Amendment #1 to H.4864

FILED ON: 7/5/2022

HOUSE . . . . . . . . . . . . . . . No. 4977

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act investing in future opportunities for resiliency, workforce, and revitalized downtowns.

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 to 2D, inclusive, 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

6720-1352For 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………………………………...……...$10,000,000

7002-8041For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for a matching grant program that enables academic institutions, nonprofits, industry consortiums, federally funded research and development centers and other technology-based economic development organizations to compete for federal grants in technology and innovation fields including, but not limited to, artificial intelligence and machine learning; cybersecurity, data storage and data management; quantum computing and information systems; robotics and advanced automation; high performance computing, semiconductors and advanced computer hardware; blockchain; supply chain; energy storage and batteries; food security; and advanced materials; and provided further that the matching grant program may also enable participation of these entities in associated workforce development federal grant programs……………………………………………………................ $200,000,000

7002-8042To provide funds to the Massachusetts Broadband Incentive Fund established in section 6C of chapter 40J of the General Laws for capital repairs and improvements to broadband infrastructure owned by the Massachusetts Technology Park Corporation established by section 3 of chapter 40J………………………………….$12,000,000

7002-8043For the Massachusetts Technology Park Corporation established by section 3 of chapter 40J for matching grants that support collaboration among manufacturers located in the commonwealth and institutions of higher education, non-profits and other public or quasi-public entities; provided, that eligible grantees shall include private businesses; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the advanced manufacturing collaborative established by section 10B of chapter 23A; provided further that grants made for the purchase of equipment to be owned by, leased to or located within the premises of a private businesses shall be made in support of a partnership with an institution of higher education or non-profit corporation with a mission of supporting manufacturing in the commonwealth; provided further that a private university or business entity shall not be eligible for a grant unless the corporation has made a finding that a grant to such university or entity will result in a significant public benefit and the private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity.................................... $23,000,000

7002-8044For projects receiving assistance from the Scientific and Technology Research and Development Matching Grant Fund established by section 4G of chapter 40J of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity; provided further that funds shall be expended for life sciences lab equipment and workforce development training in partnership with community colleges, vocational schools and public schools focused in communities underrepresented in the life sciences industry………………………………..……. $24,000,000

7002-8046For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to establish a competitive and secure future innovation program that promotes partnerships between academic institutions, federally funded research and development centers, industry and the venture community that drive innovation in technology fields in the commonwealth including but not limited to the defense, health, commercial and public sectors; provided further that non-profit and private business entities shall be eligible to receive funding from the program; and provided further that that any award to a private entity shall result in a significant public benefit and the private benefit is incidental to a legitimate public purpose............................................................................................................... $50,000,000

7002-8048For the MassWorks infrastructure program established by section 63 of chapter 23A of the General Laws ………………………………………………….. $400,000,000

7002-8047 For matching grants to support advanced manufacturing projects in partnership with institutions of higher education, including state and municipal colleges and universities, non-profits and other public or quasi-public entities; provided that such projects shall be in alignment a Manufacturing USA Institute…………………………...........$30,000,000

7002-8049To enable public entities and other eligible entities within the commonwealth to provide matching funds necessary to receive federal funding for broadband infrastructure, access and deployment in unserved or underserved locations, and for adoption, digital equity and other eligible uses consistent with federal guidelines……………………………………………………………………………...$50,000,000

7002-8051For a program to provide assistance to projects that will improve, rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the public purposes of eliminating blight, increasing housing production, supporting economic development projects, increasing the number of commercial buildings accessible to persons with disabilities and conserving natural resources through the targeted rehabilitation and reuse of vacant and underutilized property; provided, that such assistance shall take the form of a grant or a loan provided to a municipality or other public entity, a community development corporation, non-profit entity or for-profit entity; provided further, that eligible uses of funding shall include, but not be limited to, improvements and additions to or alterations of structures and other facilities necessary to comply with requirements of building codes, fire or other life safety codes and regulations pertaining to accessibility for persons with disabilities, where such code or regulatory compliance is required in connection with a new commercial residential or civic use of such structure or facility, and the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that funding shall be awarded on a competitive basis in accordance with guidelines developed by the agency; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office through a contract with the Massachusetts Development Finance Agency established by section 2 of chapter 23G; provided further, that the executive office or the Massachusetts Development Finance Agency may establish additional program requirements through regulations or policy guidelines; provided further, that financial assistance offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social, racial, and economic equity within the commonwealth; and provided further, that program funds may be used for the reasonable costs of administering the program not to exceed 5 per cent of the total assistance made during the fiscal year…………………………………………………………………………….. $50,000,000

7002-8052For grants and technical assistance to be made to municipalities and regional applicants to support planning and locally-driven initiatives related to community development, housing production, workforce training and economic opportunity, child care and early education initiatives and climate resilience initiatives, including nature-based solutions projects, that incorporate these elements, across the commonwealth within individual communities, regions or a defined subset of communities therein; provided, that funds may be expended for culturally competent and multi-lingual technical assistance and training to small businesses; provided further, that preference for these funds shall be given to businesses located in low- or moderate-income areas and owned by women, veterans, minorities or immigrants; and provided further, that grants shall be awarded in a manner that promotes geographic equity…………………………………………………………………………………....$5,000,000

7002-8053 For the Commonwealth Zoological Corporation established in section 2 of chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and specifications, repairs, construction, renovations, improvements, maintenance, asset management and demolition and other capital improvements including those necessary for the operation of facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. Stone Memorial Zoo; provided, that not less than $2,500,000 shall be used for construction and be required to have a one-to-one match; provided further, that grants shall be awarded in a manner that promotes geographic equity; and provided further, that Zoo New England shall provide a matching amount equal to $1 for every $1 disbursed from this item................................................................................................................................. $9,000,000

7002-8054For a competitive program of grants or other financial assistance to support economic development, job creation and housing and climate resilience initiatives, including nature-based solutions projects that incorporate these elements for the public purpose of rural areas of the commonwealth; provided, that such financial assistance may be offered to a municipality or other public entity, a community development corporation, non-profit entity or for-profit entity; provided further, that such financial assistance shall support a project located in a municipality with a population of not more than 7,000 year-round residents or a population density of not more than 500 persons per square mile; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office through a contract with the Massachusetts Development Finance Agency established by section 2 of chapter23G; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity; and provided further, that the administering agency may establish additional program requirements through regulations or policy guidelines………..…$10,000,000

7002-8056For a competitive grant program administered by the office of travel and tourism; provided, that funds may be used to improve facilities and destinations visited by in-state and out-of-state travelers, with the goals of increasing visitation, enticing repeat visitation and increasing the direct and indirect economic impacts of the tourism industry in all regions of the commonwealth; provided further, that grants shall support the design, repair, renovation, improvement, expansion and construction of facilities owned by municipalities or non-profit entities; provided further, that all grantees to improve facilities and destinations visited by in-state and out-of-state travelers shall provide a match based on a graduated formula determined by the Massachusetts office of travel and tourism; provided further, that grant recipients shall be required to measure and report on return-on-investment data after the expenditure of grant funds; provided further, that the program shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned, and immigrant-owned small businesses, that have historically faced obstacles accessing capital; provided further, that grants shall be awarded in a manner that promotes geographic equity; provided further that funds shall be expended for the renovation of the Old State House……………..… $10,000,000

SECTION 2B.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT Department of Housing and Community Development

7004-0070For state financial assistance in the form of loans for the development of community-based housing or supportive housing for individuals with mental illness and individuals with intellectual disabilities; provided, that the loan program shall be administered by the department of housing and community development through contracts with the Massachusetts Development Finance Agency established in chapter 23G of the General Laws, the Community Economic Development Assistance Corporation established in chapter 40H of the General Laws, operating agencies established pursuant to chapter 121B of the General Laws and the Massachusetts Housing Finance Agency established in chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance community-based housing or supportive housing or may enter into subcontracts with nonprofit organizations, established pursuant to chapter 180 of the General Laws, or organizations in which such nonprofit corporations have a controlling financial or managerial interest or for-profit organizations; provided, however, that preference for the subcontracts shall be given to nonprofit organizations; provided further, that the department shall consider a balanced geographic plan for such community-based housing or supportive housing when issuing the loans; provided further, that the department shall consider development of a balanced range of housing models by prioritizing funds for integrated housing as defined by the appropriate housing and service agencies including, but not limited to, the department of housing and community development, the Massachusetts rehabilitation commission, the department of mental health and the department of developmental services, in consultation with relevant and interested clients, clients’ families, advocates and other parties as necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per cent of the financing of the total development costs; (ii) not be issued unless a contract or agreement for the use of the property for such housing provides for repayment to the commonwealth at the time of disposition of the property in an amount equal to the commonwealth’s proportional contribution from the Facilities Consolidation Fund to the cost of the development through payments made by the state agency making the contract; (iii) not be issued unless the contract or agreement for the use of the property for the purposes of such housing provides for the recording of a deed restriction in the registry of deeds or the registry district of the land court of the county in which the real property is located, for the benefit of the departments, running with the land, that the land shall be used to provide community-based housing or supportive housing for eligible individuals as determined by the department of mental health and the department of developmental services; provided, however, that the property shall not be released from such restriction until the balance of the principal and interest for the loan has been repaid in full or until a mortgage foreclosure deed has been recorded; (iv) be issued for a term not to exceed 30 years, during which time repayment may be deferred by the loan issuing authority; provided, however, that if on the date the loans become due and payable to the commonwealth, an outstanding balance exists and if, on such date, the department, in consultation with the executive office of health and human services, determines that there still exists a need for such housing and that there is continued funding available for the provision of services to such development, the department may, by agreement with the owner of the development, extend the loans for such periods, each period not to exceed 10 years, as the department shall determine; provided further, that the project shall remain affordable housing for the duration of the loan term, including any extension thereof, as set forth in the contract or agreement entered into by the department; provided further, that in the event the terms of repayment detailed in this item would cause a project authorized by this item to become ineligible to receive federal funds which would otherwise assist in the development of that project, the department may waive the terms of repayment which would cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be determined by the department, in consultation with the state treasurer; provided further, that the loans shall be provided only for projects conforming to this item; provided further, that the loans shall be issued in accordance with a facilities consolidation plan prepared by the secretary of health and human services, reviewed and approved by the department and filed with the secretary of administration and finance, the house and senate committees on ways and means, the house and senate committees on bonding, capital expenditures and state assets and the joint committee on housing; provided further, that no expenditure shall be made from this item without the prior approval of the secretary of administration and finance; provided further, that the department of housing and community development, the department of mental health and the Community Economic Development Assistance Corporation may identify appropriate financing mechanisms and guidelines for grants or loans from this item to promote private development to produce housing, to provide for independent integrated living opportunities, to write down building and operating costs and to serve households at or below 15 per cent of area median income for the benefit of department of mental health clients; provided further, that not more than $5,000,000 may be expended from this item for a pilot program of community-based housing or supportive housing loans to serve mentally ill homeless individuals in the current or former care of the department of mental health; provided further, that in implementing the pilot program, the department shall consider a balanced geographic plan when establishing community-based residences; provided further, that the housing services made available pursuant to such loans shall not be construed as a right or an entitlement for any individual or class of persons to the benefits of the pilot program; provided further, that eligibility for the pilot program shall be established by regulations promulgated by the department; and provided further, that the department shall promulgate regulations under chapter 30A of the General Laws to implement, administer and enforce this item, consistent with the facilities consolidation plan prepared by the secretary of health and human services and after consultation with the secretary and the commissioner of capital asset management and maintenance……………………………………...……$32,100,000

7004-0073For state financial assistance in the form of grants or loans for the Housing Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F; provided, that not less than 25 per cent shall be used to fund projects which preserve and produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further, that if the department of housing and community development has not spent the amount authorized under the bond cap for this program, at the end of each year following the effective date of this act, the department may award the remaining funds to projects that serve households earning more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further that funds shall be expended for the first year of the Small Properties State Acquisition Funding Pilot as part of the Housing Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General Laws; provided, that this program shall issue soft loans to supplement other acquisition soft loans administered by municipal or other affordable housing

acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this program shall follow the affordability restrictions of said affordable housing acquisition lenders; provided further, that loans under this program shall be used for the acquisition of buildings of no less than 1 unit and no more than 8 units of residential housing for rental or ownership, or mixed-use buildings, for a term of up to 50 years…................. $73,100,000

7004-0075For state financial assistance in the form of grants for a 5- year demonstration program, administered by the department of housing and community development to demonstrate cost effective revitalization methods for state-aided family and elderly-disabled public housing that seek to reduce the need for future state modernization funding; provided, that housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of 1948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of 1974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration program;; provided further, that the department may exempt a recipient of demonstration grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by the recipient that such exemptions are necessary to accomplish the effective revitalization of public housing and shall not adversely affect public housing residents or applicants of any income who are otherwise eligible; provided further, that the department may provide to recipients of demonstration grants such additional regulatory relief as may be required to further the objectives of the demonstration program; provided further, that funds shall be made available for technical assistance provided by the Community Economic Development Assistance Corporation established in chapter 40H of the General Laws or the Massachusetts Housing Partnership Fund established in section 35 of chapter 405 of the acts of 1985 to recipients of demonstration grants and for evaluation of the demonstration; provided further, that the department’s regulations for the implementation, administration and enforcement of this item shall: (i) require that selected housing authorities demonstrate innovative and replicable solutions to the management, marketing or capital needs of state-aided family and elderly-disabled public housing developments and contribute to the continued viability of the housing as a resource for public housing eligible residents; (ii) encourage proposals that demonstrate regional collaborations among housing authorities; and (iii) encourage proposals that propose new affordable housing units on municipally-owned land, underutilized public housing sites or other land owned by the housing authority; and provided further, that the department shall annually report to the house and senate committees on ways and means, the house and senate committees on bonding, capital expenditures and state assets and the joint committee on housing on the progress of the demonstration program..................................................................................................$19,300,000

7004-0076For state financial assistance in the form of grants or loans for the Housing Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided, that not less than 25 per cent of the funds made available in this item shall be used to fund projects which preserve and produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; …………………………………………............... $29,500,000

7004-0079For state financial assistance in the form of grants or loans to accelerate and support the creation of low-income and moderate-income housing in close proximity to transit nodes; provided, that the program shall be administered to: (i) maximize the amount of affordable residential and mixed-use space in close proximity to transit nodes, resulting in higher density, compact development and pedestrian-friendly, inclusive and connected neighborhoods; (ii) increase mass transit ridership; (iii) decrease traffic congestion and reduce greenhouse gas emissions; and (iv)increase economic opportunity for disadvantaged populations by making it easier for residents of affordable housing to access public transportation, including transportation supporting commutes to employment centers; provided further, that entities eligible to receive financial assistance shall include governmental bodies, community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based non-profit housing organizations, other non-profit organizations and for-profit entities; provided further, that financial assistance provided pursuant to this section shall be made on a competitive basis, with preference for projects in communities disproportionately impacted by the 2019 novel coronavirus health and economic crisis; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity; provided further, that funds may be used to assist units occupied by and affordable to persons with incomes not more than 110 per cent of the area median income as defined by the United States Department of Housing and Urban Development with priority given to projects that provide higher and deeper levels of affordability; provided further, that not less than 25 per cent of the occupants of housing in projects assisted by this item shall be persons whose income is not more than 60 per cent of the area median income as defined by the United States Department of Housing and Urban Development; provided further, that financial assistance offered pursuant to this item may be administered by the department of housing and community development through a contract with the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, which in turn may directly offer financial assistance for the purposes set forth herein or may enter into subcontracts with non-profit organizations established pursuant to chapter 180 of the General Laws for the purposes herein; provided further, that the department may provide financial support to non-profit and for-profit developers that enter into binding agreements to set aside residential units in market-rate, transit-oriented housing, over and above any units required to be set aside under local zoning or approvals, for rent or sale to income-qualified households at affordable rents or sale prices, as applicable; and provided further, that the department may establish additional program requirements through regulations or policy guidelines……………………………………………………………………………. $11,700,000

7004-0081For state financial assistance in the form of grants for projects undertaken pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts entered into by the department of housing and community development for those projects may include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction, redevelopment and hazardous material abatement, including asbestos and lead paint, and for compliance with state codes and laws and for adaptations necessary for compliance with the Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and teen service centers and the adaptation of units for families and persons with disabilities; provided further, that priority shall be given to projects undertaken for the purpose of compliance with state codes and laws or for other purposes related to the health and safety of residents; provided further, that funds may be expended from this item to make such modifications to congregate housing units as may be necessary to increase the occupancy rate of those units; provided further, that the department shall continue to fund a program to provide predictable funds to be used flexibly by housing authorities for capital improvements to extend the useful life of state-assisted public housing; and provided further, that not less than 25 per cent of the funds made available in this item shall be used to fund projects which preserve or produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further that funds shall be expended for the purposes of establishing a trust fund for the long term preservation and maintenance of open and green space at state-aided public housing communities…………………….………….………$95,200,000

7004-0084For financial assistance to accelerate and support the creation and preservation of sustainable and climate resilient affordable multifamily housing; provided, that such financial assistance shall be made to: (i) incorporate efficient, sustainable and climate-resilient design practices in affordable residential development to support positive climate mitigation outcomes; (ii)reduce greenhouse gas emissions and reliance on fossil fuels; (iii)increase resiliency of existing housing developments to mitigate impacts of climate change, including flooding and extreme temperatures; and (iv) enhance emergency preparedness, including sustainable means of power generation to allow for sheltering vulnerable populations in place; provided further, that financial assistance shall be made available on a competitive basis to community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based non-profit housing organizations, other non-profit organizations and for-profit entities; provided further, that funds may be used to assist units occupied by and affordable to persons with incomes not more than 110 per cent of the area median income as defined by the United States Department of Housing and Urban Development with priority given to projects that provide higher and deeper levels of affordability; provided further, that not less than 25 per cent of the occupants of housing in projects assisted by this item shall be persons whose income is not more than 60 per cent of the area median income as defined by the United States Department of Housing and Urban Development; provided further, that financial assistance shall be awarded in a manner that promotes geographic, social, racial, and economic equity provided further, that financial assistance provided pursuant to this section may be administered by the department of housing and community development through contracts with the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, the Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966, or both, which authorities may directly offer financial assistance for the purposes set forth herein or may enter into subcontracts with non-profit organizations established pursuant to chapter 180 of the General Laws for those purposes; and provided further, that the administering agency may establish additional program requirements through regulations or policy guidelines……………………………………………………………………………… $1,000,000

7004-8026 For the Smart Growth Housing Trust Fund established by section 35AA of chapter 10 of the General Laws……………………………………………………….. $6,900,000

SECTION 2C.

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

XXXX-XXXX For the purposes of hiring an outside vendor to conduct a study on the effectiveness of career services and workforce development grant programs administered through the Executive Office of Labor and Workforce Development, including Commonwealth Corporation and MassHire, including but not limited to the following information: (i) status of grants awarded under the program; (ii) the number and names of educational and eligible service providers receiving grants; (iii) the number of participants receiving services under each grant; (iv) the number of participants placed in employment under each grant; (v) the salary and benefits that participants receive after placement for each grant; (vi) the average salary and benefits of participants in each program prior to participation; (vii) the cost per participant for each grant; (viii) job retention or promotion rates one year after training ends; (ix) job retention or promotion rates three years after training ends; (x) cost effectiveness of each program, including savings from public assistance and estimates of future tax contributions for participants; (xi) the number of grants awarded and money given to programs separated by region; (xii) the number of grants awarded and money given to programs separated by primary industry sector; (xiii) demographic information of participants for each grant program, including age, gender, race/ethnicity, educational attainment level, employment status prior to participation, disability status, income level, and use of public assistance; and (xiv) review of the grant application process and timeline for dispersing grants to vendors or applicants………………………………………………………………………………XXXXXX

SECTION 2D.

TREASURER AND RECEIVER GENERAL

0640-1006 For the water pollution abatement trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established in section 2L of chapter 29 of the General Laws for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act or for deposit in the Drinking Water Revolving Fund established in section 2QQ of said chapter 29 for application by the trust to the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act; provided, that funds may be used to assist homeowners in complying with the revised Title 5 of the state environmental code for subsurface disposal of sanitary waste; provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure and Investment in Jobs Act of 2021 (IIJA) also known as the Bipartisan Infrastructure Law (BIL), Public Law No. 117-58;.............................................................................................. $104,000,000

SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section 204, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 204. (a) There shall be an advisory board on employee ownership, hereinafter called the board, to consist of nineteen members including the director of the Massachusetts Office of Business Development or their designee, the Secretary of the Executive Office of Labor and Workforce Development or their designee, the Director of the Massachusetts Growth Capital Corporation or their designee, the CEO of Associated Industries of Massachusetts or their designee, the Director of the Center for Economic Democracy or their designee, the Chapter President of the New England chapter of the ESOP association or their designee, the President of AFL-CIO of Massachusetts or their designee, the President of the University of Massachusetts or their designee, and seven additional members shall be appointed by the Governor who shall represent separate and distinct corporations, each with not less than 30 per cent of company stock owned by an employee stock ownership plan or an employee ownership trust, and four additional members shall be appointed by the Governor who shall represent separate and distinct industrial or worker cooperatives.

(b) Each appointed member shall serve for a term of four years. Upon expiration of the term of a member, a successor shall be appointed, in the same manner for a like term. Any member shall be eligible for reappointment, but may not serve for any period longer than eight years consecutively. Vacancies shall be filled in a like manner for the remainder of the unexpired term. Any member may be removed from their appointment by a vote of the majority of the advisory board.

(c) Ten members of the board shall constitute a quorum and the affirmative vote of ten members shall be necessary and sufficient for any action to be taken by the board. The board shall meet not less than three times annually, and remote participation in meetings shall be allowed. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. Any action taken by the board may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution.

(d) There shall be a chairperson and a vice chairperson of the board elected annually at the first meeting of the advisory board. The board may elect such other officers as it deems necessary.

(e) The board shall advise the Governor and the Director of the Massachusetts Center for Employee Ownership on issues and policy matters pertaining to employee involvement and ownership in the commonwealth. Staff members of the Massachusetts Center for Employee Ownership shall support the administrative functions of the board.

(f) The board shall advise the Director of the Massachusetts Office of Business Development on the selection of a Director of the Massachusetts Center for Employee Ownership.

(g) The board shall adopt by-laws, operating rules, procedures and a mission statement.

SECTION 4. Subsection (i) of section 16G of chapter 6A of the general laws, as so appearing in the 2018 official edition, is hereby amended by adding, at the end of the first paragraph, the following sentence:-

The annual report shall include an analysis of the share of economic development funds administered by state agencies, including loans, grants, tax credits, and technical assistance services, provided to entities certified under federal or state law as a minority-owned business.

SECTION 5. Subsection (i) of section 16G of chapter 6A of the general laws, as so appearing, is hereby further amended by striking out, in the second paragraph, clauses 8, 9, and 10 and inserting in place thereof the following three clauses:-

(8) a report of patents or products resulting from agency-funded activities;

(9) a description of technical assistance that the agency provided; and

(10) the share of loans, grants, tax credits, or technical assistance services provided to entities certified under federal or state law as a minority-owned business.

SECTION 6. Subsection (l) of section 16G of chapter 6A of the general laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The secretary of housing and economic development, with the assistance of economic development planning council appointed under this section, shall develop and implement a written comprehensive economic development policy for the commonwealth and a strategic plan for implementing the policy. The policy shall set long term goals and measurable benchmarks which are not limited to a particular gubernatorial administration and shall give consideration to any impacts the plan may have on businesses employing 10 or fewer people. The strategic plan shall include any major economic development initiatives and programs of the secretariat and any agencies subject to this section. The strategic plan shall also include an assessment of racial and ethnic disparities in employment and business ownership and an analysis of how the economic development initiatives contained in the plan will contribute to reducing such disparities. In developing the policy, the council shall review the published economic development policy and plan in effect at the commencement of the governor's term of office and may hold public hearings throughout the commonwealth. However, the council shall hold at least one public hearing on the topic of racial and ethnic disparities in employment and business ownership in the commonwealth.

SECTION 7. Chapter 7 of the General Laws is hereby amended by inserting after section 62 the following new section:-

Section 63. (a) As used in this section, the following words shall have the following meanings:—

“Anchor institution”, a licensed hospital or college or university physically located in Massachusetts.

“Certified business enterprise”, a state-certified Minority Business Enterprise, Women Business Enterprise, Veteran Business Enterprise, or Portuguese Business Enterprise or a business federally certified either by the National Minority Supplier Development Council, the Women’s Business Enterprise National Council, or the U.S. Small Business Administration.

“Operating expenses”, means operating expenses, excluding physician professional fees, as reflected in the annual financial report submitted to the office.

“SDO”, means the Office of Supplier Diversity.

“Supplier diversity”, means the procurement of goods and services from certified business enterprises, as defined in this section.

“Supplier diversity policy”, means an organization’s statement of its commitment to supplier diversity, a description of the goods and services said organization requires from suppliers in an average fiscal year, and the challenges said organization faces in increasing its supplier diversity.

(b) On or before December 1, 2023, each anchor institution with operating expenses of $50,000,000 or more, or $25,000,000 or more when operating as a component of a larger hospital or university system, shall submit its supplier diversity policy to the SDO. A larger hospital or university system shall be in compliance with this section upon submission of a single supplier diversity policy.

(d) The SDO shall maintain a publicly available directory of certified business enterprises relevant to the supply needs of anchor institutions as outlined in their submitted supplier diversity policy. Said directory shall including a description of the certified business enterprise’s geographic location, business size and ability to scale.

(e) The SDO shall encourage and facilitate participation between certified business enterprises and anchor institutions.

(f) This section shall not be construed to require quotas, set-asides or preferences in an anchor institution’s goods or services.

(g) By January 1, 2024, the SDO shall establish and maintain a link on its internet website that provides public access to the contents of each anchor institution’s supplier diversity policy. The SDO shall include a statement on its internet website that the information contained in the anchor institution’s supplier diversity policy is provided for informational purposes only.

SECTION 8. Chapter 10 of the general laws, as so appearing in the 2018 official edition, shall be amended by adding, after section 10A, the following new section:-

Section 10B. Prior to the state treasurer’s deposit of cash reserves to eligible lending and banking institutions, as defined in section 10A of chapter 10 of the general laws, the treasurer shall ensure the division of banks, as defined in section 1 of chapter 167 of the general laws, has collected data required of lending institutions pursuant to section 13A of chapter 167 of the general laws.

SECTION 9. Chapter 10 of the general laws, as appearing in the 2018 edition, is hereby amended by inserting after section 35LLL, the following new section:

Section 35MMM (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-

“Agency”, the Massachusetts Development Finance Agency.

“Director” or “Executive Director”, the Chief Executive Officer of the Massachusetts Development Finance Agency.

''Fund'', the Small Business District Improvement Fund, established under subsection (b) of section 35MMM of chapter 10 of the general laws.

''Dedicated remote retailers sales tax revenue amount'', all moneys received by the commonwealth equal to 5 per cent of the receipts from sales from remote retailers, which include both remote marketplace sellers and remote marketplace facilitators as defined by 830 CMR 64H.1.9.

(b) There is hereby established on the books of the commonwealth a separate fund to be known as the Small Business District Improvement Fund. There shall be credited to the fund the dedicated remote retailers sales tax revenue amount. Annual receipts into the fund on account of any fiscal year shall be considered to meet the full obligation of the commonwealth to the fund for said fiscal year.

(c) Amounts in the fund shall be held by the Massachusetts Development Finance Agency, as trustee and not on account of the commonwealth, exclusively for the purposes of the fund, and the agency shall disburse amounts in the fund, without further appropriation, upon the request from time to time of its executive director. All amounts in the fund, including investment earnings, shall be available for expenditure by the agency for any lawful purpose.

(d) The agency shall report annually on grants dispersed by the fund to the clerks of the house and senate and to the house and senate committees on ways and means.

(e) The agency shall make expenditures from the fund for the following purposes:

(1) To provide matching grants to implement district management strategies in commercial areas, which may include establishing or strengthening a business improvement district as defined in section 1 of chapter 40o of the general laws, a parking benefit district as defined in section 22A1/2 of chapter 40 of the general laws, a cultural district as defined in section 58A of chapter 10 of the general laws, or other district management strategy approved by the agency, provided that the district is located in a municipality certified as a gateway municipality as defined in section 3A of chapter 23A of the general laws, or a municipality where at least 20% of the population is non-white, or is a cultural or commercial district whose mission includes serving a community that is underrepresented in business ownership in the commonwealth.

(2) To provide grants to help local commercial areas and districts expand their customer base, provided that this financial assistance may be administered through a contract with the Agency. Said grants shall be for amounts not to exceed $250,000 and shall be for a term not to exceed 2 years.

(f) Not later than September 1 of each year, the director shall file a report in writing with the joint committee on community development and small businesses and the house and senate committees on ways and means concerning the grants made in the fiscal year ending on the preceding June 30.

(g) The director, in consultation with the secretary of housing and economic development, shall adopt regulations to carry out this section, including providing an application and selection process.

(h) There shall be established a board to be known as the Small District Improvement Fund Advisory Board. Said board shall consist of 12 members, who shall be citizens of the commonwealth, and appointed by the director. The members of the board shall include: 3 members who shall be selected from a list of 5 individuals recommended by the Massachusetts Association of Community Development Corporations; 3 members who shall be from a list of 5 individuals recommended by the Massachusetts Retailers Association; 3 members who shall be selected from a list of 5 individuals recommended by the Black Economic Council of Massachusetts; and 3 members who shall be from organizations representing business owners of color. Of the members originally appointed, 3 shall serve a term of 1 year, 3 shall serve a term of 2 years, and 3 shall serve a term of 3 years in a manner determined by the director. Thereafter, as the terms of said members expire, the director shall appoint members for terms of 2 years. Vacancies shall be filled by appointment by the director for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. Members shall serve without compensation. The board shall advise the director on the activities and uses of the fund including, but not limited to: reviewing and making recommendations on grant requirements and selection criteria, and reviewing grant applications and making recommendations relative to grant awards. The advisory board shall, from time to time, submit recommendations to the legislature on any legislative changes it deems necessary for the successful operation of the fund.

(i) The director may contract with a private organization to carry out some or all of the agency’s duties provided in this section.

SECTION 10. Chapter 23D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 16, by striking out the words “director of the industrial services program” and inserting in place thereof the following words:- Director of the Massachusetts Center for Employee Ownership.

SECTION 11. Chapter 23D of the General Laws is hereby amended by striking out section 17, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 17. (a) There is hereby established a center for employee ownership within the Massachusetts Office of Business Development established under section 1 of chapter 23A. The center for employee ownership shall provide education, conduct outreach and promote efforts to create an overall environment in the commonwealth which will expand and enhance employee ownership, increase the number of employee owned companies, publicize and promote the benefits of employee involvement and ownership to policy makers and the general public, encourage collaborative outreach efforts regarding involvement and ownership in the workplace, research and evaluate employee involvement and employee ownership in the commonwealth, showcase employee ownership initiatives in the commonwealth, facilitate and coordinate the sharing of existing information and resources, and provide grants pursuant to the provisions of this chapter. The Director of the Massachusetts Center for Employee Ownership shall have the power to hire staff, appoint any specific committee or task force and to contract with consultants, agents or advisors deemed necessary to further the purposes of this section.

(b) The Director of the Massachusetts Center for Employee Ownership may accept gifts or grants of money or property from any source to further the work of the Center for Employee Ownership; provided, however, that any money received shall be deposited with the State Treasurer to be kept in a separate fund in the treasury to be named the Center for Employee Ownership Fund dedicated to the Center for Employee Ownership and for expenditure without appropriation by the Director of the Massachusetts Center for Employee Ownership in accordance with the conditions of such a gift or grant. Amounts remaining in the fund at the end of a fiscal year shall not revert to the general fund and shall be available for expenditure in the next fiscal year and thereafter.

(c) The Director of the Massachusetts center for Employee Ownership shall issue rules, regulations and procedures governing the application for and delivery of services which are deemed necessary for the proper performance of the duties of the center for employee ownership.

(d) Annually, the Director of the Massachusetts Center for Employee Ownership shall file a report with the clerks of the house and senate including an inventory of employee owned businesses in the state and the specific activities taken by the center to support and promote the transition of traditionally structured companies to an employee ownership model.

(f) The Director of the Massachusetts Center for Employee Ownership shall report directly to the Director of the Massachusetts Office of Business Development.

SECTION 12. Subsection (b) of section 29A of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out the definition of “Economically distressed area”.

SECTION 13. The definition of “Project site” in said subsection (b) of section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in line 29, the words “located within an economically distressed area”.

SECTION 14. The definition of “Priority project” in said subsection (b) of said section 29A of said chapter 23G, as so appearing, is hereby further amended by striking out, in line 34, the words “has made” and inserting in place thereof the following words:- has, or will, make.

SECTION 15. Clause (1) of subsection (c) of said section 29A of said chapter 23G,as so appearing, is hereby amended by striking out, in lines 44 and 45, the words “economically distressed areas of”.

SECTION 16. Clause (1) of subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 55 and 56, the words “within an economically distressed area as defined in section 2 of chapter 21E”.

SECTION 17. Clause (4) of said subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in line 66, the figure “$500,000” and inserting in place thereof the following figure:- $750,000.

SECTION 18. Clause (5) of said subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in line 69, the figure “$100,000” and inserting in place thereof the following figure:- $250,000.

SECTION 19. Clause (8) of said subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in line 78, the word “applied;” and inserting in place thereof the following words:- applied, provided that the required contribution may be in the form of in-kind services or other non-cash contribution as the agency may determine in its reasonable discretion;.

SECTION 20. Clause (10) of said subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in line 84, the word “and”.

SECTION 21. Clause (11) of said subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 87 and 88, the words “corporation or an economic development authority.” and inserting in place thereof the following words:- corporation, economic development authority or a non-profit entity in connection with a project that has a demonstrable public benefit, provided that the agency shall establish guidelines for non-profit eligibility; and.

SECTION 22. Said subsection (d) of said section 29A of said chapter 23G, as so appearing, is hereby further amended by adding the following clause:-

(12) preference shall be given to projects located within 1 mile of an environmental justice population as defined in section 62 of chapter 30.

SECTION 23. Clause (1) of subsection (e) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 97 and 98, the words “economically distressed”.

SECTION 24. Clause (1) of subsection (f) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 128 to 130, inclusive, both times they appear, the words “economically distressed area” and inserting in place thereof, in each instance, the following word:- municipality.

SECTION 25. Subsection (l) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 189 and 190, the words “director of economic development or his” and inserting in place thereof the following words:- secretary of housing and economic development or the secretary’s.

SECTION 26. Subsection (m) of said section 29A of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 208 to 210, inclusive, the words “in economically distressed areas that are considered by the ombudsman and the department of economic development” and inserting in place thereof the following words:- that are considered by the ombudsman and the secretary of housing and economic development.

SECTION 27. Section 1 of chapter 23M of the General Laws, as so appearing, is hereby amended by striking out the definition of “Commercial energy improvements” and inserting in place thereof the following definition:-

“Commercial energy improvements”, (1) any renovation or retrofit of a qualifying commercial or industrial property to reduce greenhouse gas emissions; (2) any new construction of a qualifying commercial or industrial property that does not utilize onsite fossil fuel as its primary heating source and reduces greenhouse gas emissions compared to a baseline established by the department; or (3) any installation of renewable energy systems to serve qualifying commercial or industrial property. Such renovation, retrofit or installation must be permanently fixed to such qualifying commercial or industrial property.

SECTION 28. Section 6 of chapter 25A of the General Laws, as so appearing, is hereby amended by inserting after the word “improvements”, in line 52, the second time it appears, the following words:-, exceed required energy code requirements at the time of project permitting or the project meets another nationally-recognized building standard for energy performance as deemed appropriate by the department of energy resources in coordination with the Massachusetts Development Finance Agency.

SECTION 29. Section 22A of chapter 40 of the general laws, as appearing in the 2018 official edition, is hereby amended by inserting after the phrase “improvements to the public realm” in paragraph 1, the following words:- including district management activities and operations

SECTION 30. Section 22C of chapter 40 of the general laws, as appearing in the 2018 official edition, is hereby amended by inserting after the phrase, “public transportation station accessibility improvements” the following words:- district management activities and operations,

SECTION 31. Section 10 of chapter 40G of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any documentary materials or data whatsoever made or received by any member or employee of the corporation, and consisting of, or to the extent that such material or data consist of, trade secrets, or commercial or financial information regarding the operation of any business conducted by an applicant for, or recipient of, any form of assistance which the corporation is empowered to render, or regarding the competitive position of such applicant in a particular field of endeavor, shall not be deemed public records of the corporation and specifically shall not be subject to the provisions of section ten of chapter sixty-six.

SECTION 32. Chapter 40J of the General Laws, as so appearing, is hereby amended by inserting after section 6I the following 2 sections:-

Section 6J. (a) There shall be established within the corporation the Massachusetts Cybersecurity Center, in this section referred to as the center. The purpose of the center shall be to enhance the conditions for economic growth through outreach to the cybersecurity industry cluster in the commonwealth and to foster cybersecurity resiliency through communication, collaboration and outreach with state agencies, municipalities, educational institutions and private partners.

(b) The center shall carry out the purposes of the fund established in section 4H.

(c) The center shall be responsible for convening state and local officials and private sector participants to recommend actions needed to address the cybersecurity resiliency of the commonwealth. The center may also convene regional hubs for business development to support cybersecurity entrepreneurs that are establishing innovative technologies to support resiliency.

(d) The center shall work in collaboration with private sector entities, educational institutions, and state and local government to address cybersecurity issues including, but not limited to: (i) improving the cybersecurity of organizations across the commonwealth, in particular municipalities, small businesses and non-profits, without access to affordable resources to defend against cybersecurity threats and to maintain cyber resiliency; (ii) the shortage of trained workers available to meet the cybersecurity industry’s workforce demands, with a particular focus on increasing the diversity of the cybersecurity workforce; and (iii) the lack of affordable cybersecurity training for employees in all types of businesses.

Section 6K. (a) There shall be established within the corporation the Center for Advanced Manufacturing, in this section referred to as the center. The purpose of the center shall be to support companies engaged in manufacturing in Massachusetts and shall be administered in a manner that takes into account the needs of manufacturers in all regions of the commonwealth and supports growth in the manufacturing sector statewide. The corporation shall design and implement the activities of the center, in consultation with the secretary of housing and economic development and the Massachusetts advanced manufacturing collaborative established pursuant to section 10B of chapter 23A.

(b) The center shall facilitate the growth and competitiveness of the advanced manufacturing sector in the commonwealth by: (i) aligning investments and programs with the commonwealth’s priorities for advanced manufacturing; (ii) leveraging existing state and federal programs that support manufacturers to increase the regional impact of advanced manufacturing; (iii) fostering collaboration throughout the manufacturing ecosystem; (iv) aligning programs and investments in support of federal programs to scale critical and secure supply chains; (v) supporting, coordinating and developing advanced manufacturing workforce training programs; and (vi) creating initiatives that advance the commonwealth’s manufacturing plan established pursuant to section 10B of chapter 23A.

SECTION 33. Section 2 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Approved starter home zoning district”.

SECTION 34. The definition of “Developable land area” in said section 2 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 38, the words “or starter home zoning”.

SECTION 35. The definition of “Eligible locations” in said section 2 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 56, the words “or starter home zoning districts”.

SECTION 36. The definition of “Letter of eligibility” in said section 2 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 78 and 79, the words “or starter home zoning”.

SECTION 37. The definition of “New construction” in said section 2 of said chapter, as so appearing, is hereby amended by striking out, in line 91, the words “under the underlying zoning” and inserting in place thereof the following words:- without the smart growth zoning district.

SECTION 38. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out the definitions of “Production bonus payment” to “Starter home zoning district certificate of compliance”, inclusive, and inserting in place thereof the following 3 definitions:-

"Project'', a proposed residential or mixed-use development within a smart growth zoning district.

"Smart growth zoning district'', a zoning district adopted by a city or town under this chapter that replaces or is superimposed over 1 or more zoning districts in an eligible location, within which a developer may elect to either develop a project in accordance with requirements of the smart growth zoning district ordinance or by-law, or, where superimposed over 1 or more zoning districts, develop a project in accordance with requirements of the underlying zoning district.

"Smart growth zoning district certificate of compliance'', a written certification by the department in accordance with section 7.

SECTION 39. Section 3 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 8, and 19 and 20, the words “or starter home zoning district” each time they appear.

SECTION 40. Said section 3 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 16, the words “or starter home zoning districts”.

SECTION 41. Subsection (a) of section 4 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 3, the words “or starter home”.

SECTION 42. Subsection (b) of said section 4 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 15, the words “or starter home zoning district”.

SECTION 43. Section 5 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 7, 9, and 18 and 19, the words “or starter home zoning district” each time they appear.

SECTION 44. Subsection (c) of said section 5 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 10, the words “as to smart growth zoning districts only,”.

SECTION 45. Section 6 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 1 to 2, the words ‘or starter home zoning district”.

SECTION 46. Clause (3) of subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the second sentence.

SECTION 47. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking clause (5).

SECTION 48. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 40, the words “(6)” and inserting in place thereof the following words:- (5).

SECTION 49. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out clause (7) and inserting in place thereof the following clause:-

(6) A proposed smart growth zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits.

SECTION 50. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 56 and 57, the words “(8) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (7) A proposed smart growth zoning district.

SECTION 51. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 70 and 71, the words “(9) Housing in a smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (8) Housing in a smart growth zoning district.

SECTION 52. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 73 and 74, the words “(10) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (9) A proposed smart growth zoning district.

SECTION 53. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 78 and 79, the words “(11) The aggregate land area of all approved smart growth zoning districts and starter home zoning district” and inserting in place thereof the following words:- (10) The aggregate land area of all approved smart growth zoning districts.

SECTION 54. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 84, the words “(12)” and inserting in place thereof the following words:- (11).

SECTION 55. Said subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 88 and 89, the words “(13) A proposed smart growth zoning district or starter home zoning district” and inserting in place thereof the following words:- (12) A proposed smart growth zoning district.

SECTION 56. Subsection (b) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A smart growth zoning district ordinance or by-law may modify or eliminate the city or town’s dimensional standards in order to support desired densities, mix of uses and physical character.

SECTION 57. Said subsection (b) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 101 and 102, 103, 105 and 106, and 110 and 111, the words “or starter home zoning district” each time they appear.

SECTION 58. Subsection (c) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 116 and 117, the words “or starter home zoning district”.

SECTION 59. Said subsection (c) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out the second sentence.

SECTION 60. Subsection (d) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 122, 125 and 126, and 131, the words “or starter home zoning district” each time they appear.

SECTION 61. Subsection (g) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 149 and 150, the words “or starter home zoning district”.

SECTION 62. Subsection (h) of said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 165 and 166, the words “or starter home zoning district”.

SECTION 63. Subsection (a) of section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “or starter home zoning district certificate of compliance, as applicable,”.

SECTION 64. Clause (1) of said subsection (a) of said section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 9, the words “or starter home zoning district, as applicable”.

SECTION 65. Clause (4) of said subsection (a) of said section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “or starter home zoning district ordinance or by-law, as applicable,”.

SECTION 66. Subsection (b) of said section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 29 and 30, the words “or starter home zoning district ordinance or by-law, as applicable”.

SECTION 67. Section 8 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 7 and 11, the words “or starter home zoning district” each time they appear.

SECTION 68. Section 9 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 2, the words “or starter home zoning district”.

SECTION 69. Subsection (a) of said section 9 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 16 and 17 and 20, the words “or starter home zoning district” both times they appear.

SECTION 70. Subsection (b) of said section 9 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 24 to 26, inclusive, the words “and a one-time production bonus payment to each city or town with an approved starter home zoning district”.

SECTION 71. Said subsection (b) of said section 9 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 27 to 29, inclusive, the words “and $3,000 for each housing unit of new construction created in the starter home zoning district”.

SECTION 72. Subsection (c) of said section 9 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 38, the words “or starter home zoning districts”.

SECTION 73. Section 10 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 5, 21 and 22, the words “or starter home zoning district” both times they appear.

SECTION 74. Said section 10 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 12, the words “In a smart growth zoning district, the” and inserting in place thereof the following words:- The.

SECTION 75. Section 11 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 2, 12, 18, 71, 76, and 130 and 131, the words “or starter home zoning district” each time they appear.

SECTION 76. Section 12 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 3, the words “and starter home zoning district programs” and inserting in place thereof the following words:- program.

SECTION 77. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words “or starter home zoning districts”.

SECTION 78. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “and starter home zoning districts”.

SECTION 79. Said section 12 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 16, and 23 and 24, the words “and one-time production bonus payments” both times they appear.

SECTION 80. Section 14 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 2 and 3, 5 and 6, 8, 15 and 16, and 24, the words “or starter home zoning district” each time they appear.

SECTION 81. Said section 14 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words “or starter home zoning”.

SECTION 82. Subsection (b) of section 5 of chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “department”, in lines 19 and 20, the words”; provided, however, that any such dollar amount limit set by the department shall not be less than $3,000,000”.

SECTION 83. The General Laws are hereby further amended by inserting after chapter 40X the following chapter:-

CHAPTER 40Y.

STARTER HOME ZONING DISTRICTS

Section 1. The purpose of this chapter is to increase housing production and homeownership opportunities in Massachusetts by encouraging the production of smaller and more affordable single-family homes.

Section 2. As used in this chapter, the following words shall have the following meanings:

"Department'', the department of housing and community development.

"Developable land area'', that area within an approved starter home zoning district that can be feasibly developed into residential or mixed use developments determined in accordance with regulations of the department. Developable land shall not include: (i) land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed land area; (ii) open space designated by the city or town as provided in section 4; or (iii) areas exceeding one-half acre of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, such as wetlands. Developable land area may include the land area occupied by or associated with underutilized residential, commercial, industrial or institutional buildings or uses that have the potential to be recycled or converted into residential or mixed use developments as determined in accordance with regulations of the department.

"Historic district'', a local historic district established under chapter 40C.

"Open space'', shall include, but not be limited to, land to protect existing and future well fields, aquifers, and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes, and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use.

“Sustainable development standards”, provisions in the zoning including but not limited to requirements that new development projects (i) minimize site disturbance and permanently preserve undeveloped open space to the greatest extent practicable; and (ii) collect and manage storm water runoff in accordance with low impact development practices.

"Plan approval authority'', a board or other unit of municipal government designated by the city or town to conduct site plan review of proposed starter home projects.

"Production bonus payment'', a one-time payment to a municipality from the Trust Fund for each starter home created in a starter home zoning district.

"Starter home'', a single-family home not exceeding 1,850 square feet in heated living area.

"Starter home zoning district'', a base or overlay zoning district adopted in a municipal zoning ordinance or by-law that complies with the requirements of section 4.

"Trust Fund'', the Smart Growth Housing Trust Fund, established by section 35AA of chapter 10.

"Zoning incentive payment'', a one-time payment to a municipality from the Trust Fund payable upon the municipality’s adoption, and the department’s approval, of an approved starter home zoning district.

Section 3. (a)In its zoning ordinance or by-law, a city or town may adopt a starter home zoning district in any area deemed suitable by the city or town. A starter home zoning district ordinance or by-law, or any amendment to or repeal of such ordinance or by-law, shall be adopted in accordance with section 5 of chapter 40A; provided that the ordinance or by-law, or any amendment to or repeal of such ordinance or by-law, shall be enacted by a simple majority vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are 2 branches, or by a simple majority vote of a town meeting.

(b)Prior to the adoption of a proposed starter home zoning district, a city or town shall request a preliminary determination by the department as to whether the proposed starter home district will comply with the requirements of this chapter. A request for a preliminary determination of eligibility shall be submitted by the chief executive of a city or town on a form prescribed by the department, and shall include: the boundaries of the proposed starter home zoning district; a map and description of the developable land area within the proposed starter home zoning district; a copy of the proposed starter home zoning district ordinance or by-law; narrative and exhibits as needed to establish the elements set forth in section 4; and any additional information the department may require in order to make a preliminary determination of eligibility. The department shall respond to such a request within 45 days of receipt of all information required to make such a preliminary determination of compliance.

(c)After the adoption of a proposed starter home zoning district, the city or town shall request from the department a final approval of the starter home zoning district. The department shall issue a final approval upon finding that the starter home zoning district as adopted complies in all respects with the requirements of this chapter, subject to any conditions imposed by the department as a condition of its approval. The department’s final approval shall be required prior to the disbursement of a zoning incentive payment as set forth in section 7.

(d) The city or town shall provide written notice to the department not less than 45 days before a vote taken to adopt any amendment to the zoning ordinance or by-law as it applies to an approved starter home zoning district. Such notice shall state the number of starter homes that have been built within the district since its adoption and shall include an evaluation the number of projected starter homes, if any, that will remain developable within the starter home district after the adoption of the proposed amendment.

Section 4. A starter home zoning district shall comply with the following minimum requirements:

(1)Starter homes shall be a use permitted as of right at a density of not fewer than 4 units per acre of developable land. No other single-family residential uses shall be permitted as of right or by special permit in the starter home zoning district, except the zoning may permit construction of an accessory dwelling unit of 600 square feet or less on the same lot as a starter home. Accessory commercial and other non-residential uses may be allowed in a starter home district with the approval of the department.

(2)Each starter home district shall incorporate sustainable development standards that apply to all starter home developments.

(3)At least 50 per cent of the starter homes to be developed in a proposed starter home district, excluding accessory dwelling units, must contain 3 or more bedrooms.

(4)The zoning ordinance or by-law for each proposed starter home zoning district shall provide that, for any proposed development of more than 12 starter homes, not less than 10 per cent of said starter homes shall be affordable to and occupied by individuals and families whose annual income is less than 110 per cent of the area median income as determined by the United States Department of Housing and Urban Development. The zoning shall specify the mechanism by which the city or town will ensure a project complies with such affordability requirements when applicable, and may require the execution and recording of an affordable housing restriction, as defined in section 31 of chapter 184.

(5)Proposed starter home zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits. In addition, a proposed starter home zoning district shall not be subject to any municipal environmental or health ordinances, bylaws or regulations that exceed applicable requirements of state law or regulation and would render infeasible the development contemplated under the application for such district, as determined by the department.

(6)A starter home zoning district shall not impose restrictions on age or any other occupancy restrictions on the district as a whole or any portion thereof or project therein.

(7)Housing in a starter home zoning district shall comply with federal, state and local fair housing laws.

(8)The total land area of all starter home zoning districts in a city or town may not exceed 15 per cent of the total land area in the city or town. Upon request, the department may approve a larger land area if such approval serves the goals and objectives of this chapter.

Section 5. (a)The zoning applicable to a starter home zoning district may require that individual projects design site plans in a manner that preserves developable land as open space, provided that the zoning allows for 4 starter homes per acre including the developable land preserved as open space. The zoning may provide for such open space to be preserved through a conservation restriction as defined in section 31 of chapter 184, by the grant of an easement or restriction to the municipal conservation commission, or by such other means as is permitted by state law.

(b) A local historic district may overlap with a starter home zoning district in whole or in part, so long as the local historic district does not render the city or town noncompliant with this chapter, as determined by the department.

(c)The zoning applicable to a starter home zoning district may include reasonable design standards applicable to individual starter home projects, to ensure that the physical character of development within the starter home zoning district is complementary to adjacent buildings and structures. Such standards may address the scale and proportions of buildings, the alignment, the width and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs and buffering in relation to adjacent properties. A design standard shall not be adopted if it will add unreasonable costs to starter home developments or unreasonably impair the economic feasibility of proposed starter home projects.

(d)The zoning ordinance or by-law may provide for site plan review of proposed starter home projects, provided such review is consistent with and subject to the following limitations:

(1)The ordinance or by-law may require the applicant to pay for reasonable consulting fees to provide peer review of the applications for the benefit of the plan approval authority, provided that fees shall be held by the municipality in a separate account and used only for expenses associated with the review of the development application by outside consultants and any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.

(2)The starter home zoning district ordinance or by-law may provide for the referral of the plan to municipal officers, agencies or boards other than the plan approval authority for comment, provided that any such board, agency or officer shall provide any comments to the plan approval authority within 60 days of its receipt of a copy of the plan.

(3)Notwithstanding any provision in the zoning code or by-law to the contrary, the decision of the plan approval authority shall be made, and a written notice of the decision filed with the city or town clerk, not later than 120 days after the receipt of a complete application by the city or town clerk, unless such timeframe for decision is extended by written agreement between the applicant and the plan approval authority. Failure of the plan approval authority to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan. An applicant who seeks approval of a plan by reason of the failure of the plan approval authority to act within said 120 days shall notify the city or town clerk, in writing, within 14 days after the expiration of said 120 days or extended time, if applicable. Such notice to the city or town clerk shall specify relevant details of the application timeline demonstrating the lack of decision.

(4)Notwithstanding anything to the contrary in the zoning ordinance or by-law, the plan approval authority may approve a site plan subject only to those conditions that are necessary to (i) ensure substantial compliance of the proposed project with the requirements of the starter home zoning district ordinance or by-law; (ii) ensure public safety or the safety of persons living in or visiting the proposed project, or (iii) mitigate any extraordinary adverse impacts of the project on nearby properties.

(5)The department may establish additional standards or limitations for site plan review pursuant to this section.

Section 6. Not less frequently than once per year, on or before a date specified by the department, each city or town with one or more approved starter home zoning districts shall submit to the department the following information:

(1)Whether the city or town has repealed or amended, or proposed to amend or repeal, any of the requirements applicable to the starter home zoning district or districts;

(2)Whether there are any pending proposals to construct starter homes within the starter home district or districts; and

(3)Whether any starter homes have been constructed within the starter home district or districts, and if so, whether those projects comply with the zoning requirements applicable to the district or districts.

Section 7. Subject to any conditions imposed by the department as a condition of approving a starter home zoning district, each city or town with an approved starter home zoning district shall be entitled to a one-time zoning incentive payment upon approval of the district by the department in accordance with the schedule set forth in subsection (a) of section 9 of chapter 40R and a production bonus payment in the amount of $3,000 for each starter home created in the starter home zoning district.

Section 8. (a) The department may revoke its approval of an approved starter home zoning district if, at any time, the department determines that:

(1) A city or town with an approved starter home zoning district has not complied with the requirements set forth in this chapter;

(2) The zoning applicable to an approved starter home zoning district no longer complies with the requirements of this chapter;

(3)The zoning applicable to an approved starter home zoning district has been amended in such a way that reduces the number of starter homes that can be developed within the starter home district; or

(4) No building permits have been issued for any starter homes within the starter home zoning district within 5 years from the date of the department’s approval of the district.

The department may revoke the approval of an approved starter home zoning district only after conducting a hearing in accordance with chapter 30A, unless the municipality in writing waives its right to such a hearing. The department’s revocation of approval shall not affect the validity of the starter home zoning district ordinance or by-law, as applicable, or the application of such ordinance or by-law to land, development or proposed development within the starter home zoning district.

(b) If the department revokes its approval of an approved starter home district, then the affected city and town shall repay to the department the zoning incentive payment, or such portion thereof as the department may specify. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.

Section 9. The department shall have authority to issue regulations and guidelines to implement this chapter.

SECTION 84. Section 21C of chapter 59 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding after subsection (n) the following new subsection:-

(o) The local appropriating authority may, by accepting this paragraph, provide that taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, solely for payment, in whole or in part, of Regional Vocational school debt service charges that the school board responsible for determining the debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local taxes.

SECTION 85. Section 6 of Chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is further amended by adding the following subsection:

(x). There shall be established a pilot program for a live theater tax credit program under which a live theater company doing business with a Massachusetts based theater venue, theater company, theater presenter or producer may be eligible. The credit may be claimed against the taxes due pursuant to this chapter. The credit shall be established to support the expansion of pre-Broadway, National Tour launches of off-Broadway shows and pre off-Broadway live theater and Broadway tour launches and shall assist in the development of long run show development and growth.

(1) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Commissioner”, the commissioner of revenue.

“Eligible theater production” means a live stage musical, dance or theatrical production or tour being presented in a qualified production facility, as defined in this chapter that is either: (a) a Pre-Broadway production, or (b) a pre off-Broadway production, or (c) a National Tour Launch.

“Eligible theater production certificate” means a certificate issued by the Massachusetts Office of Travel and Tourism certifying that the production is an eligible theater production that meets the guidelines of this chapter.

“Advertising and public relations expenditure” means costs incurred within the state by the Eligible theater productions for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards and other forms of advertising to promote the Eligible theater production.

“Office” means the Massachusetts Office of Travel and Tourism.

"Payroll" means all salaries, wages, fees, and other compensation wages including, but not limited to, taxes, benefits, and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within this state to and on behalf of an eligible theater production. The expenditure shall be incurred or paid by the applicant for services related to any portion of an eligible theater production from its pre-production stages, including, but not limited to, (a) the writing of the script, (b) casting, (c) hiring of service providers, (d) purchases from vendors, (e) marketing, (f) advertising, (g) public relations, (h) load in, (i) rehearsals, (j) performances, (k) other eligible theater production related activities, (l) load out; provided further, said labor expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year.

“Pre-Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for New York City’s Broadway theater district within twenty-four (24) months after its Massachusetts presentation.

“Pre-Off Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for New York City’s Off-Broadway s theater district within twenty-four (24) months after its Massachusetts presentation.

“National Tour Launch” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its National tour in Massachusetts.

“Production and Performance Expenditures” means a contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, performance or operating expenditures incurred in this state for a qualified theater production including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, payroll, transportation expenditures, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.

“Qualified Production Facility” means a facility located in the State of Massachusetts in which live theatrical productions are, or are intended to be, exclusively presented that contains at least one stage, a seating capacity of ninety-nine (99) or more seats, and dressing rooms, storage areas, and other ancillary amenities necessary for the Eligible theater production.

“Massachusetts Office of Travel and Tourism” means the office within the secretariat of economic development that has been established in order to market Massachusetts as a leisure travel destination in order to generate state and local tax revenues, create jobs, and support travel-related businesses.

“Transportation expenditures” means expenditures for the packaging, crating, and transportation both to the state for use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured out of state, and/or from the state after use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured in this state and the transportation of the cast and crew to and from the state. Such term shall include the packaging, crating, and transporting of property and equipment used for special and visual effects, sound, lighting, and staging, costumes, wardrobes, make-up and related accessories and materials, as well as any other performance or production-related property and equipment.

(2) Any person, firm, partnership, corporation, trust, estate or other entity located outside of the City of Boston that receives an eligible theater production certificate shall be allowed a tax credit equal to forty percent (40%) of the total in state labor costs and thirty percent (30%) of the production and performance expenditures and transportation expenditures as well as all out of state labor costs for the eligible theater production and to be computed as provided in this chapter against a tax imposed by this chapter. Any person, firm, partnership, corporation, trust, estate or other entity located inside the City of Boston that receives an eligible theater production certificate shall be allowed a tax credit equal to thirty-five percent (35%) of the total in state labor costs and twenty five percent (25%) of the production and performance expenditures and transportation expenditures as well as all out of state labor costs for the eligible theater production and to be computed as provided in this chapter against a tax imposed by this chapter. Said credit shall not exceed five million dollars ($5,000,000) and shall be limited to certified production cost directly attributable to activities in the state and transportation expenditures defined above. The total production budget shall be a minimum of one hundred thousand dollars ($100,000).

(3) No more than five million dollars ($5,000,000) in total may be issued for any tax year for musical and theatrical production tax credits pursuant to this chapter. If the total amount of allocated credits applied for in any particular year exceeds the aggregate amount of tax credits allowed for such year under this chapter, such excess shall be treated as having been applied for on the first day of the subsequent year.

(4) The tax credit shall be allowed against the tax for the taxable period in which the credit is earned and can be carried forward for not more than five (5) succeeding tax years.

(5) Credits allowed to a company, which is a subchapter S corporation, partnership, or a limited liability company that is taxed as a partnership, shall be passed through respectively to persons designated as partners, members or owners of such companies on a pro rata basis or pursuant to an executed agreement among such persons designated as subchapter S corporation shareholders, partners, or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.

(6) If the company has not claimed the tax credits in whole or part, taxpayers eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity and such assignee of the tax credits that have not claimed the tax credits in whole or part may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credit against taxes imposed on the assignee for not more than five (5) succeeding tax years. The assignor shall perfect the transfer by notifying the commissioner of revenue, in writing, within thirty (30) calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out the provisions of this section.

(7) For purposes of this chapter, any assignment or sales proceeds received by the assignor for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from tax under this title.

(8) In the case of a corporation, this credit is only allowed against the tax of a corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return, provided, however, that in the case of a corporation that files a consolidated return with one or more other corporations with operations in Massachusetts, the credit will be allowed to be included in a consolidated return with respect to such corporations with operations in Massachusetts only.

(9) The applicant or applicants shall properly prepare, sign and submit to the Massachusetts office of travel and tourism an application for initial certification of the theater production. The application shall include such information and data as the office deems reasonably necessary for the proper evaluation and administration of said application, including, but not limited to, any information about the theater production company or their related partners/presenters and a specific Massachusetts live theater or musical production. The office shall review the completed applications and determine whether it meets the requisite criteria and qualifications for the initial certification for the production and/or presentation. If the initial certification is granted, the office shall issue a notice of initial certification of the eligible theater production and/or presentation to the theater production company, co-producer or presenter and to the commissioner. The notice shall state that, after appropriate review, the initial application meets the appropriate criteria for conditional eligibility. The notice of initial certification will provide a unique identification number for the production/presentation and is only a statement of conditional eligibility for the production/presentation and, as such, does not grant or convey any Massachusetts tax benefits.

(10) Upon completion of an eligible theater production, the applicant or applicants shall properly prepare, sign and submit to the office an application for final certification of the eligible theater production. The final application shall also contain a cost report and an accountant’s certification. The office and commissioner may rely without independent investigation, upon the accountant s certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. Upon review of a duly completed and filed application and upon no later than thirty (30) days of submission thereof, the commissioner will make a determination pertaining to the final certification of the eligible theater production and the resultant tax credits.

(11) Upon determination that the company qualifies for final certification and the resultant tax credits, the commissioner shall issue to the company: (i) an eligible theater production certificate; and (ii) a tax credit certificate in an amount in accordance with section (2) hereof. A musical and theatrical production company is prohibited from using state funds, state loans or state guaranteed loans to qualify for the live theater tax credit. All documents that are issued by the office pursuant to this section shall reference the identification number that was issued to the production as part of its initial certification.

(12) The Massachusetts office of travel and tourism, in consultation as needed with the commissioner of revenue, shall promulgate such rules and regulations as are necessary to carry out the intent and purposes of this chapter in accordance with the general guidelines provided herein for the certification of the production and the resultant production credit.

(13) If information comes to the attention of the Massachusetts Office of Travel and Tourism that is materially inconsistent with representations made in an application, the office may deny the requested certification. In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs and such tax credits have been transferred, assigned and/or allocated, the state will pursue its recapture remedies and rights against the applicant of the theater production tax credits. No redress shall be sought against assignees, sellers, transferees or allocates of such credits.

(14) No credits shall be issued on or after January 1, 2028 unless the production has received initial certification under this section prior to January 1, 2028.

(15) The secretary of housing and economic development, in conjunction with the commissioner of revenue, shall make a report on the impact of the live theater pilot program and deliver report to the president of the state senate, the senate committee on ways and means, the speaker of the house of representatives, the house committee on ways and means and the joint committee on economic development and emerging technologies by December 31, 2027. The secretary and commissioner shall collaborate with the live theater industry to collect the relevant data for the report. Said report shall include but not be limited to the following information regarding live theater in Massachusetts during the pilot program:

1.) The number of shows that have come to Massachusetts since passage of this section.

2.) The number of live show days since passage of this section.

3.) Analysis of the number of shows and live show days after passage of this section as compared to before passage of this section.

4.) Total spending by live theater productions on local businesses and vendors including supplies, hotels, car rental, food and beverage, and items related to the live theater production.

5.) Total spending on local labor to set-up, support and take down each production including total work hours.

6.) The number of ticket orders from outside Massachusetts.

7.) The number of ticket orders from outside the United States.

8.) The impact on local businesses in proximity to live theaters including hotel room nights and restaurants.

SECTION 86. Paragraph (1) of subsection (j) of section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 290, as so appearing, the figure “2023” and inserting in place thereof the following figure:- 2028.

SECTION 87. Said paragraph (1) of said subsection (j) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in line 296, the figure “2024” and inserting in place thereof the following figure:- 2029.

SECTION 88. Paragraph (4) of said subsection (j) of said section 6 of said chapter 62, as so appearing, is hereby amended by adding the following sentence:- For the purpose of the Brownfields Redevelopment Fund, state financial assistance shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner.

SECTION 89. 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 896 to 898, inclusive, the words “The total amount of credits that may be authorized by DHCD in a calendar year pursuant to this subsection and section 38BB of chapter 63 shall not exceed $10,000,000 and” and inserting in place thereof the following 3 sentences:- DHCD may authorize up to $57,000,000 in credits during FY23 and up to $30,000,000 in credits annually thereafter under this subsection and section 38BB of chapter 63. In addition, DHCD may authorize annually (i) any portion of the annual cap on credits not authorized by DHCD in the preceding calendar years under this subsection or said section 38BB of said chapter 63; and (ii) any credits under this subsection or said section 38BB of said chapter 63 returned to DHCD by a certified housing development project. The total amount of credits authorized during a year.

SECTION 90. Said paragraph (5) of said subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby further amended by inserting, in line 900, after the words “chapter 63;” the following word:- and.

SECTION 91. Said paragraph (5) of said subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 903 to 905, inclusive, the words “Any portion of the $10,000,000 annual cap not awarded by the DHCD in a calendar year shall not be applied to awards in a subsequent year.”

SECTION 92. Said paragraph (5) of said subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in line 906, the words “The DHDC” and inserting in place thereof the following word:- DHCD.

SECTION 93. Paragraph (1) of subsection (v) of said section 6 of said chapter 62, as so appearing, is hereby amended by adding, in line 1158, after the words “NAICS code 31-33”, the following words:- and other expansion industries new to apprenticeship the secretary of labor and workforce development identifies as critical to a regional labor market economy.

SECTION 94. Subsection (a) of section 38Q of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “2023” and inserting in place thereof the following figure:- 2028.

SECTION 95. Said subsection (a) of said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 9, the figure “2024” and inserting in place thereof the following figure:- 2029.

SECTION 96. Subsection (d) of said section 38Q of said chapter 63, as so appearing, is hereby amended by adding the following sentence:- For the purpose of the Brownfields Redevelopment Fund, state financial assistance shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner.

SECTION 97. Subdivision (5) of section 38BB of said chapter 63, as so appearing, is hereby amended by striking out, in lines 42 to 44, inclusive, the words “The total amount of credits that may be authorized by DHCD in a calendar year under this section and subsection (q) of section (6) of chapter 62 shall not exceed $10,000,000 and” and inserting in place thereof the following 3 sentences:- DHCD may authorize up to $57,000,000 in credits during FY23 and up to $30,000,000 in credits annually thereafter under this section and subsection (q) of section (6) of chapter 62. In addition, DHCD may authorize annually (i) any portion of the annual cap on credits not authorized by DHCD in the preceding calendar years under this section or said subsection (q) of said section (6) of said chapter 62; and (ii) any credits under this section or said subsection (q) of said section (6) of said chapter 62 returned to DHCD by a certified housing development project. The total amount of credits authorized during a year.

SECTION 98. Said subdivision (5) of said section 38BB of said chapter 63, as so appearing, is hereby further amended by inserting, in line 46, after the words “chapter 62;” the following word:- and.

SECTION 99. Said subdivision (5) of said section 38BB of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 50 to 52, inclusive, the words “Any portion of the $10,000,000 annual cap not awarded by DHCD in a calendar year shall not be applied to awards in a subsequent year.”

SECTION 100. Subsection (a) of section 38HH of said chapter 63, as so appearing, is hereby amended by adding, in line 18, after the words “NAICS code 31-33”, the following words:- and other expansion industries new to apprenticeship the secretary of labor and workforce development identifies as critical to a regional labor market economy.

SECTION 101. Chapter 69 of the General Laws is hereby amended by adding the following four sections:-

Section 37. For the purposes of sections 38 through 42, inclusive, the following terms shall have the following meanings, unless the context clearly requires otherwise:-

“Career technical education” or “CTE”, shall have the same meaning as vocational-technical education as defined in section 1 of chapter 74.

“Office”, the office of career technical education.

Section 38. There shall be established within the department of elementary and secondary education an office of career technical education, which shall be under the supervision and management of the deputy commissioner of career technical education. The deputy commissioner shall be appointed by the commissioner of elementary and secondary education, with the approval of the board. It shall be the duty of the deputy commissioner to improve and maximize career technical education throughout the commonwealth, and to collaborate with the board to promulgate regulations and develop and implement polices to enhance all career technical education programs in the commonwealth, including but not limited to ensuring the enforcement of regulations relative to certificates of occupational proficiency.

Section 39. The office, established pursuant to section 38 of this chapter, shall promote and support with available resources innovative and collaborative career technical education demonstration programs in which students split time between their comprehensive high school and a school offering said programs pursuant to chapter 74. Under said programs, participating students shall take required academic classes in the morning and vocational courses in the afternoon when the equipment is available.

Section 40. (a) The office, established pursuant to section 38 of this chapter, shall develop credentials for students graduating from high quality CTE programs in applied knowledge, effective relationships, and workplace skills as described in the federal Employability Skills Framework.

(b) The office shall ensure instructional ability and competence of CTE instructors through the utilization of occupational advisory boards and nationally validated teacher competency testing.

(c)The office shall utilize both pre- and post-technical assessment in both cognitive and psychomotor domains to determine what students know and are able to do.

(d) The office shall collaborate with recognized industry credential providers to develop state-customized credentials to measure career readiness through skill assessments appropriate to each tier of CTE.

(e) The office shall consider the use of the 21st Century Skills for Workplace Success Credential, which validates overall workplace readiness skills and is aligned to the Employability Skills Framework of the federal Office of Career and Technical Adult Education. This credential may be utilized to validate basic competencies before participation in externships or school-based enterprises, and it may be utilized with state one-stop career centers or as a graduation or completion requirement for post-graduate and post-secondary chapter 74 programs.

(f) The office shall support the use of Industry Recognized Credentials, known as IRCs, in chapter 74 programs.

(g) The office shall support the use of both longitudinal and pre- and post-student assessment as a means of obtaining meaningful data for curricular improvement. Data may be utilized for facilities improvement, equipment investments, mission success, and professional development.

(h) The office shall engage in statewide data sharing agreements with credential providers that include a variety of access portals for a variety of levels of personnel, including but not limited to state and local CTE administration, CTE teachers, parents, and students, giving access to stakeholders to assess program effectiveness.

(i) The office shall encourage and work to increase the use of articulation agreements with community colleges and public universities and other dual credit programs to allow CTE students to earn credit and stacked credentials that lead to an associate degree.

(j) The office shall implement and promote efforts, including those related to student outreach and retention, to ensure that CTE programs are accessible to all students, including English language learners, students with disabilities, and student populations traditionally underrepresented in CTE programs.

SECTION 102. Chapter 70 of the General Laws, as most recently amended by chapter 132 of the Acts of 2019, is hereby further amended by inserting the following new section:-

Section 10A. Expansion Grants for Regional Vocational Schools

(a) In addition to the funding otherwise provided pursuant to this chapter, any regional or county vocational or agricultural school shall, subject to appropriation, receive a one-year expansion grant in any fiscal year in which its foundation enrollment increases by more than two percent over its foundation enrollment for the previous fiscal year.

(b) The amount of said expansion grant shall be calculated by multiplying the number of additional students in its foundation enrollment, over its foundation enrollment for the previous fiscal year, by its per-student foundation budget amount. The per-student foundation budget amount shall be calculated by dividing the district’s foundation budget amount for the current year by its foundation enrollment for the prior fiscal year.

(c) The department shall annually solicit information from all regional and county vocational and agricultural schools as needed to estimate the amounts required to fund expansion grants in the coming fiscal year for all such schools, and the department shall request appropriation of the amount required to fully fund such expansion grants.

(d) If the amount appropriated for expansion grants in a fiscal year is less than the amount required to fully fund such grants, then each eligible regional or county vocational or agricultural school shall receive a share of the appropriated funds proportional to the share that its expansion grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants for all schools, pursuant to said subsection.

SECTION 103. Section 3A of Chapter 70B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the number “17” and inserting “19” in place thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the following:-

“, Massachusetts Association of Vocational Administrators, Inc., Alliance for Vocational Technical Education,”

SECTION 104. Subsection (q) of section 16 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out the word “five”, and inserting in place thereof the word “twenty-five”.

SECTION 105. Section 127I of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-

Following appointment of a receiver for a vacant residential property, the court, upon motion by the receiver with notice to the owner, mortgagee, and all interested parties, may allow for the sale of the property to a nonprofit entity for fair market value in its then current condition. Any such sale shall be conditioned upon the court finding that the nonprofit will correct all outstanding state sanitary code violations and rehabilitate the property for affordable sale to a first-time homebuyer from a household whose income is not more than 120 per cent of median income as determined by the federal Department of Housing and Urban Development, and further that the nonprofit has the expertise and resources necessary to do so. Any such motion filed by the receiver under this section shall not be heard by the court for at least thirty days following the filing date, during which period the owner, mortgagee, and any other interest parties may join a motion for leave to correct all state sanitary code violations at the property. Upon finding that the owner, mortgagee, or other interested party has the intention and ability to correct the code violations, the court shall stay hearing on the receiver’s motion for a reasonable period of time to allow the owner, mortgagee, or other interested party to do so.

SECTION 106. Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by inserting, after the definition of “Blighted open area,” the following definition:-

“Capital funds”, funds advanced by the department to a housing authority financing capital outlays for housing production or preservation from proceeds of a bond authorization as defined in section 1 of chapter 29.

SECTION 107. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by inserting, after the definition of “Relocation project,” the following definition:-

“Replacement units”, 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 108. 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 credit of commonwealth is not pledged and 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 109. Subsection (k) of section 26 of said chapter 121B, as amended by section 72 of chapter 39 of the acts of 2021, is hereby further amended by inserting, in line 91, after the word “sale,” the following words:- or other disposition.

SECTION 110. Said subsection (k) of said section 26 of said chapter 121B, as so amended, is hereby further amended by striking out paragraphs (1) through (4), inclusive, 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 (i) a shortage of low-rent housing no longer exists in the applicable city or town, or (ii) 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 a value determined through procedures customarily accepted by the appraising profession as valid, 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 housing authority has selected, through a qualifications-based competitive procurement process approved by the department, a developer best qualified to develop, own and operate the new or rehabilitated housing on the existing land, to provide for such development of the new housing within a reasonable time in accordance with department-approved contracts, and to assure 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 111. Said subsection (k) of said section 26 of said chapter 121B, as so amended, 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 this chapter and the department’s regulations in so far as the statute and regulations apply to tenancy at and application to public housing, as determined by the department, 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. 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.

SECTION 112. Subsection (p) of said section 26 of said chapter 121B, as so appearing in the 2020 Official Edition, is hereby further amended by striking out, in line 243, the words “section or section 34” and inserting in place thereof the following words:- any provision of this chapter.

SECTION 113. Said subsection (p) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by inserting, in line 248, after the words “feasible to”, the following words:- maintain or to.

SECTION 114. Said subsection (p) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by inserting, in line 252, after the word “demolition”, the following words:- or other disposition.

SECTION 115. Said subsection (p) of said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 254, the words “as of November 1, 2012”, and inserting in place thereof the following words:- for reasons DHCD has determined not to be the fault of the housing authority for at least 2 years,.

SECTION 116. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by adding the following subsection:-

(q) Notwithstanding any general or special law to the contrary, including without limitation section 16 of chapter 30B, a housing authority may dispose of property pursuant to this section or section 34 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 said subsection (k).

SECTION 117. 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 sections 32 or 34, 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 said sections 32 or 34 shall not be required to: (i) participate in a training program under section 5B; (ii) submit contracts with its executive director to the department for review pursuant to section 7A; (iii) participate in the performance-based monitoring program established pursuant to section 26B; (iv) participate in the regional capital assistance team program established pursuant to section 26C; (v) prepare and submit an annual plan pursuant to section 28A and this section; or (vi) prepare and submit, or make available, a written report and agreed upon procedures for review of housing authority financial records pursuant to this section.

SECTION 118. 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 119. 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. 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 120. 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 or federally-aided public housing projects where the land, buildings or structures associated with the housing project have been conveyed or transferred to an affiliated non-profit or 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 in accordance with subsection (q) of section 26. Provided further that all construction, reconstruction, alteration, installation, demolition, maintenance or repair shall be subject to sections 26 to 27F, inclusive, and section 29 of chapter 149. The Department shall request rates and updates from the Division of Labor Standards for these projects.

SECTION 121. Chapter 167 of the General Laws, as so appearing in the 2018 Official Edition, shall be amended by adding, after section 13 the following new section:-

Section 13A. (a) The division of banks shall require the collection of small business lending data from all lenders, including online lenders, and small businesses on an annual basis. The division shall also analyze the impacts that lenders, including online lenders, and their practices have on minority borrowers in the Commonwealth.

(b) The division shall promulgate regulations relative to the required collection of small business lending data. Said regulations shall include, but not be limited to the following:

(1) the establishment of a central depository of the collection and analysis of small business lending data, to include, but not be limited to the following: lending and banking institutions’ average annual percent rates, default rates, and fees.

(2) procedures for the solicitation and acceptance of reports regarding small businesses’ incidents of predatory lending practices.

(3) procedures for assessing the credibility and accuracy of reports of small business lending data from lending institutions.

(c) The division shall file an annual report with the information obtained pursuant to subsections (a) and (b) as well as recommendations for best practices for small business borrower lending with the house and senate clerks and the house and senate chairs of the joint committee on financial services not later than July 1.

SECTION 122. Sections 46, 48, 61, 63 and 124A of chapter 287 of the acts of 2014, as most recently amended by section 26 of chapter 99 of the acts of 2018, are hereby repealed.

SECTION 123. Notwithstanding any general or special law to the contrary, the commissioner of conservation and recreation is authorized to amend and extend for a 30-year period the existing lease authorized under chapter 287 of the acts of 1977.

SECTION 124. 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, $883,000,000 All bonds issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth Economic Development Act of 2022", 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, 2057. 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 125. 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, $268,800,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth Economic Development Act of 2022", 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, 2057. 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 126. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2C, 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, $XXXXXX. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth Economic Development Act of 2022", 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, 2057. 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 127. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2D, 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, $104,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth Economic Development Act of 2022", 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, 2057. 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 128. (a) The Massachusetts Convention Center Authority shall update and supplement the report entitled “BCEC Expansion 2019 Project Report” and dated January 2020 to account for changes in the convention, venue management and hospitality industry that have developed since January 2020, including changes resulting from the outbreak of the 2019 novel coronavirus and subsequent variants, also known as COVID-19, and shall file the same with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on state administration and regulatory oversight; provided, that the update and supplement shall include but not be limited to, the following: (i) the competitiveness of the city of Boston and the commonwealth nationally and globally as a destination for conventions, gatherings, and similar public meetings; (ii) the needs of the Boston Convention and Exhibition Center to accommodate conventions, gatherings and public meetings; (iii) how conventions, gatherings and public meetings will take place going forward, including safety and public health considerations for COVID-19 and possible future public health crises; and, (iv) technology, air filtration and any other physical plant enhancements. The Massachusetts Convention Center Authority shall file the update and supplement with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on state administration and regulatory oversight

(b) The authority shall establish a director of diversity, equity and inclusion position who shall be responsible for, at a minimum, ensuring the authority follows the massport model for any and all land dispositions; the authority shall appoint a community advisory group made of South Boston residents to advise the authority on the impacts an expansion of the Boston convention and exhibition center would have on the local community including public access and community use of the Lawn on D and a buffer zone park along Cypher Street.

SECTION 129. The secretary of administration and finance, the secretary of housing and economic development, 1 persons appointed by the president of the Massachusetts state senate, 1 persons appointed by the speaker of the house of representatives, and 1 person appointed by the mayor of Boston shall jointly conduct a study into the feasibility of the sale, lease, transfer or other disposition of the land and improvements comprising the Hynes convention center or any interest therein, or if it would be in the best interest of the commonwealth to retain the Hynes convention center and make recommendations on attracting more business and events to the Hynes convention center. The study shall concern issues including, but not limited to: (i) the economic effects to the property of a sale, lease, transfer or other disposition; (ii) the economic effects to the businesses of the Back Bay neighborhood of a sale, lease, transfer or other disposition; (iii) the economic effects to the city of Boston of a sale, lease, transfer or other disposition; (iv) the number of jobs lost as a result of a sale, lease, transfer or other disposition; (v) plans to mitigate the effects of jobs lost as a result of a sale, lease, transfer or other disposition; and (vi) the economic effects the current operation of the Hynes has to the Back Bay neighborhood, to the city of Boston and the commonwealth. A report on the study’s findings shall be reported to the clerks of the house and senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies no later than December 31, 2023.

SECTION 130. (a) There shall hereby be established a commission to be known as the CTE Funding Commission, to study funding options for career technical education, or CTE, programs. The commission shall consist of four representatives of the department of elementary and secondary education, to be appointed by the deputy commissioner of the office of career technical education, provided that one appointee shall be the secretary of education or a designee, who shall serve as chair, and three representatives of the executive office of labor and workforce development, to be appointed by the secretary of labor and workforce development. The commission shall identify the use of funds for changing market needs. This commission shall make recommendations, which shall include but not be limited to, the following:

(1) whether the Massachusetts school building authority may spend money on equipment only, or if they are limited to funding for education structures;

(2) whether the Massachusetts school building authority should add incentives for the approved chapter 74 educational spaces in programs that align to labor market demand;

(3) how to simplify state law, particularly section 16 of chapter 71 of the General Laws, so that all regional school districts can secure bonding for critical capital projects through the district-wide referendum process outlined in subsection (n) of said section 16 of said chapter 71 of the General Laws;

(4) how to change language in subsection (d) of said section 16 of said chapter 71 of the General Laws to allow all regional school districts the option to secure project bonding approval upon a two-thirds vote of approval of each legislative body of a municipality comprising the district; and

(5) any other recommendations relative to CTE funding at the commission’s discretion.

(b) The commission shall submit a report, which shall include the findings of the study and all such recommendations and any proposed drafts of legislation, not later than one year after the effective date of this act.

SECTION 131. (a) Notwithstanding any general or special law to the contrary, all appointive boards and commissions in the commonwealth established by the Massachusetts general laws, including boards and commissions of a political subdivision of the state, if not otherwise provided by law, shall adopt policies and practices designed to increase the racial and ethnic diversity of their board membership and commission membership. To meet this goal, said boards and commissions shall report on an annual basis to the secretary of state and the office of the governor the following: (i) data on specific qualifications, skills and experience that the board appointees considers for its board of directors and nominees for the board of directors and commissions; (ii) the self-identified race and ethnicity of each member of said board of directors and commissions; (iii) the number of total individuals on said boards and commissions; iv) a description of the process of said board or commission for identifying, evaluating, and determining nominees and appointees including, but not limited to, how demographic diversity is considered; and (v) a description of the policies and practices of said boards and commissions for promoting diversity, equity and inclusion among said boards and commissions and (vi) the total number of people of color and the total number of individuals who serve as members on all boards and commissions in the commonwealth.

(b) To track and measure progress, an annual report shall be published by the office of the governor, annually, not later than July 1, that provides: (i) demographic data provided by all public board and commission applicants, including boards and commissions of a political subdivision of the state, relative to ethnicity and race; and (ii) demographic data provided by all public board and commission nominees or appointees, including boards and commissions of a political subdivision of the state, relative to ethnicity and race, pursuant to section (a) of this act. Any demographic data disclosed or released pursuant to this section shall be anonymized to the extent practicable and shall not identify an individual applicant, nominee or appointed board member or commissioner. Said demographic data shall also disclose aggregated statistical data by commission or board sector and by secretariat that governs said board or commission, if applicable.

(c) Notwithstanding any general or special law to the contrary, and pursuant to any established appointment procedures of individual boards or commissions in the commonwealth, racial diversity shall be considered in any subsequent appointments made after July 1, 2021, to any public boards and commissions in the commonwealth.

(d) By January 1, 2025 all boards and commissions shall, to the extent feasible, broadly reflect the general public of the commonwealth, including the percentage of racial and ethnic minorities in the general population.

SECTION 132. To provide for the continued availability of a bond-funded spending authorization that otherwise would expire, the balance of item 7002-0016 of section 2 of chapter 112 of the acts of 2018, as amended by section 46 of chapter 102 of the acts of 2021 and any allocations thereof shall be extended to June 30, 2025 for the purposes of and subject to the conditions stated for the item in the original authorization, and any amendments to such authorization.

SECTION 133. Sections 89 to 92, inclusive, and sections 97 to 99, inclusive, shall apply to tax years beginning on or after January 1, 2023.

SECTION 134. Sections 7 and 131 shall take effect on July 1, 2022.

SECTION 135. Section 85 shall take effect on January 1, 2023.