HOUSE  .  .  .  .  .  .  .  . .  .  .  .  .  .  .  No. 4514  

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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By striking out all after the enacting clause and inserting in place thereof the following:-
 

SECTION 1.  To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2014, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.  Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2015.

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Revenue.

1232-0100   ……………………………………………………………….$1,500,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Veterans Services

1410-0010  ……………………………………………………….……$500,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education

7010-0005……………………………………………...…..........$100,000

7061-9412    ....…………………………………… ……………………$1,000,000

SECTION 2A. To provide for uncertain unanticipated obligations of the commonwealth, to provide for alterations of purpose for current appropriations and to meet certain requirements of law, the following sum is hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulations the disbursement of public funds for the fiscal year ending June 30, 2014. This sum shall be in addition to any amounts previously appropriated and made available for the purposes of this item. This sum shall be made available until June 30, 2015.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance.

1599-3765For a reserve to reimburse municipalities’ share of costs related to extreme or severe weather events, including tornadoes; provided, that municipalities shall first submit a plan to the secretary of administration and finance on how the funds will be used;; provided further, that the comptroller shall transfer funds made available in this tem to municipalities for this purpose upon the written request of the secretary of administration and finance…………$5,000,000

1599-6732 For a reserve for the executive office for administration and finance, which shall continue for a period of 3 years to audit Other Post Employment Benefit Trust Funds or other similar funds of certain cities and towns as otherwise provided in law; provided, that funds from this item shall be used for said audits by the public employee retirement administration commission pursuant to section 21 of chapter 32 of the General Laws……....$25,000

1599-8910 For a reserve for operations at the sheriffs’ facilities; provided, that any spending from this account shall be used solely for costs associated with the annual operations of the sheriffs’ departments and not for capital projects; and provided further, that the secretary of administration and finance may transfer amounts from the reserve to a sheriff’s department only if the secretary of administration and finance (a) has verified a deficiency in fiscal year 2014 for that department’s operations with the office of the comptroller and (b) has determined, in consultation with the house and senate committees on ways and means, that the amounts transferred to the sheriff’s department are necessary to support its operations……...$6,813,877

SECTION 2C.I.  For the purpose of making available in fiscal year 2015 balances of appropriations which otherwise would revert on June 30, 2014, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 38 of the acts of 2013.  However, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 in prior appropriation acts.  The unexpended balances of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 38.   The sums re-appropriated in this section shall be in addition to any amounts available for said purposes.

TREASURER AND RECEIVER GENERAL

0612-0105   ………………………………………………………………………………$650,000

OFFICE OF THE STATE COMPTROLLER

1599-0024   ………………………………………………………………………………$320,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance.

1599-0026   …………………………………………………………………………….$1,757,095

1599-0027   …………………………………………………………………………….$2,000,000

1599-1705   ………………………………………………………………………………$399,034

1599-2013   ………………………………………………………………………………$341,623

1599-3557   …………………………………………………………………………….$250,000

1599-7104   …………………………………………………………………………….$4,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Environmental Protection.

2200-0100   ………………………………………………………………………………$970,000

Department of Fish and Game.

2330-0100   ………………………………………………………………………………$124,517

CENTER FOR HEALTH INFORMATION AND ANALYSIS

4100-0060   …………………………………………………………………………….$1,200,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary of Housing and Economic Development.

7002-0035   ………………………………………………………………………………..$69,000

7002-0040   …………………………………………………………………………….$2,000,000

EXECUTIVE OFFICE OF EDUCATION

Office of the Secretary of Education.

7009-6402   ………………………………………………………………………………$127,849

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Chief Medical Examiner.

8000-0106   ………………………………………………………………………………$600,000

Military Division.

8700-0001   ………………………………………………………………………………$100,000

SECTION 2C.II.  For the purpose of making available in fiscal year 2015 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2014, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of the general appropriation act for fiscal year 2014.  However, for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A or 2B in prior appropriation acts.  Amounts in this section are re-authorized from the funds designated for the corresponding item in section 2 or 2B of the general appropriation act; provided, however, that for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A or 2B of this act or in prior appropriation acts.  The sums re-authorized in this section shall be in addition to any amounts available for those purposes.

JUDICIARY

Committee for Public Counsel Services.

0321-1518   …………………………………………………………………………….$650,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Human Resources Division.

1750-0102   ………………………………………………………………………………$250,000

1750-0601   ………………………………………………………………………………$300,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Chief Medical Examiner.

8000-0122   ………………………………………………………………………………$200,000

SECTION 3. Subsection (a) of section 216 of chapter 6 of the General Laws, added by section 3 of chapter 48 of the acts of 2014, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 2 sentences:- The task force shall also be co-chaired by up to 4 current or former elected officials to be appointed by the governor and shall include at least 1 member of the federal congressional delegation, who shall serve on the task force through at least the first full year of a new gubernatorial administration. The task force shall consist of the following members: the secretary of public safety and security or a designee; the adjutant general of the Massachusetts national guard or a designee; the commander of the Massachusetts army national guard or a designee; the commander of the Massachusetts air national guard or a designee; the secretary of housing and economic development or a designee; the secretary of labor and workforce development or a designee; the secretary of energy and environmental affairs or a designee; the secretary of education or a designee; the secretary of administration and finance or a designee; the secretary of the Massachusetts Department of Transportation or a designee; the chief executive officer of the Massachusetts Port Authority or a designee; the secretary of health and human services or a designee; the secretary of the department of veterans services or a designee; the president and chief executive officer of Massachusetts Development Finance Agency or a designee; 2 representatives from the defense sector appointed by the governor; 2 representatives from institutions of higher education appointed by the governor; 2 members of the senate, 1 of whom shall be the chair of the joint committee on veterans and federal affairs and 1 of whom shall be appointed by the minority leader; and 2 members of the house of representatives, 1 of whom shall be the chair of the joint committee on veterans and federal affairs and 1 of whom shall be appointed by the minority leader.

SECTION 4. The introductory paragraph of section 4A of chapter 7 of the General Laws, as  appearing in section 19 of chapter 165 of the acts of 2014, is hereby amended by adding the following sentence:- The executive office shall also include an office of access and opportunity.

SECTION 5. Said section 4A of said chapter 7, as appearing in the 2012 Official Edition, is hereby further amended by inserting after paragraph (e) the following paragraph:-

(f) The office of access and opportunity shall be headed by an assistant secretary for access and opportunity who shall be appointed by the secretary with the approval of the governor. The assistant secretary shall be a person who has at least 5 years experience in the area of civil rights or diversity and inclusion efforts. The office shall: (1) promote non-discrimination and equal opportunity in all aspects of executive agency decision-making and operations, including but not limited to, employment activity, procurement activity, policymaking and implementation and access to executive agency services; (2) review and recommend improvements to executive agency programs, activities and services to ensure that said programs, activities and services are administered in a non-discriminatory manner; (3) review and recommend improvements to executive agency programs, activities and services to foster economic opportunity for all persons; and (4) with the approval of the secretary, take administrative actions, including but not limited to, promulgating administrative bulletins and other policy guidance to promote and ensure nondiscrimination and equal opportunity in the policies, services, programs and activities of executive agencies. The office shall report annually the results of its effort to the chairs of the joint committee on state administration and regulatory oversight.

SECTION 6. Chapter 9 of the General Laws, as so appearing, is hereby amended by adding the following section:-

Section 32. The state secretary, acting on behalf of the commonwealth, may sell, transfer or license the corporation division’s software and related documents pertaining to its web based searching and filing applications, including the business entity and uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms and conditions as in the secretary’s sole discretion reasonably compensates the commonwealth for its interests.  The secretary may retain and expend revenues collected from such sales, licensure or user agreements in an amount 50 per cent for technical activities of the corporations division, the remaining 50 per cent to be deposited in the General Fund.  The secretary may provide webhosting, and ongoing support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications.  The department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the division. 

SECTION 7. Section 22 of chapter 13 of the General Laws, as appearing in section 2 of chapter 159 of the acts of 2014, is hereby amended by striking out, in lines 13, 19, 25, 28, 31 and 35, the words “at least”.

SECTION 8. Subsection (i) of said section 22 of said chapter 13, as so appearing, is hereby amended by adding the following sentence:- The registered pharmacist as defined in subsection (g) shall not constitute an appointment of an independent pharmacist, chain pharmacist, hospital pharmacist, long-term care pharmacist, or academic pharmacist as defined in subsections (c), (d), (e), (f), and (h) for the purposes of this paragraph.

SECTION 9. Subsection (d) of section 8 of chapter 15D of the General Laws, as amended by section 31 of chapter 165 of the acts of 2014, is hereby further amended by adding after the words “information check” the following:- every 3 years in accordance with regulations established by the department, provided that applicants for employment in any department licensed, funded or approved program who are subject to a fingerprint-based check of the state and national criminal history databases for the same employer that is approved or licensed under chapter 19B or chapter 71B shall submit to a fingerprint-based check in accordance with regulations established by the department; provided further, that no person who is deemed suitable by the department shall be subject to more than 1 fingerprint-based check every 3 years for the purpose of maintaining employment with the same employer that is licensed, approved or funded under this chapter or chapters 19B and 71B, and shall not be subject to duplicative fingerprint-based checks for the same employer unless an exception described in the department's regulations applies.  The department will only determine whether an applicant is suitable for association with a department licensed, funded or approved program.

SECTION 10. Subsection (a) of section 13 of chapter 17 of the General Laws, as amended by section 2 of chapter 258 of the acts of 2014, is hereby further amended by striking out the figure “10” and inserting in place thereof the following figure:- 13.

SECTION 11.  Section 1 of chapter 23 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “director”, in line 11, the following words:-  and each department may, with the approval of the secretary of labor and workforce development, adopt regulations under chapter 30A.

SECTION 12.  The first sentence of section 21A of chapter 24 of the General Laws, inserted by section 42 of chapter 165 of the acts of 2014, is hereby amended by inserting after the word “affairs”, the second time it appears, the following words:- and the chancellor of the University of Massachusetts at Amherst.

SECTION 13. The second sentence of said section 21A of said chapter 24, as so inserted, is hereby amended by striking out the words “and the chancellor of the University of Massachusetts at Amherst” and inserting in place thereof the following words:- shall be housed at the University of Massachusetts at Amherst and.

SECTION 14. Chapter 29 of the General Laws is hereby amended by adding the following section:-

Section 2QQQQ. There shall be established upon the books of the commonwealth a separate fund to be known as the Logan Airport Health Study Trust Fund to be expended, without prior appropriation, by the department of public health. The fund shall consist of monies allocated by the Massachusetts Port Authority or any other public or private entity to the department of public health for the purpose of conducting public health activities associated with the Logan Airport Health Study, conducted pursuant to chapter 159 of the acts of 2000. The commissioner shall make necessary expenditures from the fund for administration and project management activities as well as for direct support to community health centers within the study area. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that would cause the fund to be in deficit 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.

SECTION 15.  Section 4 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the figure “$25,000” and inserting in place thereof the following figure:- $35,000.

SECTION 16. Chapter 32B of the General Laws is hereby amended by striking out section 20, as appearing in the 2012 Official Edition, and inserting in place thereof the following 2 sections:-

Section 20. (a) As used in this section and section 20A, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Chief executive officer”, the mayor in a city and the board of selectmen in a town unless some other municipal office is designated to be the chief executive officer under a local charter, the county commissioners in a county and the governing board, commission or committee in a district or other governmental unit.

“Commission”, the public employee retirement administration commission established pursuant to  section 49 of chapter 7.

“GASB”, the Governmental Accounting Standards Board.

“Governing body”, the legislative body in a city or town, the county commissioners in a county, the regional district school committee in a regional school district, or the district meeting or other appropriating body in any other governmental unit.

"Governmental unit'', any political subdivision of the commonwealth, which for the purposes of this section shall include a local housing or redevelopment authority, regional council of government established under section 20 of chapter 34B, a municipal lighting plant and educational collaborative as defined by section 4E of chapter 40.

“Other Post-Employment Benefits Liability Trust Fund” or “OPEB Fund”, a trust fund established by a governmental unit under this section for the deposit of gifts, grants and appropriations and other funds for the benefit of retired employees and their dependents, the payment of required contributions of the unit to the group health insurance benefits provided to employees and their dependents after retirement and the reduction and elimination of the unfunded liability of the unit for such benefits.

“OPEB Fund board of trustees”, an independent board of trustees selected by the governmental unit with investing authority for the OPEB Fund.

“OPEB investing authority” or “investing authority”, the trustee or board of trustees designated by the governmental unit to invest and reinvest the OPEB Fund using the investment standard or investment vehicle established under this section.

“State Retiree Benefits Trust Fund board of trustees”, the board of trustees established by section 24A of chapter 32A.

(b) A governmental unit that accepts this section shall establish on its books and accounts the Other Post-Employment Benefits Liability Trust Fund, the assets of which shall be held solely to meet the current and future liabilities of the governmental unit for group health insurance benefits for retirees and their dependents. The governmental unit may appropriate amounts to be credited to the fund and the treasurer of the governmental unit may accept gifts, grants and other contributions to the fund. The fund shall be an expendable trust subject to appropriation and shall be managed by a trustee or a board of trustees as provided in subsection (d). Any interest or other income generated by the fund shall be added to and become part of the fund. Amounts that a governmental unit receives as a sponsor of a qualified retiree prescription drug plan under 42 U.S.C. section 1395w-132 may be dedicated to and become part of the fund by vote of the governing body of the governmental unit. All monies held in the fund shall be accounted for separately from other funds of the governmental unit and shall not be subject to the claims of any general creditor of the governmental unit.

(c) The treasurer of the governmental unit shall be the custodian of the OPEB Fund and shall be bonded in any additional amounts necessary to protect fund assets.

(d) The governing body of the governmental unit shall designate a trustee or board of trustees, which shall have general supervision of the management, investment and reinvestment of the OPEB Fund. The governing body may designate as the trustee or board of trustees: (i) the custodian; or (ii) an OPEB Fund board of trustees established by the governmental unit under subsection (e). If no designation is made, the custodian of the fund shall be the trustee and shall manage and invest the fund. The duties and obligations of the trustee or board of trustees with respect to the fund shall be set forth in a declaration of trust to be adopted by the trustee or board, but shall not be inconsistent with this section. The declaration of trust and any amendments thereto shall be filed with the chief executive and the clerk of the governing body of the governmental unit and take effect 90 days after the date filed unless the governing body votes to disapprove any such declaration or amendment within that period. The trustee or board of trustees may employ reputable and knowledgeable investment consultants to assist in determining appropriate investments and pay for those services from the fund, if authorized by the governing body of the governmental unit. The trustee or trustees may, with the approval of the State Retiree Benefits Trust Fund board of trustees, invest the OPEB Fund in the State Retiree Benefits Trust Fund established in section 24 of chapter 32A.

(e) The governing body of the governmental unit may vote to establish a separate OPEB Fund board of trustees to be the investing authority. The board of trustees shall consist of 5 to 13 individuals, including a person or persons with the investment experience desired by the governmental unit, a citizen or citizens of the governmental unit, an employee of the governmental unit, a retiree or retirees of the governmental unit, and a governmental unit officer or officers. The governmental unit employee trustee or trustees shall be selected by current employees of the unit by ballot, and the retiree trustee or trustees shall be selected by current retirees of the unit by ballot. The remainder of the trustees shall be appointed by the chief executive officer of the governmental unit. The trustees shall serve for terms of 3 or 5 years as determined by the governing body of the governmental unit, and if a vacancy occurs, a trustee may be elected or selected in the same manner to serve for the remainder of the term. Trustees shall be eligible for reappointment.

(f) The trustee or board of trustees shall act in a fiduciary capacity and shall discharge its duties for the primary purpose of enhancing the value of the OPEB Fund and shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise with like character and with like aims and by diversifying the investments in the fund so as to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so.

In any civil action brought against a trustee or the board of trustees, acting within the scope of official duties, the defense or settlement of which is made by legal counsel for the governmental unit, such trustee or employee shall be indemnified from the OPEB Fund for all expenses incurred in the defense thereof and for damages to the same extent as provided for public employees in chapter 258. No trustee or employee shall be indemnified for expenses in an action or damages awarded in such action in which there is shown to be a breach of fiduciary duty, an act of willful dishonesty or an intentional violation of law by such trustee or employee.

(g) Monies in the OPEB Fund not required for expenditures or anticipated expenditures within the investment period, shall be invested and reinvested by the custodian as directed by the investing authority from time to time; provided such investment is made in accordance with: (i) section 54 of chapter 44, in the case of the treasurer or OPEB Fund board of trustees as investing authority, unless the governing body of the governmental unit authorizes investment under the prudent investor rule established in chapter 203C; or (ii) sections 24 and 24A of chapter 32A, if the OPEB Fund is invested in the State Retiree Benefits Trust Fund.

(h) Amounts in the OPEB Fund may be appropriated by a two thirds vote of the governing body of the governmental unit to pay the unit’s share of health insurance benefits for retirees and their dependents upon certification by the trustee or board of trustees that such amounts are available in the fund. The treasurer of the governmental unit after consulting with the chief executive officer of the unit shall determine the amount to be appropriated from the fund to the annual budget for retiree health insurance and notify the trustee or board of trustees of that amount at the earliest possible opportunity in the annual budget cycle. Upon notification, the trustee or board of trustees shall take diligent steps to certify those funds as available for appropriation by the governmental unit, or will be available by the time the appropriation would become effective or provide an explanation why the funds are or will not be available or should not be made available.

(i) In a regional school district, appropriations of amounts to the OPEB Fund may be made only in the annual budget submitted to the member cities and towns for approval. The annual report submitted to the member cities and towns pursuant to clause (k) of section 16 of chapter 71 shall include a statement of the balance in the fund and all additions to and appropriations from the fund during the period covered by such report.

(j) A governmental unit that accepts this section may participate in the OPEB Fund established by another governmental unit under this section upon authorization of the governing boards of both units and in accordance with the procedures and criteria established by the trustee or board of trustees of the fund. Each governmental unit shall remain responsible for all costs attributable for the health care and other post-employment obligations for its retired employees and their dependents and for completing an actuarial valuation of its liabilities and funding schedule that conforms to GASB requirements.

The participating governmental unit may appropriate or otherwise contribute amounts to the OPEB Fund as provided in subsection (b). Amounts from the fund may be appropriated by the participating unit for its retiree health insurance expenses in the manner authorized in subsection (h) upon a determination by the treasurer of the governmental unit, after consulting with the chief executive officer of the governmental unit, of the necessary amount and notification of the treasurer of the governmental unit maintaining the fund and the trustee or board of trustees of that amount. The trustee or board of trustees shall certify those funds available for appropriation, as provided in subsection (h), and the treasurer of the governmental unit maintaining the fund shall transfer the amounts certified to the participating governmental unit.

The participating governmental unit shall be separately credited for any contributions made to and appropriations from the OPEB Fund, and interest or other income generated by the fund, in the accounting of the relative liabilities of each governmental unit for its retirees and their dependents.

(k) This section may be accepted in a city or town in the manner provided in section 4 of chapter 4; in a county, by vote of the county commissioners; in a regional school district, by vote of the regional school committee; and in a district or other governmental unit, by vote of the district meeting or other appropriating body.

(l) This section shall also apply to the OPEB Fund established by a governmental unit under a special law, notwithstanding any provision to the contrary, upon the acceptance of this section by the governmental unit.

Section 20A. Whenever a governmental unit obtains an actuarial valuation report in accordance with GASB statements of the liabilities of the unit for health care and other post-employment benefits for its retired employees and their dependents, it shall submit a copy to the commission no later than 90 days after receipt of such report. The commission may require that the governmental unit provide additional information related to such liabilities, normal cost and benefit payments, as specified by the executive office for administration and finance in consultation with the commission. The governmental unit shall file the report and the additional information with the commission and the division of local services. The commission shall file a summary report of the information received under this section with the chairs of the house and senate committees on ways and means, the secretary of administration and finance and the board of trustees of the State Retiree Benefits Trust Fund established under section 24A of chapter 32.

SECTION 17. Section 3 of chapter 44B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) All exemptions and abatements of real property authorized by said chapter 59 or any other law for which a taxpayer qualifies as eligible shall not be affected by this chapter.  The surcharge to be paid by a taxpayer receiving an exemption or abatement of real property authorized by said chapter 59 of any other law shall be reduced in proportion to the amount of such exemption or abatement.

SECTION 18.  Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 169, as appearing in the 2012 Official Edition, the figure “$25,000,000” and inserting in place thereof the following figure:- $30,000,000.

SECTION 19. Paragraph (4) of subsection (r) of said section 6 of said chapter 62 is hereby amended by striking out the figure “$30,000,000”, inserted by section 49 of chapter 287 of the acts of 2014, and inserting in place thereof the following figure:- $25,000,000.

SECTION 20.  Section 71 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the word “commissioner”, in lines 4 and 5, the following words:- , or may be given as the parties otherwise agree, including by  electronic notification as provided in chapter 110G.

SECTION 21. Section 38R of chapter 71 of the General Laws, as amended by section 7 of chapter 77 of the acts of 2013, is hereby amended in the second sentence of the second paragraph by adding after the words “contact with children” the following:- ; provided, that no person who is deemed suitable by the department of early education and care shall be subject to more than 1 fingerprint-based check every 3 years for the purposes of maintaining employment with the same employer operating programs licensed, funded or approved under chapter 15D and chapter 71B, and provided further that the department of early education and care shall conduct said background record check in accordance with section 8 of chapter 15D.

SECTION 22. Section 25M of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 22 to 24, inclusive, the words “1 of whom shall be a representative of the Massachusetts Center for Nursing, Inc.;” and inserting in place thereof the following words:- 1 of whom shall be appointed by the governor at his discretion.

SECTION 23. Section 229 of chapter 111 of the General Laws, as inserted by section 1 of chapter 371 of the acts of 2012, is hereby repealed.

SECTION 24. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 230. (a) For purposes of this section, the following terms shall have the following meanings:

“Health care practitioner”, any person licensed or registered under section 2, 16, 74 or 74A of chapter 112, including any intern, resident, fellow or medical officer who conducts or assists with the performance of surgery.

“Operating room circulator”, a licensed registered nurse who is educated, trained and experienced in perioperative nursing, who is immediately available to physically intervene in providing care to the surgical patient.

“Surgical facility”, any entity that provides surgical health care services, whether inpatient or outpatient and whether overnight or ambulatory including, but not limited to, any hospital, clinic or private office of a health care practitioner, whether conducted for charity or for profit and whether or not subject to section 25C, as well as any organization, partnership, association, corporation, trust or the commonwealth, or any subdivision thereof.

“Surgical technologist”, any person who provides surgical technology services who is not a health care practitioner.

“Surgical technology”, surgical patient care including, but not limited to, 1 or more of the following:

(i) collaboration with an operating room circulator prior to a surgical procedure to carry out the plan of care by preparing the operating room, gathering and preparing sterile supplies, instruments and equipment, preparing and maintaining the sterile field using sterile and aseptic technique and ensuring that surgical equipment is functioning properly and safely;

(ii) intraoperative anticipation and response to the needs of a surgeon and other team members by monitoring the sterile field and providing the required instruments or supplies;

(iii) performance of tasks at the sterile field, as directed in an operating room setting, including: (1) passing supplies, equipment or instruments; (2) sponging or suctioning an operative site; (3) preparing and cutting suture material; (4) transferring and irrigating with fluids; (5) transferring, but not administering, drugs within the sterile field; (6) handling specimens; (7) holding retractors; and (8) assisting in counting sponges, needles, supplies and instruments with an operating room circulator.

(b) A surgical facility shall not employ or otherwise retain the services of any person to perform surgical technology tasks or functions unless such person: (1) has successfully completed an accredited educational program for surgical technologists and holds and maintains a certified surgical technologist credential administered by a nationally recognized surgical technologist certifying body accredited by the National Commission for Certifying Agencies and recognized by the American College of Surgeons and the Association of Surgical Technologists; (2) has successfully completed an accredited school of surgical technology but has not, as of the date of hire, obtained the certified surgical technologist certification required in clause (1); provided, however, that such certification shall be obtained within 12 months of the graduation date; (3) was employed as a surgical technologist in a surgical facility on or before July 1, 2013; (4) has successfully completed a training program for surgical technology in the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or in the United States Public Health Service which has been deemed appropriate by the commissioner; or (5) is performing surgical technology tasks or functions in the service of the federal government, but only to the extent the person is performing duties related to that service.

(c) A person employed or otherwise retained to practice surgical technology in a healthcare facility may assist in the performance of operating room circulator duties under the direct clinical supervision, limited to clinical guidance, of the operating room circulator if: (1) the operating room circulator is present in the operating room for the duration of the procedure; (2) any such assistance has been assigned to such person by the operating room circulator; and (3) such assistance is consistent with the education, training and experience of the person providing such assistance.

(d) Nothing in this section shall prohibit a registered nurse, licensed or registered health care provider or other health care practitioner from performing surgical technology tasks or functions if such person is acting within the scope of such person’s license.

(e) Notwithstanding subsection (b), a surgical facility may employ a surgical technologist who does not meet the requirements of this section if the surgical facility receives a waiver from the department signifying that the surgical facility has: (1) made a diligent and thorough effort to employ qualified surgical technologists who meet the requirements of this section; and (2) is unable to employ enough qualified surgical technologists for its needs. The department, in consultation with an advisory committee of clinicians, shall establish criteria for said waiver.

SECTION 25. Section 1B of chapter 112 of the General Laws, as amended by section 23 of chapter 62 of the acts of 2014, is hereby further amended by adding the following subsection:-

(g) The commissioner of public health and each of the boards of registration and examination under the commissioner’s supervision shall waive the commonwealth’s portion of the initial application fee and the initial fee for a license application or certification granted pursuant to this section.

SECTION 26. Subsection (c) of section 39F of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out the word “pharmacies” and inserting in place thereof the following word:- entities.

SECTION 27. Section 252 of chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 52, the figure “239” and inserting in place thereof the following figure:- 255.

SECTION 28. Section 257 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 14, in each instance, the figure “239” and inserting in place thereof the following figure:- 255.

SECTION 29.  Section 26A of chapter 119 of the General Laws, as amended by section 152 of chapter 165 of the acts of 2014, is hereby further amended by inserting after the words "42 U.S.C. § 16962", in each instance, the following words:- and Public Law 92-544.

SECTION 30.  Section 63 of chapter 152 of the General Laws, as amended by section 168 of chapter 165 of the acts of 2014, is hereby amended by striking out the words “insured pays” and inserting in place thereof the following words:- insurer receives.

SECTION 31. Section 5 of chapter 624 of the acts of 1986, as amended by chapter 165 of the acts of 2014, is hereby amended by striking out the words “and use of Turtle Lane, a private way, and the use of a private driveway shall be restricted to emergency access, except that a temporary easement through Turtle Lane shall be authorized for rehabilitation of Elm Bank.

SECTION 32. Section 21 of chapter 137 of the acts of 2003, as appearing in section 131 of chapter 68 of the acts of 2011, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-  Section 1 shall expire on September 11, 2017.

SECTION 33.  Subsection (c) of section 190 of chapter 68 of the acts of 2011 is hereby amended by striking out the words “December 31, 2012” and inserting in place thereof the following words:- November 1, 2014.

SECTION 34.  Section 2 of chapter 287 of the acts of 2012 is hereby amended by striking out the words “June 30” and inserting in place thereof the following words:- November 1, 2014.

SECTION 35.  The fourth sentence of section 73 of chapter 36 of the acts of 2013, as amended by section 13 of chapter 52 of the acts of 2014, is hereby further amended by striking out the words “June 16, 2014” and inserting in place thereof the following words:- December 15, 2014.

SECTION 36. Item 0321-1518 of section 2 of chapter 38 of the acts of 2013 is hereby amended by adding the following words:- ; and provided further, that funds made available through June 30, 2015 in this item may be expended through items 0321-1500 and 0321-1504.

SECTION 37.  Item 4800-0015 of section 2 of chapter 38 of the acts of 2013, as amended by section 7 of chapter 119 of the acts of 2014, is hereby further amended by striking out the words “among items 4800-0038, 4800-0040, 4800-0041, and 4800-0015; provided further, that the commissioner may transfer funds from items 4800-0038, 4800-0040, 4800-0041 and 4800-0015 to item 4800-1100” and inserting in place thereof the following words: - among items 4800-0038, 4800-0040, 4800-0041, 4800-0015 and 4800-1100; provided further, that up to $2,000,000 in funds unexpended in fiscal year 2014 in items 4800-0038, 4800-0040, 4800-0041, 4800-0015 and 4800-1100, collectively, shall not revert and shall be made available for the purposes of these items until June 30, 2015.

SECTION 38.  Subsection (c) of section 165 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “June 30” and inserting in place thereof the following words:- November 1.

SECTION 39. The last sentence of section 64 of chapter 46 of the acts of 2013 is hereby amended by striking out the figure “2014” and inserting in place thereof the following figure:- 2015.

SECTION 40.  Item 1595-6368 of section 2E of chapter 52 of the acts of 2014 is hereby amended by striking out the figure “$30,115,915” and inserting in place thereof the following figure:- $62,115,915.

SECTION 41. Chapter 144 of the acts of 2014 is hereby amended by striking out section 51 and inserting in place thereof the following section:-

Section 51. Said paragraph (1) of said subsection (i) of said section 14 of said chapter 151A, as so appearing, is hereby = amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

With respect to calendar years beginning on or after January 1, 2015, the experience rate of any employer qualifying therefor under subsection (b) shall be the rate which appears in the column headed by the unemployment compensation reserve percentage as of the applicable computation date and on the line with the applicable employer account reserve percentage as set forth in the experience rate table:

SECTION 42. Said chapter 144 of the acts of 2014 is hereby further amended by striking out sections 52, 53 and 54.

SECTION 43.  Section 77 of said chapter 144 of the acts of 2014 is hereby amended by striking out the figures “52, 53 and 54”.

SECTION 44.  Item 0330-0300 of section 2 of chapter 165 of the acts of 2014 is hereby amended by striking out the words “provided further, that not less than $30,000 shall be expended for the Grandparents Raising Grandchildren Project to provide legal services to such grandparents in the areas of family law and public benefits, and further requiring the chief justice of administration and management to make a report to the general court on or before January 1, 2015, of all grandparents who requested legal services, their eligibility for such services and whether or not they were denied due to insufficient resources, including the legal problem for which they sought assistance; provided further, that not less than $50,000 shall be expended for the creation of a special commission on the Grandparents Raising Grandchildren Project;” and inserting in place thereof the following:-  provided further, that not less than $80,000 shall be expended for the purpose of hiring staff and administering a program for the commission on the Status of Grandparents Raising Grandchildren.

SECTION 45. Item 1410-0010 of said section 2 of said chapter 165 is hereby amended by inserting after the words “dogs for veterans” the following words:- ; provided further, that not less than $500,000 shall be expended for the Statewide Housing Advocacy of Reintegration and Prevention  program, so called.

SECTION 46. Item 1599-0026 of said section 2 of said chapter 165 is hereby amended by striking out the words “to mitigate student overcrowding in the city of Haverhill” and inserting in place thereof the following words:- for a technology grant to Haverhill public schools;

SECTION 47. Item 4110-3010 of said section 2 of said chapter 165 is hereby amended by striking out the words “; and provided further, that an additional $300,000 shall be made available to expand the contract for vocational rehabilitation services provided by The Carroll Center for the Blind, Inc”.

SECTION 48.  Item 7004-9024 of said section 2 of said chapter 165 is hereby amended by striking out the words “prior appropriation continued” and inserting in place thereof the following words:- provided further, that any unexpended funds in fiscal year 2014 shall not revert to the General Fund but instead up to $6,000,000 shall be deposited in the Housing Preservation and Stabilization Trust Fund established in section 60 of chapter 121B of the General Laws; and provided further, that any balance of unexpended funds in fiscal year 2014 not deposited in the Housing Preservation and Stabilization Trust Fund shall be made available for the purposes of this item until June 30, 2015.

SECTION 49. Item 7010-0005 of said section 2 of said chapter 165 is hereby amended by inserting after the word “Pohelo” the following words:- ; provided further, that no less than $100,000 shall be expended to retain a consultant to assist with the work of the foundation budget review commission established in section 4 of chapter 70 of the General Laws.

SECTION 50.  Item 1000-0005 of section 2B of said chapter 165 is hereby amended by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $1,200,000.

SECTION 51.  Section 2D of said chapter 165 is hereby amended by striking out item 1100-1702 and inserting in place thereof the following 3 items:-

1100-1702 For the purposes of a federally funded grant entitled Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for the grant, the account shall be exempt from the first $270,000 of fringe benefits and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws……………………………$1,400,096

1100-1703  For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act…………………………………………………$323,415

1100-1704  For the purposes of a federally funded technical assistance grant entitled, Maintain and Further Development of Developmental Disabilities Suite; provided, that in order to qualify for the grant, the account shall be exempt from the first $40,000 of fringe benefits and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws……….$231,706

SECTION 52.  Item 1595-1067 of section 2E of said chapter 165 is hereby amended by striking out the figure “$22,426,667” and inserting in place thereof the following figure:- $22,423,677.

SECTION 53.  Said item 1595-1067 of said section 2E of said chapter 165 is hereby further amended by striking out the figure “$11,213,334” and inserting in place thereof the following figure:- $11,211,839.

SECTION 54.  Said item 1595-1067 of said section 2E of said chapter 165 is hereby further amended by striking out the figure “$210,261,307” and inserting in place thereof the following figure:- $232,979,059.

SECTION 55. Item 1595-1068 of said section 2E of said chapter 165 is hereby amended by adding the following words:- ; and provided further, that up to $243,000,000 in payments made for federal fiscal year 2014 shall be made from the Medical Assistance Trust Fund of which $31,000,000 shall be made to the Cambridge public health commission for dates of service in state and federal fiscal year 2014 only after the Cambridge public health commission transfers up to $15,500,000 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of that payment.

SECTION 56. Said item 1595-1068 of said section 2E of said chapter 165 is hereby further amended by striking out the figure “$412,000,000” and inserting in place thereof the following figure:- $639,500,000.

SECTION 57.  Section 239 of said chapter 165 is hereby amended by striking out the words “September 30” and inserting in place thereof the following words:- December 1.

SECTION 58. Section 272 of said chapter 165 is hereby amended by striking out the words “December 31, 2014” and inserting in place thereof the following words:- June 30, 2015.

SECTION 59. Section 4 of chapter 188 of the acts of 2014 is hereby amended by striking out the figure “4000-0890” and inserting in place thereof the following figure:- 4000-0885.

SECTION 60.  Section 1 of chapter 234 of the acts of 2014 is hereby amended by striking out, in each instance, the words “28 CFR 20.33 and”.

SECTION 61. Chapter 236 of the acts of 2014 is hereby amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. Chapter 13 of the General Laws is hereby amended by striking out section 32 and inserting in place thereof the following section:-

Section 32. The state examiners of electricians, hereinafter, called the board, shall consist of the state fire marshal, the office of private occupational school education in the division of professional licensure, ex officiis, and 9 persons to be appointed for terms of 3 years each by the governor. One of said appointees shall be a representative of the public, subject to section 9B and 1 shall be a local wiring inspector who is an electrician licensed under chapter 141. One of the appointees shall be a vocational-technical electrical educator or administrator, who shall be selected from a group of 3 nominees, to be nominated by the Massachusetts Association of Vocational Administrators. Six of said appointees shall be citizens of the commonwealth: 1 shall be a master electrician who holds a certificate A license issued under said chapter 141 and has at least 10 years’ experience as an employing master electrician; 1 shall be a master electrician who holds certificate A and certificate B licenses issued under said chapter 141, is actively engaged in such business and has at least 10 years’ experience as an employing master electrician; 1 shall be a journeyman electrician who holds a certificate B license issued under said chapter 141, is a wage earner and has at least 10 years’ practical experience in the installation of wires and appliances for carrying electricity for light, heat or power purposes; 1 shall be a systems contractor who holds a certificate C license issued under said chapter 141, is actively engaged in the business of fire warning and security systems as a principal business and has at least 10 years’ experience as an employing systems contractor; 1 shall be a systems technician who holds a certificate D license issued under said chapter 141, is a wage earner and has at least 10 years’ practical experience in the installation, repair and maintenance of systems; and 1 shall be a representative of the New England Section of the International Municipal Signal Association who holds at least a level I competency certificate from said association, is a municipal employee and has at least 10 years’ practical experience in the installation, repair and maintenance of fire warning or signaling systems. The state fire marshal shall be chairman. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

SECTION 62. Section 34 of chapter 286 of the acts of 2014 is hereby amended by striking out the figure “1100-2510” and inserting in place thereof the following figure:- 6720-1350.

SECTION 63. Notwithstanding any general or special law to the contrary, the department of housing and community development may provide not more than $20,000,000 to eligible entities that administer the federal Low Income Home Energy Assistance Program, described in item 7004-2033 of section 2D of chapter 165 of the acts of 2014, to allow such eligible entities to begin start-up operations of the program and to provide advanced funding, not later than 30 days after the start of the fiscal year; provided, however, that the department and such eligible entities may expend a portion of these funds for approved administrative costs consistent with the current or prior year’s state plan submitted by the department under the federal program; provided further, that the department and such eligible entities may, after November 1, 2014, expend a portion of these funds in accordance with the state plan; provided further, that funds expended for this purpose shall be transferred from the General Fund; and provided further, that such advanced funding shall be subject to the federal reimbursement of funds under said item 7004-2033 of said section 2D of said chapter 165.

SECTION 64. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0875, 4000-0880, 4000-0890, 4000-0940, 4000-0950, 4000-0990, 4000-1400, 4000-1405 and 4000-1420 of section 2 of chapter 38 of the acts of 2013 to reduce any deficiency in these items; provided, however, that the transfer shall be made not later than November 1, 2014.

SECTION 65. Notwithstanding any general or special law to the contrary, any unexpended balances, not exceeding a total of $20,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 38 of the acts of 2013, shall not revert to the General Fund until November 1, 2014 and may be expended by the executive office of health and human services to pay for services enumerated in said items 4000-0600 and 4000-0700 of said section 2 of said chapter 38 provided during fiscal year 2014.

SECTION 66.  Not less than $5,468,000 shall be expended in fiscal year 2015 from the Community First Trust Fund established in section 35AAA of chapter 10 of the General Laws to expand access to services under items 5920-2025, 5920-3000, 5911-2000, 5911-1003, and 5920-3010 of section 2, as required by chapter 226 of the acts of 2014.

SECTION 67.  Notwithstanding any general or special law or collective agreement provision to the contrary, the salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(1)between the commonwealth and National Association of Government Employees, Units 1, 3 and 6;

(2)between the commonwealth and American Federation of State, County and Municipal Employees, Unit 2;

(3)between the Plymouth sheriff and the Association of County Employees;

(4)between the Barnstable sheriff and the American Federation of State, County and Municipal Employees, Local 1462C, AFL-CIO Council 93, Unit S2B;

(5)between the Middlesex sheriff and the Middlesex Sheriff’s Superior Officers Association, Unit SM4;

(6)between the Worcester sheriff and the New England Police Benevolent Association, Local 275, Unit SW2;

(7)between the trial court and the National Association of Government Employees/Service Employees International Union Local 5000, Units J2C and J2P;

(8)between the Barnstable sheriff and the National Association of Government Employees, Local 220, Unit S5B;

(9)between the Barnstable sheriff and the Barnstable County Correctional Officers Union, Unit S1B;

(10)between the Barnstable sheriff and the National Correctional Employees Union Local 119, Unit S4B;

(11)between the Barnstable sheriff and the National Association of Government Employees – International Brotherhood of Correctional Officers, Local 217 Public Safety, Groups A,B, C, Unit S3B;

(12)between the Berkshire sheriff and the Berkshire County Sheriff’s Office Employees Association, Unit SB3;

(13)between the Berkshire sheriff’s Office Communication Center and the I.U.E.-C.W.A, Unit SB2;

(14)between the Essex sheriff and the International Brotherhood of Corrections Officers, Local R1-71, Unit SE9;

(15)between the Berkshire sheriff and the International Brotherhood of Corrections Officers Local R1-297, Unit SB1;

(16)between the Hampshire sheriff and the National Correctional Employees Union, Unit SH9;

(17)between the Hampshire sheriff and the Hampshire Sherriff’s Office Non-Uniform Correctional Association, Unit SH7;

(18)between the Hampshire sheriff and the Hampshire Sherriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH8;

(19)between the Hampshire sheriff and the Hampshire Sherriff’s Office Jail and Hampshire Sheriff’s Office Treatment Association, Unit SH6;

(20)between the Norfolk sheriff and the National Association of Government Employees /Service Employees International Union R1-202, Unit SN1;

(21)between the Plymouth sheriff and the National Correctional Employees Union, Unit SP7;

(22)between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Bureau of Criminal Investigation Officers Unit, Unit SP3;

(23)between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Communication Officers Unit, Unit SP5;

(24)between the Plymouth sheriff and the National Correctional Employees Union, Unit SP1;

(25)between the Suffolk sheriff and the National Association of Government Employees, Local 298, Unit SS2;

(26)between the Suffolk sheriff and the Jail Officers and Employees Association of Suffolk County, Unit SS4;

(27)between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 419, Unit SS0;

(28)between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 3643, Unit SS5;

(29)between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 3967, Unit SS6;

(30)between the Suffolk sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local RN, Unit SS3;

(31)between the Hampden sheriff and the National Correctional Employees Union, Unit SH4;

(32)between the Hampden sheriff and the Hampden County Superior Correctional Officer Association, Unit SH3;

(33)between the Hampden sheriff and the Non-Uniformed Correctional Association, Unit SH2;

(34)between the Franklin sheriff and the National Correctional Employees Union, Unit SF1;

(35)between the Franklin sheriff and the Local R1-045, International Brotherhood of Corrections Officers , Unit SF3;

(36)between the trial court and the OPEIU Local 6, Units J6C and J6P;

(37)between the Worcester sheriff and the United Auto Workers (UAW), Local 422, Unit SW5;

(38)between the Bristol sheriff and the Bristol Superior Officers, National Correctional Employees Union, Unit SA3;

(39)between the Bristol sheriff and the Massachusetts Correctional Officers Federated Union, Unit SA4;

(40)between the commonwealth and the Service Employees International Union, Local 509, Units 8 & 10;

(41)between the Worcester Sheriff and the National Association of Government Employees, Local 255, Unit SW4;

(42)between the Massachusetts Department of Transportation and DOT Unit A - clerical and administrative workers, unit D01, National Association of Government Employees;

(43)between the Massachusetts Department of Transportation and DOT Unit C - Skilled Trades and Crafts, Units D02, National Association of Government Employees, IBEW Local 103, Teamsters Local 127, and Teamsters Local 25;

(44)between the Massachusetts Department of Transportation and DOT Unit D – Professional Admin, Units D06, National Association of Government Employees, IBEW Local 103, Teamsters Local 127, Clerical, Audit, and Support Employees, and USW Local 596;

(45)between the Massachusetts Department of Transportation and DOT Unit E –Engineers and Scientists, Unit D09 including Massachusetts Organization of State Engineers and Scientists and USW Local 596;

(46)between the commonwealth and Massachusetts Organization of State Engineers and Scientists, Unit 9;

(47)between the Berkshire Middle, North, and South Registry of Deeds and the Service Employees International Union, Local 888;

(48)between the Essex North and South Registry of Deeds and The American Federation of  State, County, and Municipal Employees, Local 653;

(49)between the Middlesex South Registry of Deeds and The American Federation of  State, County, and Municipal Employees, Local 414;

(50)between the Suffolk Registry of Deeds and the Service Employees International Union, Local 888;

(51)between the Worcester North Registry of Deeds and the Service Employees International Union, Local 888;

(52)between the Middlesex North Registry or Deeds and OPEIU, Local 6;

(53)between the Hampden Registry of Deeds and OPEIU, Local 6;

(54)between the Middlesex South Registry of Deeds and OPEIU, Local 6;

(55)between the Norfolk Sheriff and the County Correctional Officers Association, Local 296, Unit SN3;

(56)between the Norfolk Sheriff and County Correctional Officers Association, Local 295, Unit SN2;

(57)between the Bristol Sheriff and the National Correctional Employees Union, Unit SA7;

(58)between the Franklin Sheriff and the FCSO non-unit Association, Unit SF2;

(59)between the Middlesex Sheriff and the New England Police Benevolent Association, Local 500, Unit SM5;

(60)between the Middlesex Sheriff and the National Correctional Employees Union, Local 116, Civil Process Unit;

(61)between the Bristol Sheriff and the National Association of Government Employees, Units A & C;

(62)between the University of Massachusetts and the Massachusetts Society of Professors Lowell, MTA/NEA, Unit L90;

(63)between the University of Massachusetts and the Service Employees International Union, Local 888, Unit L95;

(64)between the University of Massachusetts and the International Brotherhood of Police Office, Local 339, Unit D84;

(65)between the University of Massachusetts and the  American Federation of  State, County, and Municipal Employees, Local 507, Unit D82;

(66)between the Board of Higher Education and the Massachusetts State College Association/MTA/NEA;

(67)between the Board of Higher Education and the Association of Professional Administrators, MTA/NEA;

(68)between the Board of Higher Education and the American Federation of State and County and Municipal Employees, Local 1067/Council 93; and

(69)between the Massachusetts State Lottery Commission and the Service Employees International Union, Local 888.

(70) between the Essex County Sheriffs and the National Corrections Employees Union, Local               121.

SECTION 68.  (a) Notwithstanding any general or special law to the contrary, the trustees of the Worcester City Campus Corporation are authorized to convey by quitclaim deed to the Massachusetts Department of Transportation, fee  title in and to all or a portion of a parcel of land located off Plantation Parkway in the City of Worcester, Massachusetts, and shown as Parcel 2A on a plan entitled “Subdivision Plan of Land,” prepared by Vanasse Hangen Brustlin, Inc., dated  July 17, 2014, which plan shall be duly recorded with the Worcester District Registry of Deeds.

(b) The deed conveying the parcel in subsection (a) shall transfer said parcel to the department for highway purposes, and for all purposes consistent with the provisions of chapter 6C of the General Laws.

(c) The consideration for said conveyance shall be the conveyance by said department by quitclaim deed to the Worcester City Campus Corporation, that parcel of land on the northerly side of Belmont Street, known as and numbered 403 Belmont Street in said Worcester,  which currently serves as the District 3 headquarters, comprising approximately 6.625 acres and shown as Parcel 66-M-1 on a plan of land entitled “Massachusetts Department of Transportation Plan of Land in the City of Worcester, Worcester County, Showing Location of Maintenance Area”, prepared by Vanesse Hangen Brustlin, Inc., dated October 23, 2013, and recorded with the Worcester District Registry of Deeds in Plan Book 904, Plan 10. 

(d) The conveyance described in subsection (c) shall occur only after the conveyance in subsection (a) has occurred and said conveyances shall also occur prior to the construction of a new District 3 headquarters by the department of transportation.

SECTION 69.  (a) Notwithstanding sections 32 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in this section called the commissioner, may sell or otherwise grant, convey or transfer those certain parcels of land located at 10 Park Plaza in the city of Boston, together with the buildings and structures on those parcels, known as the “transportation building”, and may assign all interests of the commonwealth under a master lease and garage operating agreement with Theatre District Limited Partnership, as amended, occupancy agreements and licenses at the transportation building, to the Massachusetts Department of Transportation, in this section called the department.  The exact boundaries of the transportation building shall be determined by the commissioner.  No monetary consideration shall be required for the conveyance and assignments authorized by this act except as provided in this section.  The state conveyance and assignments shall be without warranties or representations by the commonwealth.

(b) The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across the transportation building and across other commonwealth property contiguous to the transportation building, and may accept from the department such rights of way or easements in roadways or across the transportation building for access, egress, drainage and utilities as the commissioner considers necessary or appropriate to carry out this section.

(c) Notwithstanding any general or special law to the contrary, the department shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the transactions authorized by this section as such costs may be determined by the commissioner. 

SECTION 70. (a) Any municipal lighting plant board that established an Other Post-Employment Benefits Liability Trust Fund under section 20 of chapter 32B of the General Laws before the effective date of this section shall continue it under the terms originally established, unless it elects to merge it with any Other Post-Employment Benefits Liability Trust Fund established by the municipality.

(b) Any city, town, district or county that established an Other Post-Employment Benefits Liability Trust Fund under section 20 of chapter 32B of the General Laws before the effective date of this act shall continue it under the terms originally established unless it reaccepts section 20 of chapter 32B after the effective date of this act.

SECTION 71. Sections 15 and 16 shall take effect as of August 13, 2014.

SECTION 72. Section 3 shall take effect as of September 11, 2014.