Consolidated Amendment "E" to H4000
Constitutional Officers and State Administration / Transportation
Fiscal Note: $4,870,000
Amendments 67 and 69 have been recategorized from Public Safety to Transportation
Amendments 269 and 270 have been recategorized from Transportation to Labor and Economic Development
Amendment 855 has been recategorized from Constitutional Officers and State Administration to Judiciary
Amendment 1030 has been recategorized from Energy and Environmental Affairs to Transportation
Amendment 1120 has been recategorized from Legislation, Non-Budget to Transportation
Amendments from Constitutional Officers and State Administration: 28, 30, 34, 35, 38, 39, 65, 77, 78, 79, 80, 82, 87, 134, 135, 148, 172, 174, 175, 182, 185, 200, 213, 226, 244, 250, 251, 267, 280, 315, 327, 333, 346, 379, 418, 442, 451, 465, 478, 483, 488, 495, 525, 546, 547, 559, 596, 597, 598, 610, 618, 621, 630, 632, 634, 637, 647, 652, 653, 658, 678, 686, 690, 691, 697, 699, 703, 723, 734, 740, 741, 747, 786, 822, 823, 841, 879, 880, 910, 911, 917, 933, 994, 995, 996, 998, 1017, 1036, 1041, 1053, 1068, 1100
Amendments from Transportation: 23, 37, 40, 49, 50, 67, 69, 74, 98, 99, 183, 238, 272, 273, 277, 278, 499, 521, 566, 628, 635, 641, 687, 695, 711, 729, 743, 753, 756, 757, 787, 788, 819, 856, 858, 864, 881, 951, 980, 986, 1024, 1030, 1040, 1077, 1112, 1120, 1142
Mr. Michlewitz of Boston and others move to amend H.4000 in section 2, in item 0610-0010, by adding the following words:- ; provided, that not less than $20,000 shall be expended for Budget Buddies, Inc. in the town of Chelmsford to operate a program that mentors and teaches financial literacy to low-income women throughout the commonwealth;
And further amend said item by striking out the figure “$630,396” and inserting in place thereof the following figure:- $650,396;
And further amend said section 2, in item 0640-0300, by inserting after the word “unit” the following words:- ; provided further, that not less than $50,000 shall be expended to the Greater Malden Asian American Community Coalition (GMAACC) Inc. for the establishment of an Asian community center in the city of Malden; provided further, that not less than $25,000 shall be expended for the Hanover cultural council, in the town of Hanover, for the planning and assistance of Hanover Day; provided further, that not less than $50,000 shall be expended for events for greater Boston’s recording, performing and visual artists of color through the Boston Art and Music Soul Festival; provided further, that not less than $50,000 shall be expended for an Artists Community Assistance program to be administered by the Allston Village Main Streets, Inc. of Boston; provided further, that not less than $100,000 shall be expended to the city known as the town of Weymouth to be used for the Weymouth 400 commemoration; provided further, that not less than $1,000,000 shall be expended for entities that focus on 1 or more Asian ethnicity and conduct cultural events, cultural education or cultural performances, with these funds being prioritized to entities who have been adversely affected by the 2019 novel coronavirus pandemic; provided further, that not less than $50,000 shall be expended for improvements at Cogswell ArtSpace in the city of Haverhill to convert the former Cogswell school into a community art center;
And further amend said item by striking out the figure “$20,000,000” and inserting in place thereof the following figure:- $21,325,000;
And further amend said section 2, in item 0950-0000, by striking out the figure “$211,375” and inserting in place thereof the following figure:- $261,375;
And further amend said section 2, in item 0950-0080, by striking out the figure “$180,400” and inserting in place thereof the following figure:- $250,400;
And further amend said section 2, in item 1599-0026, by inserting after the word “improvements” the following words:- ; provided, that not less than $50,000 shall be expended for a feasibility study for the town of Mendon to determine ways to expand and improve its public water supply and for capital improvements to the town’s water supply infrastructure; provided further, that not less than $50,000 shall be expended for improvements to the town hall and police station campus in the town of Mendon; provided further, that not less than $25,000 shall be expended to the town of Uxbridge for design fees to streamline efficiencies and cost savings in combining the town hall and the senior center into 1 municipal building; provided further, that not less than $35,000 shall be expended to the town of Bellingham for updates to the Bellingham senior center’s kitchen facilities and to make the senior center the emergency management facility for the town and senior population; provided further, that not less than $50,000 shall be expended to the city of Melrose for streetscape infrastructure upgrades; provided further, that not less than $25,000 shall be expended for a safety audit of an intersection in the town of West Newbury; provided further, that not less than $50,000 shall be expended for the SAFE Coalition Incorporated to provide support, education, treatment options and coping mechanisms for those affected by substance use disorder in the city known as the town of Franklin; provided further, that not less than $100,000 shall be expended for the town of Swampscott to create a racial equity municipal action plan; provided further, that not less than $25,000 shall be expended for a new wooden shingle roof for the Hawthorne House in the town of Wakefield; provided further, that not less than $10,000 shall be expended for electronic poll pads for the town of Sudbury; provided further, that not less than $40,000 shall be expended to the North Attleborough school district for the purpose of replacing failed and outdated ventilators with new unit ventilators in the North Attleborough school buildings; provided further, that not less than $25,000 shall be expended for the design and engineering of the town of Scituate water and sewer treatment plant to improve its public water supply; provided further, that not less than $25,000 shall be expended for upgrading telephone and communications equipment for municipal buildings in the town of Southbridge; provided further, that not less than $30,000 shall be expended to the town of Lakeville for funding capital improvements related to efficiency and accessibility of town office spaces; provided further, that not less than $60,000 shall be expended to the town of Belmont for information technology infrastructure to allow for the continuance of remote participation; provided further, that not less than $125,000 shall be expended to the town of Belmont to redesign the intersections of Winter street at Concord avenue and Mill street at Concord avenue; provided further, that not less than $25,000 shall be expended for critical repairs and ceiling tile replacement to the Veterans’ Memorial Room and senior center in the town of Dudley; provided further, that not less than $50,000 shall be expended to the town of Middleton for the relocation of a sidewalk along Route 114, also known as South Main street, in the town of Middleton; provided further, that not less than $50,000 shall be expended for improvements and redesigning the municipal parking lot located on Upper Haven street in the town of Reading; provided further, that not less than $10,000 shall be expended to the town of New Braintree for improvements to municipal buildings; provided further, that not less than $150,000 shall be expended to the town of Dedham for the construction of a public safety building; and provided further, that funds shall be expended for the installation and completion of sidewalk infrastructure along the northerly side of Tyngsborough road (Route 3A) from 18 Vinal square to Wellman avenue in the town of Chelmsford;
And further amend said item, by striking out the figure “600,000” and inserting the place thereof the following figure:- $1,600,000;
And further amend said item by striking out the figure “$3,600,000” and inserting in place thereof the following figure:- $5,610,000;
And further amend said section 2, in item 1790-1700, by inserting after the word “years” the following words:- ; provided, that not less than $25,000 shall be expended to the town of Nahant for communications infrastructure improvements;
And further amend said item by striking out the figure “$44,191,849” and inserting in place thereof the following figure:- $44,216,849;
And further amend said section 2, in item 9600-0000, by inserting after the word “representatives” the following words:- ; provided, that not less than $50,000 shall be expended for an intern pipeline program in the house of representatives which shall seek to promote inclusive and diverse participation and exposure to long-term employment opportunities in the public service sector for first generation students and traditionally underserved student populations;
And further amend said item by striking out the figure “$42,277,603” and inserting in place thereof the following figure:- 42,327,603;
And further amend the bill in section 2E, in item 1595-6368, by inserting after the word “Laws” the following words:- ; provided, that not less than $75,000 shall be expended to the town of Maynard for elderly and commuter services linking to the MBTA; provided further, that not less than $100,000 shall be expended for culvert repair and replacement in the town of Bolton; provided further, that not less than $50,000 shall be expended for the purpose of emergency roadway repairs in the city known as the town of Bridgewater; provided further, that not less than $50,000 shall be expended for the purpose of emergency roadway repairs in the town of Raynham; provided further, that not less than $50,000 shall be expended to improve pedestrian safety and expand access to public transportation along state Route 38 and Mystic avenue in the city of Somerville; provided further, that not less than $100,000 shall be expended for road improvements for the Howland avenue section of Route 8 in the town of Adams; provided further, that not less than $40,000 shall be expended for an intersection study and analysis in the town of North Reading; provided further, that not less than $250,000 shall be expended to address traffic and safety issues on Route 62 in the city of Beverly; provided further, that not less than $100,000 shall be expended for the removal of dead trees and brush on public ways as a result of a gypsy moth infestation in the town of Hampden; provided further, that not less than $30,000 shall be expended for the study of noise impacts and mitigation opportunities relative to the Grand Junction railroad in East Cambridge and the commuter rail maintenance facility in the city of Somerville; provided further, that not less than $30,000 shall be expended for a design study for sound walls in the vicinity of the States streets section of East Somerville; provided further, that not less than $100,000 shall be expended for the lighting and facade improvement of the Lowell street and Route 128 underpass at exit number 39 in the city of Peabody; provided further, that not less than $150,000 shall be expended for safety improvements to Salisbury street in the city of Worcester; and provided further, that not less than $50,000 shall be expended for the Massachusetts Department of Transportation to conduct a comprehensive traffic study on the impact of weekend or seasonal closures of Greenough boulevard between Arsenal street and North Beacon street in the city of Watertown;
And further amend said item by striking out the figure “$351,587,919” and inserting in place thereof the following figure:- $352,762,919;
And further amend said section 2E, in item 1595-6369, by inserting after the word “expended”, the second time it appears, the following words:- ; provided, that not less than $70,000 shall be expended to fund a quiet zone study to analyze costs and alternatives relative to designating Franklin as a quiet zone on the Franklin-Forge commuter rail line; provided further, that the Authority shall name the green line extension station in the city of Medford at the intersection of Boston avenue and Broadway the Ball Square/South Medford station; provided further, that not less than $75,000 shall be expended for the design, survey and installation of sound and visual mitigation barriers along the Massachusetts Bay Transportation Authority wildcat branch near residential properties impacted by slippery rail maintenance;
And further amend said item by striking out the figure “$127,000,000” and inserting in place thereof the following figure:- $127,145,000;
And further amend said section 2E, in item 1595-6370 by striking out the words “; and provided further, that in the distribution of performance grants under section 41, prioritization shall be given to a regional transit authority whose contract assistance under section 23 of chapter 161B is less than 50 per cent of the net cost of service of the regional transit authority”;
And moves to further amend the bill by inserting, after section 3, the following section:-
SECTION 3A. Chapter 3 of the General Laws is hereby amended by striking out section 68, as amended by sections 4 and 5 of chapter 227 of the acts of 2020, and inserting in place thereof the following section:-
Section 68. (a) There shall be a permanent commission on the status of Asian Americans and Pacific Islanders to consist of 21 persons as follows: 3 persons to be appointed by the governor; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the president of the senate; 3 persons to be appointed by the state treasurer; 3 persons to be appointed by the state secretary; 3 persons to be appointed by the attorney general; and 3 persons to be appointed by the state auditor. Members of the commission shall be residents of the commonwealth who have demonstrated a commitment to the Asian-American and Pacific Islander community. Members shall be subject to chapter 268A as it applies to special state employees.
(b) Members shall serve for terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with Asian-American and Pacific Islander organizations. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(d) The commission shall be a resource to the commonwealth on issues affecting Asian-American and Pacific Islander communities. In furtherance of that responsibility, the commission shall:
(1) promote research and be a clearinghouse and source of information on issues pertaining to Asian Americans and Pacific Islanders in the commonwealth;
(2) inform the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting Asian Americans and Pacific Islanders in the commonwealth;
(3) foster unity among Asian-American and Pacific Islander communities and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities;
(4) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to Asian Americans and Pacific Islanders in the commonwealth;
(5) identify opportunities to expand and improve commercial and cultural ties with Asian and Pacific Island nations;
(6) identify and recommend qualified Asian Americans and Pacific Islanders for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate;
(7) assess programs and practices in all state agencies as they affect Asian Americans and Pacific Islanders, as the commission considers necessary and appropriate;
(8) advise executive and legislative bodies on the potential effect on Asian Americans and Pacific Islanders of proposed legislation, as the commission considers necessary and appropriate; and
(9) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Asian Americans and Pacific Islanders in the commonwealth.
(e) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and house of representatives.
(f) The powers of the commission shall include, but not be limited, to:
(1) to use the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including provision of meeting places and refreshments;
(2) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it considers necessary;
(3) to direct a staff to perform its duties;
(4) to establish and maintain offices that it considers necessary, subject to appropriation;
(5) to enact by-laws for its own governance that are not inconsistent with any general or special law; and
(6) to recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).
(g) The commission may request from all state agencies whatever information and assistance the commission requires.
(h) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law.
(i) The commission staff shall consist of an executive director, employees and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.
And further amend the bill by inserting after section 8A, inserted by Consolidated Amendment “C”, the following sections:-
SECTION 8B. Section 23 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 201 and 202, the words “representative of a public safety union who shall be appointed by the governor” and inserting in place thereof the following words:- public safety union member who shall be appointed by the governor from a list of 3 such nominees submitted by the executive board of the Massachusetts Association of Contributory Retirement Systems, Inc.
SECTION 8C. Section 91 of said chapter 32, as so appearing, is hereby amended by striking out, in line 97, the words “nine hundred and sixty” and inserting in place thereof the following figure:- 1,200.
And further amend the bill, as amended, by inserting, after section 11D, the following section:-
SECTION 11E. Section 2 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the twenty second paragraph the following paragraph:-
The registrar shall furnish without charge to owners of private passenger motor vehicles who have been awarded the medal of liberty pursuant to section 67A of chapter 33 upon presentation of satisfactory evidence of such status as determined by the registrar, distinctive registration plates for 1 private passenger motor vehicle owned and principally used by such recipient, bearing on the left side an image of the medal and ribbon and bearing the words “MEDAL OF LIBERTY” along the bottom.
And further amend the bill by inserting, after section 15, the following 5 new sections:-
SECTION 15A. Section 9A of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “81.57” and inserting in place thereof the following figure:- 90.
SECTION 15B. Section 8 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-
The salaries of the clerks appointed by the governor, with the advice and consent of the council, having duties enumerated in section 21, 33 or 35A, shall be 90 per cent of the salary of the chief justice of their respective department and shall be paid, subject to appropriation, by the commonwealth.
SECTION 15C. Section 53 of said chapter 218, as so appearing, is hereby amended by striking out, in line 9, the figure “81.57” and inserting in place thereof the following figure:- 90.
SECTION 15D. Section 58 of said chapter 218, as so appearing, is hereby amended by striking out, in line 94, the figure “81.57” and inserting in place thereof the following figure:- 90.
SECTION 15E. Section 79 of said chapter 218, as so appearing, is hereby amended by striking out, in line 2, the figure “81.57” and inserting in place thereof the following figure:- 90.
And further amend the bill by inserting, after section 16, the following 2 sections:-
SECTION 16A. Section 93 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the figure “81.57” and inserting in place thereof the following figure:- 90.
SECTION 16B. Section 94 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 20, the figure “81.57” and inserting in place thereof the following figure:- 90.
And further amend the bill by inserting, after section 24I, inserted by Consolidated Amendment “C”, the following 2 sections:-
SECTION 24J. Section 76 of chapter 124 of the acts of 2020 is hereby amended by striking out the word “June” and inserting in place thereof the following word:- December.
SECTION 24K. Item 0521-0002 of section 2 of chapter 227 of the acts of 2020 is hereby amended by adding the following words:- ; provided, that any remaining funds in this item shall be made available until June 30, 2022.
And further amend the bill by striking out section 41 and inserting in place thereof the following section:-
SECTION 41. Notwithstanding any special or general law to the contrary, for fiscal year 2022, $94,000,000 of the amount transferred in item 1595-6370 of section 2E shall be considered operating assistance and distributed to regional transit authorities; provided, that for fiscal year 2022, $90,500,000 shall be distributed based on fiscal year 2021 distributions, in accordance with the fiscal year 2020 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; provided further, that each regional transit authority shall receive operating assistance from this item of not less than the amount received in fiscal year 2021; and provided further, that $3,500,000 shall be distributed to each regional transit authority based on the following formula: 60 per cent based on total transit ridership as reported on the most recent certified national transit data base report, 30 per cent based on population of its member communities from the most recent census, and 10 per cent based on service coverage area determined by the total square miles of its member communities. The department may require each regional transit authority to provide data on ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery, and shall compile collected data into a report on the performance of regional transit authorities and each authority’s progress towards meeting the performance metrics established in each memorandum of understanding.
And further amend the bill by inserting, after section 41A, inserted by Consolidated Amendment “D”, the following section:-
SECTION 41B. Notwithstanding any special or general law to the contrary, there shall be a two-year moratorium on new contracts issued to regional transit authorities for broker services related to non-emergency human services transportation in the commonwealth, from July 1, 2021 through June 30, 2023, during which time the 6 currently designated regional transit authority brokers for non-emergency human services transportation in the commonwealth shall continue to provide said service. Such moratorium shall not apply to the implementation of any needed improvements and reforms such as performance standards and monitoring services related to the brokerage or provision of non-emergency human services transportation by regional transit authorities.
And further amend the bill by inserting, after section 47, the following section:-
SECTION 47A. There shall be a task force on non-emergency human services transportation to explore ways to better collaborate, improve service and achieve operational and cost efficiencies through the brokerage system and provide the highest quality outcomes for consumers utilizing these services. The task force shall consist of the following members or their designees: the director of the human service transportation office who shall serve as chair; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader of the house of representatives; 2 members of the senate, 1 of whom shall be appointed by the minority leader of the senate; a representative from the Massachusetts Department of Transportation; 3 persons to be appointed by the regional transit authority administrators, all of whom shall be regional transit authority administrators currently administering human services transportation; 2 persons to be appointed by the governor, 1 of whom shall be an expert in human services transportation planning; 1 person appointed by the developmental disabilities provider trade organization; and 6 representatives serving consumers with disabilities through the transportation program, including: 1 person appointed by the Boston Center for Independent Living, Inc., 1 person appointed by the statewide independent living council, 2 persons appointed by The Arc of Massachusetts, 1 person appointed by the Disability Law Center, Inc., and 1 person appointed by the Massachusetts developmental disabilities council.
The task force shall make recommendations and propose guidelines on non-emergency human services transportation with the goal of examining and better understanding the human services transportation brokerage program and identifying opportunities for improved service and productivity that provides a strong safety net for vulnerable populations in both rural and urban areas. This shall include, but not be limited to, the use of existing routes when available, the provision of bus passes to eligible individuals and the need to have strong, transparent and consistent cost allocation systems in place to ensure that the capital and operating costs for both the brokerage and public transit systems are assigned to the appropriate cost center for reimbursement.
The recommendations and guidelines shall be used by the office of human services transportation to develop non-emergency human services transportation broker services. The task force shall file a report of its study and its recommendations with the clerks of the house of representatives and senate , the house and senate committees on ways and means, the joint committee on transportation, the joint committee on children, families and persons with disabilities, the secretary of health and human services and the secretary of transportation not later than December 1, 2022; provided, however, that the task force may make a draft report available to the public for comment before filing its final version.