy sports platforms; or (iv) products developed primarily for political advocacy.
“Qualified digital game development project”, a project undertaken by a digital game development company for qualified digital game development that has been certified by the secretary pursuant to this section.
“Secretary”, the secretary of economic development.
(b) A digital game development company shall be allowed a credit against the taxes imposed by this chapter, for a qualified digital game development project, equal to 25 per cent of: (i) Massachusetts payroll; and (ii) Massachusetts development costs other than Massachusetts payroll; provided, however, that Massachusetts development costs shall equal or exceed $50,000 during each taxable year; and provided further, that a qualified digital game development project shall not exceed 5 consecutive taxable years.
(c) A digital game development company shall be allowed an additional credit against the taxes imposed by this chapter equal to 25 per cent of all Massachusetts development costs, not including the payroll expenses used to claim a credit pursuant to subsection (b), where the qualified digital game development project takes place in a gateway municipality.
(d) The tax credit shall be taken against the taxes imposed under this chapter and shall, at the election of the taxpayer, be refundable to the extent provided for in section 32E. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(e)(1) All or any portion of tax credits issued in accordance with the provisions of this section may be transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter 62. Any tax credit that is transferred, sold or assigned and taken against taxes imposed by this chapter or said chapter 62 shall not be refundable. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer or assignee to any of the 5 subsequent taxable years from which a certificate is initially issued by the department of revenue.
(2) An owner, transferee or assignee desiring to make a transfer, sale or assignment shall submit to the commissioner a statement that describes the amount of tax credit for which the transfer, sale or assignment of tax credit is eligible. The owner, transferee or assignee shall provide to the commissioner such information as the commissioner may require for the proper allocation of the credit. The commissioner shall provide to the taxpayer a certificate of eligibility to transfer, sell or assign the tax credits. The commissioner shall not issue a certificate to a taxpayer that has an outstanding tax obligation with the commonwealth in connection with any qualified digital game development project for any prior taxable year. A tax credit shall not be transferred, sold or assigned without a certificate.
(f) Notwithstanding any other provision of this section, aggregate salary and compensation amounts including all per diems, housing and other allowances, paid to, or for the services of, an individual shall not qualify for the credit under this section or for the credit under paragraph (2) of subsection (ll) of section 6 of chapter 62 to the extent that such amounts exceed $2,000,000.
(g) The secretary, in consultation with the commissioner, shall establish procedures for the certification of qualified digital game development projects, digital game development companies and Massachusetts development costs.
(h) The commissioner, in consultation with the secretary, shall promulgate regulations as necessary for the administration of this section.
SECTION 86B. Section 1 of chapter 64H of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the following 2 definitions:-
“Development costs”, as defined in subsection (ll) of section 6 of chapter 62.
“Digital game development company”, as defined in subsection (ll) of section 6 of chapter 62.
SECTION 86C. Said section 1 of said chapter 64H, as so appearing, is hereby further amended by inserting after the definition of “Purchaser” the following 2 definitions:-
“Qualified digital game development”, as defined in subsection (ll) of section 6 of chapter 62.
“Qualified digital game development project”, as defined in subsection (ll) of section 6 of chapter 62.
SECTION 87. Section 6 of chapter 64H of the General Laws is hereby amended by striking out, in line 526, as so appearing, the figure “5” and inserting in place thereof the following figure:- 10.
SECTION 88. Said section 6 of said chapter 64H is hereby further amended by striking out, in lines 527 and 528, as so appearing, the figure “1,000,000” and inserting in place thereof, in each instance, the following figure:- 2,000,000.
SECTION 89. Subsection (ww) of said section 6 of said chapter 64H, as so appearing, is hereby amended by striking out the words “12 month period” and inserting in place thereof, in each instance, the following words:- 24-month period.
SECTION 89A. Said section 6 of said chapter 64H, as amended by section 22 of chapter 101 of the acts of 2026, is hereby further amended by adding the following subsection:-
(bbb)(1) Sales of tangible personal property to a qualifying digital game development company for development costs related to a qualified digital game development project.
(2) For the purposes of this subsection, a qualifying digital game development company shall incur in the aggregate not less than $50,000 in Massachusetts development costs with respect to a qualified digital game development project over a period not to exceed 5 consecutive taxable years and shall obtain a certification of the secretary of economic development and the approval of the commissioner.
(3) Any digital game development company that intends to undertake a qualified digital game development project in the commonwealth and qualify for the exemption provided by this subsection shall provide an estimate of the total Massachusetts development costs expected to be incurred in connection with such project and shall designate a member or representative of the digital game development company as a primary liaison with the commissioner for the purpose of facilitating the proper reporting of expenditures and other information as required by the commissioner. The estimate of Massachusetts development costs shall be filed prior to the commencement of the qualified digital game development project in the commonwealth. Any qualifying digital game development company that has been certified and approved that fails to incur $50,000 in Massachusetts development costs with respect to a qualified digital game development project over a period not to exceed 5 consecutive taxable years shall be liable for the sales taxes that would have been paid had the certification and approval not been granted. The sales taxes shall be considered due as of the date that the taxable expenditures were made.
(4) The commissioner shall promulgate rules and regulations for the implementation of this subsection.
SECTION 90. Section 2 of chapter 70B of the General Laws, as so appearing, is hereby amended by striking out, in lines 46 and 47, the words “and which meet the purposes of subsection (c) of section 9 of chapter 23J”.
SECTION 90 1/4. Section 3A of said chapter 70B, as so appearing, is hereby amended by striking out, in line 7, the figure “17” and inserting in place thereof the following figure:- 19.
SECTION 90 1/2. Said section 3A of said chapter 70B is hereby further amended by inserting after the word “Inc.”, in line 21, the following words:- , Massachusetts Association of Vocational Administrators, Inc., Alliance for Vocational Technical Education.
SECTION 90A. Section 30A of chapter 85 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
For purposes of this paragraph, a “superload” shall be any vehicle or combination of vehicles which: (i) exceeds 14 feet in width; (ii) is 14 feet in height or greater; (iii) is greater than 135 feet in length; (iv) is 199,000 pounds or greater in gross vehicle weight; or (v) is a combination of the above. Notwithstanding any general or special law to the contrary, the weight threshold for determination of a superload shall be those vehicles at or in excess of 199,000 pounds gross vehicle weight. The department shall implement an application and fee schedule for expedited superload permits authorized under this section. A superload permit may include conditions and terms as determined by the administrator, pursuant to section 37 of chapter 6C; provided, that allowances shall be made for escort flexibility, where practicable, and engineering studies conducted not more than 12 months prior.
SECTION 91. Section 1 of the chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Class 2 electric bicycle” the following definition:-
“Class 3 electric bicycle”, an electric bicycle or tricycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches or exceeds the speed of 28 miles per hour.
SECTION 92. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 104, the words “or a class 2 electric bicycle” and inserting in place thereof the following words:- , a class 2 electric bicycle or a class 3 electric bicycle; provided, that “electric bicycle” shall not include a motorized bicycle.
SECTION 93. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Massachusetts license” the following definition:-
“Micromobility device”, a small, lightweight transportation device intended for personal use as an alternative to motor vehicles for travel in public access areas including ways and bikeways, and as may be further defined by regulations promulgated by the registrar; provided, that a “micromobility device” shall not include a motor vehicle, motorcycle, motorized bicycle or moped, low speed vehicle, limited use motorcycle or low speed motorcycle.
SECTION 94. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Mobile telephone” the following definition:-
“Mobility aid device”, a device used by a pedestrian with a mobility disability to assist with indoor and outdoor locomotion, including an electric personal assistive mobility device used by a vulnerable user, a group wheelchair, a mobility cart and other such devices.
SECTION 95. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of “Motorized bicycle” and inserting in place thereof the following definition:-
“Motorized bicycle” or “moped”, a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with either a cylinder capacity not exceeding 50 cubic centimeters or the hybrid or electric powered equivalent, an automatic transmission, and which is capable of a maximum speed of not more than 30 miles per hour; provided, that “motorized bicycle” shall not include an electric bicycle.
SECTION 96. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of “Motorized scooter”.
SECTION 97. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Motor vehicles” the following definition:-
“Nationally recognized testing laboratory”, as defined in 29 C.F.R 1910.7.
SECTION 98. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Police officer” the following definition:-
“Powered micromobility device”, a micromobility device that has an onboard motor capable of delivering tractive power to the device either as power-assist to human powered propulsion or as sole propulsion or throttle. “Powered micromobility device” shall include electric scooters, skateboards, hoverboards and unicycles with onboard motors. “Powered micromobility device” shall not include mobility aid devices.
SECTION 99. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “School pupil” the following definition:-
“Scooter”, a powered or unpowered device without pedals where the rider can sit or stand on a footboard for typical operation.
SECTION 100. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Semi-trailer unit” the following definition:-
“Solely human powered micromobility device” or “unpowered micromobility device”, a micromobility device propelled exclusively by human muscular effort that has no onboard motor capable of delivering tractive power to the device; provided that “solely human powered micromobility device” shall include, but shall not be limited to, non-electric bicycles, unpowered scooters, skateboards, longboards, unicycles, roller skates, inline skates and other such unpowered micromobility devices. “Solely human powered micromobility device” or “unpowered micromobility device” shall not include mobility aid devices.
SECTION 101. The first paragraph of section 1B of said chapter 90, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- A motorized bicycle shall not be operated upon any way within the commonwealth without obtaining an annual registration and sticker or plate bearing a distinctive number, by an application as prescribed by the registrar. A motorized bicycle shall not be operated upon any way within the commonwealth by any person under 16 years of age, nor at a speed in excess of 25 miles per hour.
SECTION 102. Said first paragraph of said section 1B of said chapter 90, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Motorized bicycles shall be excluded from operating on bike lanes and off-street recreational bicycle paths.
SECTION 103. Said section 1B of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:-
No motorized bicycle shall be registered under this section unless the application is accompanied by a certificate as defined in section 34A or unless the registrar is otherwise satisfied that the applicant and motorized bicycle have compulsory liability insurance.
SECTION 104. Section 1C of said chapter 90, as so appearing, is hereby amended by striking out, in line 1, the words “and motorized scooters”.
SECTION 105. Section 1E of said chapter 90 is hereby repealed.
SECTION 106. Said chapter 90 is hereby further amended by inserting after section 2 the following section:-
Section 2½. (a) The registrar of motor vehicles may issue number or registration plates for motor vehicles or micromobility devices not otherwise defined in section 1; provided, that a motor vehicle or micromobility device shall not be eligible to be registered pursuant to chapter 90B.
(b) The registrar, in consultation with the division of insurance, may promulgate regulations, including, but not limited to: (i) definitions for each type of motor vehicle or micromobility devices not otherwise defined in section 1; (ii) requirements for registration and operation; (iii) any restrictions for registration and operation; (iv) equipment; (v) inspections; and (vi) insurance for the motor vehicles and micromobility devices.
SECTION 107. Section 8B of said chapter 90, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 20, the words “or motorized scooter”.
SECTION 107A. Said chapter 90 is hereby further amended by inserting after section 8N the following section:-
Section 8O. (a) For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“AAMVA”, the American Association of Motor Vehicle Administrators.
“Credential”, a license issued pursuant to section 8, a learner’s permit issued pursuant to section 8B or an identification card issued pursuant to section 8E.
“Credential holder”, the individual that has been issued a physical or electronic credential.
“Data element”, a distinct component of a customer’s information that is found on a registrar’s customer record.
“Electronic credential”, an electronic extension of a physical credential that conveys identity and driving privilege information for purposes of displaying the credential on a mobile telephone or other electronic device and is in compliance with AAMVA’s Mobile Driver License Implementation Guidelines and the ISO/IEC 18013-5 standard.
“Electronic credential system” or “system”, a digital process that includes a method for provisioning electronic credentials, requesting and transmitting electronic credential data elements and performing tasks to maintain the system.
“ISO”, the International Organization for Standardization, which creates uniform processes and procedures.
“Physical credential”, a credential issued by the registrar in its physical form.
“Provision”, the initial loading of an electronic credential onto a device.
“Relying party”, the entity to which the credential holder is presenting the electronic credential.
“Verification Process”, a method of authenticating the electronic credential through the use of secure encrypted communication.
(b)(1) The registrar shall establish an electronic credential system subject to the requirements of this section.
(2) The system shall require the registrar to issue an electronic credential to any individual who is otherwise eligible to hold a physical credential. The electronic credential shall be issued in addition to, and not instead of, a physical credential. The data elements used to build an electronic credential shall match the data elements used by the registrar for that individual’s physical credential.
(3) An electronic credential shall be valid for a specific period of time, to be established by the registrar.
(4) The registrar may contract with 1 or more entities to develop and maintain the electronic credential system.
(5) The registrar may enter into an agreement or contract with another department of the commonwealth, another state, the United States or a third party to facilitate the issuance, use or verification of an electronic credential issued under the system.
(6) An electronic credential issued by the registrar shall be in accordance with the most recent AAMVA standards.
(7) The registrar may assess a fee for the application and provision of an electronic credential.
(c) The registrar shall ensure that the: (i) electronic credential data and the verification process complies with all data security and privacy protection laws of the commonwealth and the United States; and (ii) verification process requires the relying party to: (A) authenticate electronic credentials in accordance with applicable AAMVA standards prior to acceptance of the electronic credential; and (B) request only electronic credential data elements that are necessary to complete the transaction for which that data is being requested.
(d)(1) Relying parties shall only retain electronic credential data elements for which the relying party explicitly obtained consent from the electronic credential holder. Relying parties shall inform the electronic credential holder of the use and retention period of the electronic data elements.
(2) The electronic credential system shall be designed to maximize the privacy of the credential holder in accordance with state and federal law and shall not track or compile information without the credential holder’s consent. The registrar shall only compile or disclose information regarding use of the credential as required by state or federal law.
(e)(1) The electronic credential holder shall be required to have their physical credential on their person while operating a motor vehicle.
(2) The electronic credential system shall be designed so that there is no requirement for the electronic credential holder to display or relinquish possession of their mobile or electronic device to relying parties for the acceptance of an electronic credential.
(3) Upon request by law enforcement, an electronic credential holder shall provide their physical credential.
(4) Any law or regulation that requires an individual to surrender their physical credential to law enforcement shall not apply to the device on which an electronic credential has been provisioned.
(f)(1) The display of an electronic credential shall not serve as consent or authorization for a law enforcement officer, or any person, to search, view or access any other data or application on the mobile or electronic device. If a person presents a mobile or electronic device to a law enforcement officer for purposes of displaying an electronic credential, the officer shall promptly return the device to the person once the officer has had an opportunity to verify the identity of the person.
(2) Except for willful and wanton misconduct, any law enforcement office, court or officer of the court presented with a mobile or electronic device for purposes of displaying an electronic credential shall be immune from any liability resulting from damage to the mobile or electronic device.
(g) The registrar shall promulgate rules and regulations to implement this section.
SECTION 108. Said chapter 90 is hereby further amended by adding the following section:-
Section 64. (a) For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Shared use path”, a path intended for transportation or recreational use that is designed for people of all ages and abilities on foot or using motorized or non-motorized micromobility devices and is physically separated from motorized vehicle traffic within a highway right-of-way or an independent right-of-way with few crossflows with motor vehicles.
“Speed tier 0”, all unpowered micromobility devices and powered micromobility devices with a maximum manufacturer assisted or designed speed, whichever is higher, of 20 miles per hour, including, but not limited to, unpowered micromobility devices, class 1 and class 2 electric bicycles and mobility aid devices.
“Speed tier 1”, powered micromobility devices with a maximum manufacturer assisted or designed speed, whichever is higher, between 21 miles per hour and 30 miles per hour, including, but not limited to, class 3 electric bicycles.
“Speed tier 2”, powered micromobility devices with a maximum manufacturer assisted or designed speed, whichever is higher, between 31 miles per hour and 40 miles per hour, including, but not limited to, low speed vehicles, limited use motorcycles or low speed motorcycles.
“Speed tier 3”, powered micromobility devices with a maximum manufacturer assisted or designed speed, whichever is higher, greater than 40 miles per hour.
(b) Except as otherwise provided by state or federal law or regulations of the registrar, powered micromobility devices sold, leased, rented or operated in the commonwealth shall have a minimum battery rating of UL 2271 or equivalent standard.
(c) Except as otherwise provided by state or federal law or regulations of the registrar, powered micromobility devices sold, leased, rented or operated in the commonwealth, except electric bicycles, shall have a minimum electrical system level rating of UL 2272 or equivalent standard. Electric bicycles sold, leased, rented or operated in the commonwealth shall have a minimum electrical system level rating of UL 2849 or equivalent standard.
(d) Except as otherwise provided by state or federal law or regulations of the registrar, motorized bicycles or mopeds powered by a lithium-ion battery sold, leased, rented or operated in the commonwealth shall meet or exceed an electrical system safety standard of UL 2850, as certified by a nationally recognized testing laboratory.
(e)(1)(A) Except as otherwise required by state or federal law or regulations of the registrar, speed tier 0 and speed tier 1 micromobility devices sold, leased, rented or operated in the commonwealth shall be equipped with lights, brakes and an audible warning that satisfy the requirements of section 11B of chapter 85 and federal requirements for bicycle reflectors and brakes established in 16 C.F.R. 1512.
(B) Except as otherwise required by state or federal law or regulations of the registrar, speed tier 2 and speed tier 3 micromobility devices sold, leased, rented or operated in the commonwealth shall be equipped with lights, brakes and a horn that satisfy the requirements for motor vehicles established in 49 C.F.R. 571.
(2)(A) Except as otherwise provided by state or federal law or regulations of the registrar, any person 16 years of age or younger operating a speed tier 0 micromobility device, except for a mobility aid device, or being carried as a passenger on such micromobility device on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit the person’s head, shall be secured to the person’s head by straps while the micromobility device is being operated and shall meet the standards for helmets established by the United States Consumer Product Safety Commission pursuant to 16 C.F.R. 1203. This subparagraph shall not apply to a passenger if the passenger is in an enclosed trailer or other device which adequately holds the passenger in place and protects the passenger’s head from impact in a crash.
(B) Except as otherwise provided by state or federal law or regulations of the registrar, a person operating a speed tier 1, 2 or 3 micromobility device or riding as a passenger on a micromobility device shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating such a micromobility device shall permit any other person to ride as a passenger on such micromobility device unless such passenger is wearing such protective headgear.
(3) Except as otherwise required by state or federal law or regulations of the registrar, it shall be unlawful for any person younger than 16 years of age to purchase, rent, lease or operate any micromobility device designated as a speed tier 1, speed tier 2 or speed tier 3 micromobility device; provided, however, that this restriction shall not apply to mobility aid devices.
(4) Except as otherwise required by state or federal law or regulations of the registrar, it shall be unlawful for any person younger than 16 years of age to purchase, rent, lease or operate any powered micromobility device, motorized bicycle or moped designated as a speed tier 0, speed tier 1, speed tier 2 or speed tier 3 micromobility device; provided, however, that this restriction shall not apply to solely human powered micromobility devices, unpowered micromobility devices or mobility aid devices.
(5) It shall be unlawful to operate a micromobility device with more passengers than the device was designed to accommodate by the manufacturer, except as may be allowed by regulation.
(6)(A) Except as otherwise provided by state or federal law or regulations of the registrar, speed tier 0 micromobility devices and the operator of a speed tier 0 micromobility device shall be afforded all of the rights and privileges and shall be subject to all of the duties of the operator of a bicycle or duties related to a bicycle set forth in sections 11B and 11B½ of chapter 85 or any other general or special law, regulation or local ordinance.
(B) Except as otherwise provided by state or federal law or regulations of the registrar, speed tier 1 micromobility devices and the operator of such speed tier 1 micromobility device shall be afforded all of the rights and privileges and shall be subject to all of the duties of the operator of an electric bicycle or duties related to an electric bicycle set forth in section 11B¾ of chapter 85 or any other general or special law, regulation or local ordinance.
(C) Except as otherwise provided by state or federal law or regulations of the registrar, it shall be unlawful for any speed tier 2 or speed tier 3 micromobility devices to travel on sidewalks, bike lanes, bike paths, bike routes, separated micromobility lanes or shared use paths.
(f) It shall be unlawful to make any aftermarket modifications to a micromobility device, including aftermarket modifications made to the device’s battery, to increase either the manufacturer-designed: (i) speed, range or propulsion power of a micromobility device; or (ii) passenger capacity of a micromobility device, except as may be allowed by regulation.
(g) No micromobility device shall be sold, rented, leased or operated in the commonwealth if it does not satisfy the requirements of this section for the device’s respective speed tier based on the device’s maximum manufacturer assisted or designed speed, whichever is higher.
(h) Micromobility devices shall be subject to any speed limits and speed restrictions for motor vehicles established by: (i) municipalities or the division of highways of the Massachusetts Department of Transportation pursuant to sections 17 and 18; (ii) regulations of the department under chapter 90E; or (iii) rules or regulations of the department of conservation. Violation of such speed limits and speed restrictions shall be subject to all civil and criminal fines applicable to the operation of a motor vehicle in violation of such speed limits and restrictions. Micromobility devices shall be subject to all civil and criminal fines and penalties applicable to the operation of a motor vehicle under sections 24 to 24R, inclusive, 24V and 25; provided, that administrative penalties shall not apply, unless provided by regulations of the registrar.
(i) The registrar, in consultation with the division of insurance, may promulgate regulations establishing registration, licensure, insurance, fines and other requirements for micromobility devices necessary to promote public and roadway safety.
SECTION 109. Chapter 90E of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. For the purposes of this chapter, the following words or terms shall, unless the context otherwise requires, have the following meanings:
“Bicycle”, a 2-wheel nonmotor-powered vehicle.
“Bicycle parking facility”, any facility for the temporary storage of bicycles or micromobility devices which allows the frame and the wheels of the bicycle or micromobility device to be locked so as to minimize the risk of theft and vandalism.
“Bike lane”, a lane on a street restricted to bicycles and speed tier 0 or speed tier 1 micromobility devices as defined in section 64 of chapter 90 and so designated by means of painted lines, pavement coloring or other appropriate markings; provided, however, that motorized bicycles shall not be permitted to use bike lanes.
“Bike path”, a route for the exclusive use of bicycles and speed tier 0 or speed tier 1 micromobility devices, separated by grade or other physical barrier from motor traffic; provided, however, that motorized bicycles shall not be permitted to use bike paths.
“Bike route”, a roadway shared by bicycles, micromobility devices and other forms of transportation designated by the means of signs or pavement markings.
“Bikeway”, bike paths, bike lanes and bike routes.
“Commissioner”, the administrator for highways.
“Department”, the division of highways.
SECTION 109A. The General Laws are hereby amended by inserting after chapter 93L the following chapter:-
Chapter 93M
Restraint of Trade in Film Exhibition
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Booker” or “film buyer”, any person or entity that negotiates or contracts with a distributor for the licensing of motion pictures on behalf of an exhibitor.
“Circuit dealing”, the practice of licensing motion pictures to a theater chain or circuit for all or multiple geographic areas, rather than negotiating theater-by-theater on the individual merits of each location.
“Clearance”, an agreement, explicit or implicit, between a distributor and an exhibitor that grants the exhibitor exclusive rights to show a motion picture within a specific geographic zone, thereby restricting the distributor from licensing the same motion picture to rival exhibitors.
“Day-and-date”, the simultaneous exhibition of a motion picture by 2 or more exhibitors within the same geographic booking zone beginning on the same commercial release date.
“Distributor”, any entity engaged in the business of licensing or distributing motion pictures to exhibitors, including studios, independent distributors and their parent corporations.
“Exhibitor”, any person or entity engaged in the business of operating a movie theater for the public viewing of motion pictures.
“Independent exhibitor”, an exhibitor operating 3 or fewer theater locations within the commonwealth.
Section 2. It shall be an unfair method of competition and an unfair or deceptive act or practice under chapter 93A for any distributor or exhibitor engaged in circuit dealing to engage in practices that unreasonably restrain trade in film exhibition, including, but not limited to:
(i) granting or enforcing a clearance zone that covers an area broader than necessary to protect a legitimate, non-predatory business interest, or enforcing a blanket clearance that prevents an independent exhibitor from playing a film day-and-date; provided, that the independent exhibitor shall offer reasonable licensing terms and have adequate facility standards;
(ii) utilizing market power or circuit-wide bargaining power to coerce a distributor into denying licensing rights to a nearby independent exhibitor; and
(iii) arbitrarily refusing to license a commercial motion picture to an independent exhibitor when that motion picture is being licensed to more than 1,000 screens nationwide; provided, that the independent exhibitor shall agree to standard industry economic terms and hold-over protocols.
SECTION 109B. Section 26 of chapter 101 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “one year” and inserting in place thereof the following words:- 5 years.
SECTION 109C. Said section 26 of said chapter 101, as so appearing, is hereby further amended by inserting after the word “date”, in line 6, the following words:- ; provided, that the certificate required to be signed by the chief of police of the city or town in which the applicant resides, pursuant to section 22, shall continue to be furnished by the applicant to the deputy director on an annual basis.
SECTION 109D. Chapter 111 of the General Laws is hereby amended by inserting after section 2K the following section:-
Section 2L. (a) There shall be a Medical Psychedelics Fund. The commissioner shall administer the fund to support the pilot program established in subsection (b). There shall be credited to the fund money received from public and private sources to support the pilot program. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. Annually, not later than January 1, the commissioner shall report on the activities of the fund to the clerks of the house of representatives and the senate and to the chairs of the house and senate committees on ways and means. The report shall include: (i) an accounting of money received by the fund broken down by funding source; (ii) a description of the use of funds for the purpose of the pilot program; (iii) an accounting of money expended from the fund broken down by recipient; and (iv) the amount of any unexpended balance.
(b) The department shall establish a pilot program to allow for the monitored mental health care of clinically appropriate patients using naturally occurring psychedelic materials as defined by the department for on-site administration by a multi-disciplinary care team in a supervised licensed mental health clinic setting. The department shall issue pilot program permits to not more than 3 licensed mental health clinic facilities to participate in the pilot program for the purposes of establishing the best and safest clinical practices for psychedelic mental health treatment programs in the commonwealth and for the purposes of collecting patient outcomes data regarding the benefits of psychedelic pharmacotherapy. Authorization shall be given to clinics licensed to provide mental health services as defined by the department of public health. Eligible pilot program organizations shall exclusively focus operations and treatment on mental health and shall not be subsidiaries, affiliates or members of cannabis industry organizations, psychedelic molecule development companies or pharmaceutical companies.
(c) The department shall promulgate rules and regulations necessary for the operation of a supervised psychedelic pilot in a clinical setting, including, but not limited to, establishing a process to apply for participation in the pilot program. The regulations shall include, but shall not be limited to: (i) the definitions and standards for clinic participation; (ii) the process of initial patient assessment and ongoing monitoring; (iii) the composition of the clinical staff and the role of a licensed physician to oversee the program; (iv) the process of ensuring coordination and medical management of psychiatric medications with prescribers outside of the participating outpatient clinical pilot; and (v) the process of storing, dispensing and administrating psychedelics within the participating pilot. The department shall establish by regulation all standards and requirements governing the production and cultivation of naturally occurring psychedelic materials necessary for the pilot program, including, but not limited to, producer licensing and operations.
(d) Section 2 of chapter 94C, including psilocybin and psilocin as Schedule I controlled substances, shall not apply to the medical use of psilocybin and psilocin as provided under the pilot program and regulations promulgated hereunder. A licensed mental health clinic facility, designated participant, licensed clinical staff member or patient acting in compliance with the pilot program and regulations promulgated hereunder shall not be subject to arrest, prosecution or civil or professional penalty under state law for activities expressly authorized under the pilot program. A licensed health care practitioner shall not be subject to professional discipline or loss of licensure solely for issuing a written certification under the pilot program, recommending participation in the program to a patient or providing medical services authorized under the program.
(e) The department shall coordinate with research institutions, as it deems appropriate, to facilitate, expand and expedite federally-authorized research on psychedelic-assisted therapies, including, but not limited to, psilocybin, ibogaine, 5-methoxy-n,n-dimethyltryptamine, and 3,4-methylenedioxymethamphetamine, in the commonwealth, including efforts to pursue federal approvals and available state and federal funding in compliance with applicable federal regulations.
(f) All pilot program participant organizations shall track patient care outcomes data related to the identification, diagnosis and psychedelic treatment of depression, anxiety, post-traumatic stress disorder and substance use disorder. These data sets shall be shared with the department of public health to assist in the refinement of best clinical protocols and final regulatory frameworks for the safe use of psychedelic material in the commonwealth.
SECTION 109E. Section 2L of chapter 111 is hereby repealed.
SECTION 110. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 250. The commissioner of public health shall promulgate regulations for the annual health inspection of food trucks. The commissioner shall prescribe rules and regulations relative to inspection schedules, documentation of inspections, standards for acceptable cleanliness and the costs of such inspections.
SECTION 111. Section 75 of chapter 112 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, the board, upon the recommendation of the executive director of the board or their designee, shall waive any requirement to complete an exam exclusively verifying proficiency in English if the applicant: (i) previously passed an English proficiency examination at any time; (ii) has obtained 1 or more nursing degrees in the United States, if the applicant was originally trained outside of the United States; or (iii) demonstrates English proficiency through another method deemed acceptable by the board. Nothing in this paragraph shall be construed to impede the board’s authority to: (A) establish or conduct examinations that test the applicant’s fitness to practice; or (B) promulgate rules, regulations or guidelines pursuant to section 79. The board shall not waive requirements for an exam verifying proficiency in English for applicants seeking licensure through the nurse licensure compact pursuant to chapter 112A.
SECTION 112. Section 87A1/2 of said chapter 112, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e)(1) The educational and experience requirements for a certificate shall be at least 1 of the following:
(i) a bachelor’s degree or its equivalent from a college or university approved by the board and 2 years of full-time experience or the equivalent approved by the board;
(ii) a bachelor’s degree with 30 semester hours of additional education from a college or university approved by the board and 1 year of full-time experience or the equivalent approved by the board; or
(iii) a master’s degree or its equivalent from a college or university approved by the board and 1 year of full-time experience or the equivalent approved by the board.
(2) The board shall promulgate regulations establishing educational requirements to take the required examination as a condition for the granting of a certificate.
SECTION 113. Paragraph (1) of subsection (d) of section 87B of said chapter 112, as so appearing, is hereby amended by inserting after the word “commonwealth;”, in line 33, the following word:- and.
SECTION 114. Paragraph (2) of said subsection (d) of said section 87B of said chapter 112, as so appearing, is hereby amended by striking out clauses (A) to (C), inclusive, and inserting in place thereof the following 3 clauses:-
(A) is certified or licensed in another state and is in good standing in the other state;
(B) has passed the Uniform Certified Public Accountant Examination and has completed the educational requirements listed in subsection (e) of section 87A1/2; or
(C) had 4 years of experience in the practice of public accountancy or equivalent, meeting requirements prescribed by the board by rule, after passing the examination upon which their certificate was based within the 10 years immediately preceding their application.
SECTION 115. Said subsection (d) of said section 87B of said chapter 112, as so appearing, is hereby further amended by striking out paragraph (3).
SECTION 116. Subsection (h) of said section 87B of said chapter 112, as so appearing, is hereby amended by striking out paragraph (2) and inserting in place thereof the following paragraph:-
(1) A person whose principal place of business is outside the commonwealth shall be deemed to have qualifications substantially equivalent to the commonwealth’s requirements for the practice of public accountancy and may engage in the practice of certified public accountancy in the commonwealth, including, but not limited to, offering and rendering professional services, whether in person or by mail, telephone or electronic means, if such person holds a valid license as a certified public accountant issued by another state; provided, however, that the person shall have met the educational and experience requirements listed in subsection (e) of section 87A1/2 and shall have passed the Uniform Certified Public Accountant Examination or exceeded the licensure requirements of this chapter; provided further, that any person who has passed the Uniform Certified Public Accountant Examination and holds a valid certified public accountant certificate issued by another state on or before December 31, 2026, shall be exempt from the educational requirements in subsection (e) of section 87A1/2. Any person who qualifies for the practice privilege pursuant to this subsection may exercise such privilege in the commonwealth without limitation on the period of time within which such person may so practice in the commonwealth if such person remains qualified pursuant to this subsection; provided, however, that such person shall not be required to obtain a certificate or license pursuant to this section, except as provided in this subsection, submit any other notice to the board or obtain a temporary practice permit from or pay any fee to the board.
SECTION 117. Said subsection (h) of said section 87B of said chapter 112, as so appearing, is hereby further amended by striking out, in line 110, the figure “(3)” and inserting in place thereof the following figure:- (2).
SECTION 118. Said subsection (h) of said section 87B of said chapter 112, as so appearing, is hereby further amended by striking out, in line 126, the figure “(4)” and inserting in place thereof the following figure:- (3).
SECTION 119. Said subsection (h) of said section 87B of said chapter 112, as so appearing, is hereby further amended by striking out, in line 133, the figure “(5)” and inserting in place thereof the following figure:- (4).
SECTION 120. Said subsection (h) of said section 87B of said chapter 112, as so appearing, is hereby further amended by striking out, in line 139, the figure “(6)” and inserting in place thereof the following figure:- (5).
SECTION 120A. The second paragraph of section 87SS of said chapter 112, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Every individual applicant for a license as a salesperson who is required to take an examination therefor shall, as a prerequisite to taking such examination, submit proof satisfactory to the board that the applicant has completed courses in real estate subjects approved by the board; provided, that such courses shall total 40 classroom hours of instruction and shall include at least 4 hours on fair housing law or diversity and inclusion in real estate; and provided further, however, that applicants having successfully completed a course in real property while enrolled in an accredited law school in the commonwealth may also take such examination.
SECTION 120B. Section 87XX 1/2 of said chapter 112, as amended by section 192 of chapter 102 of the acts of 2026, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Any person holding a license as a real estate broker or salesperson shall, within their renewal period, satisfactorily complete courses or programs of instruction approved by the board; provided, that attendance at such courses or programs of instruction shall be not less than 6 hours but not more than 12 hours as determined by the board. The curriculum contained in such courses or programs shall contain at least 6 hours of instruction concerning or related to compliance with laws and regulations, including, but not limited to: (i) at least 2 hours on fair housing or diversity and inclusion in real estate; and (ii) 4 hours selected from any of the following subjects: (A) equal employment opportunity; (B) accessibility for persons with disabilities; (C) agency law; (D) environmental issues in real estate; (E) zoning and building codes; (F) real estate appraisal and financing; (G) property tax assessments and valuation; and (H) real estate board regulations. The board shall certify in advance the curriculum forming the basis of such courses or programs that satisfy the provisions of this section.
SECTION 120C. Section 87AAA of said chapter 112, as appearing in the 2024 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following 4 sentences:- The board shall, after notice by the Massachusetts commission against discrimination, or any other agency that administers fair housing laws and is certified by the federal Assistant Secretary for Fair Housing and Equal Opportunity pursuant to the federal Fair Housing Act, U.S.C. 3601 through U.S.C. 3619, inclusive, that the Massachusetts commission against discrimination or agency has made a finding, which the finding has become final, that a licensed broker or salesperson committed an unlawful practice in violation of chapter 151B arising out of or in the course of their occupation as a licensed broker or salesperson, suspend forthwith the license of said broker or salesperson for a period of 60 days; provided, however, that if the Massachusetts commission against discrimination or agency finds that said violation by such licensed broker or salesperson occurred within 2 years of the date of a prior violation of said chapter 151B, which finding has been final, it shall so notify the board, and the board shall forthwith suspend the license of such broker or salesperson for a period of 180 days. The board, after notice by the office of the attorney general that a court in a matter brought by the office of the attorney general has made a finding, which finding has become final, that a licensed broker or salesperson committed an unlawful practice in violation of said chapter 151B arising out of or in the course of their occupation as a licensed broker or salesperson, shall suspend forthwith the license of said broker or salesperson for a period of 60 days; provided, however, that if the board determines that the violation by such licensed broker or salesperson occurred within 2 years of the date of a prior finding by a court or agency of a violation of said chapter 151B, which prior finding has become final, it shall forthwith suspend the license of such broker or salesperson for a period of 180 days. The board shall suspend the license of a broker or salesperson for any violation of said chapter 151B referred to the board under this section. Commissions and agencies empowered to make referrals to the board pursuant to this section, including the office of the attorney general, shall make all referrals that qualify under this section and shall not have discretion as to whether to make the referral.
SECTION 120D. Said section 87AAA of said chapter 112, as so appearing, is hereby further amended by striking out, in lines 60 and 67, the word “salesmen” and inserting in place thereof, in each instance, the following word:- salespersons.
SECTION 120E. Section 87AAA3/4 of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the word “salesmen” and inserting in place thereof the following word:- salespersons.
SECTION 120F. Said section 87AAA3/4 of said chapter 112, as so appearing, is hereby further amended by striking out, in lines 22, 26, 41, 43, 46, 63 and 67, each time it appears, the word “salesman” and inserting in place thereof, in each instance, the following word:- salesperson.
SECTION 120G. Section 87CCC of said chapter 112, as so appearing, is hereby amended by striking out, in lines 2 and 3, the word “salesman” and inserting in place thereof, in each instance, the following word:- salesperson.
SECTION 120H. Section 87DDD1/2 of said chapter 112 is hereby amended by striking out, in line 3, as so appearing, the word “salesman” and inserting in place thereof the following word:- salesperson.
SECTION 120I. Section 131 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “; has passed an examination prepared by the board for this purpose”.
SECTION 120J. Said section 131 of said chapter 112 is hereby further amended by striking out the first paragraph, as amended by section 120I, and inserting in place thereof the following paragraph:-
Any individual desiring to obtain a license as a certified social worker shall make application therefor to the board upon such form and in such manner as the board shall prescribe and shall furnish evidence satisfactory to the board that he has received a doctorate or master's degree in social work from an accredited educational institution; has passed an examination prepared by the board for this purpose; and will conduct his professional activities as a certified social worker in accordance with generally accepted professional standards.
SECTION 120K. Section 132 of said chapter 112, as appearing the 2024 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “Examinations for licensed certified social workers, including those in independent clinical practice” and inserting in place thereof the following words:- Examinations for licensed independent clinical social workers.
SECTION 120L. Said section 132 of said chapter 112 is hereby further amended by striking out the words “Examinations for licensed independent clinical social workers”, inserted by section 120K, and inserting in place thereof the following words:- Examinations for licensed certified social workers, including those in independent clinical practice.
SECTION 120M. Said chapter 112 is hereby further amended by inserting after section 135C the following section:-
Section 135D. (a) To ensure a stable, diverse workforce of licensed social workers in the commonwealth and to provide for increased support and retention of practicing licensed social workers, the executive office of health and human services shall establish and administer a field placement grant program. The program shall, subject to appropriation, provide grant funding to designated recipients with a specific focus on recruiting and retaining students obtaining a master’s of social work from historically marginalized communities and low-income communities. Funds to establish this program shall be allocated from state, federal or other dedicated resources, including, but not limited to, existing trust funds.
(b) Eligible applicants shall attend a school of social work master’s program located in the commonwealth and accredited by the Council on Social Work Education.
(c) The executive office of education shall collaborate with eligible institutions of higher education to track applicant data, including application details submitted, and evaluate the program’s efficacy and equity.
(d) The executive office of health and human services shall promulgate regulations outlining eligibly criteria and establishing stipend amounts.
SECTION 120N. Section 136 of said chapter 112, as appearing in the 2024 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-
Licensed independent clinical social workers engaged in independent clinical practice who provide 1-on-1 supervision to a licensed certified social worker, licensed social worker, master’s of social work intern or bachelor’s of social work intern, shall be eligible to receive up to 8 continuing education credits during a licensing period.
SECTION 121. Section 222 of said chapter 112, as so appearing, is hereby amended by adding the following subsection:-
(e) Notwithstanding clauses (iii) and (iv) of subsection (d), an applicant shall be eligible for licensure as a home inspector without meeting the requirements of said clause (iii) or said clause (iv) of said subsection (d) if the applicant: (i) is a professional engineer licensed pursuant to sections 81D to 81T, inclusive; and (ii) has performed not less than 50 home inspections under the supervision of a licensed home inspector.
SECTION 121A. Chapter 118E of the General Laws is hereby amended by inserting after section 67A the following section:-
Section 67B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Ambulance service”, as defined in section 1 of chapter 111C.
“Executive office”, the executive office of health and human services.
“Public ambulance service”, ambulance services that are provided by a city or town, county, district or other governmental body and are licensed pursuant to section 6 of chapter 111C.
(b) The executive office shall implement voluntary programs to increase funding to public ambulance services, including, but not limited to, intergovernmental transfer programs, as authorized under section 1903(w)(6) of the federal Social Security Act, 42 CFR 433.51.
(c) Any additional funds received by public ambulance services pursuant to subsection (b) shall not be used to replace other payment commitments between public ambulance services and the commonwealth.
SECTION 122. Section 3 of chapter 121C of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 55, the word “MOBD” and inserting in place thereof the following words:- the secretary.
SECTION 123. Section 4 of said chapter 121C, as so appearing, is hereby amended by striking out, in line 9, the words “, MOBD and to the director,” and inserting in place thereof the following words:- the secretary.
SECTION 124. Section 5 of said chapter 121C, as so appearing, is hereby amended by striking out, in line 21, the words “MOBD and” and inserting in place thereof the following word:- the.
SECTION 125. Said section 5 of said chapter 121C, as so appearing, is hereby further amended by striking out, in lines 67 and 68, the words “MOBD and the director” and inserting in place thereof the following words:- the secretary.
SECTION 126. Said section 5 of said chapter 121C, as so appearing, is hereby further amended by striking out, in lines 81 and 82, the words “MOBD and director” and inserting in place thereof the following words:- the secretary.
SECTION 127. Section 6 of said chapter 121C, as so appearing, is hereby amended by striking out, in line 28, the words “MOBD and director” and inserting in place thereof the following words:- the secretary.
SECTION 128. Said section 6 of said chapter 121C, as so appearing, is hereby further amended by striking out, in lines 44 and 45, the words “department of housing and community development” and inserting in place thereof the following words:- secretary.
SECTION 129. Section 10 of said chapter 121C, as so appearing, is hereby amended by striking out, in line 5, the words “MOBD and the director” and inserting in place thereof the following words:- the secretary.
SECTION 129A. Section 2 of chapter 128 of the General Laws, as so appearing, is hereby amended by inserting after the word “promotion,”, in line 93, the following word:- incentives.
SECTION 129B. Chapter 128A of the General Laws is hereby amended by inserting after section 5C the following section:-
Section 5D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Historical horse race”, any horse race, whether running horse or harness, that was: (i) previously conducted at a licensed pari-mutuel facility; (ii) concluded with official results; and (iii) concluded without scratches, disqualifications or dead-heat finishes.
“Pari-mutuel method of wagering”, a method of wagering in which those who wager on horses that finish in the position or positions for which wagers are taken share in the total amounts wagered, plus any amounts provided by a licensee, which may include, a nonrefundable contribution to serve as a seed or guarantee and in which a totalizator or similar mechanical equipment calculates pari-mutuel pools and payouts associated with each winning wager; provided, that a wager placed on a historical horse racing terminal certified as a pari-mutuel terminal by an independent testing laboratory shall also be considered a pari-mutuel wager.
“Racing licensee”, a person licensed by the commission under this chapter to conduct a live horse racing meeting or a running horse racing licensee or greyhound meeting licensee that conducted simulcast wagering during calendar year 2025, as authorized by law.
(b) A racing licensee shall be eligible to accept pari-mutuel wagers on historical horse races; provided, that such wagers are accepted at a facility at which the racing licensee conducts its in-person wagering activities pursuant to this chapter or chapter 128C or through account wagering offered by the licensee or its approved account wagering service providers pursuant to section 5C. Wagering on historical horse races under this section shall be deemed to be pari-mutuel wagering on horse races under chapters 128A and 128C for purposes of the tenth clause of section 7 of chapter 4.
(c) The commission shall authorize wagers on historical horse races, whether on an electronic gaming device or otherwise; provided, that the wagers shall meet the requirements of this section.
(d) Wagering on historical horse races may take place on electronic gaming devices; provided, that: (i) all wagers use the pari-mutuel method of wagering; (ii) the licensee may operate a number of terminals it chooses; (iii) the terminal shall make available true and accurate past performance information on each historical horse race prior to the patron making the patron’s selection; (iv) the terminal shall display a replay of each race, or a portion thereof, whether digital, animated, or by way of a video recording, and the official results of each race, and the identity of each race shall be revealed to the patron after the patron has placed the patron’s wager; (v) the outcome of each wager is based solely on the outcome of the historical horse race or races; (vi) no random elements shall determine the outcome of the patron’s wager; (vii) the terminals shall have been tested by Gaming Laboratories International, LLC, another independent testing laboratory approved by the commission, or the commission’s technical compliance unit to ensure integrity and proper working order; and (viii) each licensee shall submit a responsible gaming plan to the commission for review and approval prior to activating any historical horse race terminal, and every year thereafter. Each plan shall include, but shall not be limited to: (A) identification of postings and materials related to problem gaming to be made available to patrons expressing concerns about problem gaming; (B) house-imposed player limits; and (C) self-exclusion plans.
(e) Racing officials or any employee or owner of the entity that provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which operates the historical horse races and wagering, shall be prohibited from participating in wagering, directly or indirectly, on historical horse races offered at the licensee’s facility.
(f) The wagering pool for a historical horse race shall be paid out as follows:
(1) The licensee shall pay the following amounts from the pool, which amounts shall not be considered part of the licensee’s takeout: (i) 2.5 per cent of handle to the commonwealth as an excise, which shall be transferred to the Health Safety Net Trust Fund established in section 66 of chapter 118E; provided, however, that: (A) within 30 days of the commencement of operations accepting wagers on historical horse racing, the licensee shall make a nonrefundable payment of $25 million to the commonwealth that shall be a prepayment of the first $25 million of excise payable under this paragraph during the fiscal year of the commonwealth in which such operations commence; (B) not later than July 15 of the fiscal year of the commonwealth following the fiscal year in which such operations commence, the licensee shall make a nonrefundable payment of $50 million to the commonwealth that shall be a prepayment of the first $50 million of excise payable under this paragraph during such following fiscal year; and (C) with respect to the payments under clauses (A) and (B), the licensee shall pay any additional excise due under this paragraph once the credit established by the prepayment is exhausted and the licensee shall not be entitled any refund or carryover credit in the event the credit is not exhausted during the fiscal year for which it is paid; (ii) 0.25 per cent of handle to the host community of its facility for mitigation; and (iii) 0.25 per cent of handle divided as follows: (a) 0.1875 per cent of handle shall be dedicated to purses for, in the case of a live racing licensee, live horse races that it conducts and, in the case of a running horse racing licensee that conducted simulcast wagering during calendar year 2025, for live running horse races conducted in the commonwealth or to its recognized running horsemen’s association as purses and, in the case of a greyhound racing licensee that conducted simulcast wagering during calendar year 2025, for live running horse or harness races conducted in the commonwealth as allocated by the commission; and (b) 0.0625 per cent of handle shall be dedicated to the breeders of, in the case of a live racing licensee, the type of horses that run in the live races it conducts and, in the case of a running horse racing licensee that conducted simulcast wagering during calendar year 2025, for breeders of running race horses and, in the case of a greyhound racing licensee that conducted simulcast wagering as during calendar year 2025, for breeders of running race horses or harness races horses as allocated by the commission;
(2) the licensee shall be entitled to a takeout from the remainder of the pool determined as a percentage of handle provided that the total amount of the takeout and the amounts paid pursuant to paragraph (1)shall not exceed the maximum takeout for wagers on live horse races established pursuant to section 5; and
(3) the licensee shall return to the winning patrons the balance of the pool.
(g) In addition to the takeout, the licensee shall be entitled to retain the breaks. In the event the commission imposes an assessment on the licensee in connection with the costs of regulating wagering on historical horse races, the licensee may retain an additional amount of handle sufficient to pay the assessment.
(h) Licensees offering wagering on historical horse races shall be authorized to offer promotional wagering credits to patrons for placing wagers on historical horse races at the licensees facility or through account wagering offered by the licensee or its approved account wagering service providers pursuant to section 5C. Wagers placed using promotional wagering credits shall not be considered part of the licensee’s handle for historical horse wagering pari-mutuel pool for purposes of subsection (f) of section 3.
SECTION 129C. Section 9 of said chapter 128A, as appearing in the 2024 Official Edition, is hereby by inserting after the words “section 5C,”, in line 16, the following words:- or wagering on historical horse races, as provided in section 5D.
SECTION 129D. Said section 9 of said chapter 128A, as so appearing, is hereby further amended by inserting after the fourth paragraph the following paragraph:-
Notwithstanding any general or special law to the contrary, in regulating wagering on historical horse races as authorized by section 5D and the facilities in which the wagering is to be conducted, the commission shall take into account the cost to licensees of regulation relative to the net revenue to be generated by the wagering, the amount of cash to be handled at the facility and the risks imposed by the wagering. The economic and operational burdens of the commission’s regulations shall be consistent with, and not greater than, those that it has historically applied in the commonwealth pursuant to 205 CMR 6.00 and 205 CMR 7.00 with respect to pari-mutuel wagering, including account wagering under section 5C. In determining the appropriate level of regulation of wagering on historical horse racing, the commission shall review the manner and extent to which other states regulate wagering on historical horse racing at facilities that are separate from casinos, including, but not limited to, with respect to surveillance.
SECTION 129E. The second paragraph of section 11C of said chapter 128A, as so appearing, is hereby amended by inserting, after the first sentence, the following sentence:- It shall not be considered an undesirable concentration of ownership of racing facilities if 1 or more persons owns, directly or indirectly, some or all of 2 or more racing licensees none of which conducts lives races.
SECTION 129F. Chapter 138 of the General Laws is hereby amended by inserting after section 19G the following section:-
Section 19G½. (a) For the purposes of this section, the word “endorsement” shall, unless the context clearly requires otherwise, mean a shared manufacturing and packaging endorsement.
(b) Notwithstanding any provision of this chapter to the contrary, any person, partnership or entity holding 2 or more manufacturing licenses issued pursuant to this chapter, including, but not limited to, licenses issued under sections 19, 19B, 19C and 19E, may apply to the commission for an endorsement, authorizing the use of common manufacturing, processing, packaging, bottling, canning, labeling, storage and related equipment for products produced under such licenses.
(c) The annual fee for an endorsement issued pursuant to subsection (b) shall be $1,000.
(d)(1) A holder of an endorsement may utilize shared equipment for the production, processing, packaging, bottling, canning, labeling and storage of products authorized under such licenses; provided, that the licensee shall comply with all applicable federal and state laws and regulations. The commission shall not require separate manufacturing or packaging equipment solely because products are produced pursuant to different manufacturing licenses held by the same person, partnership or entity and operating under an endorsement.
(2) The holder of an endorsement shall maintain records sufficient to demonstrate compliance with all applicable federal and state laws and regulations, tax obligations, production requirements and product traceability standards. Such records shall include production schedules and documentation identifying which licensed activity is being conducted during use of shared equipment pursuant to the endorsement. Nothing in this section shall be construed to permit the commingling of products where otherwise prohibited by federal or state law, nor to alter any federal permitting requirements administered by the Federal Alcohol and Tobacco Tax and Trade Bureau.
(e) The commission may promulgate rules and regulations governing sanitation procedures, recordkeeping requirements, operational controls, production scheduling and other standards as necessary to administer this section. Penalties for noncompliance with this section shall be governed by section 64 and shall be applicable to all manufacturing licenses held by the person, partnership or entity that is not compliant.
SECTION 129G. Said chapter 138 is hereby further amended by inserting after section 25E¾ the following section:-
Section 25E 7/8. A “successor supplier” shall mean any person or entity who directly or indirectly acquires the right or obligation to sell an item with a brand name to a wholesaler licensed in the commonwealth. A successor supplier shall acquire such rights or obligations subject to section 25E. All sales of a brand name item made to a licensed wholesaler prior to succession shall be attributed to the successor supplier for the purposes of determining whether 6 months of regular sales exist pursuant to section 25E.
SECTION 129H. Section 33 of said chapter 138, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 13, the figure “10:00” and inserting in place thereof the following figure:- 8:00.
SECTION 130. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “specialized stretch energy code” and inserting in place thereof the following words:- current and future specialized stretch energy codes.
SECTION 130A. Section 81 of chapter 146 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Bureau” the following definition:-
“Direct supervision”, the physical on-site presence with the assigned apprentice and their supervising journeyman or fire protection sprinkler contractor, for the purpose of work on a fire protection sprinkler system.
SECTION 130B. Section 85A of said chapter 146, as so appearing, is hereby amended by striking out, in lines 2, 6, 7 and 8, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 130C. Said section 85A of said chapter 146, as so appearing, is hereby further amended by striking out, in lines 4 and 7, the word “he” and inserting in place thereof, in each instance, the following word:- they.
SECTION 130D. Said section 85A of said chapter 146, as so appearing, is hereby further amended by striking out, in line 10, the word “him” and inserting in place thereof the following word:- them.
SECTION 130E. Said section 85A of said chapter 146, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The ratio permitted shall be 1 licensed journeyman sprinkler fitter or fire protection sprinkler contractor for every apprentice sprinkler fitter on the jobsite.
SECTION 130F. Section 89 of said chapter 146, as so appearing, is hereby amended by inserting after the word “eighty-one”, in line 4, the following words:- , including sections 84 to 86, inclusive.
SECTION 130G. Section 27B of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
For any offsite fabrication work subject to this section, the contractor, subcontractor or public body shall include a section in their weekly certified prevailing wage records that provides: (i) the name and address of the manufacturer, shop or other type of prefabrication facility where the fabrication work was performed; and (ii) the name, address and occupational classifications of each mechanic, apprentice, laborer or other employee employed in the performance of such work, the hours worked by, and wages paid to, each such employee.
SECTION 130H. Section 27D of said chapter 149, as so appearing, is hereby amended by adding the following 2 paragraphs:-
For the purposes of this section, the words “construction” and “constructed” shall include offsite fabrication work for any project covered by this section. For such offsite fabrication work, the wage required pursuant to this chapter shall be paid for such work and the requirements of section 27B shall apply to such work, including, but not limited to, weekly submission of certified payroll records and an accompanying statement made under penalties of perjury. Penalties provided under section 27C shall apply to such work.
For the purposes of the preceding paragraph, the term “offsite fabrication” shall mean products or items that are: (i) produced specifically for a qualified project; (ii) considered to be non-standard, custom fabricated items, not generic products readily available for any project; and (iii) produced at an offsite location that are part of plumbing, electrical, mechanical and sheet metal systems, including, but not limited to, piping, fixtures, equipment, wirings, ductwork and other component or parts of such systems but shall not include any other work other than work that is part of plumbing, electrical, mechanical and sheet metal systems. Nothing in the definition of “offsite fabrication” shall restrict application of section 26 or prevent the commonwealth, or a county, town, authority or district thereof, contracting for the construction of public works from giving preference to offsite fabrication performed at an offsite location within a specific geographical area.
SECTION 130I. The definition of “Occupation” in section 2 of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Occupation shall also not include: (i) outside sales work regularly performed by outside salesmen who regularly sell a product or products away from their employer’s place of business and who do not make daily reports or visits to the office or plant of their employer; or (ii) work performed by individuals who have entered into contracts to play baseball at the minor league level and who are compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.
SECTION 130J. Section 15 of said chapter 151, as so appearing, is hereby amended by adding the following sentence:- The requirement in this section to keep a true and accurate record of the hours worked each day and each week by each employee shall not apply to any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.
SECTION 131. Section 12 of chapter 156C of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following 3 subsections:-
(d) The fee for the filing of the certificate of organization required by subsection (a) shall be $100. The fee for the filing of the annual report required by subsection (c) shall be $200 for the first annual report, $300 for the second annual report, $400 for the third annual report and $500 for the fourth annual report and for each annual report filed thereafter. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.
(e) Notwithstanding the fees set forth in subsection (d), if a limited liability company: (i) is established for the purpose of holding title to real property; (ii) owns assets in excess of $1,000,000; or (iii) is expected to own assets in excess of $1,000,000 within the subsequent 12 month period, then the fee for the filing of the certificate of organization required by subsection (a) shall be $500 and the fee for the filing of each annual report required by subsection (c) shall be $500 beginning with the annual report that includes an affirmative attestation of any of the conditions set forth in clauses (i) to (iii), inclusive, of the preceding sentence. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.
(f) The person filing the certificate of organization or annual report shall in every instance attest as to whether the limited liability company: (i) is established for the sole purpose of holding title to real property; (ii) owns assets in excess of $1,000,000; or (iii) is expected to own assets in excess of $1,000,000 within the subsequent 12 month period. A person making such filing who makes an inaccurate attestation shall be subject to a civil fine of $10,000 for each occurrence. Such certification shall be the basis for determining eligibility under subsection (e).
(g) Notwithstanding the fees set forth in subsection (d), if a limited liability company is a micro business, as defined in subsection (a) of section 69 of chapter 23A, then the fee for the filing of the certificate of organization required by subsection (a) shall be $100 and the fees for the filing of the annual report required by subsection (c) shall be $200 for the first annual report and $300 for the second annual report and for each annual report filed thereafter. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.
SECTION 131A. Section 6B of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the figure “$35” and inserting in place thereof the following figure:- $49.
SECTION 131B. Chapter 164 of the General Laws is hereby amended by striking out section 34B and inserting in place thereof the following section:-
Section 34B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Attacher”, any person, distribution company, telecommunications company, utility, municipality or any other entity that attaches any line, wire or equipment to any pole.
“Attachment”, a wire, cable or other utility equipment.
“Double pole”, the condition in which 2 poles stand in immediate proximity during pole replacement, consisting of: (i) a newly installed replacement pole; and (ii) an existing pole that remains to support attached wires, cables or equipment pending their transfer to the replacement pole by the stakeholders.
“Owner”, any distribution company, utility or other entity that is legally responsible for the installation, maintenance or removal of a pole.
“Pole”, a utility pole to which not less than 1 attachment is affixed.
“Stakeholder”, an attacher or owner.
“Utility pole database”, the National Joint Utilities Notification System, its successor or another equivalent notification system and database agreed to by the double pole working group established in this section.
(b)(1) There shall be a permanent working group on double poles that shall consist of the following members: the commissioner of telecommunications and cable, or their designee, who shall serve as co-chair; the chair of the department of public utilities, or the chair’s designee, who shall serve as co-chair, the secretary of administration and finance, or their designee; ; a representative of a municipal light board of commissioners or their designee; the chairs of the joint committee on municipalities and regional government; the chairs of the joint committee on telecommunications, utilities and energy or their designees; 1 member to be appointed by the minority leader of the house of representatives; 1 member to be appointed by the minority leader of the senate; 3 members to be appointed by the governor, all of whom shall be municipal officials; 1 representative of each utility pole owner; 1 utility owner that is a telecommunications provider; 1 utility pole attacher that is a cable company; the executive director of the New England Connectivity & Telecommunications Association, Inc. or their designee; and the executive director of the Massachusetts Municipal Association, Inc. or their designee.
(2) The working group shall meet not less than 4 times per year and shall promote collaboration between stakeholders involved in attachment transfers and serve as an informational resource.
(3) Investigating and studying the feasibility of: (A) increasing participation, utilization, improving functionality of the utility pole database and identifying solutions to resolve communication issues among all parties; (B) exploring enhancements to the utility pole database which result in greater efficiency and less delay
(4) Annually, not later than March 30, the working group shall file a report on double pole and attachment transfer activity in the commonwealth during the previous calendar year to the clerks of the house of representatives and the senate; the house and senate committees on ways and means; the chairs of the joint committee on municipalities and regional government and the chairs of the joint committee on telecommunications, utilities and energy. The report shall include, but shall not be limited to: (i) the number and status of double poles and attachments in each municipality; (ii) the length of time the double poles have existed; (iii) the length of time attachments have been pending next to transfer; (iv) the stakeholders responsible for delays in double pole resolution; (v) any programs established by the department of public utilities or the department of telecommunications and cable to resolve double poles concerns; and (vi) the success of any programs pursuant to clause (v). The department of public utilities and the department of telecommunications and cable shall publish the report on their websites.
SECTION 132. Section 134 of chapter 164 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 103 and 104, the words “Renewable Energy Trust Fund, established pursuant to section 9” and inserting in place thereof the following words:- Climatetech Investment Fund established pursuant to section 15.
SECTION 133. Said chapter 164 is hereby further amended by adding the following section:-
Section 152. (a) As used in this section, the followings words shall, unless the context clearly requires otherwise, have the following meanings:
“Economic development rates”, standardized utility tariffs and discounted rates offered by a distribution company designed to attract new businesses to the commonwealth and promote expansion by businesses already located within the commonwealth.
“Special contracts”, discounted utility rates negotiated between distribution companies and large new businesses locating to the commonwealth or large new businesses expanding within the commonwealth.
(b)(1) Each distribution company shall offer an economic development rate and special contracts; provided, however, that economic development rates and special contracts shall not shift costs to or increase costs for any other utility customer in the commonwealth.
(2) Each distribution company shall develop guidelines for large new businesses locating to the commonwealth or large new businesses expanding in the commonwealth to seek a special contract. The rates, contracts and guidelines shall be as consistent as practicable between the distribution companies.
(c) Economic development rates may include associated requirements, including, but not limited to: (i) job creation or retention requirements; (ii) capital investment commitments; (iii) participation in energy efficiency or demand response programs; and (iv) periodic progress reporting on requirements.
(d) Each distribution company may, as necessary, request modifications to any approved economic development rate and guidelines to seek a special contract with the department to accommodate changed circumstances.
(e) Not later than 1 month prior to filing a new or amended economic development rate or guidelines to seek a special contract with the department, each distribution company shall present the proposed rate and guidelines to the executive office of economic development and the executive office of energy and environmental affairs.
SECTION 133 1/4. Section 149M of chapter 175 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Consumer” the following 3 definitions:-
“Consumer product”, any tangible personal property that is distributed in commerce and is normally used for personal, family or household purposes, including tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.
“Maintenance agreement”, a contract for regular maintenance.
“Motor vehicle manufacturer”, a person who: (i) manufactures, distributes or produces motor vehicles under the person’s own name or label; (ii) is a subsidiary of the person who manufactures, distributes or produces motor vehicles; (iii) is a corporation which owns 100 per cent of the corporation, association, partnership or other legal entity who manufactures, distributes or produces motor vehicles; or (iv) does not manufacture, distribute or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures, distributes or produces motor vehicles.
SECTION 133 1/2. Said section 149M of said chapter 175, as so appearing, is hereby further amended by striking out the definition of “Service contract” and inserting in place thereof the following definition:-
“Service contract”, a contract for a separately stated consideration and for a specific duration to perform the service, repair, replacement or maintenance of a consumer product, including, but not limited to, a motor vehicle, or indemnification for service, repair, replacement or maintenance for the operational or structural failure due to a defect in materials or workmanship or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, rental and food spoilage; provided, however, that a “service contract” for a motor vehicle shall include a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following: (i) the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting; (iii) the repair of small motor vehicle windshield chips or cracks which may include the replacement of the windshield for chips or cracks that cannot be repaired; or (iv) the replacement of a motor vehicle or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen.
SECTION 133 5/8. Section 149N of said chapter 175, as so appearing, is hereby amended by striking out, in line 108, the words “tangible personal property” and inserting in place thereof the following words:- consumer products.
SECTION 133 3/4. Said chapter 175 is hereby further amended by striking out section 149V, as so appearing, and inserting in place thereof the following section:-
Section 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive: (i) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service contracts or other agreements regarding automobiles under which a licensed motor vehicle dealer or an affiliate of a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered by builders as part of a conveyance of real estate; (v) warranties on a product made by the manufacturer, importer or seller of the product; and (vi) maintenance agreements.
(b) Motor vehicle manufacturers and service contracts on the motor vehicle manufacturer’s products need only comply with subsection (f) of section 149N and sections 149P, 149Q, 149R and 149U, as applicable, and motor vehicle manufacturers offering service contracts on the motor vehicle manufacturer’s products shall be exempt from licensure under subsection (c) of section 149N and the requirements of subsection (d) of section 149N.
SECTION 133A. Chapter 184 of the General Laws is hereby amended by adding the following section:-
Section 36. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Affiliate”, an entity owned or controlled by an owner or under common control with an owner.
“Auction” or “public auction”, the sale of a housing accommodation under power of sale in a mortgage loan by public bidding.
“Borrower”, a mortgagor of a mortgage loan.
“Deed in lieu,” a deed for the collateral property or the housing accommodation that the mortgagee accepts from the borrower in exchange for the release of the borrower’s obligation under the mortgage loan.
“Designee”, a nonprofit organization, established pursuant to chapter 180, which is selected by members of a tenant association.
“Elderly tenant household”, a tenant household in which 1 or more of the residents are age 65 or older.
“Executive office”, the executive office of housing and livable communities established in chapter 23B.
“Foreclosure”, a legal proceeding to terminate a borrower’s interest in property instituted by a mortgagee and regulated under chapter 244.
“Housing accommodation”, a building, structure or part thereof, rented or offered for rent for living or dwelling purposes, including, but not limited to, a house, apartment, condominium unit, cooperative unit and other multi-family residential dwelling; provided, that a housing accommodation shall not include a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure or transitional housing; and provided further, that a housing accommodation shall not include a borrower-occupied housing accommodation if the borrower is domiciled in the housing accommodation at the initiation of the short-sale, deed in lieu or foreclosure process.
“Member”, a natural person who is a member of a tenant association.
“Minimum tenant participation percentage”, the minimum percentage of tenants who shall participate as members of a tenant association as defined by the city or town in a municipal ordinance or by-law; provided, that the minimum tenant participation percentage shall be not less than 51 per cent of the tenant-occupied housing units. The percentage shall be calculated based on the number of tenant-occupied housing units in a property. If more than 1 person is a lessee in a unit, all of the tenants who are lessees for that unit shall participate as members of the tenant association for the unit to be counted toward the participating percentage of units.
“Mortgagee”, an entity to whom property is mortgaged, including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee’s rights, interests or obligations under the mortgage agreement.
“Mortgage loan”, a loan secured wholly or partially by a mortgage on a housing accommodation.
“Owner”, a person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns that holds title to real property.
“Purchase contract”, a binding written agreement whereby an owner agrees to sell property, including, but not limited to, a purchase and sale agreement, contract of sale, purchase option or other similar instrument.
“Purchaser”, a party who has entered into a purchase contract with an owner and who will, upon performance of the purchase contract, become the new owner of the property.
“Sale”, an act by which an owner conveys, transfers or disposes of property by deed or otherwise, whether through a single transaction or a series of transactions; provided, that a disposition of housing by an owner to an affiliate of such owner shall not constitute a sale.
“Short-sale”, a sale approved by the mortgagee to a bona fide purchaser at a price that is less than the borrower’s existing debt on the housing accommodation.
“Successor”, an entity through which a tenant association may take title to the property, which may be a corporation with the sole stockholder being the tenant association, a housing cooperative organized under chapter 157B, a limited liability company in which the tenant association is the member, a limited partnership in which the tenant association is a general partner or when permitted by the municipality’s ordinance, a joint venture between any of such entities and another party with: (i) the requisite experience in acquiring, developing and owning residential property; and (ii) the financial capacity to guaranty financing of the purchase transaction.
“Tenant”, a natural person who has: (i) entered into an express written lease or rental agreement with the owner for exclusive possession of the premises for at least 6 months; or (ii) paid rent to the owner and the owner has accepted said rent for at least 6 months.
“Tenant association”, an organization with a membership limited to present tenants of a property that is: (i) registered with the municipality that has adopted an ordinance or by-law consistent with this section; or (ii) a non-profit organization incorporated under chapter 180.
“Third-party offer”, an offer to purchase the mortgaged property for valuable consideration by an arm’s length purchaser; provided, that a third-party offer shall not include an offer by the borrower or tenants.
“Third-party purchaser”, a purchaser who is not a tenant association, a designee or an affiliate.
(b)(1) A city or town may accept this section, in the manner provided in section 4 of chapter 4, through ordinance or by-law, to establish a tenant right to purchase property. This section shall take effect no later than 180 days after such acceptance. A city or town may at any time revoke its acceptance of this section by vote of the legislative body, subject to the charter of the municipality. The revocation shall not affect agreements relative to tenants’ right to purchase that have already been asserted prior to the revocation.
(2) A municipal ordinance or by-law may contain provisions that establish:
(i) tenancy protections for non-elderly tenant households that do not participate in the tenant association;
(ii) exclusion of applicability to properties with fewer than a designated number of units; provided, that different exclusion numbers may be adopted for owner-occupied properties and properties with no owner occupancy;
(iii) criteria for designees;
(iv) a tenant association’s ability to exercise rights pursuant to this section through a joint venture or partnership with another entity with experience in developing, owning or operating residential real estate or an entity that has the financial capacity to guaranty the financing of the purchase transaction; and
(v) exclusion of classes of properties in addition to the classes of properties enumerated in subsection (k).
(c) In any city or town that votes to adopt this section, an owner of a residential building shall: (i) notify the municipality and each tenant household, in writing by hand delivery and United States mail, of the owner’s intention to sell the property, with copy of the municipality’s prepared summary of the ordinance adopted hereunder; and (ii) provide a tenant association with the minimum tenant participation percentage an opportunity to make an offer to purchase the property prior to entering into an agreement to sell such property pursuant to the time periods in this section; provided, that no owner shall be under any obligation to enter into an agreement to sell such property to the tenants.
(d) A tenant association with the minimum tenant participation percentage may select a successor or a designee to act on its behalf as purchaser of the property and shall give the owner and the municipality notice of its selection.
(e)(1) A tenant association with the minimum tenant participation percentage, or its successor or designee, may, within 15 days after receipt of the notice of the owner’s intention to sell, submit an offer to the owner to purchase the property.
(2) A tenant association, successor or designee’s failure to submit a timely offer under paragraph (1) shall constitute an irrevocable waiver of the tenants’ rights under this section. If the owner and the tenant association, successor or designee, have not entered into an agreement within 15 days after receipt of the notice of the owner’s intent to sell, the owner may enter into an agreement to sell the property to a third party, subject to subsections (f) to (i), inclusive.
(f) Upon execution of any purchase contract with a third party, the owner shall, within 7 days, submit a copy of the contract along with a proposed purchase contract for execution by the tenant association, successor or designee. If the tenant association, successor or designee elect to purchase the property, the tenant association, successor or designee shall within 30 days after the receipt of the third-party purchase contract and the proposed purchase contract, execute the proposed purchase contract or such other agreement as is acceptable to both parties. The time periods set forth in this subsection may be extended by agreement between the owner and the tenant association, successor or designee. Except as otherwise specified in subsection (h), the terms and conditions of the proposed purchase contract offered to the tenant association, successor or designee shall be the same as those of the executed third-party purchase contract.
(g) After receipt of the third-party purchase contract pursuant to subsection (f), the tenant association, successor or designee may, within the 15-day time period prescribed in said subsection (f), make a counteroffer by executing and submitting to the owner an amended proposed purchase contract. Failure by the tenant association, successor or designee to execute the purchase contract or submit a counteroffer within the 15-day period in subsection (f) shall constitute a waiver of the tenants’ right to purchase. If the tenant association, successor or designee submits a counteroffer, the owner shall have 15 days from the date it receives the amended proposed purchase contract to execute the amended proposed purchase contract or reject, in writing, the counteroffer; provided, however, that if the owner rejects a counteroffer, it shall not subsequently enter into any purchase contract with a third party on terms that are the same as, or materially more favorable to the proposed third party purchaser, than the economic terms and conditions in the counteroffer proposed by the tenant association, successor or designee, unless the owner first provides a copy of such new third-party purchase contract and a new proposed purchase contract for execution by the tenant association, successor or designee, which shall contain the same terms and conditions as the newly executed third party purchase contract, except as otherwise specified by subsection (h), and the tenant association, successor or designee shall have 30 days from the date they receive the third-party purchase contract and the proposed purchase contract to execute the proposed purchase contract or such other agreement as is acceptable to the owner and the tenant association, successor or designee.
(h) Any purchase contract offered to, or proposed by, the tenant association, successor or designee shall include at a minimum the following terms:
(i) the earnest money deposit shall not exceed the lesser of: (A) the deposit in the third-party purchase contract; (B) 5 per cent of the sale price; or (C) $250,000; provided, however, that the owner and the tenant association, successor or designee may agree to modify the terms of the earnest money deposit; and provided, further, that the earnest money deposit shall be held under commercially-reasonable terms by an escrow agent selected jointly by the owner and the tenant association, successor or designee;
(ii) the earnest money deposit shall be refundable for not less than 90 days from the date of execution of the purchase contract or such greater period as provided for in the third-party purchase contract; provided, however, that if the owner unreasonably delays the buyer’s ability to conduct due diligence during the 90-day period, the earnest money deposit shall continue to be refundable for a period greater than 90 days. After the expiration of the specified time period, the earnest money deposit shall be forfeited and the right to purchase of the tenant association, successor or designee shall be irrevocably waived.
(i) The tenant association, successor or designee shall have 160 days from execution of the purchase and sale agreement to perform all due diligence, secure financing and close on the purchase of the property. Failure to exercise the purchase option within 160 days shall constitute a waiver of the purchase option by the tenant association, successor or designee.
(j) Any notice required by this section shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required. Notice shall be deemed to have been provided when either: (i) the notice is delivered in hand to the tenant or an adult member of the tenant’s household; or (ii) the notice is sent by first class mail and a copy is left in, or under the door of, the tenant’s dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer of the municipality.
(k) This section shall not apply to:
(i) property that is the subject of a government taking by eminent domain or a negotiated purchase in lieu of eminent domain;
(ii) a proposed sale to a purchaser pursuant to terms and conditions that preserve affordability, as determined by the executive office;
(iii) any sale of publicly-assisted housing, as defined in section 1 of chapter 40T;
(iv) rental units in any hospital, skilled nursing facility or health facility;
(v) rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance or therapy for alcohol, drug or other substance abuse; provided, that such housing is incident to the recovery program; and provided further, that the client has been informed in writing of the temporary or transitional nature of the housing;
(vi) rental units in a nonprofit facility: (A) that provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in permanent housing; (B) where occupancy is restricted to a limited and specific period of time of not more than 24 months; and (C) where the client has been informed in writing of the temporary or transitional nature of the housing at its inception;
(vii) public housing units managed by the local housing authority;
(viii) federal public housing units that are subsidized and regulated under federal law, to the extent such applicable federal law expressly preempts this section;
(ix) any residential property where the owner is a natural person who owns not more than 6 residential rental units in the municipality and who resides in the commonwealth;
(x) any unit that is held in trust on behalf of a disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child or grandparent of the owner of that unit; or
(xi) any rental unit that is owned or managed by a college or university for the express purpose of housing students.
(l) The tenant association, successor or designee shall ensure that its purchase of the property will not result in the displacement of any elderly tenant households that choose not to participate in the purchase of the property.
(m)(1) An owner shall give notice to each tenant household of a housing accommodation of the intention to sell the housing accommodation by way of short-sale to avoid foreclosure or its intention of accepting a deed in lieu. Such notice shall be mailed by regular and certified mail, with a simultaneous copy to the attorney general, the secretary of the executive office and to the municipality adopting this section, within 2 business days of the owner’s submission of a request or application to the mortgagee for permission to sell the housing accommodation by way of short-sale or to accept a deed in lieu. This notice shall also include a statement of the rights provided by this section.
(2) No mortgagee shall accept any third party offers or deem the owner’s application for short-sale submitted for review unless and until the mortgagee receives documentation in a form approved by the attorney general demonstrating that the tenants of the housing accommodation have been informed of the owner’s intent to seek a short-sale or deed in lieu and the tenants have expressed their interest in exercising a right of first refusal within 60 days, assigning that right of first refusal, or the tenants have waived those rights. If the tenants have not affirmatively expressed their interest in exercising a right of first refusal or in assigning that right within 60 days or have not affirmatively waived that right within 60 days, the tenants’ rights shall be deemed waived.
(3) Before a housing accommodation may be transferred by short-sale or deed in lieu, the owner shall notify each tenant household, with a simultaneous copy to the attorney general, the secretary of the executive office and the municipality adopting this section, by regular and certified mail, of any bona fide offer that the mortgagee intends to accept. Before any short-sale or transfer by deed in lieu, the owner shall give each tenant household such a notice of the offer only if households constituting at least 51 per cent of the households occupying the housing accommodation notify the owner, in writing, that they collectively desire to receive information relating to the proposed sale. Tenants may indicate this desire within the same notice described in paragraph (2). Any notice of the offer required to be given under this subsection shall include the price, calculated as a single lump sum amount, of any promissory notes offered in lieu of cash payment.
(4) A group of tenants representing at least 51 per cent of the households occupying the housing accommodation that are entitled to notice under paragraph (3) shall have the collective right to purchase, in the case of a third party offer that the mortgagee intends to accept, provided that the group of tenants shall:
(A) submit to the owner reasonable evidence that the tenants of at least 51 per cent of the occupied units in the housing accommodation have approved the purchase of the housing accommodation;
(B) submit to the owner a proposed purchase and sale agreement on substantially equivalent terms and conditions within 60 days of receipt of notice of the offer made under paragraph (3);
(C) obtain a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and
(D) close on such purchase within an additional 90 days after the end of the 90-day period in clause (C).
(5) No owner shall unreasonably refuse to enter into or unreasonably delay the execution or closing on a purchase and sale with tenants who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to paragraph (3). Failure of the tenants to submit such a purchase and sale agreement within the first 60-day period, to obtain a binding commitment for financing within the additional 90-day period or to close on the purchase within the second 90-day period, shall serve to terminate the rights of such tenants to purchase. The time periods provided in this paragraph may be extended by agreement. Nothing herein shall be construed to require an owner to provide financing to such tenants. A group or association of tenants that has the right to purchase pursuant to this subsection, at its election, may assign its purchase right pursuant to this subsection to the city or town in which the housing accommodation is located, or the housing authority of the city or town in which the housing accommodation is located, or an agency of the commonwealth, nonprofit, community development corporation, affordable housing developer, or land trust, for the purpose of permanently continuing the use of the housing accommodation as affordable rental housing.
(6) The right of first refusal created in this subsection shall inure to the tenants for the time periods provided in paragraph (4), beginning on the date of notice to the tenants under paragraph (1). The effective period for such right of first refusal shall begin anew for each different offer to purchase that the mortgagee intends to accept. The right of first refusal shall not apply with respect to any offer received by the owner for which a notice is not required pursuant to paragraph (3).
(7) In any instance where the tenants are not the successful purchaser of the housing accommodation, the mortgagee shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the secretary of the executive office and the registry of deeds for the county and district where the property is located within 7 days of the sale.
(8) An owner shall not evict a tenant to avoid application of this subsection.
(9) An aggrieved tenant may seek damages under chapter 93A and may file a complaint with the attorney general. A tenant may seek damages, including compensatory relief in the form of a percentage of the sales price, injunctive relief in the form of specific performance to compel transfer of the property or both compensatory and injunctive relief. Nothing in this subsection shall be construed to limit or constrain the rights tenants currently have under applicable laws, including, but not limited to, chapters 186 and 186A. At all times, all parties shall negotiate in good faith.
(10) The attorney general shall enforce this subsection and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer and other necessary documents.
(n)(1) When a mortgagee seeks judicial determination of the right to foreclose, the mortgagee shall provide a copy of the complaint by regular and certified mail to the tenants of the housing accommodation and to the municipality adopting this section. The mortgagee shall also provide tenants and the municipality, by regular and certified mail, with a copy of any order of notice issued by the land court, if applicable, within 5 days of issuance.
(2) The mortgagee shall provide each tenant household and the municipality adopting this section, by regular and certified mail, a copy of all notices of sale published pursuant to section 14 of chapter 244. A copy shall be provided simultaneously with the successive publication notices.
(3) Not later than 5 business days before the auction of a housing accommodation, the tenants shall inform the mortgagee, in writing, if a group of tenants representing at least 51 per cent of the households occupying the housing accommodation or an entity to which they have assigned their right of first refusal intend to exercise their right of first refusal at auction and desire to receive information relating to the proposed auction.
(4)(A) A group of tenants representing at least 51 per cent of the households occupying the housing accommodation or an entity to which they have assigned their right of first refusal may exercise their collective right to purchase the housing accommodation, in the event of a third party offer at auction that the mortgagee receives; provided, that the group of tenants shall:
(i) submit to the mortgagee reasonable evidence that the tenants of at least 51 per cent of the occupied homes in the housing accommodation have approved the purchase of the housing accommodation;
(ii) submit to the mortgagee a proposed purchase and sale agreement on substantially equivalent terms and conditions to that received by the mortgagee in the third-party offer within 60 days of receipt of notice of the bid made under paragraph (3);
(iii) obtain a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and
(iv) close on such purchase within an additional 90 days after the end of the 90-day period under clause (iii).
(B) No mortgagee shall unreasonably refuse to enter into, or unreasonably delay, the execution or closing on a purchase and sale with tenants who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of a bid received at auction. Failure of the tenants to submit such a purchase and sale agreement within the first 60-day period, to obtain a binding commitment for financing within the additional 90-day period or to close on the purchase within the second 90-day period, shall serve to terminate the rights of such tenants to purchase. The time periods provided in this paragraph may be extended by agreement.
(C) Nothing herein shall be construed to require a mortgagee to provide financing to such tenants. A group or association of tenants that has the right to purchase hereunder, at its election, may assign its purchase right hereunder to the city, town, housing authority, or agency of the commonwealth, nonprofit, community development corporation, affordable housing developer, or land trust for the purpose of permanently continuing the use of the housing accommodation as affordable rental housing.
(D) If there are no third-party bids at auction for the housing accommodation, the tenants shall have a right of first refusal whenever the mortgagee seeks to sell the housing accommodation. The tenants shall be notified of any offers the mortgagee intends to accept and shall be given an opportunity to meet the price and substantially the terms of a third-party offer based on the same timeline described in paragraph (4).
(5) The right of first refusal created herein shall inure to the tenants for the time periods herein before provided, beginning on the date of notice to the tenants under paragraph (1).
(6) In any instance where the tenants are not the successful purchaser of the housing accommodation, the seller of such unit shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the secretary of the executive office and the registry of deeds for the county and district where the property is located within 7 days of the sale.
(7) An owner shall not evict a tenant to avoid application of this subsection.
(8) An aggrieved tenant may seek damages under chapter 93A and may file a complaint with the attorney general. A tenant may seek damages including a percentage of the sales price or injunctive relief in the form of specific performance to compel transfer of property, or both compensatory and injunctive relief. Nothing in this subsection shall be construed to limit or constrain in any way the rights tenants currently have under applicable laws, including, but not limited to, chapters 186 and 186A. At all times, all parties shall negotiate in good faith.
(9) The attorney general shall enforce this subsection and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents.
SECTION 133A1/4. Chapter 270 of the General Laws is hereby amended by adding the following section:-
Section 30. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Department”, the department of public health.
“Food”, a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.
“Kratom product”, a food product or dietary ingredient containing any part of the leaf of the Mitragyna speciosa plant, or a kratom extract, manufactured as a food, powder, capsule, pill, beverage or other edible product, including, but not limited to, any material, compound, mixture or preparation containing kratom.
“Kratom retailer”, a person or entity who sells maintains or distributes kratom or advertises, represents or holds itself out as selling, maintaining or distributing kratom products.
“Manufacture”, the production, preparation, compounding or processing of a kratom product, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; provided, that manufacture shall include, but shall not be limited to, any packaging or repackaging of a kratom product or labeling or relabeling of its container.
(b) A kratom retailer shall not sell, distribute or offer for sale a kratom product without a label clearly stating: (i) the name and address of its manufacturer; (ii) a full list of its ingredients; and (iii) directions for its safe and effective use, including the recommended serving size.
(c) A kratom retailer shall not distribute, advertise, sell or offer for sale:
(i) a kratom product that is contaminated with a dangerous non-kratom substance; provided, that a kratom product shall be considered to be contaminated with a dangerous non-kratom substance if the kratom product contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, a controlled substance or controlled substance analogue as both are defined in section 1 of chapter 94C;
(ii) a kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2 per cent of the overall alkaloid composition of the product; or
(iii) a kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant.
(d) A kratom retailer shall not knowingly distribute, sell or offer for sale any kratom product to an individual under 21 years of age.
(e) A kratom retailer who violates subsection (b) or subsection (c) shall be subject to an administrative fine of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense. Upon the request of a person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with chapter 30A.
(f) A kratom retailer shall not be in violation of subsection (b) or subsection (c) if it can show by a preponderance of the evidence that it relied in good faith upon the representations of a manufacturer, processor, packer or distributor of a kratom product or food represented to be a kratom product that such product was in compliance with this section.
(g) A kratom retailer who violates subsection (d) shall be punished by a fine of $1,000 for the first offense, $2,000 for a second offense and $5,000 for a third or subsequent offense. Upon the request of a person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with chapter 30A.
(h) The department shall promulgate rules and regulations for the administration and enforcement of this section, including, but not limited to, standards for accurate labeling and for testing kratom products for safety.
SECTION 133A1/2. Section 5B of chapter 271 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 55 and 56, the words “whether live or simulcast” and inserting in place thereof the following words:- whether live, simulcast or historical.
SECTION 133B1/3. Section 17A of said chapter 271, as so appearing, is hereby amended by inserting after the word “5C”, in line 20, the following words:- or section 5D.
SECTION 133AA 1/4. Chapter 175 of the General Laws is hereby amended by striking out section 162Z and inserting in place thereof the following section:-
Section 162Z. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Designated responsible producer” or “DRP”, a person responsible for the limited lines travel insurance producer’s compliance with the travel insurance laws, rules and regulations.
“Limited lines travel insurance producer”, a: (i) managing general agent or third-party administrator; (iii) licensed insurance producer, including a limited lines producer; or (iii) travel administrator.
“Offer and disseminate”, to provide general information, including a description of the coverage and price, as well as processing the application, collecting premiums.
“Travel administrator”, a person who directly or indirectly underwrites, collects charges, collateral or premiums from, or adjusts or settles claims on residents of the commonwealth, in connection with travel insurance; provided, that a person shall not be considered a travel administrator if that person’s only actions that would otherwise cause it to be considered a travel administrator are among the following:
(i) a person working for a travel administrator to the extent that the person’s activities are subject to the supervision and control of the travel administrator;
(ii) an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer’s license;
(iii) a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this section;
(iv) an individual adjusting or settling claims in the normal course of that individual’s practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage; or
(v) a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.
“Travel insurance”, insurance coverage for personal risks incidental to planned travel as defined in section 1 of chapter 175M.
“Travel retailer”, a business entity that makes, arranges or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
(b)(1) The commissioner may issue to an individual or business entity a limited lines travel insurance producer license if that individual or business entity has filed an application for a limited lines travel insurance producer license with the commissioner in a form and manner prescribed by the commissioner. A limited lines travel insurance producer license may authorize a limited lines travel insurance producer to sell, solicit or negotiate travel insurance through a licensed insurer. No person shall act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered, respectively.
(2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer license if the following conditions are met:
(i) the limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (A) a description of the material terms or the actual material terms of the insurance coverage; (B) a description of the process for filing a claim; (C) a description of the review or cancellation process for the travel insurance policy; and (D) the identity and contact information of the insurer and limited lines travel insurance producer;
(ii) at the time of licensure, the limited lines travel insurance producer shall establish and maintain a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on the limited lines travel insurance producer’s behalf; provided, however, that the register shall be maintained and updated annually by the limited lines travel insurance producer and shall include the name, address and contact information of the travel retailer and an officer or person who directs or controls the travel retailer’s operations and the travel retailer’s federal tax identification number; provided further, that the limited lines travel insurance producer shall submit the register to the division of insurance upon reasonable request and shall certify that the travel retailer registered complies with 18 U.S.C. section 1033; and provided further, that the grounds for the suspension, revocation and the penalties applicable to resident insurance producers under this chapter and chapter 176D shall be applicable to the limited lines travel insurance producers and travel retailers;
(iii) the limited lines travel insurance producer has designated 1 of its employees, who is a licensed individual producer, as the DRP;
(iv) the DRP, president, secretary, treasurer and any other officer or person who directs or controls the limited lines travel insurance producer’s insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer;
(v) the limited lines travel insurance producer has paid all applicable insurance producer licensing fees; and
(vi) the limited lines travel insurance producer shall require each employee and authorized representative of the travel retailer, whose duties include offering and disseminating travel insurance, to receive a program of instruction or training, which may be subject, at the discretion of the commissioner, to review and approval by the commissioner; provided, however, that the training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices and required disclosures to prospective customers.
(c) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that have been approved by the travel insurer. Such materials shall include information which, at a minimum: (i) provides the identity and contact information of the insurer and the limited lines travel insurance producer; (ii) explains that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and (iii) explains that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer’s existing insurance coverage.
(d) A travel retailer’s employee or authorized representative who is not licensed as a limited lines travel insurance producer shall not: (i) evaluate or interpret the technical terms, benefits and conditions of the offered travel insurance coverage; (ii) evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or (iii) hold oneself out as a licensed insurer, licensed producer or insurance expert.
(e) Notwithstanding any other provision in law, a travel retailer, whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer, meeting the conditions stated in this section, may receive related compensation, upon registration by the limited lines travel insurance producer as described in subsection (b).
(f) Travel insurance may be provided under an individual policy or under a group or blanket policy.
(g) As the insurer designee, the limited lines travel insurance producer shall be responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this section.
(h) Any person licensed in a major line of authority as an insurance producer may sell, solicit and negotiate travel insurance. A property and casualty insurance producer shall not be required to become appointed by an insurer in order to sell, solicit or negotiate travel insurance.
SECTION 133AA 1/2. The General Laws are hereby further amended by inserting after chapter 175M the following chapter:-
Chapter 175N
TRAVEL INSURANCE
Section 1. (a) The purpose of this chapter shall be to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in the commonwealth.
(b) The requirements of this chapter shall apply to travel insurance that covers any resident of the commonwealth, and is sold, solicited, negotiated or offered in the commonwealth, and policies and certificates are delivered or issued for delivery in the commonwealth. This chapter shall not apply to cancellation fee waivers or travel assistance services, except as expressly provided herein.
(c) All other applicable provisions of the commonwealth’s insurance laws shall continue to apply to travel insurance except that the specific provisions of this chapter shall supersede any general provisions of law that would otherwise be applicable to travel insurance.
Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Aggregator site”, a website that provides access to information regarding insurance products from more than 1 insurer, including product and insurer information, for use in comparison shopping.
“Blanket travel insurance”, a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group.
“Cancellation fee waiver”, a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier’s underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. A cancellation fee waiver shall not be insurance.
“Commissioner”, the commissioner of insurance.
“Eligible group”, solely for the purposes of travel insurance, 2 or more persons who are engaged in a common enterprise or have an economic, educational or social affinity or relationship, including, but not limited to, any of the following:
(i) any entity engaged in the business of providing travel or travel services, including, but not limited to: tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs and common carriers or the operator, owner or lessor of a means of transportation of passengers, including, but not limited to, airlines, cruise lines, railroads, steamship companies and public bus carriers, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group shall have a common exposure to risk attendant to such travel;
(ii) any college, school or other institution of learning, covering students, teachers, employees or volunteers;
(iii) any employer covering any group of employees, volunteers, contractors, board of directors, dependents or guests;
(iv) any sports team, camp or sponsor thereof, covering participants, members, campers, employees, officials, supervisors or volunteers;
(v) any religious, charitable, recreational, educational or civic organization, or branch thereof, covering any group of members, participants or volunteers;
(vi) any financial institution or financial institution vendor, or parent holding company, trustee or agent of or designated by 1 or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors or purchasers;
(vii) any incorporated or unincorporated association, including labor unions, having a common interest, constitution and bylaws and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;
(viii) any trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers, subject to the commissioner’s permitting the use of a trust and the state’s premium tax provisions in section 3 of 1 or more associations meeting the requirements of clause (vii);
(ix) any entertainment production company covering any group of participants, volunteers, audience members, contestants or workers;
(x) any volunteer fire department, ambulance, rescue, police, court or any first aid, civil defense or other such volunteer group;
(xi) preschools, daycare institutions for children or adults and senior citizen clubs;
(xii) any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees or passengers defined by their travel status on the rented or leased vehicles; provided, that the common carrier, the operator, owner or lessor of a means of transportation, or the automobile or truck rental or leasing company, shall be the policyholder under a policy to which this section applies; or
(xiii) any other group where the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest.
“Fulfillment materials”, documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan’s coverage and assistance details.
“Group travel insurance”, travel insurance issued to any eligible group.
“Limited lines travel insurance producer”, as defined section 162Z of chapter 175.
“Offer and disseminate”, as defined in section in section 162Z of chapter 175.
“Primary certificate folder”, an individual person who elects and purchases travel insurance under a group policy.
“Primary policyholder”, an individual person who elects and purchases individual travel insurance.
“Travel administrator”, as defined in section 162Z of chapter 175.
“Travel assistance services”, non-insurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the service shall not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services include, but shall not be limited to: security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services and any other service that may be furnished in connection with planned travel. Travel assistance services shall not be insurance and not related to insurance.
“Travel insurance”, insurance coverage for personal risks incidental to planned travel including, but not limited to: (i) an interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) sickness, accident, disability or death occurring during travel; (v) emergency evacuation; (vi) repatriation of remains; or (vii) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner; provided, however, that “travel insurance” shall not include major medical plans, which provide comprehensive medical protection for travelers with trips lasting longer than 6 months, including, for example, people working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.
“Travel protection plans”, plans that provide 1 or more of the following: travel insurance, travel assistance services and cancellation fee waivers.
“Travel retailer”, a business entity that makes, arranges or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
Section 3. (a) A travel insurer shall pay premium tax, as provided in section 22 of chapter 63, on travel insurance premiums paid by any of the following:
(i) an individual primary policyholder who is a resident of the commonwealth;
(ii) a primary certificate holder who is a resident of the commonwealth who elects coverage under a group travel insurance policy; or
(iii) a blanket travel insurance policyholder who is a resident in or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in the commonwealth for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
(b) A travel insurer shall: (i) document the state of residence or principal place of business of the policyholder or certificate holder, as required in subsection (a); and (ii) report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.
Section 4. Travel protection plans may be offered for 1 price for the combined features that the travel protection plan offers in the commonwealth if:
(i) the travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
(ii) the fulfillment materials: (A) describe and delineate the travel insurance, travel assistance services and cancellation fee waivers in the travel protection plan; and (B) include the travel insurance disclosures and the contact information for persons providing travel assistance services, and cancellation fee waivers, as applicable.
Section 5. (a) All persons offering travel insurance to residents of the commonwealth shall be subject to chapter 176D, except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of the commonwealth’s laws regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter shall control.
(b) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy shall be an unfair trade practice under chapter 176D.
(c)(1) All documents provided to consumers prior to the purchase of travel insurance, including, but not limited to, sales materials, advertising materials and marketing materials, shall be consistent with the travel insurance policy itself, including, but not limited to, forms, endorsements, policies, rate filings and certificates of insurance.
(2) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase and in the coverage’s fulfillment materials.
(3) The fulfillment materials and the information described in clause (i) of paragraph (2) of subsection (b) of section 162Z of chapter 175 shall be provided to a policyholder or certificate holder as soon as practicable, following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (i) 15 days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or (ii) 10 days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail. For the purposes of this section, delivery shall mean handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
(4) The travel insurance company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(5) Where travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the web page; provided, that the consumer shall have access to the full provisions of the policy through electronic means.
(d) No person offering, soliciting or negotiating travel insurance or travel protection plans on an individual or group basis shall do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.
(e) It shall be an unfair trade practice to market blanket travel insurance coverage as free.
(f) Where a consumer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: (i) purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (ii) agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.
Section 6. (a) Notwithstanding any other provisions of this chapter, no person shall act or represent itself as a travel administrator for travel insurance in this state unless that person is a: (i) licensed property and casualty insurance producer in this state for activities permitted under that producer license; (ii) managing general agent in the commonwealth; or (iii) third-party administrator in the commonwealth.
(b) An insurer shall be responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and shall be responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.
Section 7. (a) Notwithstanding any other provision of this chapter, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance; provided, however, that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
(b) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels; provided, that said standards shall meet the state’s underwriting standards for inland marine.
Section 8. The commissioner may promulgate regulations to implement this chapter.
SECTION 133AA 3/4. Section 1 of chapter 176J of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the definition of “Health benefit plan” and inserting in place thereof the following definition:-
“Health benefit plan”, any individual, general, blanket or group policy of health, accident and sickness insurance issued by an insurer licensed under chapter 175; an individual or group hospital service plan issued by a non-profit hospital service corporation under chapter 176A; an individual or group medical service plan issued by a nonprofit medical service corporation under chapter 176B; and an individual or group health maintenance contract issued by a health maintenance organization under chapter 176G. Health benefit plans shall not include: accident only, credit only, limited scope vision or dental benefits if offered separately; hospital indemnity insurance policies that provide a benefit to be paid to an insured or a dependent, including the spouse of an insured, on the basis of a hospitalization of the insured or a dependent, that are sold as a supplement and not as a substitute for a health benefit plan and that meet any requirements set by the commissioner by regulation; disability income insurance; coverage issued as a supplement to liability insurance; specified disease insurance that is purchased as a supplement and not as a substitute for a health plan and meets any requirements the commissioner by regulation may set; insurance arising out of a workers’ compensation law or similar law; automobile medical payment insurance; insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in a liability insurance policy or equivalent self insurance; long-term care if offered separately; coverage supplemental to the coverage provided under 10 U.S.C. 55 if offered as a separate insurance policy; or any policy subject to chapter 176K or any similar policies issued on a group basis, Medicare Advantage plans or Medicare Prescription drug plans. A health plan issued, renewed or delivered within or without the commonwealth to an individual who is enrolled in a qualifying student health insurance program under section 18 of chapter 15A shall not be considered a health plan for the purposes of this chapter and shall be governed by said chapter 15A. The commissioner may by regulation define other health coverage as a health benefit plan for the purposes of this chapter.
SECTION 133B. Section 1 of chapter 80 of the acts of 1929 is hereby amended by striking out the third paragraph, as appearing in section 1 of chapter 477 of the acts of 1989, and inserting in place thereof the following paragraph:-
Beginning at point L in latitude sixteen thousand four hundred twenty-eight and sixteen one hundredths feet north and longitude four thousand five hundred thirty-four and seven one hundredths feet west, said point L being the most northerly point of the harbor line hereby established on the westerly side of Acushnet river, being located north four degrees, twenty-one minutes, fifty-five seconds east, true bearing, three hundred sixty-three and fifty-eight one hundredths feet from Mark 10 on the Manomet mill property in the city of New Bedford; thence south five degrees, twenty minutes, thirty-three seconds east, true bearing, three thousand seven hundred fifteen and three tenths feet to point M in latitude twelve thousand seven hundred twenty-nine feet north and longitude four thousand one hundred eighty-eight and fourteen one hundredths feet west, said point M being located north seventy-six degrees, forty-two minutes, fifty-seven seconds east, true bearing, one thousand seven hundred thirteen and forty-seven one hundredths feet from a stone monument at the southeasterly corner of Belleville avenue and Sawyer street in the city of New Bedford; thence south thirty-four minutes, two seconds west, true bearing, one thousand one hundred forty-four and eighty-eight one hundredths feet to point N in latitude eleven thousand five hundred eighty-four and seventeen one hundredths feet north and longitude four thousand one hundred ninety-nine and forty-eight one hundredths feet west, said point N being located south two degrees, thirty-two minutes, forty-nine seconds east, true bearing, fifty-nine and forty-eight one hundredths feet from Mark 11 on the Coggeshall street bridge near the city of New Bedford end; thence south twenty-seven degrees, thirteen minutes, eight seconds west, true bearing, one thousand one hundred two and seven one hundredths feet to point O in latitude ten thousand six hundred four and fifteen one hundredths feet north and longitude four thousand seven hundred three and fifty-five one hundredths feet west, said point O being located south twenty degrees, fifty-one minutes, sixteen seconds east, true bearing, two hundred eighty-five and seven one hundredths feet from Mark 12 at the easterly end of Washburn street in the city of New Bedford; thence south twelve degrees, sixteen minutes, twenty-nine seconds west, true bearing, one thousand five hundred fifty-three and forty-six one hundredths feet to point P1 in latitude nine thousand eighty-six and twenty one hundredths feet north and longitude five thousand thirty-three and eighty-two one hundredths feet west, said point P1 being located north eighty-three degrees, one minute, fifty-seven seconds east, true bearing, three hundred twenty-two and ninety one hundredths feet from Mark 13 near the southeasterly corner of Wamsutta wharf in the city of New Bedford; thence south three degrees, forty-six minutes, fifty seconds west, true bearing, three thousand ninety-eight and seventy-six one hundredths feet to point Q1 in latitude five thousand nine hundred ninety-four and eighteen one hundredths feet north and longitude five thousand two hundred thirty-eight and thirteen one hundredths feet west, said point Q1 being located north seventy-five degrees, thirty-four minutes, twenty-six seconds east, true bearing, six hundred thirty-six and fifteen one hundredths feet from a stone monument, at the intersection of the southerly line of Hillman street, extended easterly, and the westerly line of North Water street extended northerly, in the city of New Bedford; thence south three degrees, fifteen minutes, forty-four seconds east, true bearing, five hundred forty-seven and twelve one hundredths feet to point R1 in latitude five thousand four hundred forty-seven and ninety-five one hundredths feet north and longitude five thousand two hundred seven feet west, said point R1 being located south eighty-two degrees, nine minutes, twenty seconds east, true bearing, six hundred eleven and ninety-four one hundredths feet from a stone monument at the southwest corner of North street and North Water street in the city of New Bedford; thence south thirteen degrees, forty-five minutes, thirteen seconds east, true bearing, four hundred forty-eight and seven one hundredths feet to point S in latitude five thousand twelve and seventy-three one hundredths feet north and longitude five thousand one hundred and forty-seven one hundredths feet west, said point S being located north seventy-seven degrees, twenty-eight minutes, twenty-one seconds east, true bearing, fifteen and forty-four one hundredths feet from Mark 14 on the southerly side of the New Bedford and Fairhaven bridge near the city of New Bedford end; thence south nine degrees, thirty-seven minutes, fifty-six seconds east, true bearing, three hundred fifteen and ten one hundredths feet to point T1 in latitude four thousand seven hundred two and seven one hundredths feet north and longitude five thousand forty-seven and seventy-five one hundredths feet west, said point T1 being located north eighty degrees, twenty minutes, forty-six seconds east, true bearing, twenty-eight and three one hundredths feet from Mark 15 near the southeasterly corner of Union street railway wharf in the city of New Bedford; thence south forty-eight degrees, fifty-nine minutes, forty-one seconds east, true bearing, nine hundred sixty-one and thirty-one one hundredths feet to point U1 in latitude four thousand seventy-one and thirty-two one hundredths feet north and longitude four thousand three hundred twenty-two and twenty-nine one hundredths feet west, said point U1 being located south sixty-five degrees, fifty-eight minutes, forty-four seconds east, true bearing, ninety-four and twenty-five one hundredths feet from Mark 16 near the northwesterly corner of the state pier in the city of New Bedford; thence south fourteen degrees, three minutes, ten seconds east, true bearing, four thousand three hundred four and five one hundredths feet to point V1A in latitude one hundred three and ninety-one one hundredths feet south and longitude three thousand two hundred seventy-seven and twenty-one one hundredths feet west, said point V1A being located south fifty-two degrees, three minutes, thirty-one seconds west, true bearing, three thousand two hundred sixty-four and twenty-four one hundredths feet from Mark 2 on the southwesterly corner of Atlas Tack Company’s wharf in the town of Fairhaven; thence north thirty-one degrees, fifty minutes, one second east, true bearing, two thousand one hundred eighty-one and forty one hundredths feet to point V2 in latitude one thousand seven hundred forty-nine and thirty-seven hundredths feet north and longitude two thousand one hundred twenty-six and sixty-two hundreds feet west, said point V2 south eighty-three degrees, twenty-two minutes, fifty-six seconds west, true bearing, one thousand four hundred forty-eight and fifteen hundredths feet from said Mark 2 on the southwesterly corner of Atlas Tack Company’s wharf in the town of Fairhaven; thence south twenty-eight degrees, fourteen minutes, five seconds east, true bearing, two thousand six hundred forty-seven and seventy-eight hundredths feet to point V3 in latitude five hundred eighty-three and thirty-six hundredths feet south and longitude eight hundred seventy-three and ninety-nine hundredths feet west, said point V3 being located south four degrees, fourteen minutes, nine seconds west, true bearing, two thousand five hundred six and fifty-four hundredths feet from said Mark 2 on the southwesterly corner of Atlas Tack Company’s wharf in the town of Fairhaven. Point V3 being the southerly end of the harbor line is hereby established on the easterly side of New Bedford Harbor.
SECTION 134. Section 7A of chapter 271 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 140 and 141, the words “three bazaars in any single calendar year nor shall such organization conduct more than”.
SECTION 135. Item 7002-1509 of section 2 of chapter 140 of the acts of 2024 is hereby amended by adding the following words:- or other similar visa programs.
SECTION 135A. Section 52 of chapter 206 of the acts of 2024 is hereby amended by adding the following subsection:-
(f)(1) Notwithstanding subsection (c) and any other general or special law to the contrary, prior to the proposal process authorized pursuant to subsection (c) for Veterans Memorial skating rink in the town of Arlington, Flynn Memorial rink in the city of Medford, LoConte Memorial rink in the city of Medford and Veterans Memorial rink in the city of Waltham, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall notify the city or town where the rink is located, in writing, of its intent to lease the property.
(2) The commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall, in the notice pursuant to paragraph (1), offer to lease and enter into other agreements with the relevant city or town pursuant to paragraph (1) under terms and conditions that the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, consider appropriate, including, but not limited to, rent and other consideration.
(3) Not later than 30 days after the date of the commissioner’s written notice, pursuant to paragraph (1), the city or town shall submit to the commissioner of capital asset management and maintenance and the department of conservation and recreation its intent to enter into a lease agreement.
(4) If the city or town pursuant to paragraph (1) submits written notice of its intent to enter into a lease agreement, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall promptly commence negotiations of the lease and other agreements for the use, operation, maintenance, repair and improvement of the state-owned ice skating rink and facility.
(5) Any lease pursuant to this subsection shall be for a term not to exceed 30 years and shall include: (i) reservation policies; (ii) proposed reasonable rates that ensure continued public access; (iii) required financial audits; (iv) policies to encourage the use of the ice skating rink by persons of all races and nationalities; (v) safety and security plans; (vi) seasonal opening and closing dates; (vii) hours of operation; and (viii) how the operator will ensure that ice time at the ice skating rink shall be allocated to user groups in the following order of priority: (A) general public skating and nonprofit youth groups; (B) school hockey and for-profit youth groups; and (C) adult organizations or informal groups. Ice time may be allocated at the discretion of the operator; provided, however, that general public skating shall be booked in 2-hour continuous blocks at a minimum of 12 hours per week, with a range of times and days that reasonably allow for public skaters of all ages to participate in public skating sessions.
SECTION 136. Section 3 of chapter 214 of the acts of 2024 is hereby amended by striking out the figure “2026” and inserting in place thereof the following figure:- 2029.
SECTION 137. Said section 3 of said chapter 214 is hereby further amended by inserting after the word “Matching” the following words:- , Fiscal Resilience.
SECTION 138. Section 4 of said chapter 214 is hereby further amended by inserting after the word “Matching” the following words:- , Fiscal Resilience.
SECTION 139. Said chapter 214 is hereby further amended by inserting after section 4 the following section:-
SECTION 4A. Notwithstanding section 2EEEEEE of chapter 29 of the General Laws or any other general or special law to the contrary, the secretary of administration and finance shall expend $200,000,000 from the Commonwealth Federal Matching, Fiscal Resilience and Debt Reduction Fund established in said section 2EEEEEE of said chapter 29, in consultation with the executive office of education, the executive office of labor and workforce development and the executive office of economic development, as a bridge funding reserve to support institutions of higher education in the commonwealth; provided, that $175,000,000 shall be expended to support public institutions of higher education in the commonwealth; provided further, that $25,000,000 shall be expended to support private institutions of higher education in the commonwealth that are nonprofit organizations; provided further, that said funds shall enable public and private institutions of higher education in the commonwealth to adapt to federal funding uncertainty, loss or diminishment of federal research funding, to encourage advancement of scientific research, enhance employment opportunities and talent development and to enable participation in partnerships and joint ventures related to research and innovation; provided further, that said amounts may be used as flexible funding support for public and private institutions of higher education in the commonwealth to fund direct and indirect costs of research, to retain talent and preserve the pace of scientific discovery in the commonwealth; provided further, that said amounts may be used as a talent retention and extension reserve to fund positions in research and teaching, including graduate, post doctorate and other early career research professionals that would otherwise be unfunded due to reductions in federal indirect rates, to build a bridge to future funding levels and sources; provided further, that said amounts may be used to fund research opportunities, partnerships and joint ventures to support research activity, employment and advance innovation and opportunity in the commonwealth, including considerations of regional impact and geographic equity, including, but not limited to, opportunities related to advanced manufacturing and technology, agricultural science and technology, bioengineering and life sciences, civil engineering and advanced construction materials, climate and environmental science, ecology, education and child development, electronics, energy, fisheries and wildlife science and management, forestry science and management, marine science and technology, medical science and technology, meteorology and atmospheric science, nursing science, public health and applied health sciences, and robotics; provided further, that the executive office for administration and finance shall submit quarterly reports to the clerks of the house of representatives and the senate and the house and senate committees on ways and means detailing expenditures under this section and said sums shall be made available through the fiscal year ending June 30, 2028; and provided further, that the executive office for administration and finance may transfer any funds available under this section as necessary to carry out the purposes of this section.
SECTION 139A. (a) Notwithstanding section 4 of chapter 128C of the General Laws, section 11 of chapter 494 of the acts of 1978 or any other general or special law to the contrary, the running horse racing licensee in Suffolk county that conducted simulcasting as of December 31, 2020 shall not be obligated to make any further payments into the Running Horse Promotional Trust Fund, established pursuant to said section 11 of said chapter 494.
(b) All amounts in the Running Horse Promotional Trust Fund and in the Running Horse Capital Improvements Trust Fund, established pursuant to section 11 of chapter 494 of the acts of 1978, attributable to the running horse racing licensee in Suffolk county that conducted simulcasting as of December 31, 2020 shall be returned by the Massachusetts gaming commission to said licensee without further condition.
SECTION 139B. Notwithstanding any general or special law to the contrary, including, but not limited to, any expiration or repeal of chapter 128A or chapter 128C of the General Laws, a racing licensee under said chapter 128A who offers in-person wagering on historical horse races pursuant to section 5D of said chapter 128A, as inserted by section 129B, shall continue to be a racing licensee for purposes of said section 5D of said chapter 128A and shall be authorized to continue to offer such wagering for a minimum period of 5 years from the date it first offers such wagering. Such authorization of any such licensee shall be automatically extended for successive 5-year periods; provided, that at the end of any 5-year period, the licensee shall be in good standing and in compliance with said section 5D of said chapter 128A and the rules and regulations promulgated by the Massachusetts gaming commission pursuant thereto.
SECTION 140. Item 7002-1522 of section 2 of chapter 238 of the acts of 2024 is hereby amended by striking out the words “technologies developed with the assistance of” and inserting in place thereof the following words:- technologies, with preference for companies receiving.
SECTION 141. Item 7002-1523 of said section 2 of said chapter 238 is hereby amended by striking out the words “proteins developed with the assistance of” and inserting in place thereof the following words:- proteins, with preference for companies receiving.
SECTION 141A. Subsection (a) of section 280 of said chapter 238 is hereby amended by striking out the definition of “Tolling period” and inserting in place thereof the following definition:-
“Tolling period”, the period from January 1, 2023 to January 1, 2027, inclusive.
SECTION 141B. Paragraph (1) of subsection (b) of said section 280 of said chapter 238 is hereby amended by striking out the words “2 years” and inserting in place thereof the following words:- 4 years.
SECTION 142. Said chapter 238 is hereby further amended by striking out section 320 and inserting in place thereof the following section:-
SECTION 320. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, shall take effect for taxable years beginning on or after January 1, 2027.
SECTION 143. Said chapter 238 is hereby further amended by striking out section 324 and inserting in place thereof the following section:-
SECTION 324. Section 316 shall take effect on January 1, 2033.
SECTION 144. Section 97 of chapter 14 of the acts of 2025 is hereby amended by striking out the words “January 1, 2026” and inserting in place thereof the following words:- September 1, 2027.
SECTION 1441/2. Section 2A of chapter 101 of the acts of 2026 is hereby amended by striking out item 1599-8999 and inserting in place thereof the following item:-
1599-8999 For a transfer to the Transition Age Youth Services Matching Fund established in section 2QQQQQQ of chapter 29 of the General Laws……..…….$1,000,000
SECTION 144A. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, on behalf of and in consultation with the board of trustees of the Massachusetts Maritime Academy, may lease, as tenant, real property comprising not less than 200,000 rentable square feet for the establishment and operation of a maritime workforce and education campus within a maritime industrial operating environment.
(b) The premises leased pursuant to this section shall: (i) be located within a designated port area established pursuant to chapter 91 of the General Laws; (ii) have direct frontage on, and access to, deep water navigable by oceangoing vessels; and (iii) include, or be served by, a graving dock in excess of 1,000 linear feet in length.
(c) The commissioner may enter into such lease for a term, including any extensions, not to exceed 50 years. The premises shall be used for the educational, training, research, workforce development and related purposes of the Massachusetts Maritime Academy and for other uses reasonably related thereto. The lease shall contain such terms and conditions, including as to consideration, as determined by the commissioner, in consultation with the board of trustees of the Massachusetts Maritime Academy. The commissioner may take such actions as are necessary or convenient to carry out this section without further compliance with the advertisement, proposal and competitive selection requirements otherwise applicable to the acquisition of real property by rental for the use of a state agency.
SECTION 145. Notwithstanding any general or special law to the contrary, the members serving on the advisory board on employee ownership appointed by the governor pursuant to subsection (a) of section 204 of chapter 6, amended by section 3, on the effective date of this act shall continue to serve for the remainder of their current terms as originally appointed. Upon the expiration of the terms of such members, the governor shall appoint 2 members to serve for a term of 1 year, 3 members to serve a term of 2 years, 3 members to serve a term of 3 years and 3 members to serve for a term of 4 years. Upon the expiration of such terms, the governor shall appoint all members to serve a term of 4 years.
SECTION 146. Notwithstanding any general or special law to the contrary, any unexpended funds held by the Massachusetts Alternative and Clean Energy Investment Trust Fund established in section 35FF of chapter 10 of the General Laws and the Renewable Energy Trust Fund established in section 9 of chapter 23J of the General Laws shall transfer to the Climatetech Investment Fund established in section 15 of chapter 23J of the General Laws.
SECTION 146A. The Massachusetts Development Finance Agency shall study the Local Infrastructure Development Program established pursuant to chapter 23L of the General Laws and render recommendations for how to increase the utilization and effectiveness of the program for municipal infrastructure investments. The report shall include recommendations for including a pay-as-you-go infrastructure investment model and other forms of public-private partnerships, with particular consideration of empowering municipal governments to support new growth, job creation, housing development and how to attract private investment. The report shall be submitted to the clerks of the house of representatives and the senate and the chairs of the joint committee on economic development and the chairs of the joint committee on municipalities.
SECTION 147. (a) Notwithstanding any general or special law to the contrary, if the economic assistance coordinating council awards less than the full amount of tax credits authorized by subsection (c) of section 3D of chapter 23A of the General Laws, if the Massachusetts Life Science Center awards less than the full amount of tax credits authorized by subsection (d) of section 5 of chapter 23I of the General Laws or if the Massachusetts clean energy center awards less than the full amount of tax credits authorized by subsection (d) of section 16 of chapter 23J of the General Laws, then, in each case, the balance of unallocated tax credits and the funds budgeted to finance that balance may be carried forward to the next calendar year with the approval of the secretary of administration and finance, in consultation with the secretary of economic development.
(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, in consultation with the secretary of economic development, shall have the discretion to reallocate some or all of the tax credits that are carried forward pursuant to subsection (a) among and between the tax credit programs established pursuant to section 3A of chapter 23A of the General Laws, section 5 of chapter 23I of the General Laws or section 16 of chapter 23J of the General Laws. Any credits carried forward or reallocated shall increase, for the calendar year in which the carry forward or reallocation occurs, the annual cap or limitation otherwise applicable to the receiving program by the amount of such credits carried forward or reallocated.
(c) Annually, not later than March 1, the secretary of administration and finance, in consultation with the secretary of economic development, shall submit a report to the house and senate committees on ways and means setting forth the amount of tax credits, if any, carried forward and reallocated pursuant to subsections (a) and (b) in the prior calendar year. The report shall state the adjusted cap applicable to each tax credit program for the upcoming calendar year.
SECTION 147A. (a) For purposes of this section, the words “attacher”, “attachments”, “department”, “double pole”, “pole” and “stakeholder” shall have the same meanings as set forth in section 34B of chapter 164 of the General Laws.
(b) Not later than July 31, 2028, the department of public utilities and the department of telecommunications and cable shall establish a single visit transfer pilot program designed to expedite the removal of double poles by allowing a single qualified entity to move all participating stakeholder attachments during 1 visit rather than requiring separate visits from each attacher. The department may model the program after similar state initiatives and upon guidance from the working group established in section 34B of chapter 164 of the General Laws. The department may invite, but shall not require, stakeholders to participate in the program.
(c) Nothing in this section shall be construed to interfere with collective bargaining agreements governing the installation, transfer or removal of poles or attachments.
SECTION 147B. (a) There shall be a special legislative commission established to investigate and study the feasibility of establishing a statewide Massachusetts Caribbean American cultural center in the city of Boston.
(b) The commission shall investigate and study various methods for establishing a Massachusetts Caribbean American cultural center in the city of Boston, including, but not limited to, the creation of a nonprofit organization to oversee the construction and management of the Massachusetts Caribbean American cultural center. The commission shall consider the representation of the over 300-year history of Caribbeans in the commonwealth and shall evaluate the costs associated with each method.
(c)(1) The commission shall consist of the following members: 4 members of the house of representatives, 3 of whom shall be of Caribbean descent or represent a district with a significant population of Caribbean people, 2 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the house minority leader; 4 members of the senate, 3 of whom shall be of Caribbean descent or represent a district with a significant population of Caribbean people, 2 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the senate minority leader; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the governor; and not more than 20 members from across the commonwealth, whose appointments shall be determined by 3 members of the house of representatives and 3 members of the senate. The commission shall elect 2 co-chairs from among its members.
(d) All appointments to the commission shall be made not later than June 30, 2027.
(e) Not later than December 31, 2028, the commission shall submit its findings, including any recommendations for legislation, to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on economic development.
SECTION 147C. The executive office of health and human services shall conduct an evaluation of the impact of removal of the licensing examination requirement for licensed certified social workers under sections 131 and 132 of chapter 112 of the General Laws, as amended by sections 120I and 120K. The executive office shall contract with an independent evaluation consultant to perform the evaluation. The evaluation shall include, but shall not be limited to: (i) an analysis of the impact of removing the examination requirement on alleviating shortages of qualified social workers; (ii) review of maintaining high-quality patient care; (iii) expanding access to quality behavioral health services; (iv) increasing the diversity of the social worker workforce among diverse language skills, race, ethnicity and cultural backgrounds; and (v) the impact of any increase in diversity on patient care, particularly for vulnerable populations. In preparing the evaluation, the consultant shall meet with representatives of organizations representing social workers, social work education, social work testing, social work patients, behavioral health advocacy organizations and other groups that may assist the evaluation. The evaluation and analysis shall be conducted independently of the executive office. Not later than July 31, 2028, the executive office shall submit the evaluation to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on higher education and the joint committee on mental health, substance use and recovery.
SECTION 147D. (a) There shall be a special commission to review any economic impacts to Cape Cod and the Islands due to the Massachusetts Department of Transportation’s Cape Cod Bridges program set to begin construction in 2027 to replace the Sagamore bridge. The commission shall identify ways to support the economic development of the Cape Cod and the Islands regions during the Sagamore bridge replacement, including: (i) exploring ways to improve mobility and accessibility for residents, the tourism industry and employees who typically access the Sagamore bridge to commute to work; (ii) exploring ways to ensure business success, including supporting the millions of tourists who travel to the regions each year; (iii) ensuring workforce reliability during significant construction, including identifying ways to reduce congestion and provide reliable and safe means to travel throughout the regions; (iv) supporting the lodging and hospitality industries to ensure access to the regions; (v) attracting seasonal workforce during the planned construction; (vi) identifying alternative means of transportation, including, but not limited to, ferry services, trains and buses; (vii) identifying cost saving measures for deliveries, transportation, freight and other transport required to Cape Cod and the Islands during the construction; and (viii) supporting the arts and cultural sectors during the construction.
(b) The commission shall consist of the following members: the executive director of the Massachusetts office of travel and tourism; 1 representative of the Cape Cod Chamber of Commerce; 1 representative from the Nantucket Island Chamber of Commerce, 1 representative from the Martha’s Vineyard Chamber of Commerce; 1 representative from the Steamship Authority; the chairs of the joint committee on tourism, arts and cultural development; 1 member of the Massachusetts Department of Transportation board of directors; the Massachusetts Department of Transportation highway administrator, or their designee; the general manager of the Massachusetts Bay Transportation Authority, or their designee; 2 representatives from the Cape Cod Regional Transit Authority; 1 person to be appointed by the Massachusetts Association of Regional Transit Authorities; a representative from the Massachusetts Lodging Association; 5 residents of the Cape Cod and the Islands regions with a background in economic development or transportation to be appointed by the Cape Cod Chamber of Commerce, with 3 of the members being from Bourne, Wareham or Sandwich. Two co-chairs shall be elected from among the members.
(c) Not later than February 1, 2027, the commission shall file a report of its study and recommendations to ensure economic success with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on transportation, and the secretary of transportation.
SECTION 148. (a) There shall be a working group on micromobility consisting of: the registrar of motor vehicles or a designee, who shall serve as chair; the administrator of the highway division of the Massachusetts Department of Transportation or a designee; the secretary of public safety and security or a designee; the commissioner of insurance or a designee; the commissioner of conservation and recreation or a designee; the commissioner of public health or a designee; 1 representative of the Massachusetts Municipal Association who shall appointed by the secretary of the Massachusetts Department of Transportation; 1 representative of the micromobility device industry who shall be appointed by the secretary of transportation; 1 representative of a citizen advocacy group who shall be appointed by the secretary of transportation; 1 representative of the insurance industry who shall be appointed by the commissioner of insurance; 1 representative of the Fire Chiefs Association of Massachusetts who shall be appointed by the secretary of public safety and security; and 1 representative of the Massachusetts Chiefs of Police Association who shall be appointed by the secretary of public safety and security.
(b) The working group shall develop recommendations for a regulatory scheme and legislation, if necessary, for the operation of micromobility devices, as provided in the report of the special commission on micromobility dated January 2026. The working group shall make recommendations for requirements for micromobility registration or identification decal, licensure to operate, clarification of the roles of dealers and manufacturers, education, speed restrictions, signage, travel allowances, insurance requirements, fines and penalties and additional operation and safety standards and requirements for micromobility devices, including whether operators and passengers of a powered micromobility device classified as speed tier 0 shall be required to wear protective headgear, regardless of age.
(c) The working group shall develop a standardized form to report crashes and incidents involving a motor vehicle, a vulnerable user, as defined in section 1 of chapter 90 of the General Laws, or any micromobility device, as defined in said section 1 of said chapter 90. The standardized form shall be used by any municipal, county or state law enforcement official or emergency medical services provider who responds to a crash or incident involving a motor vehicle, a vulnerable user or any micromobility device. The corresponding report for each crash or incident shall be transmitted to the registrar of motor vehicles. The registrar of motor vehicles shall maintain a publicly accessible database of the standardized form reports; provided, however, that no personally identifying information shall be published in the database.
(d) Not later than December 31, 2027, the working group shall complete its work and issue a report of its findings, recommendations and any proposed legislation to be published on its website and filed with the clerks of the house of representatives and the senate and the joint committee on transportation.
SECTION 148A. (a) Upon implementation of the Massachusetts secure choice savings program established pursuant to section 64H of chapter 29 of the General Laws, inserted by section 40 1/2, the Massachusetts secure choice savings board established pursuant to section 64G of said chapter 29, inserted by said section 40 1/2, shall provide written confirmation to the department of revenue.
(b) Upon receipt of the notice pursuant to subsection (a), the department of revenue shall immediately make publicly available a notice informing employers of the requirements of the Massachusetts secure choice savings program. The notice shall inform employers that rather than enrolling employees in the program, employers may sponsor an alternative plan, including, but not limited to, a defined benefit plan, a 401(k) plan, a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan.
(c) Notwithstanding section 64J of chapter 29 of the General Laws, inserted by section 40 1/2, no penalty shall be assessed against an employer for noncompliance with section 64I of said chapter 29, inserted by said section 40 1/2, until 1 year after the department of revenue issues the notice required pursuant to subsection (b).
SECTION 149. (a) Not later than 6 months after the effective date of this act, distribution companies shall file with the department of public utilities an economic development rate and guidelines for large new businesses locating to the commonwealth or large new businesses expanding in the commonwealth to seek a special contract, pursuant to section 152 of chapter 164 of the General Laws, inserted by section 133.
(b) Upon receipt of the filing required pursuant to subsection (a), the department of public utilities shall conduct a proceeding to approve, deny or modify such proposal; provided, however, that the department may only approve such proposal if it finds that the proposed economic development rate and guidance does not shift costs to or increase costs to any other utility customers in the commonwealth; and provided further, that the proposal either supports or does not hinder the achievement of the statewide greenhouse gas emissions limits and sublimits under chapter 21N of the General Laws.
SECTION 150. 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: 7002-8041 and 7002-8049.
SECTION 151. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $425,100,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to Massachusetts Winning Global Investment, Talent, and Innovation” 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, 2061. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 152. Notwithstanding any general or special law to the contrary, the first report required pursuant to subsection (f) of section 17 of chapter 23J of the General Laws, inserted by section 31, shall be due not later than 1 year after the effective date of this act.
SECTION 152A. The regulations required under subsection (g) of section 8O of chapter 90 of the General Laws, inserted by section 107A, shall be promulgated within 270 days after passage of this act.
SECTION 153. Not later than 270 days after the effective date of this act, each electric company shall submit to the gridtech deployment advisory board established in section 17 of chapter 23J, inserted by section 31, the processes the electric company plans to implement to address gridtech deployment barriers internal to the electric company.
SECTION 154. Not later than 270 days after the effective date of this act, the gridtech deployment advisory board established in section 17 of chapter 23J, inserted by section 31, shall develop and vote to file with the department of public utilities a process for the department to review, on an expedited basis, requests for limited waivers of prior department orders to alleviate gridtech deployment barriers. Such process shall be limited to reviewing waivers of prior department orders that are time-bound and finite in scope.
SECTION 154A. Not later than October 1, 2026, the executive office of health and human services shall submit proposals to the federal Center for Medicare and Medicaid Services pursuant to subsection (b) of section 67B of chapter 118E of the General Laws, inserted by section 121A, as necessary to make supplemental payments for public ambulance services that make an intergovernmental transfer.
SECTION 154B. Not later than December 1, 2026, the Massachusetts gaming commission shall promulgate regulations to implement historical horse racing as authorized by section 5D of chapter 128A of the General Laws, as inserted by section 129B. Notwithstanding section 9B of said chapter 128A or any other general or special law to the contrary, such regulations shall take immediate effect upon promulgation on an interim basis pending completion of the process set forth in said section 9B.
SECTION 155. Not later than December 31, 2026, the executive office for administration and finance shall update regulations to effectuate and implement sections 86 to 97, inclusive, of chapter 150 of the acts of 2024.
SECTION 156. Not later than 1 year after the effective date of this act, the commissioner of public health shall promulgate regulations as required by section 250 of chapter 111 of the General Laws, inserted by section 110.
SECTION 157. Not later than 1 year after the effective date of this act, the executive office of housing and livable communities shall implement the training program in section 37 of chapter 23B of the General Laws, inserted by section 8.
SECTION 157A. Notwithstanding any general or special law to the contrary, not later than December 31, 2032, the secretary of economic development shall conduct an economic impact study of video game development in the commonwealth and shall issue a report together with any recommendations. Annually, not later than December 31, the secretary shall file an economic report of all motion picture production activity in the commonwealth that receives a tax credit certificate pursuant to subsection (ll) of section 6 of chapter 62 of the General Laws and section 38XX of chapter 63 of the General Laws. Annually, not later than December 31, the secretary shall file said report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and with the joint committee on economic development and emerging technologies.
SECTION 157B. Not later than December 31, 2032, the department of revenue shall file a report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on revenue and the joint committee on economic development and emerging technologies detailing: (i) the amount of tax credit certificates issued to taxpayers established pursuant to subsection (ll) of section 6 of chapter 62 of the General Laws, section 38XX of chapter 63 of the General Laws and subsection (bbb) of section 6 of chapter 64H of the General Laws; (ii) the cost to the commonwealth of said tax credits; and (iii) the number of jobs created in Massachusetts as a result of the tax credits.
SECTION 157C. Sections 130G and 130H shall take effect upon enactment.
SECTION 157D. Section 133A 1/4 shall take effect 180 days following enactment.
SECTION 158. Section 7 shall take effect on January 1, 2028.
SECTION 159. Sections 42, 45 to 47, inclusive, 49 to 51, inclusive, 60, 62, 71 and 74 shall take effect on July 1, 2027.
SECTION 160. Sections 41 and 48 shall take effect for all municipalities upon the effective date of this act; provided, however, that for municipalities that adopted a zoning ordinance or by-law requiring some form of site plan review prior to the effective date of this act, sections 41 and 48 shall not be effective with respect to such zoning ordinance or by-law until 1 year after the effective date of this act.
SECTION 160A. Sections 120I and 120K shall take effect on January 1, 2027.
SECTION 161. Section 134 shall take effect on January 1, 2027.
SECTION 162. Sections 96, 101, 104, 105 and 107 to 109, inclusive, shall take effect on January 1, 2028.
SECTION 162A. Sections 120J and 120L shall take effect on December 31, 2030.
SECTION 162B. Section 109E shall take effect 5 years after the effective date of this act.
SECTION 163. Sections 91 to 95, inclusive, 97 to 100, inclusive, 102, 103 and 106 shall take effect 90 days after the effective date of this act.
SECTION 164. Sections 43, 61, 72 and 75 shall take effect on September 1, 2031.
SECTION 165. Section 107A shall take effect 270 days after passage of this act.