Skip to Content

Download PDF



HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2231

 

The Commonwealth of Massachusetts

 

________________________________________

 

Senate, June 27, 2014.

BILL #:  H4181

BILL STATUS:  Favorable with Amendment

DISSENTERS:

None

ACCOMPANIED BILLS:

None

For the committee,

STEPHEN M. BREWER


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2231

The committee on Ways and Means, to whom was referred the House Bill promoting economic growth across the Commonwealth (House, No. 4181); reports, recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2231.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Fourteen

_______________

 

              SECTION 1. To provide for certain unanticipated obligations of the commonwealth, to provide for alterations of purposes for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund, unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2015.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Unexpended balances of appropriations in section 2A shall be made available for expenditure in fiscal years 2016 and 2017.

              SECTION 2A. EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

              Information Technology Division.

              1750-0500              For the development of the online business portal as required by section 69              $100,000

              EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

              Office of the Secretary.

              7002-0035               For a reserve to support the commonwealth's defense sector initiatives; provided, that the executive office may allocate funds to the Massachusetts Development and Finance Agency for this purpose; and provided further that $350,000 shall be expended for education and training programs for workforce training              $700,000

              7002-1503              For the operations of the John Adams Innovation Institute within the Massachusetts Technology Park Corporation established in section 6A of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative; provided, that funds in this item shall be available for expenditure until June 30, 2018               $2,000,000

              7002-1504               For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative, to establish programs that provide advice and training from successful, experienced entrepreneurs for start-up enterprises and that create a talent pipeline to technology startups and innovation companies; provided, that $1,000,000 shall be expended to establish an entrepreneur and startup mentoring program, in consultation with the Massachusetts Technology Development Corporation established in section 2 of chapter 40G and doing business as MassVentures, to provide assistance, mentoring and advice to startups and innovation companies by connecting early-stage entrepreneurs, technology startups, and small businesses with successful, experienced business enterprises and capital financing; provided further, that $1,000,000 shall be expended to fund paid internships for students seeking careers in technology and innovation industries to work with companies competing actively in those fields; provided further, that in the design and implementation of these programs, the Massachusetts Technology Collaborative shall consult with and review the talent pipeline and mentoring programs that are administered by the Venture Development Center at the University of Massachusetts at Boston established pursuant to chapter 123 of the acts of 2006 in order to model and bring to scale successful talent pipeline programs and practices; provided further, that as a condition of such grants being awarded, the Massachusetts Technology Collaborative shall reach agreement with the grant recipient on performance measures and indicators that shall be used to evaluate the performance of the grant recipient in carrying out the activities described in the recipient’s application; provided further, that the Massachusetts Technology Collaborative shall file annual reports for the duration of the programs with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies, by January 1; provided further, the paid internship program report shall include the number of placements of students in paid internships during the academic year, an analysis of the impact of the program on the ability of its participants to enter the full-time job market in the technology and innovation industries after graduation and shall be filed annually by June 15; provided further that the entrepreneurship program report shall include an overview of the activities of the programs, the number of participants in the programs, and an analysis of the impact of the programs on the success of the participants’ startup business ventures; and provided further, that funds in this item shall be available until June 30, 2018              $2,000,000

              7002-1506              For the Transformative Development Fund established in section 46 of chapter 23G of the General Laws; provided, that not more than $2,000,000 shall be used to promote collaborative workspaces              $10,000,000

              7002-1507              For the purpose of the Brownfields Redevelopment Fund established in section 29A of chapter 23G of the General Laws              $10,000,000

              7002-1508              For the manufacturing and information technology workforce training program established in section 2LLLL of chapter 29 of the General Laws; provided, that the fund shall be used to establish and support training and education programs that address the workforce shortages of the advanced manufacturing and information technology industries with the goal of training 4,000 workers in 4 years to help meet the workforce and talent pipeline needs of employers              $10,000,000

              7002-1509              For the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative for a 3-year pilot program in collaboration with the Massachusetts Medical Device Development Center at the University of Massachusetts at Lowell and the Venture Development Center at the University of Massachusetts at Boston, established under chapter 123 of the acts of 2006, to offer candidates on nonimmigrant visas the opportunity to remain in the commonwealth to pursue practical training in entrepreneurship              $3,000,000

              7002-1510              For competitive technical assistance grants to be administered by the executive office of housing and economic development, in coordination with the Federal Reserve Bank of Boston, to provide multi-year support to initiatives that advance cross-sector collaboration among the public, private and non-profit sectors; provided, that in order to qualify for funding, a project proposal shall catalyze and accelerate initiatives that create new or stronger working relationships between key institutions, agencies, organizations and businesses within municipalities with: (i) a population of greater than 35,000 and less than 250,000; (ii) a median family income that is below the median of those similarly-sized municipalities; and (iii) a median poverty rate that is above the median for those similarly-sized municipalities; provided further, that the Federal Reserve Bank of Boston shall identify additional program eligibility requirements; and provided further, that the private sector and other institutions shall contribute to this program an amount that is at least equal to the total appropriation for the program              $1,500,000

              7002-1511              For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative to identify and promote the growth and development of companies and organizations that are engaged in the development of emerging new technologies associated with health information technology including web-based and personalized care delivery as provided in subsection (f) of section 6D of chapter 40J of the General Laws               $1,000,000

              7002-1512                 For the Big Data Innovation and Workforce Fund established in section 6H of chapter 40J of the General Laws; provided, that $150,000 shall be expended for the Venture Development Center at the University of Massachusetts at Boston              $2,000,000

              Massachusetts Office of Business Development.

              7007-1202              For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative, to develop and implement a plan to promote and establish computer science education in public schools as required by section 68; provided further, that the Massachusetts Technology Collaborative shall seek private funds necessary to match contributions equal to $1 for every $1 contributed by the collaborative; provided further, that the Massachusetts technology collaborative shall file an annual report by September 30 for the duration of the program; and provided further, that the report shall be filed with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies that includes a 3-year strategic plan and annual goals and progress in achieving those goals              $1,500,000

              Massachusetts Marketing Partnership.

              7008-1015               For the Massachusetts office of travel and tourism; provided, that with a focus on increasing visitation and spending from countries, the office shall expend funds for marketing the commonwealth in international markets to travelers; provided further, that no funds from this item shall supplant the funding appropriated in 7008-0900; provided further, that the office shall submit an annual report not later than March 1 on the effectiveness of the international marketing plan including, but not limited to, the following information: (i) the projects and amounts expended by location; (ii) the plan to expand to emerging international markets by location; (iii) barriers to expanding to emerging international markets by location; and (iv) a cost-benefit analysis of the marketing plan to the clerks of the senate and house of representatives and to the senate and house chairs of the joint committee on tourism, arts and cultural development              $5,000,000

              EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

              Department of Career Services.

              7002-1704               For the Workforce Competitiveness Trust Fund established in section 2WWW of chapter 29 of the General Laws; provided, that not less than $1,000,000 shall be transferred to the department of higher education to develop, implement and promote stackable credentials programs at public higher education institutions as required by section 15G of chapter 15A of the General Laws              $1,000,000

              7003-0606               For the commonwealth corporation for an employment training program for unemployed young adults with disabilities; provided, that funds shall be awarded competitively by the commonwealth corporation to community-based organizations with recognized success in creating strong collaborations with employers to consider young adults with disabilities; provided further, that a community-based organization that receives funding under this item shall provide extensive training and internship programming and ongoing post-placement support for participants and employers              $150,000

              EXECUTIVE OFFICE OF EDUCATION.

              Office of the Secretary.

              7009-6406              For competitive grants to cities, towns, regional school districts and institutions of public higher education for the establishment and implementation of early college high school programs; provided, that the programs shall support students who work simultaneously on the completion of a high school diploma from the partnering school district while also earning free college credits towards an associate degree or certificate at the partnering institution of higher education; provided further, that the programs shall provide full access to college support services, student activities and tutoring and shall ensure holistic wrap-around support which meets the academic, social and emotional needs of the student; provided further, that in awarding these grants, preference shall be given to innovative joint proposals, developed by partnering school districts, colleges and local and regional nonprofits where appropriate; and provided further, that the grants shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity              $750,000

              University of Massachusetts.

              7118-0100                For marine hydrokinetic research at the Massachusetts Maritime Academy; provided, that the Massachusetts Maritime Academy shall expend funds to collaborate with the University of Massachusetts at Dartmouth, Bristol Community College and other appropriate institutions in the area of marine hydrokinetic research; provided further, that not more than $150,000 shall be expended for the purchase of a tidal generator marine hydrokinetic turbine; provided further, that the Massachusetts Maritime Academy shall permit colleges and universities to conduct research and training involving tidal turbine devices; provided further, that the Massachusetts Maritime Academy shall develop course work offering access to a turbine prototype for students enrolled in majors including, but not limited to, engineering, power plant management and design and physical and biological oceanography; provided further, that funds shall be expended on research internships; provided further, that the Massachusetts Maritime Academy shall facilitate internships or cooperatives that carry academic credit with private sector companies in the area of marine hydrokinetic research; and provided further, that the Massachusetts Maritime Academy shall develop a program to provide access for private sector companies through public and private partnerships to test marine hydrokinetics and related products, including integration with the regional power grid              $1,000,000

              7100-0801              For the Innovation Commercialization Seed Fund established in section 45B of chapter 75 of the General Laws              $2,000,000

              7100-0802              For the University of Massachusetts at Lowell for technical assistance, mentoring, product development and manufacturing referral services for medical device, manufacturing and technology-based startups and to promote partnerships with the Massachusetts advanced manufacturing collaborative’s supply chain; provided, that $150,000 shall be expended for the Innovation Hub New Venture Competition; and provided further, that $500,000 shall be expended for the Massachusetts Medical Device Development Center at the University of Massachusetts at Lowell              $1,500,000

              SECTION 3. Section 16G of chapter 6A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

              (m) Annually, the secretary of housing and economic development shall prepare a strategic report in conjunction with the secretary of energy and environmental affairs for the commonwealth's commercial fishing and shellfish industry.  The secretary of housing and economic development shall annually evaluate the status of the commercial fishing industry and it shall be accompanied by recommendations for appropriate actions to be taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.

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

              SECTION 4. Section 35J of chapter 10 of the General Laws is hereby repealed.

              SECTION 5.  Chapter 15A of the General Laws is hereby amended by inserting after section 15F the following section:-

              Section 15G. (a) The department of higher education shall assess stackable credentials offered at community colleges, state universities and the University of Massachusetts campuses and, in collaboration with the public higher education institutions and regional workforce organizations, shall: (i) identify best practices to be shared and replicated across campuses to provide a clear and accessible path for students seeking to advance their education through workforce training and preparation; (ii) identify and implement stackable programs on campuses where further needs exist; and (iii) disseminate information on stackable education pathway opportunities with regional workforce agencies.  For the purposes of this section, "stackable credential" shall mean a credential earned through an education, training or apprenticeship program while attending an institution of higher education which is designed to be part of a pathway for students that, along with other stackable credentials, cumulatively leads to a degree or industry specific skills certification.  The department shall pilot this effort in the areas of advanced manufacturing and information technology.

              (b) Stackable credentials shall be available across the commonwealth and administered through public higher education institutions; provided, however, that public  higher education institutions shall: (i) develop programs responsive to industry needs based on current regional labor market data; (ii) implement the programs in a manner that ensures interconnection of competencies offered in specialized training programs; (iii) establish guidelines and standards for earning stackable credentials through workforce development or career and technical education; and (iv) determine transferability of credentials for college credit.  The credentials may be based on competency, workforce or apprentice experience or workforce preparation. In developing criteria for credentials, the department shall consult with the regional employment boards, career and technical education entities, community colleges, state universities, the University of Massachusetts, chambers of commerce, the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative, the Massachusetts Life Sciences Center and trade associations.   

              SECTION 6. Chapter 21A of the General Laws is hereby amended by adding the following section:-

              Section 24. (a) There shall be within the division of marine fisheries a coordinated program to market seafood landed in the commonwealth and to take other actions to increase consumer demand and preference for local seafood products, to support the commonwealth’s fishing and seafood industry and the residents and communities that benefit from these activities.  The objectives of the program may include, but shall not be limited to:

                            (i) increasing the public’s knowledge about the health benefits of consuming seafood and the economic importance of the commonwealth’s fishing industry to the local economy and communities;

                            (ii) educating the public on fisheries’ resources, fisheries’ management and commercial fishing to build consumer confidence in the sustainable basis for commercial fishing in the commonwealth;

                            (iii) creating name recognition and increasing consumer demand and preference for the commonwealth’s seafood products, including through the use of brand name, logo or other actions to differentiate them from other seafood products;

                            (iv) stabilizing market prices through the promotion of the commonwealth’s seafood products in low consumer demand or when the supply of those products is high;

                            (v) developing a variety of promotional and educational tools and strategies to achieve the program’s purpose and objectives, including employing market research and social media; and

                            (vi) identifying a range of sources and mechanisms to fund program activities and to increase the scope of program outreach to the public and other stakeholders.

              (b) The director of  marine fisheries shall appoint a permanent steering committee to assist the division in the administration of its seafood marketing program, including in the areas of strategic planning, financial management, prioritization of programmatic initiatives and in pursuing funding for program activities from outside sources such governments, nongovernmental organizations, industry stakeholders and other private parties. The steering committee shall consist of the director of marine fisheries or a designee who shall serve as chair, the commissioner of fish and game or a designee, the commissioner of agricultural resources or a designee, 2 members of the senate, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and1 of whom shall be appointed by the minority leader, 2 members from the house of representatives, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be appointed by the minority leader, and 12 persons to be appointed by the governor, 1 of whom shall be a representative of wholesale seafood dealers, 1 of whom shall be a representative of the seafood retail business, 1 of whom shall be a representative of the seafood restaurant business, 2 of whom shall be representatives of fishing industry advocacy organizations, 4 of whom shall be representatives from the commercial fishing and harvesting industry, 1 of whom shall be a representative of the lobster industry, 1 of whom shall be a representative of the scallop industry and 1 of whom shall be a representative of the wild caught shellfish industry.  

              SECTION 7. Section 3A of chapter 23A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definition of "Certified project" and inserting in place thereof the following definition:-

              “Certified project”, an expansion project,  enhanced expansion project, job creation project or manufacturing retention project approved by the economic assistance coordinating council for participation in the economic development incentive program pursuant to section 3F.

              SECTION 8. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of "Economic development incentive program" and inserting in place thereof the following 2 definitions:-

              “Economic benefit”, an award of any tax credit approved under this chapter, any tax increment financing approved under section 3F of this chapter or section 59 of chapter 40 or a special tax assessment approved under said section 3F.

              “Economic development incentive program” or “EDIP”, a program designed to promote increased business development and expansion to be administered by the EACC.

              SECTION 10. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Enhanced expansion project” and inserting in place thereof the following definition:-

              “Enhanced expansion project”, a facility that, in its entirety and as of the project proposal date: (i) is located or shall be located within the commonwealth; (ii) generates substantial sales from outside of the commonwealth; and (iii) generates a net increase of at least 100 full-time employees within 2 years after project certification and which shall be maintained for not less than 5 years; provided, however, that in the case of a facility that as of the project proposal date is already located in the commonwealth, “enhanced expansion project” shall refer only to a facility at which the controlling business has expanded or proposed to expand the number of permanent full-time employees at such facility and the expansion shall: (1) represent an increase in the number of permanent full-time employees employed by the controlling business within the commonwealth; and (2) not be a replacement or relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth; provided further, that in the case of a facility to be located within the commonwealth after the project proposal date, “enhanced expansion project” shall refer only to a facility that is: (a) the first facility of the controlling business to be located within the commonwealth; (b) a new facility of such controlling business and not a replacement or relocation of an existing facility of such controlling business located within the commonwealth; or (c) an expansion of an existing facility of the controlling business that results in an increase in the number of permanent full-time employees.

              SECTION 11. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definitions of “Expansion project”, “Expansion project EOA”,               “Expansion project ETA” and “Expansion project proposal” and inserting in place thereof the following 2 definitions:-

              “Expansion project”, a facility that, in its entirety and as of the project proposal date: (i) generates substantial sales from outside of the commonwealth; and (ii) generates a net increase of full-time employees within 2 years after project certification, and which shall be maintained for a period of not less than 5 years; provided, however, that in the case of a facility that as of the project proposal date is already in existence, “expansion project” shall refer only to a facility at which the controlling business has proposed to expand the number of permanent full-time employees at such facility to occur after the project proposal date and the expansion shall: (1) represent an increase in the number of permanent full-time employees employed by the controlling business within the commonwealth; and (2) not be a replacement or relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth; and provided further, that in the case of a facility to be constructed or relocated after the project proposal date, “expansion project” shall refer only to a facility which is: (a) the first facility of the controlling business to be located within the commonwealth; (b) a new facility of such business and not a replacement or relocation of an existing facility of such controlling business located within the commonwealth; or (c) an expansion of an existing facility of the controlling business that results in an increase in permanent full-time employees.

              “Expansion project proposal”, a proposal submitted by a controlling business to the EACC pursuant to section 3F for designation of a project as a certified expansion project if: (i) the proposal has been submitted in a timely manner, in such form and with such information as is prescribed by the EACC, supported by independently verifiable information and signed under the penalties of perjury by a person authorized to bind the controlling business; (ii) the proposal includes specific targets by year for the subsequent 5-calendar-year period relative to the projected increase in the number of permanent full-time employees of the controlling business to be employed by and at the project from among residents of the commonwealth; provided, however, that in the case of a project that is already in existence as of the project proposal date, such projected increase shall not be less than 25 per cent over the subsequent 5-year period; and (iii) in the case of a project that is a new facility within the meaning of clause (b) of the definition of expansion project, the proposal includes the number of permanent full-time employees employed by the controlling business at other facilities located in the commonwealth.

              SECTION 12.  Said section 3A of chapter 23A, as so appearing, is hereby further amended by inserting after the definition of "Gateway municipality" the following 2 definitions:-

              "Job creation project'', a project or investment by a controlling business that: (i) is located or shall be located within the commonwealth; (ii) generates substantial sales from outside of the commonwealth; (iii) does not involve a significant investment in the construction or expansion of an existing facility or otherwise result in an increase in the value of the real property where new jobs shall be located; and (iv) generates a net increase of at least 100 permanent full-time employees within 2 years after project certification and which shall be maintained for a period of not less than 5 years; provided, however, that in the case of a facility that as of the project proposal date is already located in the commonwealth, “job creation project” shall refer only to a facility at which the controlling business has expanded or proposed to expand the number of permanent full-time employees at such facility and the expansion shall: (1) represent an increase in the number of permanent full-time employees employed by the controlling business within the commonwealth; and (2) not be a replacement or relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth; provided further, that in the case of a facility to be located within the commonwealth after the project proposal date, "job creation project'' shall refer only to a facility that is: (a) the first facility of the controlling business to be located within the commonwealth; (b) a new facility of such business and not a replacement or relocation of an existing facility of such controlling business located within the commonwealth; or (c) an expansion of an existing facility of the controlling business that results in an increase in permanent full-time employees.

              "Job creation project proposal'', a proposal submitted by a controlling business to the EACC pursuant to section 3F for designation of a project as an job creation certified project if: (i) the proposal has been submitted in a timely manner, in such form and with such information as is prescribed by the EACC, supported by independently verifiable information and signed under the penalties of perjury by a person authorized to bind the controlling business; (ii) the proposal includes specific targets by year for the subsequent 5 calendar year period relative to the projected increase in the number of permanent full-time employees of the controlling business to be employed by and at the project from among residents of the commonwealth; provided, however, that in the case of a project that is a new facility within the meaning of clause (b) of the definition of job creation project, such proposal includes the number of permanent full-time employees employed by the controlling business at other facilities located in the commonwealth.

              SECTION 13. Said section 3A of chapter 23A, as so appearing, is hereby further amended by inserting after the definition of "Municipal application" the following definition:-

              “Municipal project endorsement”, the endorsement by the municipalities in which a proposed project shall be located pursuant to clause (ii) of paragraph (1) of subsection (a) of section 3F.

              SECTION 14. Said section 3A of chapter 23A, as so appearing, is hereby further amended by striking out the definitions of “Project” and “Project proposal” inserting in place thereof the following 2 definitions:-

              “Project”, an expansion project, an enhanced expansion project, a job creation project or a manufacturing retention project.

              “Project proposal”, a proposal submitted by a controlling business to the EACC pursuant to section 3F for designation as a certified expansion project, an enhanced expansion project, a job creation project or a manufacturing retention project.

              SECTION 15. Said section 3A of chapter 23A, as so appearing, is hereby further amended by adding the following 2 definitions:-

              “Special tax assessment”, a binding agreement between a municipality and a controlling business consistent with the requirements of subsection (g) of section 3F.

              “Tax increment financing agreement”, a binding agreement between a municipality and a controlling business consistent with the requirements of subsection (6) of section 3F of this section and section 59 of chapter 40.

              SECTION 16. Said chapter 23A is hereby further amended by striking out section 3B, as so appearing, and inserting in place thereof the following section:-

              Section 3B. There shall be an economic assistance coordinating council established within MOBD.  The council shall consist of the director of business development or a designee who shall serve as co-chairperson, the director of housing and community development or a designee who shall serve as co-chairperson, the director of career services or a designee, the secretary of labor and workforce development or a designee, 2 persons from MOBD who shall be designated by the director of business development, the president of the Commonwealth Corporation or a designee and 7 persons to be appointed by the governor, 1 of whom shall be from the western region of the commonwealth, 1 of whom shall be from the central region of the commonwealth, 1 of whom shall be from the eastern region of the commonwealth, 1 of whom shall be from the southeastern region of the commonwealth, 1 of whom shall be from Cape Cod or the Islands, 1 of whom shall be a representative of a higher educational institution within the commonwealth and 1 of whom shall be from the Merrimack Valley.  All persons appointed by the governor shall have expertise in issues pertaining to training, business relocation and inner-city and rural development and shall be knowledgeable in public policy and international and state economic and industrial trends.  Members appointed by the governor shall serve at the pleasure of the governor.  The council shall adopt by-laws to govern its affairs.

              SECTION 17. Subsection (1) of section 3C of said chapter 23A, as so appearing, is hereby amended by striking out clauses (d) to (h), inclusive, and inserting in place thereof the following 4 clauses:-

              (d) certify and approve tax increment financing agreements and special tax assessments pursuant to section 3F of this chapter and clause (vii) of section 59 of chapter 40.

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

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

              (g) monitor the implementation and operation of the economic development incentive program.

              SECTION 18. Section 3D of said chapter 23A, as so appearing, is hereby amended by striking out, in line 1, the word “The” and inserting in place thereof the following word:-  (1) The.

              SECTION 19. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by adding the following subsection:-

              (2) The EACC may amend the boundaries of an ETA to address situations in which a commercial or industrial facility that is a prospective certified expansion project candidate is located within the boundaries of 2 or more municipalities with at least 1 of the municipalities in an existing ETA. Under such circumstances, if all of the municipalities involved wish to certify the proposed project, the boundaries of the ETA may deviate from census tract boundaries to include any parcels occupied by the commercial or industrial facility. The EACC may consider such an application for amending the boundaries of an ETA if:

                            (a) inclusion of the facility and underlying parcels in the pre-existing contiguous ETA does not alter the eligibility of the ETA as determined pursuant to subclause (ii) of clause (a) of subsection (1);

                            (b) evidence that the commercial or industrial facility is physically located in 2 or more municipalities can be provided;

                            (c) the amended ETA application is jointly filed by the municipalities in which the facility and parcels are located and the EACC approves the amended ETA application; and

                            (d) the filing municipalities represent in their joint application that a certified project application shall be submitted to the EACC within a reasonable period of time for the project proposing to occupy the facility and parcels.

              SECTION 20. Section 3E of said chapter 23A, as so appearing, is hereby amended by inserting after the word “designation”, in line 58, the following words:-  , if applicable.

              SECTION 21. Said section 3E of said chapter 23A, as so appearing, is hereby further amended by striking out paragraph (3) and inserting in place thereof the following paragraph:-

              (3) receipt with the municipal application of a binding written offer from the municipality, subject only to acceptance by the EACC through designation of the area proposed therefor, in the municipal application as an EOA, to provide to certified projects within the project EOA and pursuant to section 59 of chapter 40 either tax increment financing or a special tax assessment consistent with subsection (f) or (g) of section 3F.

              SECTION 22. Clause (d) of paragraph (4) of said section 3E of said chapter 23A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

              An EOA shall retain its designation for at least 5 years and not more than 20 years from the date it is so designated, as determined by the EACC, unless such designation is revoked prior to the expiration of the specified period; provided, however, that the EACC shall not specify a duration in excess of that requested in the municipal application. Only the EACC may revoke the designation of an EOA and only upon the following grounds: (a) upon the petition of the municipality which requested the designation which petition satisfies the authorization requirements for a municipal application and which petition shall be granted as a matter of course; or (b) if the EACC determines, based on its own investigation, that plans and commitments incorporated with the municipal application for such designation are materially at variance with the conduct of the municipality subsequent to the designation and such variance is found to frustrate the public purpose which such designation was intended to advance. Any such revocation of an EOA designation shall only be applied prospectively to deny certification to any projects located or to be located in such EOA and not certified prior to such revocation and shall not apply to, nor revoke any benefits due to or which may become due to, any certified project already in existence in  the EOA including, but not limited to, any benefits included in any plans and commitments incorporated with the municipal application for such designation; provided, however, that in no event shall a certified project receive any benefits arising from its status as a certified project for a period of longer than that specified by the EACC in its certification designation, including any renewals thereof, or 20 years, whichever period is of shorter duration. No designation of an area as an EOA shall be renewed or extended except pursuant to paragraphs (1) to (4), inclusive.

              SECTION 23. Said section 3E of said chapter 23A, as so appearing, is hereby further amended by adding the following paragraph:-

              (6) Upon application from a city or town, the EACC may from time to time designate any area of a city or town as an area presenting exceptional opportunities for increased economic development.  In making such designation, the EACC shall consider whether there is a strong likelihood that any of the following will occur within the area in question within a specific and reasonably proximate period of time:

                            (i) a significant influx or growth in business activity;

                            (ii) the creation of a significant number of new jobs and not merely a replacement or relocation of current jobs within the commonwealth; or

                            (iii) a private project or investment that will contribute significantly to the resiliency of the local economy.

              SECTION 24. Said chapter 23A is hereby further amended by striking out section 3F, as so appearing, and inserting in place thereof the following section:-

              Section 3F. (a)(1) The EACC may from time to time designate a project as a certified expansion project, a certified enhanced expansion project, a certified job creation project or a certified manufacturing retention project and take all actions necessary or appropriate thereto, upon:

                            (i) receipt of a project proposal therefor requesting such designation from the controlling business;

                            (ii) receipt of a municipal project endorsement which shall include the following findings based on the information submitted with the project proposal and such additional investigation as the municipality shall make:

                                          (A) the project proposal complies with the definition of a project proposal set forth in section 3A;

                                          (B) in the case of an expansion project proposal, the expansion project is consistent with and can reasonably be expected to benefit from the municipality’s plans relative to the project EOA, if applicable;

                                          (C) together with all other projects previously certified and located in the same municipality, will not overburden the municipality’s supporting resources including, but not limited to, those set forth in clause (f) of paragraph (2) of section 3E;

                                          (D) the project proposal includes a workable plan, with precise goals and objectives, by which the controlling business proposes to realize the increased employment objectives for the project and the business’ plan to employ aggressive affirmative action goals, objectives and identification and recruitment techniques and, in the case of an expansion project, the plan for increased employment from among residents of the expansion project ETA, if applicable;

                                          (E) the project proposal contains documentation regarding an agreement, if any, between the controlling business and area banking institutions by which the controlling business agrees to establish accounts in those banks and those banks agree to commit a specified percentage of the funds deposited in the accounts for loans made to businesses located within the expansion project area pursuant to the small business capital access program established pursuant to section 57 of chapter 23A;

                                          (F) the project as described in the proposal, together with the municipal resources committed to the project, will, if certified, have a reasonable chance of increasing or retaining employment opportunities as advanced in the proposal; and

                                          (G) in the case of an expansion project, any municipality in which the expansion project is located or shall be located has offered to enter into a tax increment financing agreement meeting the requirements of subsection (f) or (g) or to provide a special tax assessment meeting the requirements of said subsection (g);

                            (iii) receipt with the municipal project endorsement of a request by the municipality for a designation of the project as a certified project for a specified number of years which shall be not less than 5 years nor more than 20 years; and

                            (iv) the following findings are made by the EACC, based on the project proposal, documents submitted therewith, the municipal project endorsement, and such additional investigation as the EACC shall make and incorporate in its minutes, that:

                                          (A) the project proposal complies with the definition of a project proposal set forth in section 3A, with all other applicable statutory requirements and with such other criteria that EACC may prescribe; and

                                          (B) the project as described in the proposal, and as further described in the written determination of the municipality made pursuant to clause (ii) will, if certified, have a reasonable chance of increasing or retaining employment opportunities for residents of the ETA or municipality, as applicable; and

              (2) Notwithstanding sections 3 to 3H, inclusive, no certified expansion project shall be required to be located within an ETA or an EOA; provided, however, that an expansion project proposal shall be accompanied by a municipal project endorsement that meets the requirements of clause (ii) of subsection (a).

              (b) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than 5 years from the date of certification nor more than: (i) 20 years from such date; or (ii) the number of years requested by the municipality approving the project proposal, whichever is lesser, unless such certification is revoked prior to the expiration of the specified period. The certification of a project shall be revoked only by the EACC and only upon: (1) the petition of the municipality that approved the project proposal, if applicable, if the petition satisfies the authorization requirements for a municipal application or the petition of the director of economic development; and (2) the independent investigation and determination of the EACC that representations made by the controlling business in its project proposal are materially at variance with the conduct of the controlling business subsequent to the certification and such variance is found to frustrate the public purpose that such certification was intended to advance; provided, however, that for an expansion project where the actual number of permanent full-time employees employed by the controlling business at the project is less than 50 per cent of the number of such permanent full-time employees projected in the project proposal, this shall be deemed a material variance for the purpose of a revocation determination. Upon such a revocation, all tax credits available to the controlling business as a result of project certification shall be revoked and forfeited for the year in which revocation occurred and all subsequent years, and the commonwealth, and the municipality, in the case of a certified expansion project, shall have causes of action against the controlling business for the value of any economic benefit received by the controlling business prior or subsequent to such revocation.

              Revocation shall take effect on the first day of the tax year in which the material variance occurred, as determined by the EACC.

              The revocation of a project certification shall not revoke any benefits due to the project that relate to years prior to the year in which the revocation determination has been made unless the controlling business has not proceeded with the certified project or unless EACC determines that the controlling business made a material misrepresentation in its project proposal, or failed to act in good faith to create and maintain the jobs described in its project proposal.  In any such case, both the commonwealth and the municipality shall have causes of action against the controlling business for the value of any economic benefits received subsequent to the date on which the material misrepresentation was made. The commissioner of revenue may, consistent with this paragraph, disallow or recapture any credits, exemptions or other tax benefits allowed by the original certification under this section. The department of revenue shall issue regulations to recapture the value of any credits, exemptions or other tax benefits allowed by the certification under this section.

              Annually, not later than the first Wednesday in December, the EACC shall file a report detailing its findings of the review of all certified projects that it evaluated in the prior fiscal year to the commissioner of revenue, to the senate and house chairs of the joint committee on revenue and the senate and house chairs of the joint committee on economic development and emerging technologies.

              (c) The EACC shall evaluate and either grant or deny a project proposal within 90 days after its project proposal date and failure to do so by the EACC shall result in approval of the project for a term of 5 years. Approval of a project under this section shall not constitute an approval by the EACC of any tax incentives provided for under chapters 62 and 63.

              (d) The EACC may award to a certified project tax credits available under subsection (g) of section 6 of chapter 62 and section 38N of chapter 63. The amount and duration of any such credits awarded shall be based on the following factors:

                            (i) for expansion projects:

                                          (A) the degree to which the project is expected to generate net new economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise;

                                          (B) the degree to which the project is expected to increase employment opportunities for residents of the project ETA, if applicable, and of the commonwealth; and

                                          (C) the economic need of the project ETA as measured by the income and employment levels of the ETA, if applicable;

                            (ii) for enhanced expansion projects:

                                          (A) the degree to which the project is expected to generate net economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise; and

                                          (B) the degree to which the project is expected to increase employment opportunities for residents of the commonwealth;

                            (iii) for manufacturing retention projects:

                                          (A) the degree to which the project is expected to generate economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise; and

                                          (B) the degree to which the project is expected to retain or increase manufacturing employment opportunities for residents in the project gateway municipality and the commonwealth.

                            (iv) for job creation projects:

                                          (A) the degree to which the project is expected to generate net economic activity within the commonwealth by generating substantial sales from outside of the commonwealth, or otherwise;

                                          (B) the degree to which the project is expected to increase employment opportunities for residents of the commonwealth; and

                                          (C) the degree to which the project qualifies for certification as an expansion project, an enhanced expansion project or a manufacturing retention project, with the expectation that the EACC will certify a proposed project as a job creation project only if the proposed project does not otherwise qualify for certification.

              (e) The EACC may limit any incentive or credit available to a project pursuant to subsection (g) of section 6 of chapter 62 and section 38N of chapter 63 to a specific dollar amount or time duration or in any other manner deemed appropriate by EACC, including limits or restrictions on the right of the controlling business to carry unused credits forward to future tax years.

              (f) If a municipal project endorsement includes an offer by a municipality to provide the certified project with tax increment financing, said binding written offer shall contain a tax increment financing agreement adopted in accordance with section 59 of chapter 40. The EACC may approve such tax increment financing plan pursuant to regulations adopted by the EACC. Any such approval shall include a finding, reflected in the EACC’s minutes, that the tax increment financing plan complies with said section 59 of chapter 40 and will further the public purpose of encouraging increased industrial and commercial activity in the commonwealth.

              (g)(1) If a municipal project endorsement includes an offer by the municipality to provide the certified project with a special tax assessment, the municipal project endorsement shall include a binding written offer setting forth the following assessment schedule for each parcel of real property in and on which is located and which is otherwise a part of a certified project:

                            (i) in the first year, an assessment of 0 per cent of the actual assessed valuation of the parcel; provided, however, that such assessment shall be granted for the year designated in the binding written offer;

                            (ii) in the second year, an assessment of up to 25 per cent of the actual assessed valuation of the parcel;

                            (iii) in the third year, an assessment of up to 50 per cent of the actual assessed valuation of the parcel;

                            (iv) in the fourth year, an assessment of up to 75 per cent of the actual assessed valuation of the parcel; and

                            (v) in subsequent years, assessment of up to 100 per cent of the actual assessed valuation of the parcel.

              (2) For the purposes of this subsection, the “municipality’s fiscal year” shall refer to a period of 365 days beginning, in the first instance, with the calendar year in which the assessed property is purchased or acquired by the controlling business or the calendar year in which the assessed property becomes part of a certified project, whichever last occurs; provided, however, that no such written offer from a municipality shall be considered to be binding as aforesaid until it is authorized.

              (3) Notwithstanding any provision of this section to the contrary, a municipality may offer a special tax assessment to a controlling business without a certified project if: (i) the municipality makes a formal determination that the controlling business is making an investment that will contribute to economic revitalization of the municipality and will significantly increase employment opportunities for residents of the municipality; (ii) the municipality applies to the EACC for approval of the special tax assessment; and (iii) the EACC makes a formal finding, based on information presented by the municipality and incorporated into its minutes, that the special tax assessment is reasonably necessary to enable the controlling business’s investment and will further the public purpose of encouraging increased industrial and commercial activity in the commonwealth.

              SECTION 25. Said chapter 23A is hereby further amended by striking out section 13J, as so appearing, and inserting in place thereof the following section:-

              Section 13J. (a) The following offices shall be within the office of travel and tourism: the Massachusetts film office, which shall be the official and lead agency to facilitate motion picture production and development in the commonwealth, and the Massachusetts sports partnership, which shall be the official and lead agency to facilitate and attract major sports events and championships in the commonwealth.

              (b) The Massachusetts sports partnership shall meet on a quarterly basis and shall annually, not later than March 1, report the results of its findings and activities for the preceding year and its recommendations to the clerks of the senate and house of representatives and to the senate and house chairs of the joint committee on tourism, arts and cultural development.

              SECTION 26. Said chapter 23A is hereby further amended by inserting after section 13S the following section:-

                            Section 13T. (a) There shall be a Massachusetts Tourism Trust Fund which shall be administered by the Massachusetts marketing partnership established in section 13A and held by the partnership separate and apart from its other funds. The fund shall be credited in the following phased-in scale:

                                          (i) for fiscal year 2016, 1.25 cents of the 5.7 per cent of the room occupancy excise imposed by section 3 of chapter 64G and section 22 of chapter 546 of the acts of 1969;

                                          (ii) for fiscal year 2017, 1.5 cents of the 5.7 per cent of the room occupancy excise imposed by said section 3 of said chapter 64G and said section 22 of said chapter 546;

                                          (iii) for fiscal year 2018, 1.75 cents of the 5.7 per cent of the room occupancy excise imposed by said section 3 of said chapter 64G and said section 22 of said chapter 546; and

                                          (iv) for fiscal year 2019, 2 cents of the 5.7 per cent of the room occupancy excise imposed by said section 3 of said chapter 64G and said section 22 of said chapter 546.

                            (b) In addition, the fund shall be credited all revenue as designated under the Gaming Licensing Fund required under clause (6) of subsection (a) of section 93 of chapter 194 of the acts of 2011 and the Gaming Revenue Fund as required  by subclause (b) of clause (2) of section 59 of chapter 23K.

                            (c) All available monies in the fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by the fund in the subsequent fiscal year.

                            (d) Monies in the fund shall be applied as follows:

                                          (i) 80 per cent to the Massachusetts marketing partnership; and

                                          (ii) 20 per cent to regional tourism councils.

                            (e) The partnership shall submit a report annually not later than December 31 on the cost-effectiveness of the fund to the clerks of the senate and house of representatives and the joint committee on tourism, arts and cultural development.  The report shall include: (i) expenditures made by the partnership from monies out of the fund to promote tourism; (ii) expenditures made by the partnership on administrative costs in administering the fund; (iii) expenditures made by the regional tourism councils to promote tourism; and (iv) expenditures made by the regional tourism councils on administrative costs.

              SECTION 27. Section 63 of said chapter 23A is hereby amended by striking out subsections (a) and (b), as most recently amended by section 4 of chapter 129 of the acts of 2013,  and inserting in place thereof the following 2 subsections:-

              (a) There shall be in the executive office of housing and economic development a MassWorks infrastructure program: (i) to issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair and other improvements to publicly-owned infrastructure including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit improvements and pedestrian and bicycle ways; (ii) for commercial and residential transportation and infrastructure development, improvements and various capital investment projects under the growth districts initiative administered by the executive office of housing and economic development; (iii) to assist municipalities to advance projects that support job creation and expansion, housing development and rehabilitation, community development projects, and small town transportation projects authorized under subsection (e); provided, however, that projects supporting smart growth as defined by the commonwealth’s sustainable development principles shall be preferred; and (iv) to match other public and private funding sources to build or rehabilitate transit-oriented housing located within .5 miles of a commuter rail station, subway station, ferry terminal or bus station, at least 25 per cent of which shall be affordable.

              (b) Eligible public infrastructure projects authorized by clause (i) of subsection (a) shall be located on public land or on public leasehold, right-of-way or easement. A project that uses grants to municipalities for public infrastructure provided by this section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter 30, chapter 30B and chapter 149.

              SECTION 28.  Said chapter 23A is hereby further amended by adding the following section:-

              Section 65.  (a) The secretary of housing and economic development shall establish a financial services advisory council in the executive office of housing and economic development, which shall have the sole purpose of advising the governor or the governor’s designee on policies, strategies and initiatives designed to preserve and advance the competitiveness and leadership of the commonwealth’s financial services industry, including the banking, investment management and insurance sectors.

              (b) The council shall be composed of 15 members including: the secretary of housing and economic development, who shall serve as chair; the house and senate chairs of the joint committee on economic development and emerging technologies; the house and senate chairs of the joint committee on financial services; the commissioner of higher education; the executive director of the Massachusetts international trade office established in section 13K; and 8 representatives of the business community who shall be appointed by the secretary of housing and economic development, including representatives of business with at least 2 members from each of the following sectors: banking, investment management and insurance sectors; at 1 business representative shall be from a company whose headquarters is located in Suffolk, Middlesex, Essex, Norfolk or Worcester county; at least 1 business representative shall be from a company whose headquarters is located in Hampshire, Hampden, Franklin or Berkshire county; and at least 1 business representative shall be from a company whose headquarters is located in Bristol, Plymouth, Nantucket, Dukes or Barnstable county. The secretary, in making such appointments, shall consider the size of the business representative’s company, including its employee base within the commonwealth and the amount of assets under management or premiums in force. Business representatives shall be appointed for 2-year terms and may be reappointed without limitation on the number of terms. 

              (c) The council shall convene at least 3 meetings per calendar year to exchange ideas and develop strategies for business and government to work together to strengthen the financial services industry in areas such as public policy, workforce development, international trade and direct foreign investment and industry promotion.

              SECTION 29.  Section 1 of chapter 23G of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “Economic development project” the following definition:-

              “Equity investments”, (i) investments that result in the agency holding a controlling ownership interest in any company; (ii) a membership interest that constitutes controlling voting rights in a company; (iii) a controlling interest in real estate or other assets; (iv) a transaction which in substance falls into any of these categories even though it may be structured as some other form of business transaction; and (v) an equity security; provided, however, that “equity investments” shall not include any of the foregoing if the interest is taken as security for a loan.

              SECTION 30. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Financing document” the following definition:-

              “Gateway municipality”, a gateway municipality as defined in section 3A of chapter 23A.

              SECTION 31. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Sponsor” the following definition:-

              “Transformative development”, redevelopment on a scale and character capable of catalyzing significant follow-on private investment, leading over time to transformation of an entire downtown or urban neighborhood and consistent with local plans; provided, that “transformative development” may involve major investment in new construction, rehabilitation and adaptive reuse or multiple smaller investments on a sustained basis.

              SECTION 32.  Said chapter 23G is hereby further amended by adding the following section:-

              Section 46.  (a) There shall be established and set up on the books of the commonwealth a Transformative Development Fund within the Massachusetts Development Finance Agency.  In carrying out its duties under this section, the agency may utilize the fund as provided in this section to make equity investments and provide technical assistance to revitalize and support residential, commercial, industrial and institutional development, or any combination thereof, and to provide financial assistance to promote collaborative workspaces in gateway municipalities. The fund shall be administered and managed by a fund director who shall be appointed by the executive director of the agency. The agency may adopt guidelines necessary to implement the program. The fund may coordinate with other agencies and instrumentalities of the commonwealth to effectuate this section.

              (b)  The liabilities and obligations of the fund shall not extend beyond the monies which are deposited in the fund and shall not constitute a debt or pledge of the faith and credit of the commonwealth or any political subdivision of the commonwealth.

              (c)  Monies in or received for the fund may be deposited with and invested by any institution designated by the treasurer of the agency at the sole discretion of the treasurer and paid as the fund director shall direct. Any return on investment received by the fund as a result of the deposits and the agency’s equity investments shall be deposited and held for the use and benefit of the fund. The treasurer may make payments from the deposit accounts for use under this section. The agency may be reimbursed annually from the fund for all reasonable and necessary direct costs and expenses incurred with its administration, management and operation of the fund, including reasonable staff time, out-of-pocket expenses and administrative costs.

              (d)  The fund may apply for and accept subventions, grants, loans, advances and contributions from any source of money, property, labor or other things of value to be held, used and applied in furtherance of this section.

              (e)  The agency shall use the fund to make equity investments in property that the agency has determined has the potential to constitute transformative development in a gateway municipality.  With respect to any property acquired by the fund, the agency may pledge its ownership interest, physical assets held by the ownership entity or any portion of the anticipated gross revenue resulting from the equity investments of the fund to secure loans related to development of the property.  The agency may not cross-collateralize the fund’s investments in the property.

              (f)  The fund director shall allocate a portion of the original capitalization of the fund, not to exceed 20 per cent, to provide technical assistance to revitalize and support development in gateway municipalities by utilizing any of the following methods of providing technical assistance: (i) grants to support the hiring of professional staff or professional services by a gateway municipality or any instrumentality of the gateway municipality; (ii) reimbursement for professional staff employed by the agency and embedded in a gateway municipality; (iii) grants to pay for third-party professional services managed by the agency; and (iv) any other variation on the provision of technical assistance consistent with this section.

              (g)  At its discretion, the agency may allocate the fund’s technical assistance through a competitive process using criteria that include, without limitation, the existence of a long-term economic development strategy, commitment to effective use of the agency’s technical assistance by the municipality and other local partners and the potential for transformative development in the gateway municipality.

              (h)  The fund director shall allocate a portion of the original capitalization of the fund to support the development in gateway municipalities of collaborative workspaces to spur innovative and creative business growth and economic activity and assist with the redevelopment of underutilized buildings. The program shall: (i) promote the creation of collaborative workspaces by providing financial assistance for capital investments in underutilized buildings; (ii) foster collaboration and linkages among innovative and creative enterprises by providing central locations for such businesses or individuals to work in an environment designed to promote sharing of resources, experience and expertise; (iii) support partnerships among municipalities, property owners and businesses to establish collaborative workspaces; and (iv) require a collaborative workspace to provide shared space which promotes the interaction, socialization and coordination among tenants  through the clustering of multiple businesses or individuals within the collaborative workspace. The agency shall, through grants, contracts or loans, administer the program for the purpose of facilitating a collaborative and co-working space to address a regional market demand for affordable work environments that support communication, information sharing and networking opportunities.

              (i)  Loans or grants made under this program may be made to property owners or collaborative workspace operators for building improvements which shall be utilized by the collaborative workspace participants provided that the use of the fund results in corresponding private investment that matches or exceeds the grants from the fund.  In the case of a grant, any participating property owner or collaborative workspace operator shall at least match the investment of the fund. In the case of a loan, the agency shall reasonably anticipate that its loan will leverage additional private investment in the property.

              (j)  The agency shall solicit applications for financial assistance that promote collaborative workspaces through a request for proposals. The agency shall establish criteria for the submission of applications; provided, however, that the applications shall include, but need not be limited to: (i) a description of the parties involved in the project, including the professional expertise and qualifications of the principals; (ii) a description of the scope of work that shall be undertaken by each party involved in the project; (iii) the proposed budget, including verification of funding from other sources; (iv) a statement of the project objective, including specific information on how the project shall promote the use of the space as collaborative and shared space; (v) a statement that sets forth the implementation plan, the facilities and resources available or needed for the project and the proposed commencement and termination dates of the project; (vi) a description of the expected significance of the project, including a description of the market demand for the type of workspace proposed in the region that the space shall be located and the number of businesses or individuals that shall be served as a result of the project; and (vii) any other information that the agency shall consider necessary. The agency shall also establish guidelines for the review and approval of applications that include preferences for proposals that: (A) redevelop at least 10,000 square feet in existing properties located in the downtown area of a gateway municipality; (ii) dedicate at least 25 per cent of accessible space to collaborative use; and (iii) support a cluster of at least 15 separate occupants.

              (k)  The agency shall enter into an agreement with each collaborative workspace operator that receives a grant or loan or enters into a contract under this section regarding: (i) performance measures and indicators that shall be used to evaluate the performance of the collaborative workspace operator in carrying out the activities described in the application; and (ii) any other indicators determined to be necessary to evaluate the performance of the eligible entity. Each collaborative workspace operator shall submit an annual report for the agency’s review for the duration of the collaborative workspace operation. The agency shall enter into an agreement with each property owner that receives a grant or loan or enters into a contract under this section regarding the use of funds and the time frame for the use of funds.

              (l)  The agency shall identify and maintain a list of redevelopment projects within gateway municipalities with the greatest potential to provide substantial local economic growth, job creation, neighborhood revitalization or abandoned and underutilized property reuse. In its investigation, the agency shall prioritize redevelopment projects that may commence promptly after identification. The agency shall outline the economic opportunities at the project sites, describe marketable site uses and describe the benefits of investing in the redevelopment project.  The agency shall also describe current impediments facing each identified redevelopment project and outline particular policies and programs in place that provide technical assistance, financing options, permitting aid or any other incentives to pursue redevelopment options.

              (m)  The agency shall, in coordination with the executive office of housing and economic development, submit an annual report to the clerks of the senate and house of representatives who shall forward the report to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development by December 31. The report shall include a current assessment of the progress of each project funded through the collaborative workspace program and the progress of the participants in the program.

              SECTION 33. Section 59 of chapter 23K of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 21 and 22, the words “Fund to fund tourist promotion agencies under clause (c) of section 35J of chapter 10” and inserting in place thereof the following words:- Trust Fund to fund tourist promotion agencies under subsection (b) of section 13T of chapter 23A.

              SECTION 34.  Chapter 29 of the General Laws is hereby amended by inserting after section 2KKKK the following 2 sections:-

              Section 2LLLL.  (a) There shall be established and set up on the books of the commonwealth an Advanced Manufacturing and Information Technology Training Trust Fund.  The fund shall be credited with any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions, investment income earned on the assets of the fund and all other sources.  Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.  Money in the fund shall be used to establish and support training and education programs that address the workforce shortages of the advanced manufacturing and information technology industries. The fund shall be administered by the commonwealth corporation, in consultation with the executive office of housing and economic development, the executive office of labor and workforce development, the department of higher education and the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative.  The commonwealth corporation shall make expenditures from the fund without further appropriation; provided, however, that not more than 10 per cent of the amount held in the fund in any 1 year shall be used by the commonwealth corporation for the combined cost of program administration, technical assistance to grantees and program evaluation.

              (b) Monies in the fund shall be expended on programs that have at least 2 of the following purposes with a focus on aligning expenditures with industry needs:

                            (i) to identify, support or establish collaborative regional partnerships including, but not limited to, employers, workforce development and education organizations and economic development officials in every region of the commonwealth where manufacturers have a presence or where the information technology industry and related information technology occupations demonstrate demand;

                            (ii) to address critical workforce shortages in advanced manufacturing or information technology;

                            (iii) to improve employment in the manufacturing or information technology industries for low-income individuals, women and minorities;

                            (iv) to provide training, educational or career ladder services for currently employed or unemployed manufacturing and information technology workers who are seeking new positions or responsibilities within the manufacturing or information technology  industry;

                            (v) to develop strong career awareness and advising programs to educate children in kindergarten to grade 12, inclusive, postsecondary students, disconnected youth, underemployed workers and unemployed adults;

                            (vi) to increase support for internship and apprentice training;

                            (vii) to boost industry-relevant instructor capacity for high school and postsecondary programs;

                            (viii) to direct support for succession planning, worker retention and up-skilling strategies for older and incumbent workers;

                            (ix) to facilitate the purchase of manufacturing-related equipment by vocational technical high schools; and

                            (x) to establish research and demonstration projects for training entry-level employees in the work environment for upward mobility through the use of high intensity training methodologies to determine the most likely successful training models to provide upward mobility.

              (c) The commonwealth corporation shall establish a competitive grant process for funds to be expended on programs under subsection (a).  Eligible applicants shall include employers and employer associations, local workforce investment boards, labor organizations, joint labor-management partnerships, community-based organizations, institutions of higher education, kindergarten to grade 12, inclusive, and vocational education institutions, private for-profit and nonprofit organizations providing education and workforce training, 1-stop career centers, local workforce development entities and any partnership or collaboration between or among eligible applicants.  Expenditures from the fund for these purposes shall complement and not replace existing local, state, private or federal funding for training and educational programs.

              (d) A grant proposal submitted under subsection (b) shall include, but not be limited to: (i) a plan that defines specific goals for advanced manufacturing or information technology workforce training and educational improvements; (ii) the evidence-based programs the applicant shall use to meet the goals; (iii) a budget necessary to implement the plan, including a detailed description of any funding or in-kind contributions the applicant shall provide in support of the proposal; (v) any other private funding or private sector participation the applicant anticipates in support of the proposal; and (v) the proposed number of individuals who would be enrolled, complete training and be placed into employment in the targeted industries.

              (e) The commonwealth corporation shall, in consultation with the executive office of housing and economic development, the executive office of labor and workforce development, the department of higher education and the Massachusetts Technology Collaborative, develop guidelines for an annual review of the progress made by each grantee.  Each grantee shall participate in any evaluation or accountability process implemented or authorized by the commonwealth corporation.  The commonwealth corporation shall file an annual report for the duration of the programs with the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on labor and workforce development and the joint committee on economic development and emerging technologies by January 1; provided, however, that the report shall include an overview of the activities of the programs, the number of participants in the programs and the employment outcomes in the programs.

              (f) The commonwealth corporation shall, in consultation with the executive office of education, evaluate and report on the status of vocational technical schools including, but not limited to, a recommendation on whether the current training programs are adequately focused on the high-growth sectors of the Massachusetts economy or occupations with the best job prospects for those entering the workforce and the funding needs, including capital improvements, investments and instructional equipment needed, to focus vocational education programs towards high-growth industries.

              Section 2MMMM. There shall be established and set up on the books of the commonwealth a Massachusetts Seafood Marketing Program Fund which shall be administered by the division of marine fisheries.  Notwithstanding any general or special law to the contrary, the following monies shall be credited to the fund: (i) a portion of the monies collected from the sale of commercial harvester and dealer permits issued by the division pursuant to chapter 130 in an amount to be determined by the director of marine fisheries not to exceed $250,000 per fiscal year; (ii) any appropriations, grants, gifts or other monies authorized by the general court or other parties and specifically designated to be credited to the fund; and (iii) any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be used without further appropriation for the purpose of developing and administering the seafood marketing program established in section 23 of chapter 21A; provided, however, that program expenditures shall be made in consultation with the department of fish and game and the division and shall be consistent with any program priorities identified by the steering committee established pursuant to said section 23 of said chapter 21A. No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies deposited 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 year. The fund shall be exempt from the indirect and fringe benefits that would otherwise be assessed pursuant to chapter 29.              

              SECTION 35.  Section 6D of chapter 40J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

              (f) The institute shall identify companies and organizations that are engaged in the development of emerging new technologies associated with health information technology, including web-based and personalized care delivery. The institute shall promote the growth and development of such companies and organizations by supporting the formation of regional health information technology clusters, coordinating the promotion and dissemination of information regarding such companies and organizations, identifying and addressing obstacles to the growth of such companies and organizations and helping to identify alternative funding sources for such companies and organizations for the implementation of their business and marketing plans.

              SECTION 36.  Said chapter 40J is hereby further amended by inserting after section 6E1/2 the following section:-

              Section 6H.  There shall be established and set up on the books of the corporation a Big Data Innovation and Workforce Fund.  There shall be credited to the fund the proceeds of any bonds or notes of the commonwealth issued for the purpose of the fund and any appropriations designated by the general court.  The corporation shall hold the fund in an account separate from other funds, including other funds established under this chapter.  Amounts credited to the fund shall be available for expenditure by the corporation without further appropriation for  all activities consistent with this section and which support the purposes specified in this section as the corporation may determine are appropriate including, without limitation, grants, contracts and loans.  Amounts credited to the fund shall be expended or applied only with the approval of the executive director of the corporation upon consultation with the director of the John Adams Innovation Institute.   Amounts credited to the fund shall be used to promote the use of big data, open data and analytics by including, but not limited to: (i) bringing together academia, industry, public sector and private sector organizations to make recommendations regarding how to educate and prepare a workforce for careers in big data including, but not limited to, through continuing education programs, advanced degree programs and community college and science, technology, engineering and math, or STEM, courses to close the skills gap; (ii) providing access to tools and technology to enable academia and industry to analyze open data sets to help identify and solve problems in transportation, public health, energy and other areas of public policy concern and to support economic development; (iii) providing challenge grants that enable departments, agencies and instrumentalities of the commonwealth that utilize big data to solve public policy concerns and to  support economic development; and (iv) supporting the development of big data at the Venture Development Center at the University of Massachusetts at Boston.  The corporation shall support efforts to develop policies and guidelines to safeguard personally identifiable information.

              SECTION 37.  Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 843, as appearing in the 2012 Official Edition, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

              SECTION 38.  Said section 6 of said chapter 62 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 37, and inserting in place thereof the following figure:- $5,000,000.

              SECTION 39.  Said section 6 of said chapter 62 is hereby further amended by striking out, in line 848, as appearing in the 2012 Official Edition, the figure “$5,000,000” and inserting in place thereof the following figure:-  $10,000,000.

              SECTION 40.  Said section 6 of said chapter 62 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 39, and inserting in place thereof the following figure:-  $5,000,000.

              SECTION 41.  Section 38BB of chapter 63, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 43, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

              SECTION 42.  Said section 38BB of said chapter 63 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 41, and inserting in place thereof the following figure:- $5,000,000.

              SECTION 43.  Said section 38BB of said chapter 63, as appearing in the 2012 Official Edition, is hereby further amended by striking out, in line 48, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

              SECTION 44.  Said section 38BB of said chapter 63 is hereby further amended by striking out the figure “$10,000,000”, inserted by section 43, and inserting in place thereof the following figure:- $5,000,000.

              SECTION 45. Section 42B of said chapter 63, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

              (d) For the purposes of this section, a limited partnership that is not a business corporation but that would otherwise qualify as a research and development corporation under this section may be considered a research and development corporation when all partners are corporations solely for purposes of claiming the exemptions available to research and development corporations under chapters 64H and 64I.

              SECTION 46. Chapter 75 of the General Laws is hereby amended by inserting after section 45A the following section:-

                            Section 45B. (a) There shall be established and set up on the books of the commonwealth an Innovation Commercialization Seed Fund into which shall be credited any appropriations designated by the general court to be credited to the fund and any monies generated for the fund through corporations or nonprofit entities. The fund shall be administered by the Massachusetts Technology Transfer Center established in section 45 which shall make expenditures from the fund without further appropriation to provide for an initial investment through a competitive grant program to researchers and students at the University of Massachusetts and other public and private designated research universities located in the commonwealth who have invented or developed concepts, goods or services that have commercial potential but have not reached the point of commercialization as determined by the center.  The center shall determine guidelines for soliciting proposals.  Not less than 50 per cent of the funds under this section shall be reserved for award over the term of each authorization or appropriation, subject to qualification, to the University of Massachusetts.  Initial investment grants shall be not be over $50,000 and may be renewed not more than 2 times if necessary as determined by the center.  Priority shall be given to concepts, goods or services that create jobs and concepts, goods or services in the commonwealth submitted from researchers that employ and work with students in the research and development of the concept, goods or services.  Investments shall be focused on developing technologies that benefit industry sectors of strategic importance to the commonwealth, such as advanced manufacturing, advanced materials, clean energy, communications, cyber security, defense, information technology, life sciences and marine science.  The fund shall be used to advance the goals of job growth creation, innovation and economic development which may include, but shall not be limited to, the construction of prototypes, testing, market research and other steps necessary to bring the invention or concept to market in the commonwealth. The fund shall be available to student-driven invention or concepts as long as the students are advised by a member of the faculty at the University of Massachusetts or other research university located in the commonwealth.

              (b) The center shall annually file a report with the joint committee on higher education and the senate and house committees on ways and means detailing the grants awarded under this section not later than March 1.

              SECTION 47.  The General Laws are hereby amended by inserting after chapter 93K the following chapter:-

              Chapter 93L.

              UNIFORM TRADE SECRETS ACT

              Section 1.  This chapter shall be known and may be cited as the Uniform Trade Secrets Act.

              Section 2.  As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:

              "Improper means", includes, without limitation, theft, bribery, misrepresentation or breach or inducement of a breach of a confidential relationship or other duty to limit acquisition, disclosure or use of information.

              "Misappropriation", (i) the acquisition of a trade secret of another by a person who knows or who has reason to know that the trade secret was acquired by improper means; or

              (ii) disclosure or use of a trade secret of another without that person's express or implied consent by a person who:

                            (A) used improper means to acquire knowledge of the trade secret;

                            (B) knew or had reason to know at the time of the disclosure or use that knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it, acquired under circumstances giving rise to a duty to limit its acquisition, disclosure or use or derived from or through a person who owed a duty to the person seeking relief to limit its acquisition, disclosure or use; or

                            (C) before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

              "Person", a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

              "Trade secret", specified or specifiable information, whether or not fixed in tangible form or embodied in any tangible thing including, but not limited to, a formula, pattern, compilation, program, device, method, technique, process, business strategy or scientific, technical, financial or customer data that:               (i) at the time of the alleged misappropriation, derived actual or potential economic value from not being generally known to, and not being readily ascertainable by proper means by, others who may obtain economic value from its acquisition, disclosure or use; and (ii) has at all times been the subject of efforts that are reasonable under the circumstances to give notice that it shall not be, and to ensure that it is not, acquired, disclosed or used without the consent of the person asserting ownership of the trade secret or the person's predecessor in interest.

              Section 3.  (a) Actual or threatened misappropriation may be enjoined upon equity principles, including a showing that specific information qualifying as a trade secret has been or is threatened to be misappropriated.  No injunction shall issue with respect to a trade secret unless the trade secret is specified with sufficient particularity so as to reasonably enable the respondent to prepare a reasonable defense under the circumstances.  Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from misappropriation.

              (b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for not longer than the period of time for which use may have been prohibited.  Exceptional circumstances shall include, but not be limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

              (c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

              Section 4.  (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant may recover damages for misappropriation of specific information qualifying as a trade secret.  Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.  In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by the imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

              (b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

              Section 5.  The court may award reasonable attorneys’ fees to the prevailing party if: (i) a claim of misappropriation is made or defended in bad faith; (ii) a motion to enter or terminate an injunction is made or resisted in bad faith; or (iii) willful and malicious misappropriation exists.  In considering an award of attorneys’ fees, the court may take into account the claimant’s specification of trade secrets and the proof that the alleged trade secrets were misappropriated.

              Section 6.  (a) In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

              (b) In an action under this chapter, averments of trade secrets and misappropriation of trade secrets shall be stated with particularity.

              Section 7.  An action for misappropriation shall be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.  For the purposes of this section, a continuing misappropriation shall constitute a single claim.

              Section 8.  (a) Except as provided in subsection (b), this chapter shall supersede any conflicting laws of the commonwealth providing civil remedies for the misappropriation of a trade secret.

              (b) This chapter shall not affect:

                            (i) contractual remedies; provided, however, that, to the extent contractual remedies are based on or justified by confidentiality of information, confidentiality shall be determined according to the definition of trade secret in section 2;

                            (ii) remedies based on submissions to governmental units;

                            (iii) other civil remedies to the extent that they are not based upon misappropriation of a trade secret; or

                            (iv) criminal remedies, whether or not based upon misappropriation of a trade secret.

              Section 9.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

              SECTION 48.  Section 12 of chapter 138 of the General Laws is hereby amended by striking out, in lines 63 to 65, inclusive, as appearing in the 2012 Official Edition, the words “, notwithstanding any limitation on the number of licenses the city or town is authorized to grant in section 17,” and inserting in place thereof the following words:- pursuant to the municipal plan as required by section 17.

              SECTION 49.  Said section 12 of said chapter 138 is hereby further amended by striking out, in lines 89 and 90, as so appearing, the words “and irrespective of any limitation of number of licenses contained in section seventeen”.

              SECTION 50.  The sixth paragraph of said section 12 of said chapter 138, as so appearing, is hereby amended by striking out the second sentence.

              SECTION 51.  Said section 12 of said chapter 138 is hereby further amended by striking out, in line 147, as so appearing, the words “notwithstanding section 17”.

              SECTION 52.  Said chapter 138 is hereby further amended by inserting after section 13 the following section:-

              Section 13A.  (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

              "Airline club'', an establishment that is not open to the general public and which is operated by or for an airline at the airport to provide exclusive or special accommodations to members and their guests in accordance with airline policy.

              "Airport'', the General Edward Lawrence Logan International Airport.

              "Passenger terminals'', the passenger terminals and designated airline clubs within the airport.

              "Restricted airport licenses'', licenses for: (i) the sale of all alcoholic beverages to be drunk on the premises within the passenger terminals; and (ii) the sale of wines and malt beverages to be drunk on the premises within the passenger terminals.

              (b) The licensing board for the city of Boston may grant restricted airport licenses to common victuallers duly licensed under chapter 140 and operating within the passenger terminals subject to the approval of the alcoholic beverages control commission.  Once issued to a licensee within the passenger terminals, the licensing board shall not approve the transfer of a restricted airport license to a location outside of the passenger terminals.  A restricted airport license shall be nontransferable to any other person, corporation or organization operating outside the passenger terminals and shall be clearly marked "nontransferable outside the passenger terminals at the airport'' on its face.  A restricted airport license, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing board which may then grant that license to a new applicant operating within the passenger terminals, consistent with this section.

              SECTION 53.  The first paragraph of section 14 of said chapter 138, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Special licenses for the sale of all alcoholic beverages, wines and malt beverages only or either of them may, as determined by the municipality, be issued by the local licensing authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise.

              SECTION 54.  Section 15 of said chapter 138, as so appearing, is hereby amended by inserting after the word “licenses”, in line 5, the following words:- pursuant to the municipal plan as required by section 17.

              SECTION 55.  Section 16A of said chapter 138, as so appearing, is hereby amended by striking out, in line 11, the word “so” and inserting in place thereof the following words:- as determined by a municipality to be.

              SECTION 56.  Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “, to the extent that the same are issuable under section seventeen”.

              SECTION 57.  Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in line 18, the words “for the purposes of section seventeen”.

              SECTION 58.  Said chapter 138 is hereby amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-

              Section 17.  A city or town shall determine the number of all alcoholic beverage or wines and malt beverage licenses to be issued by its local licensing authority under sections 12, 14, 15 and 15F, including the number of seasonal licenses. 

              A city or town that seeks to grant additional licenses on or after July 1, 2014 shall adopt a plan that is approved by the mayor, city council or board of selectmen.  The plan shall determine  the process for granting additional licenses; provided, however, that: (i) at least 1 public hearing regarding the plan shall be conducted by the city council, board of selectmen or governing body of the city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of the public hearing.

              The governing body of each city or town shall hold a public hearing regarding a license application within 30 days of the date of the license application.

              Unless expressly authorized by this chapter, a local licensing authority shall not grant licenses to any person, firm or corporation under more than 1 section of this chapter.

              SECTION 59.  Sections 17A to 17C, inclusive, of said chapter 138 are hereby repealed.

              SECTION 60.  Section 29 of said chapter 138, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 20 to 23, inclusive, the words “; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen”.

              SECTION 61.  Section 19 of chapter 159 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The department may exempt any common carrier from any provision of this section upon a determination by the department after notice and a hearing that such an exemption is in the public interest.

              SECTION 62.  Subsection (d) of section 7 of chapter 293 of the acts of 2006 is hereby amended by striking out the figure "$325,000,000", inserted by section 61 of chapter 238 of the acts of 2012, and inserting in place thereof the following figure:- $600,000,000.

              SECTION 63.  The second sentence of subsection (e) of said section 7 of said chapter 293 is hereby amended by striking out the figure "3", inserted by section 62 of said chapter 238, and inserting in place thereof the following figure:- 8.

              SECTION 64.  Sections 2, 3, 5, 6, 9 and 10 of chapter 193 of the acts of 2011 are hereby repealed.

              SECTION 65.  Clause (6) of subsection (a) of section 93 of chapter 194 of the acts of 2011 is hereby amended by striking out the words “Fund established in section 35J of chapter 10” and inserting in place thereof the following words:- Trust Fund established in subsection (b) of section 13T of chapter 23A.

              SECTION 66.  (a) Notwithstanding any general or special law to the contrary, the chief information officer of the commonwealth shall meet not less frequently than monthly with each secretariat or their designees to determine best practices, experiences, obstacles and opportunities in each of the executive offices and shall make recommendations for collaboration among the executive offices to improve sharing and analysis of data in order to provide better and more efficient services to the residents of the commonwealth.  Each secretary, in consultation with the chief information officer, shall identify information technology-related activities and supporting financial functions common to the state agencies within the executive office and shall designate such functions as core information technology functions to improve administrative efficiency and preserve fiscal resources.

              (b) The chief information officer, in consultation with each secretary, shall submit an annual report detailing its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representative and the senate and house chairs of the joint committee on economic development and emerging technologies not later than March 1.  

              SECTION 67. Notwithstanding any general or special law to the contrary, the Massachusetts Development Finance Agency established in chapter 23G of the General Laws shall conduct an investigation and study of the viability, fiscal impact, potential benefits, statutory and regulatory barriers and anticipated results of establishing a Designated Port Area Fund in order to make loans for the design, construction, repair, renovation, rehabilitation or other capital improvement of existing commercial and marine industrial infrastructure in designated port areas as defined in 301 CMR 25.02.  The Massachusetts Development Finance Agency shall expend the funds necessary to conduct its investigation and study. Monies in the fund shall be used to promote and facilitate commercial and marine industrial development in the commonwealth.

              The study shall include, but not be limited to: (i) the feasibility of establishing a Designated Port Area Fund to aid and finance publicly and privately-held commercial and marine industrial properties located in designated port areas; (ii) an assessment of existing designated port area infrastructure; (iii) an evaluation of the barriers to growth and development in designated port areas; (iv) the impact of designated port areas on the commercial fishing industry; (v) the formation of a strategic plan to encourage and facilitate future commercial and industrial development in designated port areas; (vi) the formation of a strategic plan to address the issue of wastewater in designated port areas; (vii) an examination of the current permissible land uses within designated port area and whether those uses should be expanded to include mixed use commercial maritime activity; (viii) an evaluation of potential future benefits to the commonwealth and to property owners as a result of additional growth and development in designated port areas; and (ix) a determination of the amount of funds necessary to adequately support the purpose of a Designated Port Area Fund.

              The Massachusetts Development Finance Agency shall submit its report and recommendations, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the senate and house of representatives who shall forward the report to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies not later than December 31, 2014.

              SECTION 68. (a) The Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative shall, subject to appropriation, develop and implement a plan to promote and establish computer science education in public schools. The Massachusetts Technology Collaborative shall serve as the state agent in support of the objectives of the Massachusetts Computing Attainment Network, or MassCAN; provided, that the primary goal of MassCAN shall be to strengthen the growth and vitality of the state’s technology industry and the technology dependent business sectors by implementing a broad-based education and workforce strategy with the objective of increasing the number of students prepared to pursue computing technology careers. In furtherance of this goal, MassCAN shall seek to promote an environment in which all students in grades kindergarten to grade 12, inclusive, have access to computer science courses.  MassCAN may, subject to the availability of funds: (i) promote the development and implementation of educational programs, courses and modules for students in grades kindergarten to grade 12, inclusive, and teachers; (ii) collaborate with the department of elementary and secondary education in developing new voluntary kindergarten to grade 12, inclusive, computer science standards; (iii) develop a school district-based program to assist teachers and administrators with the implementation of new computer science courses; (iv) develop and maintain a website to share computer science resources and broadly communicate best practices and successes; (v) connect computer science students with industry professionals to enhance students’ understanding of the relevance of their educational experience to the workplace and science, technology, engineering and math, or STEM, career opportunities; (vi) identify the particular needs of school districts with disproportionately high numbers of underrepresented minorities; and (vii) leverage at least $1 in matching funds from non state sources of funding for every $1 expended within the commonwealth.  MassCAN shall take into consideration the recommendations of the STEM advisory council when developing and implementing educational programs. 

              (b) MassCAN shall be guided by the MassCAN advisory board to be appointed by the governor, 1 whom shall be recommended by Massachusetts Competitive Partnership, Inc., 1 of whom shall be recommended by the Massachusetts Business Roundtable, 1 of whom shall be recommended by the Massachusetts Technology Leadership Council, Inc., 1 of whom shall be recommended by a federally-funded research corporation, 1 of whom shall be recommended by a public university computer science department chair, 1 of whom shall be recommended by the Massachusetts Association of School Superintendents,  Inc., 1 of whom shall be recommended by the Greater Boston chapter of the Computer Science Teachers Association, 1 of whom shall be recommended by the METCO program and 1 whom shall be recommended by the Massachusetts chapter of the Society of Women Engineers. 

              (c) The Massachusetts Technology Collaborative shall file an annual report by September 30 for the duration of the program with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies that shall include a 3-year strategic plan and annual goals and progress in achieving those goals.

              SECTION 69. The chief information officer of the information technology division shall establish an online business portal, which shall include a streamlined step-by-step guide to starting a business in the commonwealth and tools to complete this process.  Each page and link associated with the portal shall have a uniform layout, design and branding and shall limit its search results to information available within the portal. The portal shall reflect development procedures that enable functionality, security and interoperability across state entities. The chief information officer shall, within 12 months after the effective date of this section, develop and report to the secretary of administration and finance, the executive office of housing and economic development and the senate and house committees on ways and means on the status of the portal. The report shall examine the benefits of having an independent analysis to ensure that the commonwealth's investment in information technology supports the needs of users trying to start, expand or operate a business in the commonwealth. The report shall include the results of independent verification, validation and testing as a means to ensure that the technology being implemented satisfies the changing needs of businesses, life expectancy and budget of the commonwealth. The report shall include recommendations on ways to ensure that the commonwealth's information technology small business strategy is meeting the needs of business people, entrepreneurs and other users of the portal.

              SECTION 70. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

              "Affiliate", a nonprofit entity including, but not limited to, a hospital or a medical or research institution that is connected or associated with an institution through shared ownership or control, shared directors or trustees or contractual rights and obligations.

              "Entrepreneurship institution," the University of Massachusetts at Lowell and the University of Massachusetts at Boston.

              "Resident entrepreneur," any candidate who is either a student or graduate who is not a citizen of the United States who desires to move to or remain in the commonwealth on a nonimmigrant status following a period of study for a masters or doctorate degree in the sciences, technological fields, engineering, mathematics, accounting, finance, economics, business or business administration in order to obtain practical experience in the field of study, including the skills required in the organization and establishment of a new business venture with the potential to create a high growth company or has initiated the process of establishing a new business venture; provided that “resident entrepreneurs” shall possess the necessary skill, experience or talents to perform a specialty occupation as defined in section 184 of the federal Immigration and Nationality Act of 1965, 8 U.S.C. § 1184(i).

              (b) The Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws shall develop in collaboration with the University of Massachusetts at Lowell and the University of Massachusetts at Boston, a 3-year pilot program of part-time employment for qualified resident entrepreneurs.  A resident entrepreneur shall work within the program not less than 8 hours and not more than 15 hours per week and shall be assigned duties in the resident entrepreneur’s chosen academic field, providing services directly to the resident entrepreneur’s employer or to 1 of its affiliates.  A resident entrepreneur shall work under the direct supervision of the resident entrepreneur’s employer on assignments that further the employer’s interests while developing skills required for organizing and establishing successful new business ventures.  A resident entrepreneur shall devote the remainder of the resident entrepreneur’s time to establishing a new business venture which shall be housed at either the Medical Device Development Center at the University of Massachusetts at Lowell or at the Venture Development Center at the University of Massachusetts at Boston. The employer shall pay each resident entrepreneur a salary for the services at a market rate as established by the United States Department of Labor.

              In order to allow a resident entrepreneur to remain in the commonwealth following the award of a masters or doctorate degree, the employer of the resident entrepreneur shall apply to the United States Citizenship and Immigration Services for a nonimmigrant visa under § 101(a)(15)(h)(i)(b) of the federal Immigration and Nationality Act of 1965, 8 U.S.C. 1101(a)(15)(h)(i)(b). 

              The corporation, in collaboration with the University of Massachusetts at Boston and the University of Massachusetts at Lowell, shall establish the terms, procedures, standards and conditions which the corporation shall use to identify qualified programs, review and approve applications, safeguard the fund, advance the objective of increasing employment opportunities and oversee the progress of qualified programs.

                            (c) The Massachusetts Technology Park Corporation shall submit a report to the clerks of the house of representatives and the senate and the house and senate chairs of the joint committee on economic development and emerging technologies not later than December 31 of each year of the pilot program.  The report shall include, but not be limited to: (i) progress on the implementation of the pilot program; (ii) recommendations for extending the program to additional educational institutions; (iii) the number of resident entrepreneurs participating in the program; (iv) the fields of practice resident entrepreneurs are engaged in; (v) the business ventures organized or established by resident entrepreneurs; and (vi) a cost-benefit analysis of the pilot program. 

              SECTION 71. Notwithstanding any general or special law to the contrary, the chief information officer in the information technology division, in coordination with the executive office of housing and economic development, shall study the cost and feasibility of creating and maintaining a searchable database of available commercial, retail, warehouse, manufacturing, office, lab or shared innovation workspaces throughout the commonwealth which can be accessed by the public as a part of the business portal established in section 69 of this act.  The chief information officer shall report the findings of this study to the executive office of administration and finance, and the chairs of the senate and house committees on ways and means not later than July 31, 2015.

              SECTION 72. The Massachusetts office of travel and tourism shall coordinate with the Massachusetts Convention Center Authority to establish a plan to promote tourism throughout each region of the commonwealth at each event held at the Boston Convention and Exhibition Center, the John B. Hynes Veterans Memorial Auditorium and the MassMutual Center.  The plan shall be implemented not later than 180 day after the effective date of this section.

              SECTION 73.  Chapter 93L of the General Laws shall not apply to misappropriation occurring prior to the effective date of this act.  With respect to a continuing misappropriation that began prior to the effective date of this section, said chapter 93L shall not apply to the continuing misappropriation that occurs after the effective date of this section.             

              SECTION 74. The commissioner of higher education shall submit a report on the implementation of section 15G of section 15A of the General Laws to the senate and house chairs of the joint committee on labor and workforce development, the joint committee on higher education and the joint committee on economic development and emerging technologies by July 31, 2015.  The report shall include, but not be limited to: (i) a list of stackable certificates available at public higher education institutions; (ii) a list of workforce training programs in which stackable certificates would be beneficial; (iii) the department’s efforts to disseminate information; and (iv) enrollment data from stackable credential programs available at public higher education institutions.

              SECTION 75. The executive office of housing and economic development shall conduct a study to evaluate the feasibility of developing an international building exhibition to be assembled in an economically-depressed municipality to address urban concerns including, but not limited to, sustainability, energy consumption, transportation, urban renewal and green building practices. The study shall be submitted to the executive office for administration and finance, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on economic development and emerging technologies not later than June 30, 2015.

              SECTION 76. The Massachusetts sports partnership commission established in section 13J of chapter 23A of the General Laws shall convene a meeting not more than 60 days after the effective date of this act.

              SECTION 77. Notwithstanding any general or special law to the contrary, not later than July 1, 2015 and without further appropriation, the state comptroller shall transfer $10,000,000 from the General Fund to the Transformative Development Fund established in section 46 of chapter 23G of the General Laws.

              SECTION 78. Notwithstanding any general or special law to the contrary, not later than July 1, 2016 and without further appropriation, the state comptroller shall transfer $10,000,000 from the General Fund to the Transformative Development Fund established in section 46 of chapter 23G of the General Laws.

              SECTION 79. Section 68 is hereby repealed.

              SECTION 80.  Paragraph (2) of subsection (a) of section 3F of chapter 23A shall take effect on July 1, 2014.

              SECTION 81. On or after July 1, 2014, the current number of licenses authorized under section 17 of chapter 138 of the General Laws shall continue unless changed by the governing body of a city or town under said section 17 of said chapter 138.

              SECTION 82. Sections 4, 26, 33 and 65 shall take effect on July 1, 2016.

              SECTION 83. Sections 37, 39, 41 and 43 shall take effect on January 1, 2015.

              SECTION 84 Sections 38, 40, 42 and 44 shall take effect on January 1, 2019. 

              SECTION 85. Section 79 shall take effect on July 1, 2017. 

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error