Amendment #1 to H.4592

FILED ON: 7/3/2018

HOUSE . . . . . . . . . . . . . . . No. 4702

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to economic development in the commonwealth.

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

SECTION 1. To provide for a program of economic development and job creation, the sums set forth in sections 2A and 2B, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds; provided, however, that the amounts specified in an item or for a particular project may be adjusted in order to facilitate projects authorized in this act. These sums shall be in addition to any amounts previously authorized and made available for these purposes.

SECTION 2A.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary

6720-1351.For a grant program to coastal communities to be administered by the Seaport Economic Council; provided that funding shall be used for community planning and investment activities that stimulate economic development and create jobs in the maritime economy sector, and to construct, improve, repair, maintain and protect coastal assets that are vital to achieving these aims; provided further, that that the planning, prioritization, selection and implementation of projects shall consider climate change impacts in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided that $5,000,000 shall be expended for the Harbor Development Commission in the City of New Bedford for the construction of a Fisheries Innovation Center …..................................……………………………….$55,000,000

7002-1501. For grants administered by Massachusetts Technology Development Corporation established by section 2 of chapter 40G of the General Laws, and doing business as MassVentures; provided such grants shall be made on a competitive basis to growing Massachusetts-based companies commercializing technologies developed with assistance of a Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR) grant from a federal agency such as, but not limited to, the Department of Defense, the Department of Energy, or the National Science Foundation……………………… $12,500,000

7002-8006. For the MassWorks infrastructure program established by section 63 of chapter 23A of the General Laws…………………………………………………..$300,000,000

7002-8007. For matching grants to enable institutions of higher education, including state and municipal colleges and universities, to participate in and receive federal funding through Manufacturing USA, formerly known as the National Network for Manufacturing Innovation………………………………………………………………………….. $25,000,000

7002-8019. For the Massachusetts Growth Capital Corporation established pursuant to section 2 of chapter 40W of the General Laws, for a program to provide matching grants to community development financial institutions certified by the United States Treasury or community development corporations certified under chapter 40H of the General Laws to enable them to leverage federal or private investments for the purpose of making loans to small businesses………………………………………………………………………….. $1,250,000

7002-8022. For the Massachusetts Cybersecurity Innovation Fund established in section 4H of chapter 40J of the General Laws; provided that $500,000 shall be expended for the facilitation and support of the Massachusetts-Israel Economic Connection operated by the New England Israel Business Council to pursue economic collaboration between Israel and Massachusetts, including, but not limited to, the field of cybersecurity………………..$3,000,000

7002-8023.For grants to coastal communities to undertake dredging projects that will promote job creation, increase commercial activity, contribute to downtown revitalization, or advance other local economic development goals; provided that all grants shall be matched on a 1:1 basis by the grantee ……………………………………………....$50,000,000

7002-XXXX.For grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair and other improvements to publicly-owned infrastructure, or those owned or operated by nonprofit organizations; provided that $3,500,000 shall be expended for construction of Riverside Drive with accompanying infrastructure as a public way within the Ludlow Mills complex in the town of Ludlow; provided further, that $1,000,000 shall be expended for construction, renovations, and infrastructure improvements for the Italian Home for Children campuses located in the Jamaica Plain district of the city of Boston and in the East Freetown section of the town of Freetown; provided further, that $2,500,000 shall be expended for the Boston 4 Celebrations Foundation Inc. for the Boston Pops July fourth fireworks spectacular at the Edward A. Hatch Memorial Shell in the city of Boston; and provided further that not less than $2,000,000 shall be expended for the Springfield Science Museum for a comprehensive upgrade including a planetarium dome, upgrading interactive exhibits, installation of multi-sensory and immersive environments to complement the historic dioramas, an animatronic dinosaur and new educational learning centers.........$9,000,000

SECTION 2B.

EXECUTIVE OFFICE OF EDUCATION

Office of the Secretary

7009-2005. For a competitive grant program to be administered by the executive office of education, in consultation with the executive office of housing and economic development and the executive office of labor and workforce development, to provide funding for the purchase and installation of equipment and any related improvements and renovations to facilities necessary for the installation and use of such equipment, in order to establish, upgrade and expand career technical education and training programs that are aligned to regional economic and workforce development priorities; provided, that grant applications may facilitate collaboration to provide students enrolled in eligible vocational technical schools with postsecondary opportunities consistent with clause (o) of the first paragraph of section 22 of chapter 15A of the General Laws and section 37A of chapter 74 of the General Laws; provided further, that community colleges, and innovation centers that receive funds from the Massachusetts Life Sciences Center shall also be eligible for funds from this program; provided further, that the executive office of education, in consultation with the executive office of housing and economic development and the executive office of labor and workforce development, shall adopt additional guidelines as necessary for the administration of the program; and provided further, that awards may be made to community-based organizations with recognized success in training adults with barriers to employment………………. $75,000,000

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Office of the Secretary

6720-1341. For mitigation of or contribution toward any costs associated with or arising out of design, construction or infrastructure improvements to the Raymond L. Flynn Cruiseport in the South Boston section of the city of Boston to accommodate large cruise ships and increasing passenger demand, for the continued competitiveness of the terminal; provided, that the secretary, in coordination with the chief executive officer of the Massachusetts Port Authority, shall seek to maximize federal and private funds and reimbursement to offset, to the extent feasible, costs incurred under this item………………………………………$100,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary.

0640-0302. For the Massachusetts Cultural Facilities Fund established in section 42 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, rehabilitation or other capital improvement or deferred maintenance to a cultural facility to advance and promote tourism through the preservation of the state’s cultural resources.........................................................................................…………………...$60,000,000

SECTION 3. Section 16 of chapter 6D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (c).

SECTION 4. Section 88 of chapter 13 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the figure “13” and inserting in place thereof the following figure:-“11”.

SECTION 5. Section 89 of said chapter 13 of the General Laws is hereby further amended by—

(a) striking out, in line 4, the figure “10” and inserting in place thereof the following figure:- “8”; and

(b) striking out, in lines 8 through 10, the words:- “, 2 of whom shall be behavior analysts who meet the qualifications in the last 2 paragraphs of section 165 of chapter 112”.

SECTION 6. Said chapter 13 is further amended by adding the following sections:-

“Section 109. (a) There shall be within the division of professional licensure a board of registration of applied behavior analysts. The board shall consist of 9 members who shall be residents of the commonwealth and who shall be appointed by the governor for terms of 3 years. Five members of the board shall be applied behavior analysts licensed under sections 266 to 280, inclusive, of chapter 112 who shall have been actively engaged in the practice of applied behavior analysis for the 5 years preceding their appointments, 2 members shall be assistant applied behavior analysts licensed under said sections 266 to 280, inclusive, of said chapter 112 who shall have been actively engaged in the practice as an assistant in applied behavior analysis for the 5 years preceding their appointments and 2 members shall be selected from and shall represent the public.

(b) Each member of the board shall hold office until a successor has been appointed and qualified. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member shall serve more than 2 full consecutive terms. A member appointed for less than a full term may serve 2 full terms in addition to that part of a full term.

(c) The governor may remove a member of the board for cause, but no board member shall be removed without first being informed in writing at least 30 days in advance of the reasons for such removal and of the member’s right to a public or private hearing and to have counsel present at the hearing.

Section 110. At its first meeting and annually thereafter, the board of registration of applied behavior analysts shall organize by electing from among its members, by majority vote, a chair, a vice chair and a secretary. Such officers shall serve until their successors are elected and qualified. The board shall hold at least 2 meetings annually and may hold additional meetings upon the call of the chair or the secretary or at the written request of any 3 members of the board. A majority of the board shall constitute a quorum. The members of the board shall serve without compensation but shall be reimbursed for actual expenses reasonably incurred in the performance of their board duties. The board may hire such staff as it deems necessary to carry out its activities.

Section 111. (a) The board of registration of applied behavior analysts may (1) pass upon the qualifications of an application for a license under sections 266 to 280, inclusive, of chapter 112 and shall issue a license to an applicant who is determined to be qualified to practice as a licensed applied behavior analyst or licensed assistant applied behavior analyst; (2) adopt rules and regulations governing the licensure of applied behavior analysts and assistant behavior analysts; (3) establish eligibility and renewal requirements; (4) establish specifications for the licensing examination that are consistent and fair; (5) define, by regulation, the appropriate standards for education and experience necessary to qualify for licensing including, but not limited to, continuing professional education requirements for licensed applied behavior analysts and assistant behavior analysts; (6) define, by regulation, the appropriate standards for conduct and ethics which shall govern the practice of applied behavior analysis; (7) receive, review and approve or disapprove an application for a reciprocal license for an applicant who is licensed or certified as an applied behavior analyst in another state and who has demonstrated qualifications which equal or exceed those required under sections 266 to 280, inclusive, of chapter 112; (8) adopt rules and regulations necessary to regulate and inspect the business associations of its licensees and, in its discretion, require licensure of business associations not regulated or licensed by the department of public health; (9) fine, censure, revoke, suspend or deny a license and place on probation, reprimand or otherwise discipline a licensee for a violation of the code of ethics or the rules and regulations of the board under said sections 266 to 270, inclusive, of said chapter 112; (10) summarily suspend the license of a licensee who poses an imminent danger to the public; provided, however, that a hearing shall be afforded to the licensee within 10 days after any such action by the board to determine whether such summary action is warranted; and (11) perform any other functions and duties as may be required to carry out this section.

(b) The board shall make available to the public a list of licensed applied behavior analysts and licensed assistant applied behavior analysts.

(c) The members of the board, its officers and employees shall be indemnified by the commonwealth for all actions taken as part of their responsibilities described in this chapter.”.

SECTION 7. Subsection (b) of section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “expansion of an existing facility” the following definition:-

“Extraordinary economic development opportunity”, a proposed project that is jointly designated by the secretary of the executive office of housing and economic development and the secretary of the executive office for administration and finance as an extraordinary economic development opportunity as provided in subsection (e) of section 3C.

SECTION 8. Section 3C of said chapter 23A, as so appearing, is hereby amended by adding the following 2 subsections:-

(d) Notwithstanding the requirements of subsections (b) and (c), the EACC may by guidelines or regulations establish a program to incent businesses to occupy vacant storefronts in downtown areas. The EACC may award EDIP tax credits to storefront tenants on a competitive basis taking into account factors such as the number of jobs to be created; the volume of pedestrian traffic to be generated; potential synergy with other downtown businesses; whether there is a matching contribution from the municipality or the landlord; commitment to storefront improvements; and whether the municipality has made local plans or investments to revitalize the downtown. Certification of such projects shall require that a business commit to occupy the vacant storefront for a period of not less than 1 year, but shall not require the business to invest in improvements or to create new jobs. The EACC shall not award more than $500,000 in EDIP tax credits in a calendar year to projects certified pursuant to this subsection.

(e) The secretary of the executive office of housing and economic development and the secretary of the executive office for administration and finance may from time to time jointly designate a proposed project as an extraordinary economic development opportunity if the secretaries jointly determine that the proposed project involves the construction or substantial rehabilitation of a new facility or expansion of an existing facility within the commonwealth that is not a replacement of an existing facility in the commonwealth, or involves the relocation of an existing business to the commonwealth from a facility located outside of the commonwealth, and the proposed project meets at least 1 of the following additional criteria:

(1)The proposed project, if approved and constructed, will create at least 400 new jobs.

(2) The proposed project, if approved and constructed, will result in the creation of at least 200 new jobs in a gateway municipality or in an adjacent city or town that is accessible by public transportation to residents of a gateway municipality.

The decision by the secretaries to designate or not to designate a proposed project as an extraordinary economic development opportunity shall be a decision that is within the sole discretion of each of the secretaries, and may include such conditions as the secretaries shall in their discretion impose. Such decisions shall be final and shall not be subject to administrative appeal or judicial review under chapter 30A or give rise to any other cause of action or legal or equitable claim or remedy.

SECTION 9. Subsection (b) of said section 3D of said chapter 23A, as so appearing, is hereby further amended by adding the following sentence:-

“Refundable credits awarded to a certified project that has been designated as an extraordinary economic development opportunity shall not be counted against the cap set forth in this subsection.”.

SECTION 10. Subsection (c) of said section 3D of said chapter 23A, as so appearing, is hereby amended by inserting after the first sentence the following sentence:-

“Notwithstanding the cap set forth in the preceding sentence, the EACC may authorize credits in excess of the annual cap of $30,000,000 for a certified project that is designated as an extraordinary economic development opportunity; provided that the total amount awarded shall not exceed $50,000,000 in a calendar year.”.

SECTION 11. Said chapter 23A is hereby amended by striking out section 10B, as so appearing, and inserting in place thereof the following section:-

“Section 10B. The secretary of housing and economic development shall establish a Massachusetts advanced manufacturing collaborative, hereinafter referred to as the collaborative, within the executive office of housing and economic development, which shall be responsible for advising and assisting on the development, implementation and periodic update of a plan to foster and strengthen the conditions necessary for growth and innovation of manufacturing within the commonwealth. The collaborative shall include, but not be limited to: the secretary of housing and economic development, or a designee, who will serve as chair; the secretary of labor and workforce development, or a designee; 1 person who shall be appointed by the speaker of the house of representatives; 1 person who shall be appointed by the president of the senate; the director of the office of business development; the executive director of the Massachusetts clean energy center; the executive director of the Massachusetts Life Sciences Center; the executive director of the John Adams Innovation Institute; the director of the Massachusetts Technology Transfer Center; the executive director of the Massachusetts manufacturing extension partnership; a representative from the Associated Industries of Massachusetts; a representative from the Massachusetts Workforce Board Association; a representative from the Massachusetts Development Finance Agency; a representative from the Massachusetts Technology Park Corporation; a representative from a local chamber of commerce appointed by the governor; and 8 members appointed by the governor to represent the commonwealth’s large manufacturers, small-to-medium sized enterprises, incubators, innovation centers and federally-funded research and development centers. The collaborative shall consult with stakeholders in the public and private sector in the development and implementation of the commonwealth's manufacturing plan, identify emerging priorities within the commonwealth's manufacturing sector in order to make recommendations for high impact projects and initiatives, and facilitate the implementation of goals established under the plan. Provided further, the collaborative shall develop a statewide certification process for the advanced manufacturing industry with the goal of establishing uniform industry workforce standards across the commonwealth. The collaborative may establish working groups that aid in the development and implementation of the plan.”.

SECTION 12. Subsection (b) of section 2RR of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after paragraph (2) the following paragraph:-

“(3) To supplement the training of unemployed and underemployed workers as provided for in section 2WWW by providing grants for pipeline training for unemployed persons by an employer with a job vacancy, an employer association, local workforce investment board, labor organization, community-based organization, including an adult basic education provider, institution of higher education, vocational education institution, one-stop career center, local workforce development entity, or a nonprofit education, training or other service provider; provided, however, that the director shall not allocate more than 5 per cent of the annual capitalization of the fund to provide for such grants. In determining grant recipients, the director shall contract with the Commonwealth Corporation to distribute the grants in a need-based, competitive process in accordance with the rules and parameters outlined in section 2WWW. The grants shall be performance based and 50 per cent funded upon enrollment in the program, with the balance to be paid contingent upon job placement and retention outcomes that demonstrate placement of a participant in a training-related position requiring not less than 30 hours per week for not less than 2 months. To further support pipeline training and to match the substantial contributions made from employers to the fund, the commonwealth shall match, subject to appropriation, money used for grants pursuant to this paragraph.”.

SECTION 13. Chapter 40J of the General Laws is hereby amended by inserting after section 4G the following section:-

“Section 4H. (a) In order to grow the cybersecurity industry cluster in the commonwealth and protect against cybersecurity threats, there is hereby established and set up on the books of the corporation the Massachusetts Cybersecurity Innovation Fund, hereinafter referred to as the fund, to which shall be credited the proceeds of any bonds or notes of the commonwealth issued for the purpose, and any appropriations designated by the general court to be credited thereto. The fund shall be administered by the corporation. The corporation shall hold the fund in an account or accounts separate from other funds of the corporation. The purpose of the fund shall be to (1) support facilities, hardware and software used to develop or test cybersecurity solutions and enable the growth of innovative ideas to address cybersecurity threats; (2) accelerate the growth of the cybersecurity cluster and related clusters; (3) expand employment opportunities and address talent pipeline needs in the cybersecurity industry and related industries for the residents of the commonwealth, including, but not limited to, women, minorities, veterans, and unemployed and underemployed individuals, through workforce training; (4) match public and private universities with industry participants to develop cybersecurity technology and expand other relevant capabilities; and (5) promote the development and implementation of educational programs within the commonwealth’s public schools, kindergarten to grade 12, inclusive, and public institutions of higher education through collaboration with Massachusetts Computing Attainment Network.”.

SECTION 14. Chapter 40M of the General Laws is hereby amended by adding the following section:-

“Section 18. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to groups governed by this chapter.”.

SECTION 15. Paragraph (a) of part B of section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subparagraph (10) and inserting in place thereof the following subparagraph:-

“(10) An amount equal to ten per cent of the cost of renovating any abandoned building that is part of a certified project as defined in section 3A of chapter 23A.”.

SECTION 16. Paragraph (1) of subsection (g) of section 6 of said chapter 62, as so appearing, is hereby amended by inserting after the word “contract,” in line 149, the following words:- “, “extraordinary economic development opportunity”.

SECTION 17. Paragraph (3) of said subsection (g) of said section 6 of said chapter 62, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- “Notwithstanding the cap set forth in this paragraph, the EACC may authorize an additional $20,000,000 in EDIP tax credits to any project designated as an extraordinary economic development opportunity in accordance with subsection (e) of section 3C of chapter 23A; provided that if such designation and authorization occurs, the total amount of EDIP tax credits awarded by the EACC pursuant to this subsection and section 38N of chapter 63 shall not exceed $50,000,000 in a calendar year.”.

SECTION 18. Paragraph (5) of subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 905 and lines 911, the figures: “$5,000,000” and inserting in place thereof the following figure:- “$20,000,000”.

SECTION 19. Said section 6 of said chapter 62, as so appearing, is hereby amended by adding the following subsection:-

“(u)(1) An employer that is not a business corporation subject to the excise under chapter 63, shall be allowed a credit equal to $4,800 or 50 per cent of the wages paid to each qualified apprentice in a taxable year, whichever is less, against the tax liability imposed by this chapter. If a credit allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refundable to the taxpayer. In order to qualify, the apprentice must meet the definition of apprentice in section 11H of chapter 23 and must be hired and trained in one of the following occupations, as defined by the Bureau of Labor Statistics: computer occupations, as defined by Standard Occupational Codes 15-1200; healthcare technologists and technicians, as defined by Standard Occupational Codes 29-2000; healthcare practitioner support technologists and technicians, as defined by Standard Occupational Codes 29-2050; healthcare support occupations, as defined by Standard Occupational Codes 310000; or production occupations employed in the manufacturing industry, as defined by Standard Occupational Codes 51-000, NAICS code 31-33.

(2) To be eligible for a credit under this subsection, (i) the primary place of employment of the apprentice must be in the commonwealth; (ii) the business must be registered with the division of apprentice standards as an apprenticeship program sponsor and have an apprentice agreement, as defined in section 11H of chapter 23, with each apprentice for whom the credit is claimed; and (iii) the apprentice must have been employed as an apprentice by the business for at least 180 calendar days in the taxable year in which the credit is claimed.

(3) An employer that is eligible for and claims the credit allowed under this subsection in a taxable year with respect to a qualified apprentice shall be eligible for a credit in the subsequent taxable year with respect to such qualified apprentice, subject to certification by the division of apprentice standards of continued employment as an apprentice during the subsequent taxable year in the manner required by the commissioner. Any credit allowed under this subsection shall not be transferable.

(4) The secretary of labor and workforce development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit; provided, however, that the regulations shall include a maximum number of qualified apprentices for which a taxpayer may claim the credit in a year.

(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection, and shall be allowed as a credit against the tax due under this chapter of such owners, partners or members, in a manner determined by the commissioner.

(6) The secretaries of labor and workforce development and administration and finance, acting jointly and in writing shall authorize tax credits pursuant to this subsection and section 38GG of chapter 63. The total amount of credits that may be authorized in a calendar year pursuant to this subsection and said section 38GG of chapter 63 shall not exceed $2,500,000. No credits shall be allowed under this section except to the extent in this subsection. The commissioner, after consulting with the secretaries, on the criteria set forth in paragraphs (1) and (2) of this subsection, shall adopt regulations governing applications for and other administration of the tax credits. The secretaries and the division of apprentice standards shall provide the commissioner with the documentation that the commissioner deems necessary to confirm compliance with the annual cap.

(7) The commissioner, in consultation with the secretaries, shall annually, not later than March 1, file a report with 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 identifying the following-- (i) total amount of tax credits claimed pursuant to this subsection; (ii) the number of participating apprentices and relevant wage information; (iii) the number of applications received and the number of participating employers; (iv) the areas of occupation by qualifying tax credit beneficiaries; (v) program outcomes for apprentices, including job retention and further employment opportunities; and (vi) whether the tax credit program is achieving its public policy purpose to create talent pipelines for businesses and provide career pathways toward high demand occupations for unemployed and underemployed residents of the commonwealth.”.

SECTION 20. Chapter 62 of the General Laws is hereby amended by inserting after section 6N the following section:-

“Section 6O. (a) For purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“CDC” or “Community Development Corporation”, a corporation certified as a community development corporation by the department of housing and community development as consistent with chapter 40H of the General Laws.

“Certified construction”, the construction of a qualified water-dependent facility that has been approved and certified by the secretary, in consultation with the executive office of energy and environmental affairs, as being consistent with the standards established by the Designated Port Area for the purposes of this section.

“Qualified water-dependent facility”, any building or structure, located within the commonwealth, constructed for the exclusive use of water-dependent commercial or industrial activities, seafood processing, aquaculture, water-dependent science, research and innovation, or seafood storage, and uses accessory and directly supportive thereof including wholesale and retail uses, and which is located in a Designated Port Area as defined by section 25.02 of title 301 of the Code of Massachusetts Regulations.

“Qualified water-dependent facility expenditure”, any amount properly chargeable to a capital account in effect for the taxable year, incurred in connection with the certified water-dependent facility construction or rehabilitation in a Designated Port Area, but the term shall not include personal property, personal use property, or the cost of acquiring any building or interest thereon, up to and including costs of building materials and supplies, fixtures, equipment, design, engineering, permitting and labor costs, paid by the taxpayer.

“Secretary”, the secretary of housing and economic development.

“Taxpayer”, a person, firm, partnership, trust, estate, limited liability company, or other entity subject to the income tax imposed by the provisions of this chapter.

(b) Massachusetts Maritime Commercial Development tax credit. (1) The secretary shall authorize the tax credits under this section annually, beginning January 1, 2019, together with section 38HH of chapter 63, an amount not to exceed $10,000,000 per year. The secretary shall determine the criteria for eligibility for the credit, such criteria to be set forth in regulations promulgated under this section.

(2) Any single municipality shall not be eligible to receive a more than 50 per cent of the total amount of awarded credits in a given calendar year. This restriction may be waived by the secretary. Such a waiver must be made in writing and submitted with reasoning to the joint committee on economic development and emerging technologies, and the house and senate committees on ways and means.

(3) A taxpayer that incurs qualified water-dependent facility expenditures may be allowed a credit, to be computed as hereinafter provided, against the tax imposed by this chapter. The credit shall be equal to a percentage, not to exceed 50 per cent, of the qualified water-dependent facility expenditures made by the taxpayer with respect to a qualified water-dependent facility which has received final certification and has been placed in service as provided for in this section. The secretary shall administer and determine eligibility for the Massachusetts maritime commercial development tax credit and allocate the credit in accordance with this section; provided that the secretary may impose a fee for the processing of applications for the certification of any water-dependent facility under the provisions of this section.

(4) Community development corporations shall be eligible to receive this tax credit at a rate equal to that of any taxpayer under this section.

(5) The credit allowable under this section shall be allowed for the taxable year in which occupancy of the entire structure or some identifiable portion of the water-dependent facility property is permitted. A taxpayer allowed a credit under this section for a taxable year may carry over and apply to the tax imposed by this chapter in any of the succeeding 5 taxable years, the portion, as reduced from year to year, of those credits which exceed the tax for the taxable year.

(b) Maritime commercial development tax credits allowed to a partnership, a limited liability company taxed as a partnership or multiple owners of property shall be passed through to the persons designated as partners, members or owners, respectively, pro rata or pursuant to an executed agreement among the persons designated as partners, members or owners documenting an alternative distribution method without regard to their sharing of other tax or economic attributes of the entity.

(c) Taxpayers eligible for the Massachusetts maritime commercial development tax credit may, with prior notice to and in accordance with regulations adopted by the Secretary, transfer the credits, in whole or in part, to any individual or entity, and the transferee shall be entitled to apply the credits against the tax with the same effect as if the transferee had incurred the qualified rehabilitation expenditures itself. The transferee shall use the credit in the year it is transferred. If the credit allowable for any taxable year exceeds the transferee's tax liability for that tax year, the transferee may carry forward and apply in any subsequent taxable year the portion, as reduced from year to year, of those credits which exceed the tax for the taxable year; provided however, that the carryover period shall not exceed 5 taxable years after the close of the taxable year during which the qualified historic structure received final certification and was placed in service as provided for in this section.

(d) The secretary shall annually, not later than September 1 of each year, file a report with the house and senate committees on ways and means, the chairs of the joint committee on community development and small businesses, and the chairs of the joint committee on economic development and emerging technologies, identifying the total amount of tax credits claimed pursuant to this subsection and the total amount of tax credits transferred, sold, or assigned hereunder for the preceding fiscal year.

(e) If the certified water-dependent facility is disposed of or ceases to be exclusively used for water-dependent commercial or industrial activities before the end of the facility’s useful life, the recapture provisions of section 31A(e) of chapter 63 of the General Laws shall apply.”.

SECTION 21. Subsection (a) of section 38N of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word “contract,” in line 2, the following words:- “, “extraordinary economic development opportunity”.

SECTION 22. The first paragraph of subsection (c) of said section 38N of said chapter 63, as so appearing, is hereby amended by adding the following sentence:-

“Notwithstanding the cap set forth in this paragraph, the EACC may authorize an award of an additional $20,000,000 in EDIP tax credits to any project designated as an extraordinary economic development opportunity in accordance with subsection (e) of section 3C of chapter 23A; provided that that if such designation and authorization occurs, the total amount of EDIP tax credits awarded by the EACC pursuant to this section and subsection (g) of section 6 of chapter 62 shall not exceed $50,000,000 in a calendar year.”.

SECTION 23. Section 38O of said chapter 63, as so appearing, is hereby amended by striking out, in lines 4 to 5, the words “either located within an economic target area designated under section 3G of chapter 23A, or”.

SECTION 24. Subsection (5) of section 38BB of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in lines 60 and 66, the figures: “$10,000,000” and inserting in place thereof the following figure:- “$20,000,000”.

SECTION 25. Said chapter 63 is hereby amended by inserting after section 38FF the following section:-

“Section 38GG. (a) A business corporation engaged in business in the commonwealth shall be allowed a credit against its excise due under this chapter in an amount equal to $4,800 or 50 per cent of the wages paid to each qualified apprentice in a taxable year, whichever is less. If a credit allowed by this section exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refundable to the taxpayer. In order to qualify, the apprentice must meet the definition of apprentice in section 11H of chapter 23 and must be hired and trained in one of the following occupations, as defined by the Bureau of Labor Statistics: computer occupations, as defined by Standard Occupational Codes 15-1200; healthcare technologists and technicians, as defined by Standard Occupational Codes 29-2000; healthcare practitioner support technologists and technicians, as defined by Standard Occupational Codes 29-2050; healthcare support occupations, as defined by Standard Occupational Codes 310000; or production occupations if employed in the manufacturing industry, as defined by Standard Occupational Codes 51-000, NAICS code 31-33.

(b) To be eligible for a credit under this section (1) the primary place of employment of the apprentice must be in the commonwealth; (2) the business corporation must be registered with the division of apprentice standards as an apprenticeship program sponsor and have an apprentice agreement, as defined in section 11H of chapter 23, with each apprentice for whom the credit is claimed; and (3) the apprentice must have been employed by the business corporation as an apprentice for at least 180 calendar days in the taxable year in which the credit is claimed.

(c) A business corporation that is eligible for and claims the credit allowed under this section in a taxable year with respect to a qualified apprentice shall be eligible for a credit in the subsequent taxable year with respect to such qualified apprentice, subject to certification by the division of apprentice standards of continued employment as an apprentice during the subsequent taxable year in the manner required by the commissioner. Any credit allowed under this section shall not be transferable.

(d) The secretary of labor and workforce development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit; provided, however, that the regulations shall include a maximum number of qualified apprentices for which a taxpayer may claim the credit in a year.

(e) The secretaries of labor and workforce development and administration and finance, acting jointly and in writing shall authorize tax credits pursuant to this section and subsection (u) of section 6 of chapter 62. The total amount of credits that may be authorized in a calendar year pursuant to this section and said subsection (u) of section 6 of chapter 62 shall not exceed $2,500,000. No credits shall be allowed under this section except to the extent in this section. The commissioner, after consulting with the secretaries, on the criteria set forth in subsections (a) and (b) of this section, shall adopt regulations governing applications for and other administration of the tax credits. The secretaries and the division of apprentice standards shall provide the commissioner with the documentation that the commissioner deems necessary to confirm compliance with the annual cap.

(f) The commissioner, in consultation with the secretaries, shall annually, not later than March 1, file a report with 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 identifying the following-- (1) total amount of tax credits claimed pursuant to this subsection; (2) the number of participating apprentices and relevant wage information; (3) the number of applications received and the number of participating employers; (4) the areas of occupation by qualifying tax credit beneficiaries; (5) program outcomes for apprentices, including job retention and further employment opportunities; and (6) whether the tax credit program is achieving its public policy purpose to create talent pipelines for businesses and provide career pathways toward high demand occupations for unemployed and underemployed residents of the commonwealth.”.

SECTION 26. Chapter 63 of the General Laws is hereby amended by inserting after section 38GG the following section:-

“Section 38HH. (a) For purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Secretary”, the secretary of housing and economic development.

“Taxpayer”, a taxpayer subject to an excise under this chapter.

(b) Massachusetts Maritime Commercial Development tax credit. (1) The secretary shall authorize the tax credits under this section. The secretary shall authorize annually, beginning January 1, 2019, under this section, together with section 6O of chapter 62, an amount not to exceed $10,000,000 per year. The secretary shall determine the criteria for eligibility for the credit, such criteria to be set forth in regulations promulgated under this section.

(2) Any single municipality shall not be eligible to receive a more than 50 per cent of the total amount of awarded credits in a given calendar year. This restriction may be waived by the secretary. Such a waiver must be made in writing, and submits the decision with an adequate reasoning to the joint committee on economic development and emerging technologies, and the house and senate committees on ways and means.

(3) A taxpayer that incurs qualified water-dependent facility expenditures may be allowed a credit, to be computed as hereinafter provided, against the tax imposed by this chapter. The credit shall be equal to a percentage, not to exceed 50 percent, of the qualified water-dependent facility expenditures made by the taxpayer with respect to a qualified water-dependent facility which has received final certification and has been placed in service as provided for in this section. The secretary shall administer and determine eligibility for the Massachusetts maritime commercial development tax credit and allocate the credit in accordance with this section; provided however that the secretary may impose a fee for the processing of applications for the certification of any water-dependent facility under the provisions of this section.

(4) Community development corporations shall be eligible to receive this tax credit at a rate equal to that of any taxpayer under this section.

(5) The credit allowable under this section shall be allowed for the taxable year in which the water-dependent facility property is placed in service, that is, when occupancy of the entire structure or some identifiable portion of the structure is permitted. A taxpayer allowed a credit under this section for a taxable ear may carry over and apply to the tax imposed by this chapter in any of the succeeding 5 taxable years, the portion, as reduced from year to year, of those credits which exceed the tax for the taxable year.

SECTION 27. Section 3 of chapter 101 of the General Laws, as so appearing, is hereby amended by striking out the word “one”, in line 23, and inserting in place thereof the following figure:- “5”.

SECTION 28. Section 163 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out the eighteenth, nineteenth, and twentieth paragraphs.

SECTION 29. Said chapter 112 of the General Laws is hereby amended by adding the following 15 sections:-

“Section 266. As used in this section and sections 267 to 269, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Applied behavior analyst”, an individual who, by training, experience and examination meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis in the commonwealth.

"Assistant applied behavior analyst”, an individual who, by training, experience and examination meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis under the supervision of a licensed applied behavior analyst.

“Board”, the board of registration of applied behavior analysts.

“Recognized educational institution”, a degree-granting college or university which is accredited by a regional accreditation body recognized by the United States Department of Education.

“Scope of practice of applied behavior analysis”, the design, implementation and evaluation of systematic instructional and environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvements in human behavior, including the direct observation and measurement of behavior and the environment, the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, and the introduction of interventions based on scientific research and which utilize contextual factors, antecedent stimuli, positive reinforcement and other consequences to develop new behaviors, increase or decrease existing behaviors and elicit behaviors under specific environmental conditions that are delivered to individuals and groups of individuals; and provided further, that the scope of practice of applied behavior analysis shall not include psychological testing, neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations, hypnotherapy or academic teaching by college or university faculty.

Section 267. The board may issue a license to an applicant as an applied behavior analyst; provided, however, that each such applicant demonstrates to the board, the successful completion of (a) a doctoral degree from a recognized educational institution in which the doctoral program included a minimum of 60 graduate credit hours in courses directly related to the study of behavior analysis or a master’s degree from a recognized educational institution wherein the master’s program included a minimum of 30 graduate credit hours in courses directly related to the study of behavior analysis or for individuals with a recognized doctoral or masters degree in another field of human services, successful completion of a board approved certificate program in behavior analysis with an approved course sequence approved by the Board; (b) has successfully completed a practicum or supervised experience in the practice of behavior analysis that meets the standards established by the board; and (c) has successfully completed a board-approved examination related to the principles and independent practice of applied behavior analysis.

Section 268. The board may issue a license to an applicant as an assistant applied behavior analyst; provided, however, that each such applicant demonstrates to the board, the successful completion of (a) a bachelor’s degree from a recognized educational institution wherein a minimum of 45 credit hours specifically in behavior analysis or possesses a bachelor’s degree combined with successful completion of a board-approved course sequence or course work which otherwise meets professional standards, as determined by the board; (b) has successfully completed a practicum or supervised experience in the practice of behavior analysis that meets board established eligibility requirements; and (c) has successfully completed a board-approved examination related to the principles and practice of applied behavior analysis.

Section 269. Each person desiring to obtain a license as an applied behavior analyst or as an assistant applied behavior analyst shall make application to the board upon such form and in such manner as the board shall prescribe and shall furnish evidence satisfactory to the board that the person is of good moral character including, but not limited to, the fact that such applicant has not been convicted of a felony; provided, however, that for the purposes of this section, a conviction shall include a judgment, an admission of guilt or a plea of nolo contendere to any such felony charges or a conviction of an offense under the laws of another jurisdiction which, if committed in the commonwealth, would be a felony unless—

(a) at least 10 years have elapsed from the date of the conviction; and

(b) the applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction so that licensure of the applicant would not be expected to create a substantial risk of harm to the health and safety of the applicant’s clients or the public or a substantial risk of further criminal violations.

The board shall have access to criminal offender record information to review such felony or misdemeanor convictions as are necessary to carry out this section.

Section 270. Notwithstanding sections 267and 268, the board may issue a license without examination to an applicant who presents evidence that such applicant has been licensed or certified as an applied behavior analyst by a similar board of another jurisdiction the standards of which are at least the same as those required in the commonwealth.

Section 271. The board may grant a temporary license to practice applied behavior analysis for a period not to exceed 1 year to an applied behavior analyst with prior legal residence outside the commonwealth to practice; provided, however, that such applied behavior analyst shall register with the board and shall practice in consultation with or under the supervision of a licensed applied behavior analyst or possesses qualifications acceptable to the board.

Section 272. A license to practice applied behavior analysis or to practice as an assistant applied behavioral analyst shall be valid for 2 years and shall be renewed on or before the anniversary of the date of birth of the licensee next occurring more than 24 months after the date of issuance of the license and every 2 years thereafter. Under the renewal, the applicant shall attest to the completion of and, if requested, present to the board documented evidence of the completion of a minimum number of hours of continuing education programs as specified by the board and which are designed to improve the professional competence of the licensee. Such programs shall be completed during the licensed period immediately prior to renewal. Such continuing education programs shall meet the standards specified by the board. The board may provide for the late renewal of a license which has lapsed and may require the payment of a late fee.

Section 273. All fees required by sections 267 to 279, inclusive, shall be determined annually by the secretary of administration and finance under section 3B of chapter 7. All licensing and application fees and civil administrative penalties collected under said sections 265 to 277, inclusive, shall be deposited into the Division of Professional Licensure Trust Fund established in section 35V of chapter 10.

Section 274. Nothing in sections 266 to 279, inclusive, shall be construed to prevent qualified members of other professions or occupations including, but not limited to, physicians, psychologists, teachers, members of the clergy, authorized Christian Science practitioners, attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment counselors, speech pathologists, audiologists or rehabilitation counselors from practicing applied behavior analysis if it is consistent with the accepted standards of their respective professions; provided, however, that no such Christian Science practitioner, attorneys-at-law, social worker, guidance counselor, clinical counselor, adjustment counselor, speech pathologist, audiologist or rehabilitation counselor shall use any title or description stating or implying that such person is a licensed applied behavior analyst without holding said license.

Section 275. A person licensed under sections 266 to 272, inclusive, shall comply with the standards of ethical practice as adopted by the board.

Section 276. A person not licensed to practice applied behavior analysis who holds himself out to be an applied behavior analyst or who uses the title “applied behavior analyst” or engages in the practice of applied behavior analysis shall be subject to the penalties set forth in section 65A of chapter 112.

Section 277. The penalties in section 276 shall not apply to faculty or students of applied behavior analysis currently enrolled in a recognized educational institution which meets educational standards determined by the board or to interns or persons preparing for the practice of applied behavior analysis under qualified supervision in any such program; provided, that they are designated by such titles as “applied behavior analyst intern”, “applied behavior analyst trainee” or other title clearly indicating such training status.

Section 278. The board shall investigate all complaints relating to the proper practice of applied behavior analysis by a person licensed under sections 266 to 279, inclusive.

The board, after a hearing held under chapter 30A, may revoke, suspend or cancel the license, or reprimand, censure or otherwise discipline a licensed applied behavior analyst or licensed assistant applied behavior analyst upon proof satisfactory to a majority of the board that the applied behavior analyst or assistant applied behavior analyst—

(a) fraudulently procured the license;

(b) is guilty of an offense under any law of the commonwealth relating to the practice of applied behavior analysis or a rule or regulation adopted under those laws;

(c) engaged in conduct that calls into question the applied behavior analyst’s competence to practice applied behavior analysis including, but not limited to, gross misconduct in the practice of applied behavior analysis or of practicing applied behavior analysis fraudulently, or beyond its authorized scope, or with gross incompetence, or with gross negligence on a particular occasion or negligence on repeated occasions;

(d) practiced applied behavior analysis while the ability to practice was impaired by alcohol, drugs, physical disability or mental instability;

(e) has been habitually drunk or being or having been within a reasonable period of time addicted to, dependent on or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;

(f) knowingly permitted, aided or abetted an unlicensed individual to perform activities requiring a license for purposes of fraud, deception or personal gain;

(g) has been convicted of a criminal offense which reasonably calls into question the licensee’s ability to practice applied behavior analysis;

(h) violated any rule or regulation of the board governing the practice of applied behavior analysis; or

(i) violated any professional disciplinary or ethical standard established by the board.

No person who files a complaint or who reports or provides information under this section or assists the board at its request in any manner in discharging its duties and functions shall be liable in a cause of action arising out of the receiving of such information or assistance if the person making the complaint or reporting or providing the information or assistance does so in good faith and without malice.

If the applied behavior analyst or assistant applied behavior analyst is found not to have violated this section, the board shall forthwith order a dismissal of the charges.

Written notice of a contemplated revocation or suspension of a license or the cause therefor, in sufficient particularity, and the date of a hearing thereon, shall be sent by registered or certified mail to the licensee at the licensee’s last known address at least 15 days before the date of the hearing. The applied behavior analyst or assistant applied behavior analyst against whom a charge is filed shall have a right to appear before the board in person or by counsel, or both, may produce witnesses, introduce evidence and question witnesses. No license shall be revoked or suspended without such hearing, but the nonappearance of the licensee, after notice, shall not prevent such revocation or suspension. All matters upon which a contemplated revocation or suspension is based shall be introduced in evidence at the proceeding. The licensee shall be notified in writing of the board’s decision. The board may make such rules and regulations as it deems proper for the filing of charges and the conduct of hearings.

After issuing an order of revocation or suspension, the board may file a petition in equity in the superior court in a county in which the respondent resides or transacts business, or in Suffolk County, to ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the final determination.

A decision by the board under this section shall be subject to review in superior court under chapter 30A.

Section 279. After 3 years from the date of revocation, an application for reinstatement may be made to the board and the board may, upon the affirmative vote of a majority of its members, grant such reinstatement.

Section 280. The board shall issue a provisional license as an applied behavior analyst or an assistant applied behavior analyst to each applicant who meets the requirements set forth in this section. It shall issue the provisional license to each person so licensed, which shall be conclusive evidence of the right of such person to practice for a period during which the board is processing an application for licensure which includes a requirement the applicant submit a certificate issued by a national certifying body acceptable to the board. The provisional license shall be valid for a period of no longer than 1 year.

To be eligible for license by the board as an applied behavior analyst, an applicant shall comply with all requirements for licensure as outlined in sections 266 to 279 of chapter 112.

Notwithstanding any general or special law, or rule or regulation to the contrary, insurance companies shall accept the provisional license of an applied behavior analyst or an assistant applied behavior analyst as a full license for the purpose of credentialing clinicians.”.

SECTION 30. Section 165 of said chapter 112 of the General Laws is amended by—

(a) striking out the following words in the title of the section “applied behavior analysts”; and (b) striking out the eighth through fifteenth paragraphs, inclusive.

SECTION 31. Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by—

(a) inserting, after the definition of “Blighted open area,” the following definition:-

“‘Capital funds”, funds advanced by the department to a housing authority under state legislation financing capital outlays for housing production or preservation, including without limitation state legislation authorizing the issuance and sale of bonds by the Commonwealth to finance capital expenditures”;

(b) inserting, after the definition of “Community renewal program,” the following definition:-

“‘Controlled affiliate’, an entity with the power to own and operate real property of which and over which actual and legal control shall be in a local housing authority.”;

“Federal replacement units”, housing units that provide replacement housing for an existing or former federally-assisted public housing project in accordance with federal standards as established pursuant to (1) section 9 of the United States Housing Act of 1937, as amended, (2) the federal Rental Assistance Demonstration program; (3) the federal Choice Neighborhoods Initiative; (4) section 8(o)(13) of the United States Housing Act of 1937, as amended; or (5) such other similar or equivalent federal standards or successor programs as identified by the department.”; and

(d) inserting, after the definition of “Relocation project,” the following definition:-

“‘Replacement units’, (1) federal replacement projects; or (2) low rent housing created to replace an existing housing project that is demolished or disposed of under subsection (k) of section 26; such units may be included within a privately owned mixed-income development that also includes dwellings that are not low rent housing, provided that the use and occupancy of the replacement units is subject to a binding legal contract and land use restriction under paragraph (7) of subsection (k) of section 26.”.

SECTION 32. Section 11 of said chapter 121B, as so appearing, is hereby amended by adding the following paragraph:-

“Notwithstanding any general or special law to the contrary, a housing authority, with the approval of the department, shall have the power to secure indebtedness incurred for the preservation, modernization and maintenance of one or more of its low-rent housing developments assisted under section 32 or section 34 of chapter 121B by a pledge of a portion of capital funds awarded to it for improvements to be carried out pursuant to a department-approved capital improvement plan in accordance with department regulations governing capital projects. The department shall promulgate regulations establishing limitations on the percentage of awarded capital funds that may be pledged to secure indebtedness, describing permitted terms for borrowing and repayment, and establishing criteria for housing authorities that will be permitted to incur indebtedness secured by a pledge of capital funds. Any pledge of future year capital funds under this section is subject to the availability of funds under the department’s capital spending plan as approved by the governor for that year. All financing documents related to future year capital fund amounts must include a statement that the pledging of funds is subject to the availability of funds under the department’s capital spending plan as approved by the governor.”.

SECTION 33. Section 16 of said chapter 121B, as so appearing, is hereby amended by adding the following paragraph:-

“Notwithstanding any provision to the contrary in this chapter or in any other general or special law relative to the tax status of real property, buildings or other structures owned by a housing authority, a controlled affiliate, or another private entity, including without limitation a for-profit or charitable corporation, general or limited partnership, or limited liability company, that contain or will contain replacement units as defined in section 1, shall be exempt from taxation, betterments and special assessments to the extent such buildings or structures are restricted for use as replacement units, including associated common areas and associated land. If replacement units and associated common areas constitute only a portion of such resulting buildings or structures, the exemption shall be prorated based on the ratio which the square footage of replacement units bears to the square footage of all other residential or commercial units within the buildings or structures. The housing authority, controlled affiliate or other private entity shall pay (a) with respect to the exempt portion of the buildings or structures and land, a payment in lieu of taxes consistent with the valuation or other formula generally applicable under this section to the housing authority’s real estate in the city or town in which such real estate is located, or as otherwise previously agreed upon between the city or town and the housing authority as the method for computing the payments to be made in lieu of taxes, and using the ratio described above; and (b) with respect to the non-exempt portion of the buildings or structures and land, real estate taxes in accordance with chapter 59 of the General Laws based on the fair cash value of the non-exempt portion of the buildings or structures and non-exempt portion of the land using the ratio described above.”.

SECTION 34. Section 26 of said chapter 121B, as so appearing, is hereby amended by inserting after the word “sale,” in line 91, the following words:- “or other disposition”.

SECTION 35. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 94 to 95, the words “notwithstanding the provisions of clause (d) or section thirty-four,”.

SECTION 36. Subsection (k) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out paragraphs (1), (2), (3), and (4) and inserting in place thereof the following 4 paragraphs:-

“(1) found that all or a substantial portion of such existing housing project or part thereof requires such substantial modernization or rehabilitation to continue to provide decent, safe and sanitary housing that, in the judgment of the department, the required substantial modernization or rehabilitation cannot feasibly be executed by the housing authority pursuant to the provisions of this chapter;

(2) approved the proposed project, including a relocation plan for occupants of the existing project and a plan to make housing available on the land where the existing project is situated, in which the number of replacement units restricted as low rent housing for occupancy by low income persons or families shall be the same as the number of low rent housing units in the existing housing project or part thereof that is subject to demolition or disposition, unless the department determines that (A) a shortage of low-rent housing no longer exists in the applicable city or town, or (B) the reduction in the number of units is necessary to increase the number of units that are accessible for persons with disabilities, which project may include plans to use a portion of such land for market-rate housing or for a public purpose ancillary to such development and approved by the department;

(3) approved the sale or other disposition and the terms thereof, which shall be at the fair market value for the proposed reuse unless the department determines that a below-market disposition would be in the public interest in order to support the continued occupancy of dwelling units in the new development by families of low income;

(4) determined that the availability of funds to the housing authority for such project is conditioned upon the occurrence of the initial mortgage loan closing for the development of new or rehabilitated housing on the land where the existing project is situated; and the selection by the housing authority through a qualifications-based competitive procurement process approved by the department of a developer best qualified to develop, own and operate the new or rehabilitated housing on the existing land, for providing for such development of the new housing within a reasonable time in accordance with department-approved contracts, and for assuring continued occupancy of the required number of replacement units in the new development by families of low income in accordance with the requirements of this chapter;”.

SECTION 37. Said subsection (k) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out paragraph (6) and inserting in place thereof the following paragraph:-

“(6) found that the housing authority has described how occupants in state-aided public housing will be provided with independent technical assistance sufficient to allow them meaningful and informed input into the development of the proposed project and that representatives of all occupants of such existing housing project, selected by the occupants in a manner approved by the department, have fully participated in the development of the project proposal and that all occupants of such existing housing projects have adequate notice and an opportunity to review the proposed project and relocation plan and an opportunity to present their views at a public hearing which shall be held by the department.”.

SECTION 38. Said subsection (k) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by adding the following paragraph:-

“(7) approved a binding legal contract and land use restriction to be entered into by the transferee of the property in favor of the local housing authority and the department of housing and community development that requires compliance with chapter 121B of the General Laws and sections 4.00 et seq., 5.00 et seq., 6.00 et seq., 8.00 et seq., 27.00 et seq., and 47.00 et seq. of title 760 of the Code of Massachusetts Regulations with respect to the replacement units in the same manner and to the same effect as if such entity were a housing authority, subject to such regulatory waivers given by the department of housing and community development as may be necessary to secure financing; that provides prospective, present or former occupants of the replacement units with the ability to enforce such contractual obligations that impact their rights; and that delineates the roles of the housing authority and the department in monitoring and enforcing compliance with the contract and regulations named herein. The contract shall require compliance in perpetuity unless the department determines that the project financing requires the use of Federal low income housing tax credits and that compliance in perpetuity would make it infeasible to comply with Internal Revenue Service requirements with respect to the low income housing tax credit program. The department shall promulgate rules and regulations to further the purposes of subsection (k).”.

SECTION 39. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 242, the words “section or section 34” and inserting in place thereof the following words:- “any provision of this chapter”.

SECTION 40. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by inserting after the words “feasible to”, in line 247, the following words:- “maintain or to”.

SECTION 41. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by inserting after the word “demolition,” in line 251, the following words:- “or other disposition”.

SECTION 42. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 253, the words “as of November 1, 2012” and inserting in place thereof the following words:- “for at least 2 years”.

SECTION 43. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by adding the following subsections:-

“(q) Notwithstanding any general or special law to the contrary, including without limitation section 16 of chapter 30B of the General Laws, a housing authority may dispose of property pursuant to this section or section 34 of this chapter to a developer selected by competitive, qualifications-based procurement without separately soliciting proposals for the property disposition, provided that the developer procurement declares the property available for disposition and that, in the case of a disposition of property pursuant to subsection (k), the number of replacement units required under paragraph (2) of said subsection (k) are provided. Without limiting the generality of the foregoing—

(1) a housing authority shall not be required to determine the value of the property prior to soliciting proposals for selection of a developer best qualified to develop, own and operate the new or rehabilitated housing on the land. Prior to disposition of property by deed or other instrument, the housing authority shall determine the value of the property through procedures customarily accepted by the appraising profession as valid prior to the sale or other disposition of the property, and if, with the approval of the department, the housing authority decides to dispose of the property at a price less than the value as so determined, the housing authority shall publish notice of its decision in the central register, explaining the reasons for its decision and disclosing the difference between such value and the price to be received; and

(2) a housing authority shall not be required to specify all of the restrictions that may be placed on the subsequent use of property prior to selecting a developer through a qualifications-based competitive procurement process, provided that the developer procurement identifies the minimum number of dwelling units in the new development that must be occupied by families of low income. In the case of a disposition pursuant to subsection (k), such minimum number must conform to the requirements of paragraph (2) of subsection (k).

(r) Notwithstanding any general or special law to the contrary, including without limitation section 16 of chapter 30B of the General Laws, a housing authority may dispose of federally assisted public housing projects and the property on which such projects are located to a developer selected by competitive, qualifications-based procurement without separately soliciting proposals for the property disposition, provided that the developer procurement declares the property available for disposition and that such disposition is approved by the federal government.

(s) Section 16 of chapter 30B of the General Laws shall not apply to a transfer of property from a housing authority to a controlled affiliate for purposes of redeveloping such property.”.

SECTION 44. Section 29 of said chapter 121B, as so appearing, is hereby amended by adding the following paragraph:-

“Notwithstanding any provision to the contrary in this section or elsewhere in this chapter, if a housing authority does not own, lease or manage any housing project eligible to receive ongoing capital or operating assistance under section 32 or section 34 of this chapter, the department shall not investigate such housing authority’s budgets, finances, dealings, transactions and relationships or other affairs, nor shall the department require periodic reporting by any such housing authority. Without limiting the generality of the foregoing, a housing authority that does not own, lease or manage any housing project eligible to receive ongoing capital or operating assistance under section 32 or section 34 of this chapter shall not be required to— (a) conduct elections for tenant board members under section 5A; (b) participate in a training program under section 5B; (c) submit contracts with its executive director to the department for review pursuant to section 7A; (d) participate in the performance-based monitoring program established pursuant to section 26B; (e) participate in the regional capital assistance team program established pursuant to section 26C; (f) prepare and submit an annual plan pursuant to section 28A and this section; or (g) prepare and submit, or make available, a written report and agreed upon procedures for review of housing authority financial records pursuant to this section 29.”.

SECTION 45. Section 34 of said chapter 121B, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

“The proceeds of any sale or other disposition of such project in excess of the total of all obligations of the housing authority with respect to such project shall, after the payment of all bonds issued by the housing authority to finance the cost of such project and payment of the costs of the sale or disposition, be retained by the housing authority for the preservation, modernization and maintenance of its public housing assisted under this chapter as approved by the department, or where the housing authority has no public housing assisted under this chapter, such proceeds shall be paid to the department to fund capital improvements for the preservation, modernization and maintenance of state-aided public housing.”.

SECTION 46. Said section 34 of said chapter 121B, as so appearing, is hereby further amended by striking out the tenth paragraph and inserting in place thereof the following paragraph:-

“Whenever a housing authority shall determine that land acquired by it under clause (d) of section 11 for the purpose of this section is in excess of or no longer required for such purposes it may, upon approval by the department, sell or otherwise dispose of such land by deed or instrument approved as to form by the attorney general. If the housing authority is disposing of such land for purposes of housing development, it may do so in accordance with section 26 of this chapter. So long as any bonds issued by a housing authority to finance the cost of a project under this section or section 35 and guaranteed by the commonwealth are outstanding, funds received from a disposition of land as provided in this chapter shall be applied in accordance with the fourth paragraph of this section. After the payment of all bonds issued by the housing authority to finance the cost of such project, funds received shall be applied in accordance with the fifth paragraph of this section.”.

SECTION 47. Said section 34 of said chapter 121B, as so appearing, is hereby further amended by adding the following paragraph:-

“Notwithstanding any general or special law to the contrary, construction and development activity related to redevelopment of state-aided public housing projects where the land, buildings or structures associated with the housing project have been conveyed or transferred to a private entity for purposes of completing the redevelopment shall not be subject to any general or special law related to the procurement and award of contracts for the planning, design, construction management, construction, reconstruction, installation, demolition, maintenance or repair of buildings by a public agency, provided that the department shall review and approve the procurement processes used to undertake this redevelopment. Nothing in this section shall be deemed to exempt a housing project from sections 26 to 27H, inclusive, of chapter 149 of the General Laws.”.

SECTION 48. Section 1A of chapter 128 of the General Laws, as so appearing, is hereby amended by inserting after the word “market”, in line 14, the following words:- “; and shall include agritourism, which is any educational, recreational, or social activity, including weddings performed on a farm, which serves to promote the farm and its products, provided however that income from agritourism activities do not exceed 50 per cent of the annual farm revenue from the sale of farm product over any 5 year period”.

SECTION 49. Section 14L of chapter 151A of the General Laws, as so appearing, is hereby amended by inserting after subsection (b) the following subsection:-

“(c) Annually, not later than September 1 of each year, the director of the department of career services shall file a report with the joint committee on labor and workforce development and the house and senate committees on ways and means concerning the collection of the workforce training contributions, pursuant to subsection (a), during the calendar year ending on the preceding December 31. The report shall include, but not be limited to, (1) the amount collected in each quarter and the total amount collected for the year; (2) the total number of employers that contributed to the fund and the total number of employees employed by that group of employers; and (3) the contribution rate, to the extent it differs from 0.056 per cent.”.

SECTION 50. Section 25E of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1, 14, and 16, the words “twenty-five V,” and inserting in place thereof, in each instance, the following figure:- 25W.

SECTION 51. Said chapter 152 is hereby further amended by inserting after section 25V the following section:-

“Section 25W. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to groups governed by sections 25E to 25U of this chapter.”.

SECTION 52. Section 12 of chapter 172 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the words “residents therein”, in line 4, the following words:- “provided however, upon application in writing by the corporation, the commissioner may waive or modify this requirement on an individual director basis”.

SECTION 53. Subsection (1) of section 20A of chapter 175 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following 2 paragraphs:--

“(I) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the commissioner may suspend or revoke the reinsurer’s accreditation or certification.

(i) The commissioner must give the reinsurer notice and opportunity for hearing. The suspension or revocation may not take effect until after the commissioner’s order on hearing, unless—

(a) the reinsurer waives its right to hearing;

(b) the commissioner’s order is based on regulatory action by the reinsurer’s domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer’s eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subparagraph (vi) of paragraph (E) of this subsection; or

(c) the commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the commissioner’s action.

(ii) While a reinsurer’s accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer’s obligations under the contract are secured in accordance with subsection (2) of this section. If a reinsurer’s accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer’s obligations under the contract are secured in accordance with subparagraph (v) of paragraph (E) of this subsection or subsection (2) of this section.

(J)(i) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. A domestic ceding insurer shall notify the commissioner within 30 days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, exceeds 50 per cent of the domestic ceding insurer’s last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.

(ii) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20 per cent of the ceding insurer’s gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.

SECTION 54. Said section 20A of said chapter 175, as so appearing, is hereby further amended by striking out subsection (5) and inserting in place thereof the following subsection:-

“(5)(A) The commissioner may in accordance with the provisions of chapter 30A, after notice and hearing, promulgate reasonable rules and regulations necessary to effectuate the provisions of this section.

(B) The commissioner is further authorized to adopt rules and regulations applicable to reinsurance arrangements described in subparagraph (i) of paragraph (B) of this subsection.

(i) A regulation adopted pursuant to paragraph (B) of this subsection, may apply only to reinsurance relating to:

(a) Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits;

(b) Universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period;

(d) Long-term care insurance policies; or

(e) Such other life and health insurance and annuity products as to which the NAIC adopts model regulatory requirements with respect to credit for reinsurance.

(ii) A regulation adopted pursuant to clauses (a) and (b) of subparagraph (i) of paragraph (B) of this subsection may apply to any treaty containing:

(a) Policies issued on or after January 1, 2015, and

(b) Policies issued prior to January 1, 2015, if risk pertaining to such pre-2015 policies is ceded in connection with the treaty, in whole or in part, on or after January 1, 2015.

(iii) A regulation adopted pursuant to paragraph (B) of this subsection may require the ceding insurer, in calculating the amounts or forms of security required to be held under regulations promulgated under this authority, to use the Valuation Manual adopted by the NAIC under Section 11B(1) of the NAIC Standard Valuation Law, including all amendments adopted by the NAIC and in effect on the date as of which the calculation is made, to the extent applicable.

(iv) A regulation adopted pursuant to this paragraph (B) of this subsection shall not apply to cessions to an assuming insurer that—

(a) is certified in the commonwealth; and

(b) maintains at least $250,000,000 in capital and surplus when determined in accordance with the NAIC Accounting Practices and Procedures Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any permitted or prescribed practices; and is (1) licensed in at least 26 states; or (2) licensed in at least 10 states, and licensed or accredited in a total of at least 35 states.

(v) The authority to adopt regulations pursuant to this paragraph (B) does not limit the commissioner’s general authority to adopt regulations pursuant to paragraph (A) of subsection 5 of this section.

SECTION 55. Section 206 of said chapter 175, as so appearing, is hereby amended by inserting after the definition of “Control” the following definition:-

““Group-wide supervisor”, the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner under subsection (y) of section 206C to have sufficient significant contacts with the internationally active insurance group.”.

SECTION 56. Said section 206 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of “Insurer” the following definition:-

““Internationally active insurance group”, an insurance holding company system that (1) includes an insurer registered under section 206C; and (2) meets the following criteria— (a) premiums written in at least 3 countries, (b) the percentage of gross premiums written outside the United States is at least 10 per cent of the insurance holding company system’s total gross written premiums; and (c) based on a 3-year rolling average, the total assets of the insurance holding company system are at least $50,000,000,000 or the total gross written premiums of the insurance holding company system are at least $10,000,000,000.”.

SECTION 57. Section 206C of said chapter 175, as so appearing, is hereby amended by inserting, in line 291, after the word “reported,” the following words:- “or provided to the division of insurance.”.

SECTION 58. Said section 206C of said chapter 175, as so appearing, is hereby further amended by adding the following subsection:-

“(y)(1) The commissioner is authorized to act as the group-wide supervisor for any internationally active insurance group in accordance with the provisions of this subsection. However, the commissioner may otherwise acknowledge another regulatory official as the group-wide supervisor where the internationally active insurance group—

(i) does not have substantial insurance operations in the United States;

(ii) has substantial insurance operations in the United States, but not the commonwealth; or

(iii) has substantial insurance operations in the United States and the commonwealth, but the commissioner has determined pursuant to the factors set forth in paragraphs (2) and (6) of this subsection that the other regulatory official is the appropriate group-wide supervisor.

An insurance holding company system that does not qualify as an internationally active insurance group may request that the commissioner make a determination or acknowledgement as to a group-wide supervisor pursuant to this subsection.

(2) In cooperation with other state, federal and international regulatory agencies, the commissioner shall identify a single group-wide supervisor for an internationally active insurance group. The commissioner may determine that the commissioner is the appropriate group-wide supervisor for an internationally active insurance group that conducts substantial insurance operations concentrated in the commonwealth. However, the commissioner may acknowledge that a regulatory official from another jurisdiction is the appropriate group-wide supervisor for the internationally active insurance group. The commissioner shall consider the following factors when making a determination or acknowledgement under this subsection—

(i) the place of domicile of the insurers within the internationally active insurance group that hold the largest share of the group’s written premiums, assets or liabilities;

(ii) the place of domicile of the top-tiered insurer(s) in the insurance holding company system of the internationally active insurance group;

(iii) the location of the executive offices or largest operational offices of the internationally active insurance group;

(iv) whether another regulatory official is acting or is seeking to act as the group-wide supervisor under a regulatory system that the commissioner determines to be substantially similar to the system of regulation provided under the laws of the commonwealth, or otherwise sufficient in terms of providing for group-wide supervision, enterprise risk analysis, and cooperation with other regulatory officials; and

(v) whether another regulatory official acting or seeking to act as the group-wide supervisor provides the commissioner with reasonably reciprocal recognition and cooperation.

However, a commissioner identified under this subsection as the group-wide supervisor may determine that it is appropriate to acknowledge another supervisor to serve as the group-wide supervisor. The acknowledgement of the group-wide supervisor shall be made after consideration of the factors listed in subparagraphs (i) through (v), and shall be made in cooperation with and subject to the acknowledgment of other regulatory officials involved with supervision of members of the internationally active insurance group, and in consultation with the internationally active insurance group.

(3) Notwithstanding any other provision of law, when another regulatory official is acting as the group-wide supervisor of an internationally active insurance group, the commissioner shall acknowledge that regulatory official as the group-wide supervisor. However, in the event of a material change in the internationally active insurance group that results in (i) the internationally active insurance group’s insurers domiciled in the commonwealth holding the largest share of the group’s premiums, assets or liabilities; or (ii) the commonwealth being the place of domicile of the top-tiered insurer in the insurance holding company system of the internationally active insurance group, the commissioner shall make a determination or acknowledgment as to the appropriate group-wide supervisor for such an internationally active insurance group pursuant to paragraph (2) of this subsection.

(4) Pursuant to subsection (u), the commissioner is authorized to collect from any insurer registered pursuant to subsection (a) all information necessary to determine whether the commissioner may act as the group-wide supervisor of an internationally active insurance group or if the commissioner may acknowledge another regulatory official to act as the group-wide supervisor. Prior to issuing a determination that an internationally active insurance group is subject to group-wide supervision by the commissioner, the commissioner shall notify the insurer registered pursuant to subsection (a) and the ultimate controlling person within the internationally active insurance group. The internationally active insurance group shall have not less than 30 days to provide the commissioner with additional information pertinent to the pending determination. The commissioner shall publish on the division of insurance’s website the identity of internationally active insurance groups that the commissioner has determined are subject to group-wide supervision by the commissioner.

(5) If the commissioner is the group-wide supervisor for an internationally active insurance group, the commissioner is authorized to engage in any of the following group-wide supervision activities—

(i) assess the enterprise risks within the internationally active insurance group to ensure that the material financial condition and liquidity risks to the members of the internationally active insurance group that are engaged in the business of insurance are identified by management, and reasonable and effective mitigation measures are in place;

(ii) request, from any member of an internationally active insurance group subject to the commissioner’s supervision, information necessary and appropriate to assess enterprise risk, including but not limited to, information about the members of the internationally active insurance group regarding governance, risk assessment and management; capital adequacy, and material intercompany transactions;

(iii) coordinate and, through the authority of the regulatory officials of the jurisdictions where members of the internationally active insurance group are domiciled, compel development and implementation of reasonable measures designed to ensure that the internationally active insurance group is able to timely recognize and mitigate enterprise risks to members of such internationally active insurance group that are engaged in the business of insurance;

(iv) communicate with other state, federal and international regulatory agencies for members within the internationally active insurance group and share relevant information subject to the confidentiality provisions of subsection (v), through supervisory colleges as set forth in subsection (x) or otherwise;

(v) enter into agreements with or obtain documentation from any insurer registered under subsection (a), any member of the internationally active insurance group, and any other state, federal and international regulatory agencies for members of the internationally active insurance group, providing the basis for or otherwise clarifying the commissioner’s role as group-wide supervisor, including provisions for resolving disputes with other regulatory officials. Such agreements or documentation shall not serve as evidence in any proceeding that any insurer or person within an insurance holding company system not domiciled or incorporated in the commonwealth is doing business in the commonwealth or is otherwise subject to jurisdiction in this state; and

(vi) other group-wide supervision activities, consistent with the authorities and purposes enumerated in this paragraph, as considered necessary by the commissioner.

(6) If the commissioner acknowledges that another regulatory official from a jurisdiction that is not accredited by the NAIC is the group-wide supervisor, the commissioner is authorized to reasonably cooperate, through supervisory colleges or otherwise, with group-wide supervision undertaken by the group-wide supervisor, provided that (i) the commissioner’s cooperation is in compliance with the laws of the commonwealth; and (ii) the regulatory official acknowledged as the group-wide supervisor also recognizes and cooperates with the commissioner’s activities as a group-wide supervisor for other internationally active insurance groups where applicable. Where such recognition and cooperation is not reasonably reciprocal, the commissioner is authorized to refuse recognition and cooperation.

(7) The commissioner is authorized to enter into agreements with or obtain documentation from any insurer registered under subsection (a), any affiliate of the insurer, and other state, federal and international regulatory agencies for members of the internationally active insurance group that provide the basis for or otherwise clarify a regulatory official’s role as group-wide supervisor.

(8) A registered insurer subject to this subsection shall be liable for and shall pay the reasonable expenses of the commissioner’s participation in the administration of this subsection, including the engagement of attorneys, actuaries and any other professionals and all reasonable travel expenses.

SECTION 59. Chapter 175 of the General Laws is hereby amended by adding the following section:-

“Section 230. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to insurers governed by this chapter.”.

SECTION 60. Chapter 176 of the General Laws is hereby amended by inserting after section 1A the following section:-

“Section 1B. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to fraternal benefit societies governed by this chapter.”.

SECTION 61. Section 18 of chapter 176A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:-

“Notwithstanding any general or special law to the contrary, chapter 176W shall apply to every corporation subject to this chapter.”.

SECTION 62. Chapter 176B of the General Laws is hereby amended by inserting after section 8B the following section:-

“Section 8C. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to a medical service corporation governed by this chapter.”.

SECTION 63. Chapter 176E of the General Laws is hereby amended by inserting after section 8B the following section:-

“Section 8C. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to a dental service corporation governed by this chapter.”.

SECTION 64. Chapter 176F of the General Laws is hereby amended by inserting after section 8A the following section:-

“Section 8B. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to an optometric service corporation governed by this chapter.”.

SECTION 65. Chapter 176G of the General Laws is hereby amended by inserting after section 10A the following section:-

“Section 10B. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to a health maintenance organization governed by this chapter.”.

SECTION 66. Chapter 176H of the General Laws is hereby amended by inserting after section 13A the following section:-

“Section 13B. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to legal services plans governed by this chapter.”.

SECTION 67. Section 6 of chapter 176O of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 36 to 37 and 102 to 103, in each instance, the words “and the involuntary disenrollment rate among insureds of the carrier”.

SECTION 68. Section 21 of said chapter 176O, as so appearing, is hereby amended by striking out subsection (a).

SECTION 69. Subsection (b) of said section 21 of said chapter 176O, as so appearing, is hereby amended by striking out paragraph (2) and inserting in place thereof the following paragraph:-

“(2) Any carrier which provides administrative services to 1 or more self-insured groups shall submit to the division a report including the following information—

(i) the number of the carrier's self-insured customers;

(ii) the aggregate number of members, as defined in section 1 of chapter 176J, in all of the carrier's self-insured customers;

(iii) the aggregate number of lives covered in all of the carrier's self-insured customers;

(iv) the percentage of the carrier's self-insured customers that include each of the benefits mandated for health benefit plans under chapters 175, 176A, 176B and 176G; and

(v) any other information deemed necessary by the commissioner.”.

SECTION 70. Subsection (d) of said section 21 of said chapter 176O, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

“If, for any year, the division determines, based on the report submitted under section 10 of chapter 176G or other sources, that a carrier has a risk-based capital ratio on a combined entity basis that exceeds 700 per cent, the division shall hold a public hearing within 60 days.”.

SECTION 71. Chapter 176P of the General Laws is hereby amended by inserting after section 38A the following section:-

“Section 38B. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to a limited society governed by this chapter.”.

SECTION 72. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after chapter 176V the following chapter:

CHAPTER 176W

CORPORATE GOVERNANCE ANNUAL DISCLOSURE

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Commissioner”, the commissioner of insurance.

“Corporate Governance Annual Disclosure (CGAD)”, a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter.

“Corporate Governance Annual Disclosure Model Regulation”, the current version of the Corporate Governance Annual Disclosure Model Regulation developed and adopted by the NAIC and as amended from time to time. A change in the Corporate Governance Annual Disclosure Model Regulation shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC.

“Division”, the division of insurance.

“Insurance group”, those insurers and affiliates included within an insurance holding company system as defined in section 206 of chapter 175; health maintenance organizations and affiliates included within a health maintenance organization holding company system, as defined in section 1 of chapter 176G; public employer self-insurance groups and their affiliates organized pursuant to chapter 40M; workers compensation self-insurance groups and their affiliates organized pursuant to sections 25E to 25U, inclusive, of chapter 152; fraternal benefit societies and their affiliates organized pursuant to chapter 176; non-profit hospital service corporations and their affiliates organized pursuant to chapter 176A; medical service corporations and their affiliates organized pursuant to chapter 176B; dental service corporations and their affiliates organized pursuant to chapter 176E; optometric service corporations and their affiliates organized pursuant to chapter 176F; insured legal services plans and their affiliates organized pursuant to chapter 176H; and limited societies and their affiliates organized pursuant to chapter 176P.

“Insurer”, the same meaning as in section 1 of chapter 175 and shall also include public employer self-insurance groups organized pursuant to chapter 40M; workers compensation self-insurance groups organized pursuant to sections 25E to 25U, inclusive, of chapter 152; fraternal benefit societies organized pursuant to chapter 176; non-profit hospital service corporations organized pursuant to chapter 176A; medical service corporations organized pursuant to chapter 176B; dental services corporations organized pursuant to chapter 176E; optometric service corporations organized pursuant to chapter 176F; health maintenance organizations organized pursuant to chapter 176G; insured legal services plans organized pursuant to chapter 176H; and limited societies organized pursuant to chapter 176P; except that “insurer” shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District of Columbia or a state or political subdivision of a state.

“NAIC”, the National Association of Insurance Commissioners.

“ORSA summary report”, the report filed in accordance with chapter 176V.

Section 2. (a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the commissioner a CGAD that contains the information described in section 4(b). Notwithstanding any request from the commissioner made pursuant to subsection (c), if the insurer is a member of an insurance group, the insurer shall submit the report required by this section to the commissioner of the lead state for the insurance group, in accordance with the laws of the lead state, as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the NAIC.

(b) The CGAD must include a signature of the insurer’s or insurance group’s chief executive officer or corporate secretary attesting to the best of that individual’s belief and knowledge that the insurer has implemented the corporate governance practices and that a copy of the disclosure has been provided to the insurer’s board of directors or the appropriate committee thereof.

(d) For purposes of completing the CGAD, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. The insurer or insurance group is encouraged to make the CGAD disclosures at the level at which the insurer’s or insurance group’s risk appetite is determined, or at which the earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively and at which the supervision of those factors are coordinated and exercised, or the level at which legal liability for failure of general corporate governance duties would be placed. If the insurer or insurance group determines the level of reporting based on these criteria, it shall indicate which of the three criteria was used to determine the level of reporting and explain any subsequent changes in level of reporting.

(e) The review of the CGAD and any additional requests for information shall be made through the lead state as determined by the procedures within the most recent Financial Analysis Handbook referenced in subsection (a).

(f) Insurers providing information substantially similar to the information required by this chapter in other documents provided to the commissioner, including proxy statements filed in conjunction with Form B requirements pursuant to section 206C of chapter 175, or other state or federal filings provided to the Division shall not be required to duplicate that information in the CGAD, but shall only be required to cross reference the document in which the information is included.

Section 3. The commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations and orders as shall be necessary to carry out the provisions of this chapter.

Section 4. (a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies, and practices. The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system or controls implementing those policies.

(b) Notwithstanding subsection (a) of this section, the CGAD shall be prepared consistent with the NAIC Corporate Governance Annual Disclosure Model Regulation, subject to the requirements of this chapter. Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.

Section 5. (a) Documents, materials or other information including the CGAD, in the possession or control of the Division that are obtained by, created by or disclosed to the commissioner or any other person under this chapter shall be proprietary and recognized to contain trade secrets. All such documents, materials or other information shall be confidential by law and privileged, shall not be considered a public record pursuant to section 10 of chapter 66, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner’s official duties. The commissioner shall not otherwise make the documents, materials or other information public without the prior written consent of the insurer. Nothing in this section shall be construed to require written consent of the insurer before the commissioner may share or receive confidential documents, materials or other CGAD-related information pursuant to subsection (c) to assist in the performance of the commissioner’s regular duties.

(b) Neither the commissioner nor any person who received documents, materials or other CGAD-related information, through examination or otherwise, while acting under the authority of the commissioner, or with whom such documents, materials or other information are shared pursuant to this chapter shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph (a).

(i) upon request, share documents, materials or other CGAD-related information including the confidential and privileged documents, materials or information subject to subsection (a), including proprietary and trade secret documents and materials with other state, federal and international financial regulatory agencies, including members of any supervisory college as defined in subsection (x) of section 206C of chapter 175, with the NAIC, and with third party consultants pursuant to section 6, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, material or other information and has verified in writing the legal authority to maintain confidentiality; and

(ii) receive documents, materials or other CGAD-related information, including otherwise confidential and privileged documents, materials or information, including proprietary and trade-secret information or documents, from regulatory officials of other state, federal and international financial regulatory agencies, including members of any supervisory college as defined in subsection (x) of section 206C of chapter 175, and from the NAIC, and shall maintain as confidential or privileged any documents, materials or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information.

(d) The sharing of information and documents by the commissioner pursuant to this chapter shall not constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely responsible for the administration, execution and enforcement of the provisions of this chapter.

(e) No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials or other CGAD-related information shall occur as a result of disclosure of such CGAD-related information or documents to the commissioner under this section or as a result of sharing as authorized in this chapter.

Section 6. (a) The commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the CGAD and related information or the insurer's compliance with this chapter.

(b) Any persons retained under subsection (a) shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.

(c) The NAIC and third-party consultants shall be subject to the same confidentiality standards and requirements as the commissioner.

(d) As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer, that it is free of a conflict of interest and that it has internal procedures in place to monitor compliance with a conflict and to comply with the confidentiality standards and requirements of this chapter.

(e) A written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this chapter shall contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this chapter—

(i) specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this chapter;

(ii) procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality;

(iii) a provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the Division and the NAIC’s or third-party consultant’s use of the information is subject to the direction of the commissioner;

(iv) a provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this chapter in a permanent database after the underlying analysis is completed;

(v) a provision requiring the NAIC or third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer’s CGAD-related information; and

(vi) a requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this chapter.

Section 7. Any insurer failing, without just cause, to timely file the CGAD as required in this chapter shall be required, after notice and hearing, to pay a penalty of $500 for each day of delay, to be recovered by the commissioner. The maximum penalty under this section is $10,000. The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.

Section 8. If any provision of this chapter other than section 5, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter, with the exception of section 5, are severable.”.

SECTION 73. Section 135 of chapter 219 of the acts of 2016 is hereby amended by striking out the words “from August 1, 2016 to July 31, 2018, inclusive,”.

SECTION 74. Chapter 166A of the General Laws is hereby amended by adding following section:-

“Section 23. (a) A cable television operator shall provide a public, educational or governmental access channel and connection so that the channel is delivered, and subscribers receive, the public, educational or governmental access channel with a good quality signal and in the same format as the primary local broadcast signals, including a high definition format and a standard digital format if such formats are so delivered and received by subscribers for the primary local broadcast signals; provided, however, a cable television operator shall not be required to provide the signal of a public, educational or governmental access channel to a subscriber on any particular channel number or to provide such signals in any particular order.

(b) A cable television operator shall provide a public, educational or governmental access channel in a nondiscriminatory manner on any navigational device, on-screen program guide or menu such that a subscriber may access the public, educational or governmental access channel in the same manner as local broadcast channels.

(c) For the purpose of this section, a cable television operator shall include a cable operator and a multichannel video programming distributor as defined in 47 U.S.C. 522.

(d) Nothing in this section shall prohibit, condition or restrict a cable television operator’s use of any type of subscriber equipment or any transmission technology.”.

SECTION 75. Notwithstanding any general or special law to the contrary, in fiscal years 2019 to 2025, inclusive, the office of Medicaid shall allocate $2,000,000 annually for a Fishing Partnership Health Plan Corporation project that shall provide services to fishermen and fishing families; provided, however, that such services shall include, but not be limited to, assisting fishermen and fishing families in obtaining health insurance coverage.

SECTION 76. Notwithstanding any general or special law to the contrary, the Massachusetts Technology Park Corporation, established in section 3 of chapter 40J of the General Laws and doing business as the Massachusetts Technology Collaborative, shall conduct a study on the autonomous vehicles industry and issue recommendations on how to advance the state’s competitiveness in the emerging industry. The study shall include, but not be limited to, cybersecurity; data privacy, data analytics, artificial intelligence, the internet of things, navigational software, robotics, advanced manufacturing, other emerging technologies related to autonomous vehicles, fuel emission and land use, and identification of legal and regulatory barriers to highly autonomous vehicles within existing state statutes, and recommendations on how to efficiently remove such barriers. Provided further, the study shall examine ways to accommodate research and development in a safe and productive manner. The Massachusetts Technology Collaborative may conduct this study in collaboration with relevant stakeholders, including but not limited to, the insurance industry, municipalities, institutions of higher education, automobile manufacturers, technology companies, policymakers, regional planning agencies, and other entities deemed necessary and relevant. The recommendations shall provide ways for the state to improve on its strengths and weaknesses through policies, strategies and initiatives to create new or stronger working relationships between key institutions, agencies, organizations and businesses. The study and recommendations shall be submitted to the joint committee on economic development and emerging technologies and joint committee on transportation no later than December 31, 2019.

SECTION 77. Establishing a Minority Owned Economy of Scale Business Initiative. There shall be a commission to plan, develop, and implement strategies to maximize participation of minority owned real estate and financial services corporations of the commonwealth called the “Minority Owned Economy of Scale Business Initiative” (in this section referred to as the “commission”). Among other goals, the commission shall strive to realize the professional licensing of socially or economically disadvantaged persons; specifically of at least 15 mortgage lender and mortgage broker licensees; 8 state bank charters; and 10 insurance or carrier licensees. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, African Americans, Cape Verdeans, Western Hemisphere Hispanics, Asians, American Indians, Eskimos, and Aleuts.

The commission shall consist of the commissioner of banks, or a designee; the director of the division of professional licensure, or a designee, 1 representative of the National Association of Real Estate Brokers; and 1 minority business enterprise owner, as described in section 58 of chapter 7 of the General Laws, as appointed by the governor.

The commission shall file a report of its findings and recommendations with the clerks of the senate and house of representatives and the chairs of the senate and house committees on ways and means no later than June 30, 2019.

SECTION 78. Notwithstanding section 109 of chapter 13 of the General Laws, the initial members of the board of registration of applied behavior analysts shall consist of 9 members to be appointed by the governor, 2 of whom shall be doctoral-level, board-certified behavior analysts designated as such by the Behavior Analyst Certification Board, 4 of whom shall be board-certified behavior analysts designated as such by the Behavior Analyst Certification Board, 1 of whom shall be a board-certified assistant behavior analyst designated as such by the Behavior Analyst Certification Board and 2 of whom shall be selected from and shall represent the public, subject to section 9B of said chapter 13. Of the initial members appointed to the board, 3 shall serve for terms of 3 years, 3 shall serve for terms of 2 years and 3 shall serve for a term of 1 year.

SECTION 79. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may lease, for a term not to exceed 25 years, inclusive of any options for renewal or extension of such lease, all or a portion of the land, tidelands and piers, together with the buildings, structures and appurtenances thereon, known as the New Bedford State Pier and the Fall River State Pier located in the cities of New Bedford and Fall River, respectively, to the Massachusetts Development Finance Agency established in chapter 23G of the Massachusetts General Laws, or any affiliated or subsidiary entity controlled by the Massachusetts Development Finance Agency, to be used for public purposes; provided however, that the Massachusetts Development Finance Agency, or any affiliated or subsidiary entity controlled by the Massachusetts Development Finance Agency, shall be subject to the use restrictions, as described in section 80.

SECTION 80. Use Restrictions. Massachusetts Development Finance Agency established in chapter 23G of the Massachusetts General Laws, or any affiliated or subsidiary entity controlled by the Massachusetts Development Finance Agency (in this section referred to as the "lessee"), may sublease all or portions of the Fall River State Pier and buildings and facilities located thereon to one or more public or private entities for commercial, industrial and other uses that the lessee determines will serve a public purpose, including without limitation the public purpose of generating revenue for the upkeep, maintenance and improvement of the Fall River State Pier; provided, that the Fall River State Pier may not be used to support facilities for offshore energy exploration or development; and no person or entity or group of affiliated persons or entities shall be permitted the exclusive use or lease of the Fall River State Pier.

The lessee may sublease all or portions of the New Bedford State Pier and buildings and facilities located thereon to one or more public or private entities for uses that the lessee determines will serve a public purpose, including without limitation the public purpose of generating revenue for the upkeep, maintenance and improvement of the New Bedford State Pier; and any use that conforms with Designated Port Area uses, as described in 301 C.M.R. 25.02; provided, that the lessee may sublease an area not to exceed 10 per cent of the square footage of the pier and that is located on the west side of the pier, adjacent to MacArthur Drive, and between the north-western and south-western corner, to one or more public or private entities for any accessory use, as described in 310 C.M.R. 9.12(3); provided however, the New Bedford State Pier may not be used to support facilities for offshore energy exploration or development; and no person or entity or group of affiliated persons or entities shall be permitted the exclusive use or lease of the New Bedford State Pier.

SECTION 81. There shall be a commission to investigate the official seal and motto of the commonwealth to determine that it accurately reflects and embodies (1) the historic and contemporary commitments of the commonwealth to peace, justice, liberty and equality; and (2) the commonwealth’s commitment to an inclusive business and tourism industry. Said commission shall publish its findings and recommendations to any revisions to the design of the seal and motto of the commonwealth, as described in sections 2 through 6 of chapter 2 of the General Laws. The commission shall consist of 2 members of the senate; 3 members of the house of representatives; 5 persons to be appointed by the governor, 3 of whom shall be of native American descent of Massachusetts tribes to be selected from a list of 6 nominees to be submitted by the executive director of the commission on Indian affairs; and the following members, each of whom may substitute a designee: the secretary of the commonwealth, the secretary of housing and economic development, the executive director of the Massachusetts historical commission, the executive director of the council on arts and humanities, and the chair of the Massachusetts arts commission. The report and recommendations shall be filed with the clerk of the house of representatives on or before the first Wednesday of December, 2019. Said commission shall not receive funds appropriated by the commonwealth.

SECTION 82. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2A, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $455,750,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Commonwealth Economic Development Act of 2018, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2053. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 83. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2B, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $235,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Commonwealth Economic Development Act of 2018, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2053. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 84. Sections 4 to 6, inclusive; 14; 28 to 30, inclusive; 50 to 66, inclusive; 71; and 72, shall take effect 90 days after enactment.

SECTION 85. Sections 7 to 11, inclusive; and 15 to 26, inclusive, shall take effect on January 1, 2019 and shall be effective for all tax years beginning on or after January 1, 2019.

SECTION 86. Sections 19 and 25 are hereby repealed.

SECTION 87. Section 86 shall take effect on January 1, 2022.

SECTION 88. Except as otherwise specified, this bill shall become effective upon enactment.