Consolidated Amendment #E to H.4700

Consolidated Amendment "E" to H4700

Constitutional Officers & State Administration/Transportation

Fiscal Note: $3,502,654

Amendments 381, 449, 520, 766, 823, 862 and 1333 are recategorized from Labor and Economic Development to Constitutional Officers and State Administration

Amendments from Constitutional Officers and State Administration: 10, 17, 19, 20, 26, 35, 38, 47, 62, 73, 82, 85, 86, 107, 109, 116, 143, 151, 197, 201, 216, 217, 218, 222, 226, 229, 231, 236, 238, 239, 242, 244, 259, 260, 261, 266, 272, 283, 291, 299, 300, 306, 308, 318, 341, 343, 361, 381, 402, 409, 414, 439, 440, 444, 449, 458, 459, 460, 462, 463, 464, 490, 492, 497, 498, 502, 503, 505, 506, 512, 520, 527, 532, 533, 536, 556, 558, 581, 594, 626, 638, 642, 643, 669, 676, 684, 686, 701, 760, 766, 813, 823, 853, 862, 909, 932, 938, 944, 945, 967, 971, 974, 979, 987, 1001, 1017, 1020, 1037, 1048, 1081, 1083, 1086, 1092, 1101, 1102, 1115, 1116, 1119, 1130, 1134, 1136, 1149, 1173, 1176, 1189, 1192, 1195, 1203, 1213, 1219, 1236, 1238, 1239, 1240, 1266, 1271, 1280, 1281, 1282, 1284, 1285, 1287, 1289, 1306, 1317, 1325, 1330, 1333, 1339, 1348, 1364, 1379, 1383, 1390, 1392, 1411, 1412, 1424, 1445, 1468, 1472, 1476, 1479, 1496, 1521

Amendments from Transportation: 11, 344, 391, 792, 819, 1068, 1070, 1398, 1404, 1451

Mr. Michlewitz of Boston and others move to amend H.4700 in section 2, in item 0521-0000, by inserting after the words “and education” the following words:- ; provided further, that not less than $20,000 shall be expended for a town meeting voter enhancement and accuracy program in the town of Medway

And further amend said item by striking out the figure “$26,646,291" and inserting in place thereof the following figure:- $26,666,291

And further amend said section 2, in item 0540-1700, by inserting after the words “city of Pittsfield” the following words:- ; provided, that not less than $30,000 shall be expended for repairs to the Northern Berkshire Registry of Deeds

And further amend said item by striking out the figure “$514,599" and inserting in place thereof the following figure:- $544,599

And further amend said section 2, in item 0610-0010, by inserting after the words “economic empowerment” the following words:- ; provided, that not less than $50,000 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 state

And further amend said item by striking out the figure “$726,701" and inserting in place thereof the following figure:- $776,701

And further amend said section 2, in item 0610-0060, by striking out the figure “$148,780" and inserting in place thereof the following figure:- $248,780

And further amend said section 2, in item 0640-0300, by inserting after the words “appropriate bargaining unit” the following words:- ; provided further, that not less than $75,000 shall be expended for the construction of an ADA-compliant outdoor recreational space for the Ashland Community Center; provided further, that not less than $75,000 shall be expended for ArtSpace Maynard to enable the reopening of the closed studio spaces; provided further, that not less than $50,000 shall be expended for improvements including, but not limited to, electrical upgrades at Cogswell ArtSpace in Haverhill to convert the former Cogswell school into a community art center; provided further, that not less than $25,000 shall be expended for the Dartmouth Historical and Arts Society, Inc.’s restoration of the historic Russells Mills school in Dartmouth; provided further, that not less than $100,000 shall be expended for the Arlington Chamber of Commerce tourism initiative; provided further, that not less than $50,000 shall be expended for the town of Dedham for the annual Flag Day parade; 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 for the Springfield Symphony Orchestra, Inc. for a youth symphony orchestra scholarship program and an upgrade to the Springfield Symphony Orchestra phone infrastructure system and downtown office; provided further, that not less than $7,000 shall be expended for the International Puerto Rican Studies Conference for its fiscal agent, the Holyoke public library; provided further, that not less than $25,000 shall be expended for the Rumford Historical Association for maintenance, refurbishment and replacement of critical assets at the Count Rumford Birthplace at 90 Elm street, Woburn in preparation for the 250th anniversary of the Revolutionary War; provided further, that not less than $50,000 shall be expended for the Lowell Southeast Asian Water Festival, Inc. to promote equity, diversity and inclusion in the cultural life of the people of greater Lowell

And further amend said item by striking out the figure “$22,500,000” and inserting in place thereof the following figure:- $23,107,000

And further amend said section 2, in item 0810-1205, by inserting after the words “for the program” the following:- ; provided further, that not less than $50,000 shall be expended for the New Bedford police department to support the Greater New Bedford Opioid Task Force; and 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 of Franklin

And further amend said item by striking out the figure “$2,191,936” and inserting in place thereof the following figure:- $2,291,936

And further amend said section 2, in item 0950-0080, by striking out the figure "$250,399" and inserting in place thereof the following figure:- $456,053

And further amend said section 2, in item 1201-0100, by inserting after the words “12-month period” the following words:- ; provided further, that not less than $80,000 shall be expended for the town of Stoneham for the purchase and operation of a municipal document management and information technology system

And further amend said item by striking out the figure “$89,787,556" and inserting in place thereof the following figure:- $89,867,556

And further amend said section 2E, in item 1595-6368, by inserting after the words “of the General Laws” the following words:- ; provided further, that not less than $50,000 shall be expended for the town of North Attleborough for the repair and restoration of the Big Red Bus; provided further, that not less than $50,000 shall be expended for the improvement of pedestrian safety and the expansion of access to public transportation along state route 38 in Somerville; provided further, that not less than $100,000 shall be expended for Main street in Natick center to advance design, including community engagement; 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 city of Raynham; provided further, that not less than $30,000 shall be expended for the restoration and maintenance of the Buchanan bridge in the city of Lynn; provided further, that not less than $75,000 shall be expended for the town of Stow for the preliminary design and repair of the Wheeler road bridge; provided further, that not less than $25,000 shall be expended for culvert design, repair and replacement in Bolton; provided further, that not less than $75,000 shall be expended for the town of Maynard for elderly and commuter services linking to the MBTA; provided further, that not less than $10,000 shall be expended for the installation of digital speed signs on Lowell street in Peabody; provided further, that not less than $25,000 shall be expended for the town of Lakeville for design services for intersection improvements to state route 105 and Bridge street; provided further, that not less than $50,000 shall be expended for the town of Northborough for replacement of the culvert on Lincoln street; provided further, that not less than $50,000 shall be expended for the bridge on Norfolk street in Boston between the intersections with Corbet street and Willowwood street to be used to improve public safety by redesigning the bridge, installing new steps, adding lights and installing an emergency safety alert system; provided further, that not less than $100,000 shall be expended for the preliminary design of transportation improvements to Vinal square in the town of Chelmsford; provided further that not less than $100,000 shall be expended for parking and traffic improvements in the city known as the town of Braintree; provided further, that not less than $25,000 shall be expended for maintenance and improvements to the land along route 16 between Seagrave road and Columbus avenue in the city of Cambridge; and provided further, that not less than $50,000 shall be expended for culvert repairs in Belmont

And further amend said item by striking out the figure “$392,790,240” and inserting in place thereof the following figure:- $393,705,240

And further amend said section 2E, in item 1595-6369, by inserting after the words “December 30, 2022” the following words:- ; provided further, that the Massachusetts Bay Transit Authority shall expend funds for the complete construction and upgrades to the South Attleboro Commuter Rail station to ensure the complete reopening of the station for commuter rail and commuter service

And further amend said section 2, in item 1599-0026, by inserting after the words “through the District Local Technical Assistance Fund” the following words:- ; provided further, that not less than $50,000 shall be expended for sprinkler repairs at the Marlborough police station; provided further, that not less than $30,000 shall be expended for the installation of a sprinkler system at the Marlborough city hall; provided further, that not less than $100,000 shall be expended for replacement of the garage doors at the Marlborough fire station; provided further, that not less than $75,000 shall be expended for the city of Malden for language access services, including but not limited to, translation of city documents and reports, development of language style guides for non-Romance languages and translation of priority city web pages; provided further, that not less than $25,000 shall be expended for assistance with much needed structure replacements and improvements to ensure children's safety at Billerica elementary schools; provided further, that not less than $25,000 shall be expended for capital projects and repair of the VFW Solomon Post 8819 in the town of Billerica; provided further, that not less than $25,000 shall be expended for renovation and repairs of infrastructure for the Manchaug water district in the town of Sutton; provided further, that not less than $25,000 shall be expended for designing and building a new municipal department of public works barn in Douglas; provided further, that not less than $50,000 shall be expended for the purchase of a pickup truck for the Royalston fire department; provided further, that not less than $60,000 shall be expended for the digitization of municipal records in the town of Wellesley; provided further, that not less than $50,000 shall be expended for the town of Montague for municipal building roof improvements; provided further, that not less than $25,000 shall be expended for the Community Brotherhood of Lynn, Inc. for building restoration and upgrades; provided further, that not less than $150,000 shall be expended for disability accessibility to municipally owned buildings in West Springfield; provided further, that not less than $25,000 shall be expended for the Bellingham senior center to create an emergency management facility for the town and senior population; provided further, that not less than $25,000 shall be expended for the town of Blackstone to replace information technology servers and non-operational radios on three municipal water towers; provided further, that not less than $25,000 shall be expended for the purchase and installation of a full-size generator in the Abington senior center for use in weather-related emergencies as a temporary shelter and a cooling, warming and charging station in the town of Abington; provided further, that not less than $30,000 shall be expended for the purchase and installation of six traffic cameras on certain streets in the town of Saugus; provided further, that not less than $75,000 shall be expended for improvements to the town hall and police station campus in the town of Mendon; provided further, that not less than $50,000 shall be expended for the Andover Baptist Church for structural repairs and mold abatement as a result of damage incurred due to flooding during the 2019 novel coronavirus pandemic and the ensuing shutdown; provided further, that not less than $25,000 shall be expended for the purchase of an emergency portable generator in the town of Sandwich to alleviate municipal building power outages and to maintain the town's information technology infrastructure; provided further, that not less than $50,000 shall be expended for the purchase of an emergency generator located at the department of public works in the town of Sandwich; provided further, that not less than $75,000 shall be expended for the town of Freetown to conduct an updated feasibility study for the new town hall and to paint the Old School House; provided further, that not less than $75,000 shall be expended for sidewalk installation and repairs on route 28 in the town of West Bridgewater; provided further, that not less than $25,000 shall be expended for the town of Foxboro to assist in the creation of a pedestrian friendly walkway within the business district to access outdoor dining and improved parking on route 140 and Central, Wall and Cocasset streets; provided further, that not less than $25,000 shall be expended for a feasibility study, conversion costs and general improvements related to the conversion of the Mansfield police station into a center for the council on aging in the town of Mansfield; provided further; that not less than $200,000 shall be expended for the town of Stoneham for the purchase and operation of a road sweeping vehicle

And further amend said item by striking out the figure “$13,750,600” and inserting in place thereof the following figure:- $15,145,600

And moves to further amend the bill by inserting after section 3A, inserted by Consolidated Amendment “A”, the following section:-

SECTION 3B. Chapter 6A of the General Laws is hereby amended by inserting after section 104 the following section:-

Section 105. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Government agency”, any state agency, quasi-state agency, sub-division of a state agency, or board, commission or any other entity created by the commonwealth.

“Personal identifying information”, information: (i) that directly identifies an individual, including name, address, social security number or other identifying number or code; (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification which can compile an identity, such as a combination of gender, race, birth date, geographic indicator, and other descriptors; or (iii) that permits the physical or online contacting of a specific individual.

(b) Every government agency that collects demographic data as to the race or ethnicity of residents of the commonwealth shall use separate collection and tabulations for the following:

(i) each major Asian group, as reported by the United States Census Bureau, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan and Thai;

(ii) each major Pacific Islander group, as reported by the United States Census Bureau, including, but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan;

(iii) each other Asian or Pacific Islander group;

(iv) each major Black or African American group, as reported by the United States Census Bureau, including, but not limited to, African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean and Somali;

(v) each major Latino group, as reported by the United States Census Bureau, including, but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and

(vi) each major white or Caucasian group, as reported by the United States Census Bureau, including, but not limited to, German, Irish, English, Italian, Polish, Portuguese and French.

(c) Each government agency shall allow individuals to choose more than 1 group, write in their own group or choose the aggregate category. No government agency shall fill out racial or ethnic information unless directed by the individual.

(d) Except for personal identifying information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. This information may be maintained in either paper, electronic or other media form. To prevent identification of individuals, the information may be aggregated into data categories at a state, county, city, census tract or ZIP code level to facilitate comparisons, identify disparities and to be included in studies and reports. This subsection shall not be construed to prevent any other government agency from posting data collected on the agency’s website, in a manner prescribed in this section.

(e)(1) The secretary of administration and finance shall establish regulations and guidelines on the collection of demographic data, which shall include, but not be limited to: (i) a standardized form for information collection; (ii) expanding the categories of race or ethnicity; (iii) a standard format for agencies to make data publicly available and to update said data on an annual basis; (iv) a method to ensure no personal identifying information is publicly released; (v) a standardized written disclosure to the individual filling the form out that information collection is voluntary; (vi) procedures to ensure that nonparticipation in information collection shall have no impact on an individual’s eligibility for state services; and (vii) annual cost impact and review of the successfulness of collecting information.

(2) Annually, there shall be not less than 1 public hearing on the implementation of or changes in the regulations and guidelines.

(3) Annually, not later than August 1, the secretary of administration and finance shall file a report on the progress of data collection to the clerks of the house of representatives and senate and the joint committee on state administration and regulatory oversight.

(f) All data collected by government agencies shall be subject to both state and federal privacy laws, including, but not limited to, Title 13 of the United States Code and section 2 of chapter 93H.

And moves to further amend the bill by inserting after section 39O, inserted by Consolidated Amendment “C”, the following section:-

SECTION 39P. Section 7 of chapter 161A of the General Laws, inserted by section 19 of chapter 29 of the acts of 2021, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The authority shall be governed and its corporate powers exercised by a board of directors. The board shall consist of: the secretary, who shall serve ex officio; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the advisory board who shall have municipal government experience in the service area constituting the authority and experience in transportation operations, transportation planning, housing policy, urban planning or public or private finance; and 6 persons to be appointed by the governor, 1 of whom shall have experience in safety, 1 of whom shall have experience in transportation operations, 1 of whom shall have experience in public or private finance, 1 of whom shall be a rider as defined in section 1 and a resident of an environmental justice population as defined in section 62 of chapter 30, 1 of whom shall be a municipal official representing a city or town located in the area constituting the authority and 1 of whom shall be selected from a list of 3 persons recommended by the president of the Massachusetts State Labor Council, AFL-CIO.

And further amend the bill by inserting, after section 52, the following 2 sections:-

SECTION 52A. Notwithstanding section 103 of chapter 32 of the General Laws or any other general or special law to the contrary, the retirement board of any system that has accepted said section 103 may elect to establish a cost-of-living adjustment increase not less than 3 per cent and not greater than 5 per cent for fiscal year 2023.

The sum of the dollar amount of said cost-of-living increase, together with the amount of retirement allowance, pension, or annuity to which the cost-of-living increase is applied, shall become the fixed retirement allowance, pension or annuity for all future purposes, including the application of subsequent cost-of-living adjustments in future years.

The retirement board shall conduct such election in a public meeting, properly posted, called specifically for such election. The board shall notify the relevant legislative body not later than 30 days before such election. A retirement board may grant a cost-of-living increase not less than 3 percent and not greater than 5 per cent for fiscal year 2023 at any time during said fiscal year.

SECTION 52B. Notwithstanding section 12A of chapter 746 of the acts of 1981, the Massachusetts Port Authority shall not impose or collect fines for violations of its parking regulations in excess of the schedule of fines pursuant to section 20A of chapter 90 of the General Laws, except by regulation.

And moves to further amend the bill by inserting after section 56C, as inserted by Consolidated Amendment “B”, the following section:-

SECTION 56D. Notwithstanding any general or special law to the contrary, the retirement allowance of any member who retired pursuant to chapter 32 of the General Laws prior to July 1, 2022, which included in the calculation of such allowance supplemental payments of any kind upon which retirement contributions were made, which supplemental payments were received while the member was simultaneously receiving workers’ compensation payments pursuant to the provisions of chapter 152 of the General Laws, shall not be reduced, modified, or changed as a result of the inclusion of such supplemental payments. Such prohibition shall also apply to retirement allowances paid to surviving spouses and beneficiaries of such members.

And further amend the bill in section 59 by striking out, in line 868, the figure “3” and inserting in place thereof the following figure:- 5.

And moves to further amend the bill by inserting after section 67 the following section:-

SECTION 67A. Not later than January 1, 2023, the secretary of administration and finance shall promulgate regulations for the implementation of section 3B.

And moves to further amend the bill by inserting after section 69 the following section:-

SECTION 69A. Section 3B shall take effect on January 1, 2024.