Other Amendments

Budget Amendment ID: FY2022-S3-92

OTH 92

Reprecincting assistance

Ms. Creem moved that the proposed new text be amended by adding the following sections:-

“SECTION X. Chapter 41 of the Acts of 2019 is hereby amended in item 0511-0271 by inserting after the words “grant activities” the following: “; provided further, that after June 30, 2021, any remaining funds in this item shall be made available until June 30, 2022 for the purpose of providing technical and financial assistance to cities and towns in re-drawing their wards and precincts in an expedited manner to mitigate delays in the release of federal census data caused by the outbreak of the 2019 novel coronavirus”.

"Section X. Chapter 142 of the Acts of 2019 is hereby amended in item 0511-0272 by inserting after the words “grant activities” the following:- “; provided further, that after June 30, 2021, any remaining funds in this item shall be made available until June 30, 2022 for the purpose of providing technical and financial assistance to cities and towns in re-drawing their wards and precincts in an expedited manner to mitigate delays in the release of federal census data caused by the outbreak of the 2019 novel coronavirus”.

Budget Amendment ID: FY2022-S3-93

OTH 93

Rolling Stock

Messrs. Tarr and Fattman moved that the proposed new text be amended by inserting after section _ the following section:-

SECTION _. Section 1 of Chapter 64H of the general laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after the definition of “Retail establishment”, the following new definition:-

“Rolling stock”, trucks, tractors, and trailers, used by common carriers to transport goods in interstate commerce.

SECTION _. Section 6 of Chapter 64H of the general laws, as so appearing, is hereby further amended by inserting, after subsection (xx), the following new subsection:

“(yy) sales of rolling stock”

SECTION _. Section 1 of Chapter 64I of the general laws, as so appearing, is amended by inserting in line 6, after the words “ retail sale”, the following new words:- “rolling stock”, .

SECTION _. Section 7 of chapter 64I of the general laws, as so appearing, is hereby amended by inserting, after subsection (e), the following new subsection:-

“(f) storage, use or other consumption of rolling stock”.

Budget Amendment ID: FY2022-S3-94

OTH 94

Post-Retirement earnings of Public Retirees

Mr. Brady moved that the proposed new text be amended by inserting at the end thereof the following section:-

SECTION __. Paragraph (b) of section 91 of chapter 32 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by striking out, in line 97, the words “nine hundred and sixty'' and inserting in place thereof the following words:- ''one thousand two hundred''.

SECTION __. Paragraph (c) of section 91 of chapter 32 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by striking out, in line 113, the words “nine hundred and sixty” and inserting in place thereof the following words:- ''one thousand two hundred''.

Budget Amendment ID: FY2022-S3-94-R1

Redraft OTH 94

Post-Retirement earnings of Public Retirees

Mr. Brady moved that the proposed new text be amended by inserting at the end thereof the following sections:-

SECTION____. Notwithstanding the expiration of the Governor’s March 10, 2020 state of emergency section 14 of Chapter 53 of the Acts of 2020 as amended by section 68 of Chapter 227 of the Acts of 2020 shall remain in effect until December 31, 2021.

Budget Amendment ID: FY2022-S3-94-R2

2nd Redraft OTH 94

Post-Retirement earnings of Public Retirees

Messrs. Brady, Timilty and O'Connor moved that the proposed new text be amended by inserting at the end thereof the following section:-

Budget Amendment ID: FY2022-S3-95

OTH 95

Snow Removal Liability Protection

Mr. Tarr and Ms. Comerford moved that the proposed new text be amended by inserting after section _ the following new section:-

"SECTION_.Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 29C, the following new section:-

Section 29C1/2. (a) As used in this section, the following terms shall have the following meanings:-

"Service provider”, a person providing services under a snow removal and ice control services contract.

"Service receiver", a person receiving services under a snow removal and ice control services contract.

"Snow removal and ice control services contract", a contract or agreement for the performance of any of the following: (1) plowing, shoveling, or other removal of snow or other mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity described in item (1) or (2), including operating or otherwise moving snow removal or de-icing equipment or materials.

(b) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following: (1) requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (2) requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (3) requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.

Budget Amendment ID: FY2022-S3-96

OTH 96

Tax Deduction for remote learning

Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting after section _ the following:-

SECTION X. For purposes of this section the following shall be defined as

"Eligible Educator"-Kindergarten through grade 12 teacher, instructor, counselor, principal or aide who worked in a school for at least 900 hours during a school year.

"Qualified Expenses"-Necessary expenses paid for professional development courses taken related to the curriculum, books, supplies, equipment (including but not limited to computer and related equipment, software, services, and online educational resources), and for personal protective equipment, disinfectant, and other other supplies used for the prevention of the spread of the 2019 novel coronavirus.

Notwithstanding any general or special law to the contrary an educator licensed and working in the commonwealth in a elementary or secondary school shall be allowed to deduct up to $500 of qualified expenses if filing individually or $1,000 if filling jointly with a spouse who is a qualified educator, provided that neither qualified educator can deduct more than $500 of their qualified expenses.

SECTION XX. SECTION X shall expire on January 1, 2025.

Budget Amendment ID: FY2022-S3-97

OTH 97

Deductions for personal protective equipment costs for businesses

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after section _ the following new sections:-

SECTION X. For purposes of this section the following shall be defined as

"Qualified Expenses"- Necessary expenses paid for personal protective equipment, disinfectant, and other other supplies used for the prevention of the spread of the 2019 novel coronavirus.

Notwithstanding any general or special law to the contrary a licensed business in the commonwealth shall be allowed to deduct up to $100 of qualified expenses per employee. A business shall not be able to deduct more an $10,000. Said deduction shall be capped at $10,000,000 annually.

SECTION XX. SECTION X shall expire on January 1, 2025.

Budget Amendment ID: FY2022-S3-98

OTH 98

Environmental Police Base Pay

Messrs. Moore, O'Connor and Cyr moved that the proposed new text be amended by inserting after section XX the following section:-

"SECTION XX. Notwithstanding any general or special law to the contrary, Environmental Police Officers shall commence employment at the same step within the Essential Functions plan, so-called, as other Bargaining Unit 5 members employed within the Office of the State Treasurer and Receiver General and the Executive Office of Public Safety and Security."

Budget Amendment ID: FY2022-S3-102

OTH 102

Advanced Payment of Sales Tax

Ms. Lovely and Mr. Gomez moved that the proposed new text be amended by inserting after section XX the following section:-

SECTION XX. Section 16B of chapter 62C of the General Laws, as inserted by section 30 of Chapter 227 of the acts of 2020, is hereby amended by striking the section in its entirety and inserting in place thereof the following new section: -

Section 16B. Notwithstanding the due date of the return as set forth in section 16 or the payment date as set forth in section 32 or any other general or special law to the contrary, a payment of tax shall be made in advance of the filing of the return required under subsection (g) or (h) of said section 16 not later than the twenty-fifth day of the last month of the filing period; provided, however, that such payment shall include either (i) the tax collected for any taxable sale made during the days in the filing period occurring on or before the twenty-first day of the last month of the filing period, or (ii) a minimum of 80% of the liability of the immediately preceding month; provided further, that this section shall not apply to operators whose cumulative room occupancy excise liability in the immediately preceding calendar year with respect to returns filed under said subsection (g) of said section 16 is not more than $150,000; provided further, that this section shall not apply to vendors whose cumulative sales tax liability in the immediately preceding calendar year with respect to returns filed under said subsection (h) of said section 16 is not more than $150,000; provided further, that this section shall not apply to a materialman who files a return with the commissioner pursuant to said subsection (h) of said section 16; and provided further, that tax collected for any taxable sale made during the remaining days of the filing period for which tax was not previously remitted shall be remitted at the time the return for that filing period is required to be filed. Any advance payment shall be credited against the actual tax liability due on the return required for the period; provided further, that any portion of an advance payment that exceeds the actual tax liability for the month in which the liability occurred shall be allowed as a credit for the amount of tax overpaid and shall be immediately available for credit against a future tax liability of the operator or shall be refunded to the operator.

A penalty of 5 per cent of the amount of an underpayment shall be imposed, unless such underpayment is due to a reasonable cause; provided, however, that such penalty shall not be imposed if the payment made on or before the date prescribed in this section is not less than 70 per cent of the total tax collected during the filing period. For the purposes of this paragraph, the term “underpayment” shall mean the excess of the amount of the payment required under this section over the amount, if any, paid on or before the date prescribed therefor.

The department of revenue shall issue regulations and guidance necessary to implement this section.

Budget Amendment ID: FY2022-S3-103

OTH 103

Massachusetts Center for the Book

Messrs. Barrett and Lesser, Ms. Comerford, Mr. Eldridge, Ms. Gobi, Messrs. Moore, O'Connor and Cyr moved that the proposed new text be amended in section 2, by inserting after line item 7000-9506 the following line item:- "7000-9508 For the Massachusetts Center for the Book, Inc., chartered as the Commonwealth Affiliate of the Center for the Book in the Library of Congress; provided, that the Massachusetts Center for the Book, Inc. shall continue its work as a public-private partnership. $300,000".

Budget Amendment ID: FY2022-S3-104

OTH 104

Municipal Light Plant Emergency Mutual Aid

Ms. Gobi, Messrs. Tarr, Crighton and Feeney moved that the proposed new text be amended by inserting at the end thereof the following new section:

SECTION XX. Section 133 of Chapter 164 of the General Laws as appearing in the 2018 Official Edition is hereby amended by adding in the third paragraph at line 12 after the words “plant.” The following sentence:-

“Any municipal lighting plant providing emergency mutual aid may sell, rent, or lease equipment, fixtures, and goods of any description related to the provision of emergency mutual aid”

And said section is further amended by adding after the fifth paragraph the following sentence:-

“Any employee of a municipal lighting plant providing emergency mutual aid, from the time such employee leaves his place of residence to the time such employee returns to his place of residence, shall be covered by the provisions of chapter thirty-two, sections one to twenty-eight, inclusive, as may be amended from time to time, and shall have the same rights and privileges thereunder, as if performing such duties within the scope of his employment including voluntary assignments.”

And said section is further amended by adding in the sixth paragraph at line 27 after the words “utility”, the following words:- “or its employees”

Budget Amendment ID: FY2022-S3-105

OTH 105

Task Force on Higher Education Affordability

Ms. Gobi, Messrs. O'Connor, Gomez, Montigny and Pacheco moved that the proposed new text be amended by adding at the end thereof, the following new section:

"SECTION X. (a) There shall be a task force to evaluate the affordability of public and private higher education options in the commonwealth. The evaluation shall include, but not be limited to: (i) the impact of such affordability on the financial health and longevity of higher education institutions, including, but not limited to, the future role of small private colleges in the commonwealth; and (ii) the impact of such affordability on the workforce pipeline, including, but not limited to: (A) attracting in-state and out-of-state students to schools in the commonwealth; (B) keeping students in the commonwealth after graduation; (C) the impact of student debt on career and other financial decisions; and (D) the ability of higher education institutions in the commonwealth to produce a workforce that can meet the employment needs of companies in the commonwealth and specific job sectors in need of specialized training.

The task force shall consist of: the commissioner of higher education or a designee, who shall serve as co-chair; the secretary of labor and workforce development or a designee, who shall serve as co-chair; the chairs of the joint committee on higher education; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 12 members appointed by the governor, 1 of whom shall be a student attending a community college in the commonwealth, 1 of whom shall be a student attending a public university in the commonwealth, 1 of whom shall be a student attending an independent institution of higher education in the commonwealth, 1 of whom shall be a representative of the University of Massachusetts recommended by the president of the university, 1 of whom shall be a representative of state universities in the commonwealth recommended by the Massachusetts State Colleges Council of Presidents, 1 of whom shall be a representative of community colleges in the commonwealth recommended by the Massachusetts Association of Community Colleges, 1 of whom shall be a representative of private colleges and universities in the commonwealth recommended by the Association of Independent Colleges and Universities in Massachusetts, Inc., 1 of whom shall be a representative of the Associated Industries of Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Business Alliance for Education, Inc., 1 of whom shall be a representative of the Massachusetts Teachers Association, 1 of whom shall be a representative of the Public Higher Education Network of Massachusetts, Inc. and 1 of whom shall be a representative of the Massachusetts Business Roundtable. In making appointments, the governor shall, to the maximum extent feasible, ensure that the task force represents a broad distribution of diverse perspectives and geographic regions of the commonwealth.

(b) In conducting its evaluation, the task force shall consider: (i) current cost drivers in higher education and the associated impacts on large, medium and small institutions, including, but not limited to, trends in student enrollment and changing demographics; (ii) the existing state requirements to support financial stability in higher education, including, but not limited to, those established in chapter 113 of the acts of 2019, and any changes to improve implementation of those requirements, including changes to said chapter 113; (iii) existing federal laws that limit the ability of higher education institutions to discuss school pricing; (iv) the impact of affordability of higher education on job opportunities and internships; and (v) the impact of the COVID-19 pandemic on the affordability and stability of higher education institutions.

(c) The task force shall convene its first meeting within 45 days after the effective date of this act. The task force shall submit a report on its evaluation, including recommendations to address the affordability of public and private higher education in the commonwealth and any proposed legislation necessary to carry its recommendations into effect, to the clerks of the senate and the house of representatives, the joint committee on higher education, the joint committee on labor and workforce development and the senate and house committees on ways and means not later than November 1, 2022."

Budget Amendment ID: FY2022-S3-106

OTH 106

Issuance of Pension Funding Bonds by the County of Plymouth

Messrs. Keenan and Brady, Ms. Moran, Messrs. O'Connor and Timilty moved that the proposed new text be amended by inserting after section ___ the following sections:-

SECTION ___. The county of Plymouth may issue bonds or notes from time to time for the purpose of funding all or a portion of its unfunded pension liability to the Plymouth County Contributory Retirement System. Bonds or notes issued under this act shall be issued for terms not in excess of 10 years from their date of issue. The aggregate amount of bonds or notes that may be issued by the county of Plymouth under this act shall not exceed the amount that the county treasurer and county commissioners shall determine to be necessary to be issued to fund that part of the unfunded pension liability of the county of Plymouth not currently paid by the additional deeds excise tax retention set forth in section 11 of chapter 64D of the General Laws as of a particular date and to provide for issuance costs and other necessary or incidental expenses. The determination of the county treasurer and commissioners of the unfunded pension liability shall be based upon the report of a nationally recognized independent consulting firm, which may be the consulting actuary generally retained by the Plymouth County Contributory Retirement System.

SECTION ___. The maturities of bonds or notes issued under this act shall: (i) be scheduled so that for each issue the annual combined payments of principal and interest shall be as nearly equal as practicable in the opinion of the treasurer and the board of commissioners, or in accordance with a schedule providing for a more rapid amortization of principal; or (ii) be arranged so that for each issue the annual combined payments of principal and interest shall be in amounts specifically approved by the secretary of administration and finance.

SECTION ___. Proceeds of any bonds or notes issued under this act, other than amounts to be applied to issuance costs or other expenses, shall be paid by the county of Plymouth to the Plymouth County Contributory Retirement System; allocated solely to reduce the unfunded pension liability to which the bonds or notes relate; invested in any investments that are permitted under chapter 32 of the General Laws; and otherwise held and expended by the Plymouth County Contributory Retirement System in accordance with law.

SECTION ___. Before the issuance of bonds or notes under this act, the county shall submit to the executive office for administration and finance a plan showing the amount of the bonds and notes to be issued, the amount of the unfunded pension liability to be funded with the proceeds of the bonds and notes, the proposed maturity schedule of the bonds and notes, the proposed allocation of, and plan to, finance the principal and interest on the bonds and notes, if any, the present value savings reasonably expected to be achieved as a result of the issue of the bonds or notes and any other information requested by the secretary of administration and finance relating to the bonds and notes. No bonds or notes shall be issued under this act until the secretary has approved the plan.

SECTION ___. This act shall take effect upon its passage.

Budget Amendment ID: FY2022-S3-107

OTH 107

Massachusetts Historic Tax Credit Extension

Mr. Lesser, Ms. Gobi, Messrs. Moore, Tarr, O'Connor and Gomez, Ms. DiZoglio, Messrs. Pacheco, Collins and Cronin moved that the proposed new text be amended in section 3, by adding the following two sections:-

“SECTION X. Subsection b(1)(i) of section 6J of chapter 62 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking, in line 39, the figure “2022” and inserting in place thereof the following figure:- “2027”

Section XX. Subsection (b)(1)(i) of section 38R of chapter 63 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking, in line 38, the figure “2022” and inserting in place thereof the following figure:- “2027”.

Budget Amendment ID: FY2022-S3-109

OTH 109

Remote Software Tax Clarification

Mr. Crighton moved that the proposed new text be amended by inserting after section 17, the following 2 sections:-

SECTION XX. Section 1 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out the definition of "sale and selling" and inserting in place thereof the following definition:-

"Sale" and "selling", include (i) any transfer of title or possession, or both, exchange, barter, lease, license, rental, conditional or otherwise, of tangible personal property or the performance of services for a consideration, in any manner or by any means whatsoever; (ii) the producing, fabricating, processing, printing or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing or imprinting; (iii) the furnishing and distributing of tangible personal property or services for a consideration by social clubs and fraternal organizations to their members or others; (iv) a transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price; (v) a transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication; (vi) the furnishing of information by printed, mimeographed or multigraphed matter, or by duplicating written or printed matter in any other manner, including the services of collecting, compiling or analyzing information of any kind or nature and furnishing reports thereof to other persons, but excluding the furnishing of information, which is personal or individual in nature and which is not or may not be substantially incorporated in reports furnished to other persons, and excluding the services of advertising or other agents, or other persons acting in a representative capacity, and information services used by newspapers, radio broadcasters and television broadcasters in the collection and dissemination of news and excluding the furnishing of information by photocopy or other similar means by not for profit libraries which are recognized as exempt from taxation under section 501(c)(3) of the Federal Internal Revenue Code; (vii) the performance or receipt of services, for a consideration, excluding (a) services performed by an employee for his employer whether compensated by salary, commission, or otherwise, (b) services performed by a general partner for his partnership and compensated by the receipt of distributive shares of income or loss from the partnership; and (c) the performance of services for which the provider is compensated by means of an honorarium, or fee paid to any person or entity registered under 15 USC 80b-3 or 15 USC 78q-1 for services the performance of which require such registration, for services related thereto or for trust, custody, and related cash management and securities services of a trust company as defined in chapter 172; and (viii) a sale within the meaning of subsections (i) to (vii) facilitated by a marketplace facilitator.

SECTION XY. Said section 1 of said chapter 64H, as so appearing, is hereby further amended by striking out the definition of "tangible personal property" and inserting in place thereof the following definition:-

''Tangible personal property'', personal property of any nature consisting of any produce, goods, wares, merchandise and commodities whatsoever, brought into, produced, manufactured or being within the commonwealth, but shall not include rights and credits, insurance policies, bills of exchange, stocks and bonds and similar evidences of indebtedness or ownership. For purposes of this chapter, ''tangible personal property'' shall include gas, electricity and steam. A transfer or license of standardized computer software, by virtual, electronic, telephonic or other means and including the transfer or license of the right to use standardized computer software that is remotely hosted, shall also be considered a transfer of tangible personal property. The commissioner may, by regulation, provide rules for apportioning tax in those instances in which software is transferred for use in more than one state.

Budget Amendment ID: FY2022-S3-110

OTH 110

Clinical Laboratory Modernization

Messrs. Crighton and Cyr moved that the proposed new text be amended by inserting the following new section:-

"SECTION XX. Section 1. Chapter 111D of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:- As used in this chapter, the following words shall, unless the context requires otherwise, have the following meaning:-

(1)"CLIA-waived test", a test that the federal Centers for Medicare and Medicaid Services has determined qualifies for a Certificate of Waiver under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA).

(2)''Clinical Laboratory'', a facility or place, however named, the purpose of which is to make biological, serological, chemical, immuno-hematological, cytological, pathological, or other examinations of materials derived from a human body.

(3)''Commissioner'', the commissioner of public health.

(4)''Company'', a corporation, partnership, limited liability company, limited liability partnership, an association, a trust or and organized group of persons, whether incorporated or not.

(5)''Department'', the department of public health in the executive office of human services.

(6)''Exempt test'', a test designated by the department as a simple laboratory examination or a procedure that has an insignificant risk of error, including but not limited to, CLIA-waived tests. Exempt test also may include tests designated by the department that the federal Centers for Medicare and Medicaid Services has determined qualify for a Certificate of Provider Performed Microscopy under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA).

(7)''Ownership interest'', interests including, but not limited to, any membership, proprietary interest, shares of stock in a corporation, units or other interest in a partnership, bonds, debentures, notes or other equity interest or debt instrument or co-ownership in any form.

(8)''Person'', corporations, societies, associations, partnerships, limited liability companies, limited liability partnerships, trusts, organized group of persons, whether incorporated or not, an individual or the individual's estate upon death, any other entity including, but not limited to, medical practice, medical office, clinic, counseling center, substance use disorder treatment program or sober house or a political subdivision of the commonwealth.

SECTION XX. Section 2 of said chapter 111D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out clause (9) and inserting in place thereof the following 2 clauses:-

“(9) to classify, with the advice of the advisory committee on clinical laboratories, laboratory tests as exempt for purposes of licensing physician clinical laboratories;” and

“(10) to establish minimum qualifications of laboratory personnel.”

SECTION XX. Section 7 of said chapter 111D is hereby repealed.

SECTION XX. Section 8 of said chapter 111D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out clause (7) and inserting in place thereof the following clause:-

“(7) examine any specimen derived from a human body except upon the written request of a licensed physician or other licensed health care practitioner authorized under chapter 112 to make such a written request or, for the sole purpose of requesting urine drug screening, department-licensed substance abuse programs, state agencies or those vendors that contract with state agencies and are designated by the contracting agency to request such screenings, or other person authorized to use the report of such examination by provision of chapter 112, unless such examination is for the sole purpose of testing the accuracy or sufficiency of the procedures or equipment of a clinical laboratory and is by instruction of the director of such laboratory, or unless such examination is for the purpose of providing a health promotion screening program and is not used for diagnosis or treatment of patients;”

SECTION XX. Said section 8 of said chapter 111D, as so appearing, is hereby further amended by striking out clause (11) and inserting in place thereof the following clause:-

“(11) employ a person as a director of a clinical laboratory, or to serve as a director of a clinical laboratory, except as authorized by department regulation, rule or order pursuant to section 2 of this chapter;”"

Budget Amendment ID: FY2022-S3-111

OTH 111

Behavioral Health Hospital at Home

Mr. Crighton, Ms. Gobi, Messrs. Lesser, O'Connor, Gomez, Velis and Cyr moved that the proposed new text be amended by inserting the following new section:-

"SECTION XX. Notwithstanding any general or special law to the contrary, the health policy commission, the division of medical assistance, four representatives from academic medical centers currently rendering inpatient services in a patient’s home, the department of public health and the department of mental health, shall conduct a study and issue a report regarding the design of a behavioral health home hospital program, herein referred to as the program. The study shall include, but not be limited to: (i) the recommendation of patient populations who would be best served by the provision of behavioral healthcare in a home environment; (ii) the identification of healthcare providers who would make up the program care team; (iii) the projected impact of the program on the rate of psychiatric emergency department boarding statewide; (iv) the identification of safety concerns regarding the provision of behavioral healthcare in a home environment and recommendations to address said concerns; (v) the projected impact of the program on the availability of psychiatric hospital beds in the commonwealth; (vi) the projected cost estimates of the program; (vii) a comparison of cost estimates of providing behavioral healthcare in the home versus in a healthcare facility; (viii) an analysis of the quality of patient care received through the program; (ix) the identification of screening protocols before care at home begins to assess medical and non-medical factors, including working utilities, assessment of physical barriers and screenings for domestic violence concerns; (x) recommendations for minimum personnel visits, the provision of immediate, on-demand telehealth connections with program staff; and (xi) recommendations for minimum emergency response times. The report shall be submitted to the governor, the chairs of the joint committee on health care financing, the chairs of the joint committee on mental health, substance use and recovery and the house and senate committees on ways and means no later than July 31, 2022."

Budget Amendment ID: FY2022-S3-112

OTH 112

Tax deduction for charitable donations of food by farmers

Mr. Tarr, Ms. Gobi, Messrs. O'Connor and Pacheco moved that the proposed new text be amended by inserting after section _ the following new sections:-

SECTION X. Section 3 of Chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after subparagraph (13), the following subparagraph:

(13A) In the case where the taxpayer is engaged in the trade or business of farming in the commonwealth, as defined in section 1A of chapter 128, and makes a charitable contribution of food from such farm trade or business, a charitable contribution deduction shall be allowed to the taxpayer under subparagraph (13); notwithstanding, the deductibility limitation based on the prior year’s tax rate on Part B taxable income under said subparagraph. Subject to the provisions of this subparagraph, the requirements, conditions and limitations, for charitable deductions for contributions of food inventory under section 170(e) of the Code, as amended, shall apply to determine the amount of the allowed deduction.

For the limited purpose of determining the amount of the allowable deduction for any charitable contribution of food, the taxpayer may elect an alternate cost basis for such contributed food, equal to 25 per cent of the food’s fair market value, regardless of whether the taxpayer is required to account for inventories or capitalize indirect costs under the Code.

A food contribution shall not qualify for an allowable deduction under this subparagraph, unless in addition to such other requirements: (i) the contributed food complies with the applicable quality and labelling standards of “apparently wholesome food” as defined under 42 U.S.C. 1791(b)(2), of the Bill Emerson Good Samaritan Food Donation Act, in effect when this subparagraph was enacted; and, (ii) the donee that accepts the contributed food from the taxpayer, is a charitable organization located in the commonwealth that is exempt from federal taxes under section 501(3)(c) of the Code, other than a private foundation, and that regularly receives and distributes contributed food of any type, for the care of individuals who are ill, needy, or infants in Massachusetts.

SECTION XX. Chapter 63 of the General Laws is hereby amended by inserting after section 38FF, the following section:

Section 38GG. In determining the net income subject to tax under this chapter a corporation for profit engaged in the trade or business of farming in the commonwealth, as defined in section 1A of chapter 128, shall be allowed a deduction for charitable contributions of food by the corporation to a charitable organization. The term “charitable organization” for the purposes of this section, shall mean an organization exempt from federal taxes under section 501(3)(c) of the Code, excluding private foundations, that is located in the commonwealth and regularly receives and distributes contributed food in any form, for the care of individuals who are ill, needy, or infants in Massachusetts.

Subject to the provisions of this section, the requirements, conditions and limitations, applicable to charitable deductions for contributions of food inventory under section 170 of the Code, shall apply to determine the amount of the allowed deduction.

For the limited purpose of determining the amount of the allowable deduction for any charitable contribution of food, the corporation may elect an alternate cost basis for such contributed food, equal to 25 per cent of the food’s fair market value, regardless of whether the corporation is required to account for inventories or capitalize indirect costs under the Code.

A food contribution shall not qualify for an allowable deduction under this section, unless, in addition to such other requirements, the contributed food complies with the applicable quality and labelling standards of “apparently wholesome food” as defined under 42 U.S.C. 1791(b)(2), of the Bill Emerson Good Samaritan Food Donation Act, in effect when this section was enacted.

The allowed deduction under this section shall be in addition to other deductions allowable for corporations for profit under this chapter.

SECTION XXX. Sections X and XX shall be effective for tax years beginning on or after, January 1, 2021.

Budget Amendment ID: FY2022-S3-113

OTH 113

Sales Tax Exemption Applicability to Commercial Vessels

Ms. DiZoglio, Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Paragraph (o) of section 6 of chapter 64H of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “commercial fishing” the following words:- “or commercial charter services for recreational fishing (for-hire fishing)”.

Budget Amendment ID: FY2022-S3-114

OTH 114

Continuing Expanded Take-Out/Delivery Options in Response to COVID-19

Ms. DiZoglio moved that the proposed new text be amended by inserting after section 63 the following sections:-

SECTION XX. Section 13 of chapter 53 of the acts of 2020, as amended by section 1 of chapter 118 of said acts of 2020, is hereby amended by striking out the words “during the governor’s March 10, 2020 declaration of a state of emergency or until February 28, 2021, whichever is later” and inserting in place thereof the following words:- “until the date which is 2 years after the date of termination of the governor’s March 10, 2020 declaration of a state of emergency”.

SECTION XXX. Subsection (b) of section 2 of said chapter 118 of said acts of 2020 is hereby amended by striking out the words “during the March 10, 2020 state of emergency or until February 28, 2021, whichever is later” and inserting in place thereof the following words:- “until the date which is 2 years after the date of termination of the governor’s March 10, 2020 declaration of a state of emergency”.

SECTION XXXX. Sections XX and XXX shall take effect immediately.

Budget Amendment ID: FY2022-S3-115

OTH 115

Third-Party Delivery Cost Containment for Restaurants

Ms. DiZoglio moved that the proposed new text be amended by inserting after section 63 the following sections:-

SECTION XX. Subsection (b) of section 98 of chapter 358 of the acts of 2020 is hereby amended by inserting after the words “until the” the following words:- "date which is 2 years after the date of".

SECTION XXX. Section XX shall take effect immediately.

Budget Amendment ID: FY2022-S3-116

OTH 116

Business Interruption Insurance

Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Business interruption insurance

(a)(1) Every policy of insurance in force, and insuring risks, in the commonwealth that provides insurance coverage against Business Income, Contingent Business Income and/or Extra Expense arising out of the loss of or damage to Covered Property, as defined in any such policy of insurance, shall be reasonably construed with respect to losses arising from or in connection with business interruption directly or indirectly resulting from any public health emergency declared pursuant to chapter 639 of the acts of 1950 and section 2A of chapter 17 of the General Laws, the purpose of which declaration is to combat the spread of 2019 novel coronavirus (“COVID-19”) (“Public Health Emergency”), in accordance with this section.

(2) It shall be an Unfair Claim Settlement Practice under section 3 of chapter 176D of the General Laws for any person to fail to pay claims under such policies of insurance inconsistent with this section.

(3) Massachusetts law concerning such policies of insurance in connection with a Public Health Emergency is declared as follows:

(A) A rebuttable presumption applies that COVID-19 was present on the insured’s Covered Property and caused (i) physical loss of or (ii) physical damage to that Property resulting in business interruption losses;

(B) A rebuttable presumption applies that a Public Health Emergency means there is (i) physical loss of or (ii) damage to Covered Property and/or property adjacent to the insured or within one mile of the insured’s covered premises which present sufficiently dangerous physical conditions to warrant such declaration preventing access to such adjacent property as well as the Covered Property;

(C) A rebuttal presumption applies, that COVID-19 was present on property other than property at the described premises, thus prohibiting access, including ingress and/or egress, to the described premises resulting in loss of Business Income;

(D) A rebuttal presumption applies that, with respect to business interruption due to an order of civil authority, that COVID-19 caused direct physical loss of or property damage to Covered Property or property located within the geographical location required by the insurance policy, and an action of civil authority was taken in response to dangerous physical conditions resulting from the damage or continuation of the direct physical loss of or damage to Covered Property;

(E) A rebuttable presumption applies that, direct physical loss of or damage to Covered Property shall include but not be limited to a restriction on operations, partially or in full, including limiting customer density and permitting only distant customer interaction, when such restrictions are necessary to comply with existing Public Health Emergency;

(F) An insured’s partial operation following a Public Health Emergency and in compliance with any restrictions mandated under the Public Health Emergency, including limiting customer density and permitting only distant customer interaction, shall be deemed to be mitigation of loss and does not evidence that the insured’s operations have resumed;

(G) No exclusion for pollution shall be construed to include viruses, bacteria or microorganisms; no exclusion for mold shall be construed to include viruses, bacteria or other microorganisms; no exclusion for viruses shall be construed to include mold, bacteria or other microorganisms, and shall be construed to have an exception for COVID-19; no exclusion for animal infestations shall be deemed to include any virus, mold, microorganism, or bacterium; notwithstanding this subsection, a policy that otherwise indemnifies debris removal or pollutant clean up shall be construed to include removal or clean up expenses incurred by the insured arising from the Public Health Emergency;

(H) Premises unoccupied, or not fully occupied, consistent with a Public Health Emergency shall not be deemed to be “vacant” or “abandoned” by the insured;

(I) Partial reopenings and closures during the same policy period that arise from one or more related orders or instructions from related Public Health Emergencies shall be deemed to be continuous and uninterrupted (and may be cumulated) by the insured in its claim;

(J) Deadlines or compliance periods under such insurance policies shall be construed without including partial or entire periods of suspension of operations following Public Health Emergency;

(K) No insurer may deny coverage based on the insured’s non-compliance with a notice or reporting provision, including a contractually limited time period to file suit, unless the insurer proves it was prejudiced directly from the insured’s non-compliance;

(L) The actions of persons other than the insured complying with a Public Health Emergency shall not be deemed to be the proximate cause of loss, and instead the damage identified in the Public Health Emergency is deemed to be the cause of the insured’s direct loss of business income;

(M) Every policy of insurance or endorsement insuring against loss or damage to property which includes, but is not limited to, the use of occupancy and business interruption, which policy expires during the period of a declared state of emergency due to COVID-19, shall be subject to an automatic renewal of the policy at the current or reduced rate of charge; and

(N) The provisions of this section are severable. If any part of this section is declared invalid or unconstitutional, that declaration shall not affect the part that remains.

(b) The secretary of housing and economic development shall promulgate reasonable rules, regulations, and orders as are necessary or appropriate to carry out and effectuate the provisions of this section.

Budget Amendment ID: FY2022-S3-117

OTH 117

COVID-19 Nascent Business Relief Fund

Ms. DiZoglio, Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the COVID-19 Nascent Business Relief Fund to be administered by the office of housing and economic development.

(b) The purpose of the Fund shall be for financial assistance in the form of grants to (i) businesses within the commonwealth that are experiencing financial distress as a result of the 2019 novel coronavirus, or COVID-19, outbreak, or the governor’s March 10, 2020, declaration of a state of emergency for the commonwealth and subsequent executive orders pursuant thereto, which were operational as of the date of said declaration and prior thereto for a minimum of 3 months, and which would otherwise be eligible for previous grant opportunities provided by the commonwealth in response to the economic impact of COVID-19 but for lack of operational and income history, and (ii) 501(c)(6) organizations within the commonwealth that are experiencing financial distress as a result of the COVID-19 outbreak, or the governor’s March 10, 2020, declaration of a state of emergency for the commonwealth and subsequent executive orders pursuant thereto. Such financial assistance shall include, but not be limited to, grants for: (i) loss of revenue; (ii) unexpected expenses, such as expenses incurred to meet general business reopening guidelines and sector-specific COVID-19 safety standards; or (iii) loss of contributions, grants, or other financial assistance as a result of the COVID-19 outbreak.

(c) There shall be credited to the Fund all amounts that are, by law, transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants or contributions for the purposes of the Fund. Amounts credited to the Fund shall not be subject to further appropriation and any money remaining in the Fund at the end of a fiscal year shall not revert to the General Fund.

(d) The secretary of housing and economic development shall promulgate regulations or other guidelines necessary for the administration and implementation of this section.

(e) On the effective date of this act, the comptroller shall transfer $5,000,000 from the General Fund to the COVID-19 Nascent Business Relief Fund established in this section to carry out the purposes thereof.

Budget Amendment ID: FY2022-S3-118

OTH 118

COVID-19 Emergency Financial Relief for Veterans

Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. (a) The following words as used in this section, unless the context otherwise requires, shall have the following meanings:

“COVID-19”, the 2019 Novel Coronavirus or 2019-nCoV.

“Eligible applicant”, an individual who: (i) qualifies as a veteran under clause 43 of section 7 of chapter 4 of the General Laws, or is the surviving spouse (who has not remarried) of a deceased veteran; (ii) is a resident of the Commonwealth, and (iii) has suffered a financial loss due to COVID-19.

“Financial loss”, a reduction or severance of a household’s earned or unearned income.

“Secretary”, the Secretary of the Department of Veterans’ Services.

(b)(i) Notwithstanding any general or special law to the contrary and in addition to any other public funds, the Secretary is empowered to the extent and in such amounts as provided through appropriation to provide one-time emergency financial relief grants to eligible applicants in need of assistance as a result of COVID-19.

(ii) Eligible applicants must be able to demonstrate a financial loss on or after the date of the emergency declaration issued by the Governor dated March 10, 2020, and designated as Executive Order Number 591, related to one of the following situations: (1) the eligible applicant or a legal dependent of the eligible applicant has/had a confirmed case of COVID-19; (2) a healthcare provider has determined that the presence of the eligible applicant or the eligible applicant’s spouse in the workplace would jeopardize the health of the eligible applicant or the eligible applicant’s spouse or others due to likely exposure to COVID-19; (3) a healthcare provider has determined that the health of the eligible applicant or the eligible applicant’s spouse is jeopardized due to a diagnosed underlying health condition which would put the eligible applicant or the eligible applicant’s spouse at increased risk if exposed to COVID-19 in the workplace; (4) the employer of the eligible applicant or the eligible applicant’s spouse directs them not to report to work for COVID-19 related reasons; (5) the workplace of the eligible applicant or the eligible applicant’s spouse is closed for COVID-19-related reasons and they are excused from work duties because they cannot be reassigned or work remotely; or (6) the eligible applicant is financially impacted by a school or childcare provider closure due to COVID-19.

(iii) Eligible applicants may use the financial assistance authorized under this section to purchase groceries, health care supplies or other necessities, delivery services for the foregoing, for emergency financial relief, hospitalization assistance, medical care or treatment, or any other COVID-19-related assistance as determined by the Secretary.

(iv) Eligibility for the financial assistance or the level of financial assistance provided under this section shall not be limited because the eligible applicant has previously received unemployment benefits or assistance from other public funds.

(c)(i) There shall be established a separate fund to be known as the COVID-19 Relief for Veterans Fund, to be administered by the Secretary for the purposes of carrying out this section. The Secretary may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund.

(ii) On the effective date of this act, the Comptroller shall transfer $10,000,000 from the General Fund to the fund established in paragraph (c)(i) for the purposes of carrying out this section.

(iii) The amount appropriated under this section shall be available until June 30, 2022.

(d) The Secretary is hereby authorized to promulgate guidance and regulations to assure the timely and effective implementation of this section.

Budget Amendment ID: FY2022-S3-119

OTH 119

Duration of a Proclaimed State of Emergency

Ms. DiZoglio moved that the proposed new text be amended by inserting after section 63 the following sections:-

SECTION XX. Chapter 639 of the Acts of 1950 is hereby amended by striking out Section 22 thereof, and inserting in place thereof the following section:-

§ 22. Expiration and Inoperativeness.

After 60 days, the state of emergency shall expire, unless a request by the governor for an extension of the state of emergency for a specific number of days, not to exceed 60 days, is approved by resolution of both houses of the legislature within such time period. The resolution of both houses of the legislature may approve less than the number of days requested by the governor. The governor may request additional extensions in the same manner. Although a declaration of a state of emergency by the governor cannot prohibit the legislature from convening, if the president of the senate and the speaker of the house determine that they cannot convene both houses of the legislature during the state of emergency, then the state of emergency shall be automatically extended for 30 days. Upon expiration of the state of emergency, the governor shall issue an executive order or proclamation declaring the state of emergency terminated. At any time, a proclamation of a state of emergency by the governor under this act or any part thereof shall become inoperative by the adoption of a joint resolution to that effect by the house and senate acting concurrently.

SECTION XXX. Chapter 17 of the General Laws is hereby amended by striking out the last sentence of Section 2A thereof, and inserting in place thereof the following:-

After 60 days, the declaration of emergency shall expire, unless a request by the governor for an extension of the declaration of emergency for a specific number of days, not to exceed 60 days, is approved by resolution of both houses of the legislature within such time period. The resolution of both houses of the legislature may approve less than the number of days requested by the governor. The governor may request additional extensions in the same manner. Although a declaration of emergency by the governor cannot prohibit the legislature from convening, if the president of the senate and the speaker of the house determine that they cannot convene both houses of the legislature during the state of emergency, then the declaration of emergency shall be automatically extended for 30 days. Upon expiration of the declaration of emergency, the governor shall issue an executive order or proclamation declaring the declaration of emergency terminated. Upon declaration by the governor that such emergency has terminated, all powers granted to and exercised by the commissioner under this section shall terminate.

Budget Amendment ID: FY2022-S3-121

OTH 121

Reducing CPA Recording Fees for Affordable Housing

Mr. DiDomenico, Ms. Comerford, Messrs. Eldridge and Moore, Ms. Moran, Messrs. Timilty, Gomez and Cyr moved that the proposed new text be amended by inserting after section _ the following section:-

“SECTION __. Section 8a of chapter 44B of the General Laws, as so appearing, is hereby amended by inserting the following after the words “Chapter 188” in line xx: or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership.

SECTION __. Section 8b of chapter 44B of the General Laws, as so appearing, is hereby amended by inserting the following after the words “Chapter 188” in line xx: or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership.”

Budget Amendment ID: FY2022-S3-122

OTH 122

Updating Terminology and Investigative Practices Related to the Protection of Persons with Disabilities

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after section _ the following new section:-

"SECTION_. The Massachusetts general laws are hereby amended by striking in each instance in the Massachusetts general laws the term "disabled persons" and inserting in place thereof the following "persons with disabilities".

Budget Amendment ID: FY2022-S3-123

OTH 123

Tourism Matching Fund Waiver

Messrs. Kennedy, Eldridge, Lesser, Tarr, Gomez, Cyr, Cronin and Collins moved that the proposed new text be amended by adding at the end thereof the following new section:

SECTION __. Notwithstanding clause (3) of the fifth paragraph of section 14 of chapter 23A of the General Laws, or any other general or special law to the contrary, in order to address disruptions caused by the 2019 coronavirus, also known as COVID-19, the maximum amount of grants received by a private nonprofit agency from the office of travel and tourism pursuant to said section 14 of said chapter 23A may be greater than the amount received from nongovernmental sources in fiscal year 2022.

Budget Amendment ID: FY2022-S3-124

OTH 124

Concentration of Substance Use Disorder Programs and Services

Messrs. Collins and O'Connor moved that the proposed new text be amended in section 2, by adding the following section:

"SECTION XX. The Secretary of Health and Human Services shall conduct a study to assess how to expand harm reduction efforts, medication assisted treatment programs, low threshold spaces for individuals struggling with substance use disorder and the availability of homelessness prevention services. The study shall focus on the availability of treatment services and housing initiatives that target individuals with substance use disorder in all regions and communities across the Commonwealth and its impact on equitable access to care and combating homelessness. Within 90 days, the Secretary shall report the findings to the Legislature and municipal leaders.

Budget Amendment ID: FY2022-S3-125

OTH 125

Safety at Bayside

Messrs. Collins and O'Connor moved that the proposed new text be amended in section 2, by adding the following new section:

SECTION XX. Notwithstanding any general or special law to the contrary, no development of the property known as "bayside" owned by the University of Massachusetts on Columbia Point in the city of Boston shall proceed without first safely decommissioning and deconstructing the Bayside Expo Sign on the site.

Budget Amendment ID: FY2022-S3-126

OTH 126

Creditable Service

Messrs. Collins, O'Connor and Tarr moved that the proposed new text be amended in section 2, by adding the following new section:

SECTION XX. Section 4 of Chapter 32 is hereby amended by inserting in subsection (1) at the end thereof the following:

“unless he is a member of the National Guard or Active reserve, then every five years of service as a reserve member shall constitute one additional year of creditable service time.”

And further, in subsection (b), by inserting at the end thereof the following:

“unless he is a member of the National Guard or Active reserve, then every five years of service as a reserve member shall constitute one additional year of creditable service time.”

Budget Amendment ID: FY2022-S3-127

OTH 127

Offshore Wind Development

Messrs. Montigny, O'Connor and Pacheco moved that the proposed new text be amended by striking out section 36 in its entirety and inserting in place thereof the following section:-

“SECTION 36. Subsection (b) of section 58 of chapter 228 of the acts of 2018 is hereby amended by striking out the words “offshore energy exploration or development” in subsection (b) and inserting in place thereof the following words:- offshore oil and gas exploration or development; provided further, that said piers may be used to support offshore wind development and operations that do not conflict with multi-use improvements set forth under chapter 286 of the acts of 2014 or accessory uses as set forth below.”.

Budget Amendment ID: FY2022-S3-128

OTH 128

Credit for Reinsurance

Messrs. Crighton and Moore moved that the proposed new text be amended by inserting the following sections:-

“SECTION XX . Subsection (1) of section 20A of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (A), (B), (C), (D), (E), (E1/2) or (F) of this subsection.

SECTION XX . Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by inserting after paragraph (E)(vii):-

(E1/2) (i) Credit shall be allowed when the reinsurance is ceded to an assuming insurer meeting each of the conditions set forth below.

(a) The assuming insurer must have its head office or be domiciled in, as applicable, and be licensed in a Reciprocal Jurisdiction. A “Reciprocal Jurisdiction” is a jurisdiction that meets one of the following:

1.A non-U.S. jurisdiction that is subject to an in-force covered agreement with the United States, each within its legal authority, or, in the case of a covered agreement between the United States and European Union, is a member state of the European Union. For purposes of this subsection, a “covered agreement” is an agreement entered into pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. §§ 313 and 314, that is currently in effect or in a period of provisional application and addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in this state or for allowing the ceding insurer to recognize credit for reinsurance.

2.A U.S. jurisdiction that meets the requirements for accreditation under the NAIC financial standard and accreditation program; or

3.A qualified jurisdiction, as determined by the commissioner pursuant to subsection (1)(E)(iii) of this section, which is not otherwise described in subparagraph (a)(1) or (a)(2) above and which meets certain additional requirements, consistent with the terms and conditions of inforce covered agreements, as specified by the commissioner in regulation.

(b)The assuming insurer must have and maintain, on an ongoing basis, minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it must have and maintain, on an ongoing basis, minimum capital and surplus equivalents (net of liabilities), calculated according to the methodology applicable in its domiciliary jurisdiction, and a central fund containing a balance in amounts to be set forth in regulation.

(c) The assuming insurer must have and maintain, on an ongoing basis, a minimum solvency or capital ratio, as applicable, which will be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it must have and maintain, on an ongoing basis, a minimum solvency or capital ratio in the Reciprocal Jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed.

(d)The assuming insurer must agree and provide adequate assurance to the commissioner, in a form specified by the commissioner pursuant to regulation, as follows:

1.The assuming insurer must provide prompt written notice and explanation to the commissioner if it falls below the minimum requirements set forth in subparagraphs (b) or (c), or if any regulatory action is taken against it for serious noncompliance with applicable law;

2.The assuming insurer must consent in writing to the jurisdiction of the courts of the Commonwealth and to the appointment of the commissioner as agent for service of process. The commissioner may require that consent for service of process be provided to the commissioner and included in each reinsurance agreement. Nothing in this provision shall limit, or in any way alter, the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such agreements are unenforceable under applicable insolvency or delinquency laws;

3.The assuming insurer must consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgment was obtained;

4.Each reinsurance agreement must include a provision requiring the assuming insurer to provide security in an amount equal to one hundred percent (100%) of the assuming insurer’s liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate; and

5.The assuming insurer must confirm that it is not presently participating in any solvent scheme of arrangement which involves this state’s ceding insurers, and agrees to notify the ceding insurer and the commissioner and to provide security in an amount equal to one hundred percent (100%) of the assuming insurer’s liabilities to the ceding insurer, should the assuming insurer enter into such as solvent scheme of arrangement. Such security shall be in a form consistent with the provisions of subsection (1)(E) and (2) and as specified by the commissioner in regulation.

(e) The assuming insurer or its legal successor must provide, if requested by the commissioner, on behalf of itself and any legal predecessors, certain documentation to the commissioner, as specified by the commissioner in regulation.

(f) The assuming insurer must maintain a practice of prompt payment of claims under reinsurance agreements, pursuant to criteria set forth in regulation.

(g)The assuming insurer’s supervisory authority must confirm to the commissioner on an annual basis, as of the preceding December 31 or at the annual date otherwise statutorily reported to the Reciprocal Jurisdiction that the assuming insurer complies with the requirements set forth in subparagraphs (b) and (c).

(h)Nothing in this provision precludes an assuming insurer from providing the commissioner with information on a voluntary basis.

(ii) The commissioner shall timely create and publish a list of Reciprocal Jurisdictions.

(a) A list of Reciprocal Jurisdictions is published through the NAIC Committee Process. The commissioner’s list shall include any Reciprocal Jurisdiction as defined under subsection (1)(E1/2)(i)(a)(1) and (2), and shall consider any other Reciprocal Jurisdiction included on the NAIC list. The commissioner may approve a jurisdiction that does not appear on the NAIC list of Reciprocal Jurisdictions in accordance with criteria to be developed under regulations issued by the commissioner.

(b) The commissioner may remove a jurisdiction from the list of Reciprocal Jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a Reciprocal Jurisdiction, in accordance with a process set forth in regulations issued by the commissioner, except that the commissioner shall not remove from the list of Reciprocal Jurisdiction as defined under subsection 1(E1/2)(i)(a)(1) and (2). Upon removal of a Reciprocal Jurisdiction from the list credit for reinsurance ceded to an assuming insurer which has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed pursuant to this section 20A.

(iii) The commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in accordance with this subsection. The commissioner may add an assuming insurer to such list if an NAIC accredited jurisdiction has added such assuming insurer to a list of such assuming insurers or if, upon initial eligibility, the assuming insurer submits the information to the commissioner as required under paragraph (i)(d) of this subsection and complies with any additional requirements that the commissioner may impose by regulation, except to the extent that they conflict with an applicable covered agreement.

(iv) If the commissioner determines that an assuming insurer no longer meets one or more of the requirements under this subsection, the commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.

(a)While an assuming insurer’s eligibility is suspended, no reinsurance agreement issued, amended or renewed after the effective date of the suspension qualified for credit except to the extent that the assuming insurer’s obligations under the contract are secured in accordance with subsection 2.

(b)If an assuming insurer’s eligibility is revoked, no credit for reinsurance may be granted after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer’s obligations under the contract are secured in a form acceptable to the commissioner and consistent with the provision of subsection 2.

(v) If subject to a legal process of rehabilitation, liquidation or conservation, as applicable, the ceding insurer, or its representative, may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities.

(vi) Nothing in this subsection shall limit or in any way alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in that reinsurance agreement, except as prohibited by this Section 20A or other applicable law or regulation.

(vii) Credit may be taken under this subsection only for reinsurance agreements entered into, amended, or renewed on or after the effective date of the statute adding this subsection, and only with respect to losses incurred and reserves reported on or after the later of (i) the date on which the assuming insurer has met all eligibility requirements pursuant to subsection 1(E1/2)(i) herein, and (ii) the effective date of the new reinsurance agreement, amendment, or renewal.

(a)This paragraph does not alter or impair a ceding insurer’s right to take credit for reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance qualifies for credit under any other applicable provision of section 20A.

(b)Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement.

(c)Nothing in this subsection shall limit, or in any way alter, the capacity of parties to any reinsurance agreement to renegotiate the agreement.

SECTION XX . Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by striking out paragraph (F) and inserting thereof:- (F) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (A), (B), (C), (D), (E), or (E1/2) but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction.

SECTION XX. Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by striking out paragraph (H) and inserting thereof:- (H) If the assuming insurer does not meet the requirements of paragraphs (A), (B), (C) or (E1/2), the credit permitted by paragraph (D) shall not be allowed unless the assuming insurer agrees in substance in the trust agreements to the following conditions:

SECTION XX . Clause (iv) of paragraph (B) of subsection (5) of said section 20A of said chapter 175, as so appearing, is hereby amended by striking out the three subclauses and inserting in place thereof the following subclauses:-

(a)meets the conditions set forth in paragraph (E1/2) of subsection (1) of this section; or

(b)is certified in the commonwealth; or

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

Budget Amendment ID: FY2022-S3-128-R1

Redraft OTH 128

Credit for Reinsurance

Messrs. Crighton and Moore moved that the proposed new text be amended by inserting after section 23 the following 5 sections:-

“SECTION 23A. Subsection (1) of section 20A of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (A), (B), (C), (D), (E), (E1/2) or (F) of this subsection.

SECTION 23B. Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by inserting after paragraph (E) the following paragraph:-

(E1/2) (i) Credit shall be allowed when the reinsurance is ceded to an assuming insurer meeting each of the conditions set forth below.

(a) The assuming insurer shall have its head office or be domiciled in, as applicable, and be licensed in a Reciprocal Jurisdiction. For the purposes of this paragraph, “Reciprocal Jurisdiction” shall mean a jurisdiction that is:

1. A non-United States jurisdiction that is subject to an in-force covered agreement with the United States, each within its legal authority, or, in the case of a covered agreement between the United States and European Union, is a member state of the European Union; provided, however, that for the purposes of this subsection, a “covered agreement” shall mean an agreement entered into pursuant to the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. §§ 313 and 314, that is currently in effect or in a period of provisional application and addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in the commonwealth or for allowing the ceding insurer to recognize credit for reinsurance;

2. A United States jurisdiction that meets the requirements for accreditation under the National Association of Insurance Commissioners financial standard and accreditation program; or

3. A qualified jurisdiction, as determined by the commissioner pursuant to subsection (1)(E)(iii) of this section, which is not otherwise described in subparagraph (a)(1) or (a)(2) above and which meets certain additional requirements, consistent with the terms and conditions of in-force covered agreements, as specified by the commissioner in regulation.

(b) The assuming insurer shall have and maintain on an ongoing basis minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it shall have and maintain on an ongoing basis minimum capital and surplus equivalents, net of liabilities, calculated according to the methodology applicable in its domiciliary jurisdiction, and a central fund containing a balance in amounts to be set forth in regulation.

(c) The assuming insurer shall have and maintain on an ongoing basis a minimum solvency or capital ratio, as applicable, which will be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it shall have and maintain on an ongoing basis a minimum solvency or capital ratio in the Reciprocal Jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed.

(d) The assuming insurer shall agree and provide adequate assurance to the commissioner, in a form specified by the commissioner pursuant to regulation, that:

1. The assuming insurer shall provide prompt written notice and explanation to the commissioner if it falls below the minimum requirements set forth in subparagraphs (b) or (c), or if any regulatory action is taken against it for serious noncompliance with applicable law;

2. The assuming insurer shall consent in writing to the jurisdiction of the courts of the commonwealth and to the appointment of the commissioner as agent for service of process; provided, however, that the commissioner may require that consent for service of process be provided to the commissioner and included in each reinsurance agreement; provided further, that nothing in this provision shall limit or in any way alter the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such agreements are unenforceable under applicable insolvency or delinquency laws;

3. The assuming insurer shall consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor that have been declared enforceable in the jurisdiction where the judgment was obtained;

4. Each reinsurance agreement shall include a provision requiring the assuming insurer to provide security in an amount equal to 100 per cent of the assuming insurer’s liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate; and

5. The assuming insurer shall confirm that it is not presently participating in any solvent scheme of arrangement that involves this state’s ceding insurers and agrees to notify the ceding insurer and the commissioner and to provide security in an amount equal to 100 per cent of the assuming insurer’s liabilities to the ceding insurer should the assuming insurer enter into such as solvent scheme of arrangement; provided, however, that such security shall be in a form consistent with the provisions of subsection (1)(E) and (2) and as specified by the commissioner in regulation.

(e) The assuming insurer or its legal successor shall provide, if requested by the commissioner, on behalf of itself and any legal predecessors certain documentation to the commissioner as specified by the commissioner in regulation.

(f) The assuming insurer shall maintain a practice of prompt payment of claims under reinsurance agreements pursuant to criteria set forth in regulation.

(g)The assuming insurer’s supervisory authority shall confirm to the commissioner on an annual basis that as of the preceding December 31 or at the annual date otherwise statutorily reported to the Reciprocal Jurisdiction that the assuming insurer complies with the requirements set forth in subparagraphs (b) and (c).

(h) Nothing in this provision precludes an assuming insurer from providing the commissioner with information on a voluntary basis.

(ii) The commissioner shall timely create and publish a list of Reciprocal Jurisdictions.

(a) The commissioner’s list shall include any Reciprocal Jurisdiction as defined under subsection (1)(E1/2)(i)(a)(1) and (2), and shall consider any other Reciprocal Jurisdiction included on the National Association of Insurance Commissioners’ list. The commissioner may approve a jurisdiction that does not appear on the National Association of Insurance Commissioners’ list of Reciprocal Jurisdictions in accordance with criteria to be developed under regulations issued by the commissioner.

(b) The commissioner may remove a jurisdiction from the list of Reciprocal Jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a Reciprocal Jurisdiction, in accordance with a process set forth in regulations issued by the commissioner, except that the commissioner shall not remove from the list of Reciprocal Jurisdiction as defined under subsection (1)(E1/2)(i)(a)(1) and (2). Upon removal of a Reciprocal Jurisdiction from the list credit for reinsurance ceded to an assuming insurer that has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed pursuant to this section.

(iii) The commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in accordance with this subsection. The commissioner may add an assuming insurer to such list if a National Association of Insurance Commissioners accredited jurisdiction has added such assuming insurer to a list of such assuming insurers or if, upon initial eligibility, the assuming insurer submits the information to the commissioner as required under paragraph (i)(d) of this subsection and complies with any additional requirements that the commissioner may impose by regulation, except to the extent that they conflict with an applicable covered agreement.

(iv) If the commissioner determines that an assuming insurer no longer meets 1 or more of the requirements under this subsection, the commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.

(a)While an assuming insurer’s eligibility is suspended, no reinsurance agreement issued, amended or renewed after the effective date of the suspension shall be qualified for credit except to the extent that the assuming insurer’s obligations under the contract are secured in accordance with subsection (2).

(b) If an assuming insurer’s eligibility is revoked, no credit for reinsurance may be granted after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer’s obligations under the contract are secured in a form acceptable to the commissioner and consistent with the provision of subsection (2).

(v) If subject to a legal process of rehabilitation, liquidation or conservation, as applicable, the ceding insurer or its representative may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities.

(vii) Credit may be taken under this paragraph only with respect to losses incurred and reserves reported on or after the later of: (i) the date on which the assuming insurer has met all eligibility requirements pursuant to subsection (1)(E1/2)(i); and (ii) the effective date of the new reinsurance agreement, amendment or renewal.

(a) This paragraph shall not alter or impair a ceding insurer’s right to take credit for reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance qualifies for credit under any other applicable provision of this section.

(b) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement.

(c) Nothing in this subsection shall limit or in any way alter the capacity of parties to any reinsurance agreement to renegotiate the agreement.

SECTION 23C. Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by striking out paragraph (F) and inserting in place thereof the following paragraph:-

(F) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (A), (B), (C), (D), (E) or (E1/2) but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction.

SECTION 23D. Paragraph (H) of said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

If the assuming insurer does not meet the requirements of paragraphs (A), (B), (C) or (E1/2), the credit permitted by paragraph (D) shall not be allowed unless the assuming insurer agrees in substance in the trust agreements to the following conditions:

SECTION 23E. Clause (iv) of paragraph (B) of subsection (5) of said section 20A of said chapter 175, as so appearing, is hereby amended by striking out the subclauses (a) and (b) and inserting in place thereof the following 3 subclauses:-

(a) meets the conditions set forth in paragraph (E1/2) of subsection (1);

(b) is certified in the commonwealth; or

(c) maintains at least $250,000,000 in capital and surplus when determined in accordance with the National Association of Insurance Commissioners’ Accounting Practices and Procedures Manual, as amended, excluding the impact of any permitted or prescribed practices, and is licensed in at least 26 states or licensed in at least 10 states and licensed or accredited in a total of at least 35 states.”; and

by inserting after section 60 the following section:-

“SECTION 60A. Credit may be taken under paragraph (E1/2) of subsection (1) of section 20A of chapter 175 of the General Laws only for reinsurance agreements entered into, amended or renewed on or after the effective date of this act.”.

Budget Amendment ID: FY2022-S3-129

OTH 129

Continuing Care Bed Reporting

Mr. Crighton, Ms. Gobi, Messrs. Lesser, O'Connor, Tarr, Gomez, Velis and Cyr moved that the proposed new text be amended by inserting the following section:-

SECTION XX. (a) Notwithstanding any general or special law to the contrary, the department of mental health shall post to the department’s website, on a monthly basis, data on the availability of adult and pediatric beds at inpatient continuing care facilities that are under the supervision or control of the department, including those operated by or contracted by the department. Such data shall include, but not be limited to: (i) per continuing care facility the: (A) number of operational beds; (B) number of beds that have been taken out of operation; (C) inpatient census data; (D) number of forensic patients admitted; (E) number of patients discharged; (F) number of patients who cannot be discharged from the continuing care facility to the community due to the acuity of their behavioral health diagnosis or forensic status; (G) number of patients appropriate for discharge from continuing care but who are awaiting an available community placement; and (ii) the number of patients that have been admitted from the waitlist for continuing care placement, disaggregated by the continuing care facility that accepted the patient and by the inpatient facility the patient was accepted from. To the extent feasible, all data shall be disaggregated by race, ethnicity, gender identity, age and other demographic information.

(b) Notwithstanding any general or special law to the contrary, not later than January 1, 2022 the department of mental health shall post to its website historic data on the previous 15 years of operational continuing care beds, per continuing care facility operated by or contracted by the department, including, but not limited to, the operational status of beds.

(c) Notwithstanding any general or special law to the contrary, the department’s continuing care referral list, known as the inpatient referral summary, shall include data on patients in acute psychiatric facilities waiting for acceptance to continuing care facilities. The inpatient referral summary shall indicate the length of time a patient has awaited a continuing care placement, and shall indicate by each inpatient psychiatric facility the number of patients that have been awaiting placement for: i) 0 to 7 days; ii) 8 to 30 days; iii) 31 days to 3 months; iv) more than 3 months to 6 months; v) more than 6 months to 9 months; vi) more than 9 months to 12 months; and vii) more than 12 months. In calculating the amount of time a patient has been awaiting a continuing care placement, the department shall include the time the patient waited between the submission of an application and eventual acceptance to a continuing care facility in addition to the time the patient awaited transfer after acceptance for admission. Said report shall be distributed to all licensed psychiatric hospitals and units on a weekly basis.

(d) Notwithstanding any general or special law to the contrary, if continuing care beds are taken out of operation, either by the department or by a contractor of the department, the department shall immediately report to the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on health care financing, and the joint committee on mental health, substance use and recovery: i) the number of beds taken out of operation and facility where the beds taken offline are located; and ii) the rationale for taking the beds offline.

and further moves to amend the bill in section 2, in item 5095-0015, by striking out the figure “$5,000,000” and inserting in place thereof the figure:- “$10,00,000”;

and further moves to amend said item by inserting after “for clients formerly receiving inpatient care at the center and facilities;” the following:-

“provided further, that the department shall expend $13,000,000 to expand inpatient continuing care facilities so that the total number of continuing care beds exceed the number of operational beds prior to March 10, 2020;”;

and further moves to amend said item by striking the figure “255,074,772” and inserting in place thereof the figure “273,074,772”.;

and further moves to amend the bill in section 2, in item 5046-0000, by striking the figure “$5,000,000” and inserting in place thereof the figure: “$10,000,000”;

and further moves to amend said item by striking the figure “507,503,141” and inserting in place thereof the figure “512,503,141”.;

and further moves to amend the bill in section 2, in item 5055-0000, by inserting after “juvenile court clinics” the following:-

“;provided further, than not less than $200,000 be expended for a study conducted by the department of mental health to assess: (i) the feasibility of the state establishing a forensic psychiatric treatment setting that does not use continuing care inpatient beds maintained by the department and is not located at Bridgewater State Hospital, provided that the department may operate or contract with providers to operate said forensic psychiatric treatment setting; (ii) in conjunction with the trial courts, the feasibility of establishing community forensic evaluation programs geographically equitably across the commonwealth, the establishment of a step down pathway for forensic patients to community-based psychiatric treatment services that does not first require treatment for said patients in an inpatient facility operated by or contracted with the department, and the development of any necessary additional and appropriate settings of psychiatric care for forensic patients that are not operated by the department ”;

and further amend said item by striking out the figure “11,094,543” and inserting in place thereof the figure “11,294,543”.

and further moves to amend the bill in section 2, in item 4000-0300, by inserting after “the subsequent month” the following:-

“; provided further, that in calculating rates of payment for high acuity adult and pediatric psychiatric patients enrolled in MassHealth receiving intensive inpatient psychiatric services at acute care hospitals and freestanding psychiatric hospitals, the executive office, in conjunction with providers who operate or have current plans to operate specialized inpatient psychiatric units for adults and youth, shall develop, and MassHealth shall make enhanced payments at a rate sufficient to ensure the viability of intensive acute psychiatric treatment for the duration of a patient’s course of treatment, including the cost of providing intensive services, augmented staff, blocked beds, the continued maintenance of available beds including within intensive units, the preservation of a patient’s care team for the duration of treatment and specialized training for staff; provided further, that MassHealth shall conduct an analysis in consultation with the Massachusetts Health and Hospital Association, Conference of Boston Teaching Hospitals and Massachusetts Association of Behavioral Health Systems regarding the need for additional intensive inpatient psychiatric units for high acuity psychiatric patients beyond those units currently proposed”.

Budget Amendment ID: FY2022-S3-130

OTH 130

Relative to Hemp and Hemp Products in the Commonwealth

Ms. DiZoglio, Messrs. O'Connor, Fattman and Pacheco moved that the proposed new text be amended by inserting after section 63 the following sections:-

SECTION X. Section 1 of chapter 94G of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following definition:-

“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.

SECTION XX. Said section 1 of said chapter 94G is hereby further amended by striking out lines 49-55, and inserting in place thereof the following definition:-

“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration percentage that does not exceed the limit set by federal law for hemp. Hemp shall be considered an agricultural commodity.

SECTION XXX. Section 116 of chapter 128 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out lines 4-12, and inserting in place thereof the following definitions:-

“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.

“Hemp Products”, all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, animal and human products intended for topical application such as cosmetics, personal care and grooming products; animal and human products intended for consumption such as dietary supplements, foods and beverages; and products intended for other uses such as cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.

“Tetrahydrocannabinol” or “THC”, shall have the definition as found in federal law.

SECTION XXXX. Chapter 128 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out sections 117-123, and inserting in place thereof the following sections:-

Section 117. (a) Industrial hemp may be planted, grown, harvested, possessed, processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting, possessing, processing or research of industrial hemp as an agricultural product shall be subject to the supervision and approval of the department pursuant to sections 116 to 123, inclusive.

(b) A person planting, growing, harvesting, possessing or processing industrial hemp shall be licensed by the department;

(d) A person utilizing industrial hemp for research shall register with the department.

(e) An application for a license issued pursuant to subsection (b) or (c) shall include, but not be limited to: (i) the name and address of any applicants; (ii) the name and address of the industrial hemp operation of the applicant; (iii) the global positioning system coordinates and legal description of the property used for the industrial hemp operation; (iv) the acreage size of the field where the industrial hemp will be grown, if applicable; (v) a written consent allowing the department to conduct both scheduled and random inspections of and around the premises on which the industrial hemp is being sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount which shall be established by the commissioner; (vii) any other information as may be required pursuant to subsection (d); and (vii) any other information as may be required by the commissioner.

(f) All documents included in an application for licensure submitted under subsection (e) except for the address of a licensee’s cultivation or production facilities and any documents describing, depicting or otherwise outlining a licensee’s security schematics or global positioning system coordinates, which are considered by the department to be confidential in nature due to their public safety implications, shall be considered public records for the purposes of chapter 66.

Section 118. (a) After receipt, review and approval of an application for licensure pursuant to section 117, the commissioner may grant an annual license upon issuance of written findings that the requirements of sections 116 to 123, inclusive, have been satisfied.

(b) The commissioner shall deny an application for a license filed pursuant to section 117 if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections 116 to 123, inclusive; or (ii) for good cause shown.

Section 119. The commissioner shall suspend, revoke or refuse to renew the license of a person who violates sections 116 to 123, inclusive, following appropriate process in accordance with chapter 30A.

Section 120. (a) The department and the commissioner shall promulgate rules and regulations for the implementation, administration and enforcement of sections 116 to 123, inclusive.

(b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if the regulation is necessary to protect the interests of the commonwealth in regulating industrial hemp.

Section 121. The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing or researching of hemp or industrial hemp. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.

Section 122. (a) Notwithstanding any other provision of law to the contrary, dietary supplements, food or food products that contain hemp or any part of the hemp plant, including the seeds and all naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, isomers, acids, salts, salts of isomers or cannabidiol derivatives, are not considered to be adulterated or misbranded based solely on the inclusion of hemp or any part of the hemp plant. The marketing, sale or distribution of dietary supplements, food or food products within the commonwealth that contain hemp or any part of the hemp plant may not be restricted or prohibited based solely on the inclusion of hemp or any part of the hemp plant. The label of a hemp product may not make any claims that food or food products that contain hemp can treat, cure or prevent any disease without approval pursuant to federal law.

(b) Hemp and hemp products cultivated and manufactured in other states pursuant to a USDA approved hemp program, or produced lawfully under the laws of another state, tribe, or country, may be sold within the Commonwealth.

(c) Notwithstanding any other law, derivatives of hemp, including hemp-derived cannabidiol, may be added to animal and human products intended for topical application such as cosmetics, personal care and grooming products and animal and human products intended for consumption such as dietary supplements, foods and beverages, and such an addition is not considered an adulteration of such products.

(d) The THC found in hemp and being within the federally defined THC level for hemp shall not be considered to be THC in qualifying as a controlled substance.

Section 123. The department may establish civil administrative fines for violations of sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section or a licensure action under section 119 may appeal by filing a notice of appeal with the department not later than 21 days after the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.

Budget Amendment ID: FY2022-S3-131

OTH 131

Preserving the practice of including annual payments in lieu of vacation as regular compensation for current retirees and active retirement system members where such benefit existed as of May 2018

Mr. Brady, Ms. DiZoglio, Messrs. Hinds, Moore, Pacheco, Gomez, Feeney and Timilty moved that the proposed new text be amended by inserting the following section:-

SECTION XXXX. Notwithstanding any general or special law to the contrary, a retirement allowance, as defined in section 1 of chapter 32 of the General Laws, to a member inactive, as defined in section 3 of said chapter 32, that included in its calculation the annual amounts paid in lieu of vacation leave upon which contributions or deductions were made to the applicable retirement system, shall not be reduced, modified or changed because of the inclusion of such contributions or deductions.

Section 2. Notwithstanding any general or special law to the contrary, any amount paid annually to a member in service, as defined in section 3 of chapter 32 of the General Laws, in lieu of vacation pursuant to any applicable collective bargaining agreement, individual contract for employment, or municipal plan or ordinance in effect on May 1, 2018 and for which the applicable retirement system was accepting regular contributions or deductions as of May 1, 2018, shall be considered regular compensation, as defined in section 1 of said chapter 32. Such payments in lieu of vacation leave shall continue to qualify as regular compensation as long as said payments in lieu of vacation leave are permitted under an applicable collective bargaining agreement, individual contract, or municipal plan or ordinance. To qualify as regular compensation, such annual payments in lieu of vacation leave shall be to a member who consistently participates in a program that is available to all similarly situated employees and shall not have been made primarily in the final three years of employment or as a result of providing retirement notice.

Section 3. Notwithstanding any general or special law to the contrary, the retirement systems subject to the requirements in sections 1 and 2 of this act shall regard any payments in lieu of vacation leave that were made to members in service subsequent to May 1, 2018 as regular compensation and the systems shall take appropriate measures to effectuate this provision.

Budget Amendment ID: FY2022-S3-132-R1

Redraft OTH 132

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 0610-0010, by striking out the figure “$630,396” and inserting in place thereof the following figure:- “$810,396”; and

in said section 2, in item 1410-0010, by striking out the figure “$4,637,822” and inserting in place thereof the following figure:- “$4,887,822”; and

in said section 2, in item 1410-0250, by striking out the figure “$3,582,655” and inserting in place thereof the following figure:- “$4,162,655”; and

in said section 2, in item 1410-1616, by striking out the figure “$400,000” and inserting in place thereof the following figure:- “$515,000”; and

in said section 2, in item 1599-0026, by striking out the figure “$4,750,000” and inserting in place thereof the following figure:- “$7,050,000”; and

in said section 2, in item 2000-0100, by striking out the figure “$11,427,196” and inserting in place thereof the following figure:- “$11,837,196”; and

in said section 2, in item 2200-0100, by striking out the figure “$33,284,358” and inserting in place thereof the following figure:- “$33,464,358”; and

in said section 2, in item 2330-0100, by striking out the figure “$7,191,891” and inserting in place thereof the following figure:- “$7,566,891”; and

in said section 2, in item 2511-0100, by striking out the figure “$8,626,467” and inserting in place thereof the following figure:- “$8,901,467”; and

in said section 2, in item 2511-0105, by striking out the figure “$30,260,000” and inserting in place thereof the following figure:- “$30,530,000”; and

in said section 2, in item 2810-0122, by striking out the figure “$150,000” and inserting in place thereof the following figure:- “$2,390,000”; and

in said section 2, in item 3000-1000, by striking out the figure “$6,394,823” and inserting in place thereof the following figure:- “$6,694,823”; and

in said section 2, in item 4000-0300, by striking out the figure “$115,234,923” and inserting in place thereof the following figure:- “$116,359,923”; and

in said section 2, in item 4110-1000, by striking out the figure “$6,359,783” and inserting in place thereof the following figure:- “$7,559,783”; and

in said section 2, in item 4401-1000, by striking out the figure “$15,550,103” and inserting in place thereof the following figure:- “$16,050,103”; and

in said section 2, in item 4510-0100, by striking out the figure “$21,049,963” and inserting in place thereof the following figure:- “$21,304,963”; and

in said section 2, in item 4510-0110, by striking out the figure “$2,002,548” and inserting in place thereof the following figure:- “$2,452,548”; and

in said section 2, in item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$1,990,000”; and

in said section 2, in item 4512-2020, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$1,250,000”; and

in said section 2, in item 4513-1000, by striking out the figure “$13,703,566” and inserting in place thereof the following figure:- “$13,853,566”; and

in said section 2, in item 4513-1026, by striking out the words “; and provided further, that not less than $200,000 shall be expended for the United Way of TriCounty’s Call 2 Talk program”; and

in said section 2, in item 4800-0038, by striking out the figure “$299,600,800” and inserting in place thereof the following figure:- “$300,255,800”; and

in said section 2, in item 5011-0100, by adding the following:- “; provided further, that the department shall contract with the Massachusetts Society for the Prevention of Cruelty to Children and the Children’s Mental Health Campaign to conduct said analysis and report; and provided further, that not less than $200,000 shall be expended for the United Way of TriCounty’s Call 2 Talk program; and

in said section 2, in said item 5011-0100, by striking out the figure “$29,973,790” and inserting in place thereof the following figure:- “$30,173,790”; and

in said section 2, in item 5042-5000, by striking out the figure “$97,309,089” and inserting in place thereof the following figure:- “$98,009,089”; and

in said section 2, in item 5920-2000, by striking out the words “, that annualized funding shall be expended for turning 22 clients who began receiving services in fiscal year 2021 under item 5920-5000 of section 2 of chapter 154 of the acts of 2018; provided further”; and

in said section 2, in item 7002-0010, by striking out the figure “$2,581,480” and inserting in place thereof the following figure:- “$3,181,480”; and

in said section 2, in item 7003-0100, by striking out the figure “$400,000”, inserted by amendment 705, and inserting in place thereof the following figure:- “$800,000”; and

in said section 2, in said item 7003-0100, by striking out the figure “$792,620” and inserting in place thereof the following figure:- “$1,792,620”; and

in said section 2, in item 7004-0101, by striking out the figure “$195,885,750” and inserting in place thereof the following figure:- “$196,810,750”; and

in said section 2, in item 7004-0107, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$1,340,000”; and

in said section 2, in item 7008-1116, by striking out the figure “$390,000” and inserting in place thereof the following figure:- “$7,298,000”; and

in said section 2, in item 7010-1192, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$4,592,000”; and

in said section 2, in item 7027-0019, by striking out the figure “$7,000,000” and inserting in place thereof the following figure:- “$7,500,000”; and

in said section 2, in item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$3,019,750”; and

in said section 2, in item 8100-1004, by striking out, in line 10, the word “advisory” and inserting in place thereof the following word:- “oversight”; and

in said section 2, in item 8324-0000, by striking out the figure “$29,392,332” and inserting in place thereof the following figure:- “$30,342,332”; and

in said section 2, in item 8324-0050, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$397,000”; and

in said section 2, in item 8900-0001, by striking out the figure “$696,357,000” and inserting in place thereof the following figure:- “$698,947,000”; and

in said section 2, in item 9110-9002, by striking out the figure “$17,151,651” and inserting in place thereof the following figure:- “$17,471,651”; and

in said section 2E, in item 1595-6368, by striking out the figure “$351,587,919” and inserting in place thereof the following figure:- “$351,667,919”; and

in section 12, by striking out, in lines 2 to 4, inclusive, the words “the salary and compensation amounts paid to an employee or individual employed in the production of the motion picture in excess of” and inserting in place thereof the following words:- “any portion of salary or compensation paid to an employee or individual employed in the production of the motion picture that exceeds”; and

in section 14, by striking out, in line 3, the figure “(w)” and inserting in place thereof the following figure:- “(x)”; and

in said section 14, by striking out, in line 11, the figure “(x)” and inserting in place thereof the following figure:- “(y)”; and

in said section 14, by striking out, in line 17, the figure “(w)” and inserting in place thereof the following figure:- “(x)”; and

in section 15, by striking out, in lines 2 to 4, inclusive, the words “the salary and compensation amounts paid to an employee or individual employed in the production of the motion picture in excess of” and inserting in place thereof the following words:- “any portion of salary or compensation paid to an employee or individual employed in the production of the motion picture that exceeds”; and

in section 17, by inserting after the word “a”, in line 23, the following word:- “refundable”; and

in section 20, by striking out, in lines 9 and 10, the words “that is not a covered outpatient drug under said 42 U.S.C. 1396r-8”; and

in section 44, by striking out, in lines 4 and 5, the words “on or after January 1, 2022 shall not be transferred, sold or assigned” and inserting in place thereof the following words:- “shall not be transferred, sold or assigned if the application for the tax credit was submitted on or after January 1, 2022”; and

in section 46A, inserted by amendment 52, by inserting after the word “designee”, the first time it appears, the following words:- “, who shall serve as chair”; and

by inserting after section 36 the following 2 sections:-

“SECTION 36A. Item 7008-1117 of section 2A of chapter 142 of the acts of 2019 is hereby amended by striking out the figure “2021”, inserted by section 87 of chapter 124 of the acts of 2020, and inserting in place thereof the following figure:- 2022.

SECTION 36B. Item 1599-0026 of section 2 of chapter 227 of the acts of 2020 is hereby amended by striking out the words “for maintenance and repair of open spaces in the town of Westport, including athletic fields and other spaces providing fresh air and exercise during the 2019 novel coronavirus” and inserting in place thereof the following words:- “to the Westport Youth Athletic Association, Inc. for maintenance and repair of open spaces in the town of Westport, including athletic fields and other spaces providing fresh air and exercise during the 2019 novel coronavirus, and such funds shall be made available until June 30, 2022.”.

Budget Amendment ID: FY2022-S3-132

OTH 132

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 5920-2000, by striking out the words “, that annualized funding shall be expended for turning 22 clients who began receiving services in fiscal year 2021 under item 5920-5000 of section 2 of chapter 154 of the acts of 2018; provided further”; and

in said section 2, in item 5920-5000, by inserting after the word “year” the following words:- “2021 and fiscal year”; and

in section 17, by inserting after the word “a”, in line 23, the following word:- “refundable”; and

in section 20, by striking out, in lines 9 and 10, the words “that is not a covered outpatient drug under said 42 U.S.C. 1396r-8”.

Budget Amendment ID: FY2022-S3-133

OTH 133

Carter Post

Mr. Collins moved that the proposed new text be amended in section 2, in item 1410-0010, by adding at the end thereof the following:- ";provided further, that not less than $50,000 shall be expended for the William E. Carter American Legion Post in the Mattapan section of the city of Boston" and in said item by striking the figure "$4,637,822" and inserting in place thereof the following figure:- "$4,687,822".

Budget Amendment ID: FY2022-S3-134

OTH 134

Special Commission on Poverty and Regional Disparities

Mr. Gomez, Ms. Gobi, Messrs. O'Connor and Pacheco moved that the proposed new text be amended Mr. Gomez of Springfield moves to amend the bill in Section 46, by striking in lines 33-35 the words “and (iv) a survey of existing public programs and services that most effectively reduce poverty both in the commonwealth and other states” and inserting in place thereof the following:- “(iv) an analyses of regional disparities in poverty rates in the commonwealth; and (v) a survey of existing public programs and services that most effectively reduce poverty both in the commonwealth and other states”.

Budget Amendment ID: FY2022-S3-136

OTH 136

Legislative Employee Living Wage

Ms. DiZoglio and Mr. Collins moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-

Section XX. (a) The minimum annual compensation of full-time entry-level permanent employees of the senate and the house of representatives and joint employees of the general court shall be fifty-five thousand dollars.

(b) The minimum annual compensation of part-time entry-level permanent employees of the senate and the house of representatives and joint employees of the general court shall be a percentage of the compensation set forth in subsection (a) in proportion to hours of employment.

(c) Reasonable and appropriate adjustments shall be made to the compensation tiers applicable to non-entry-level permanent employees of the senate and the house of representatives and joint employees of the general court to account for the minimum compensation set forth in subsections (a) and (b).

(d) As of the first day of each calendar year, the minimum annual compensation set forth in subsections (a) and (b) shall be increased at the same rate as increases in the median household income for the commonwealth for the preceding year, as ascertained by the governor.

(e) This section shall not preclude increases in compensation unrelated to increases in the median household income for the commonwealth.

(f) This section shall not apply to reduce the compensation of any legislative employee in effect prior to the effective date of this act.

(g) This section shall not apply to the members of the general court.

Budget Amendment ID: FY2022-S3-137

OTH 137

Legislative Employee Compensation Equity Adjustment

Ms. DiZoglio and Mr. Collins moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. (a) All permanent employees of the senate and the house of representatives and joint employees of the general court who were employed by the general court at any time during the period beginning March 13, 2020, and ending May 23, 2021, inclusive, and who are employed by the general court as of the effective date of this act, shall receive lump sum additional compensation equaling six percent of compensation earned during such period attributable to such employment.

(b) This section shall not apply to the members of the general court.

Budget Amendment ID: FY2022-S3-138

OTH 138

Legislative Employee Compensation COLAs

Ms. DiZoglio and Mr. Collins moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-

Section XX. (a) As of the first day of each calendar year, the annual compensation of permanent employees of the senate and the house of representatives and joint employees of the general court shall be increased at the same rate as increases in the median household income for the commonwealth for the preceding year, as ascertained by the governor.

(b) This section shall not preclude increases in compensation unrelated to increases in the median household income for the commonwealth.

Budget Amendment ID: FY2022-S3-139

OTH 139

Health Insurance Coverage

Ms. DiZoglio moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-

Section XX. All employees of the senate and the house of representatives and joint employees of the general court who are eligible for health insurance benefits and opt to receive health insurance benefits through the commonwealth shall be enrolled as of their employment start date and receive health insurance coverage effective as of their employment start date if such start date falls on the first day of the month, or as of the first day of the month following their employment start date if such start date falls on any day other than the first day of the month.

Budget Amendment ID: FY2022-S3-139-R1

Redraft OTH 139

Health Insurance Coverage

Ms. DiZoglio and Mr. Collins moved that the proposed new text be amended by inserting after section 60 the following section:-

“SECTION 60A. Notwithstanding any general or special law to the contrary, the group insurance commission shall conduct a study to evaluate the impact of the waiting period for health insurance for eligible new state employees who opt for health insurance provided by the group insurance commission. The study shall include, but not be limited to: (i) an analysis of the impact of the waiting period on potential candidates for state employment and on new state employees; (ii) an evaluation of the administrative rationale for the waiting period; (iii) the barriers to removing the waiting period for eligibility to receive health insurance under the group insurance commission; and (iv) an evaluation of the fiscal impact to the state of eliminating the health insurance waiting period. Not later than December 31, 2021, the group insurance commission shall submit a report of its findings to the clerks of the senate and house of representatives, the joint committee on public service and the senate and house committees on ways and means.”.

Budget Amendment ID: FY2022-S3-140

OTH 140

Prohibiting Taxpayer-Funded Nondisclosure Agreements

Ms. DiZoglio, Messrs. O'Connor and Tarr moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-

Section XX. (a) As used in this section, the term “governmental entity” shall mean the executive branch, the legislature, the judiciary, and any agency, office, department, board, commission, bureau, division, instrumentality or other entity of the commonwealth.

(b) No governmental entity shall include or permit the inclusion of a nondisclosure, non-disparagement or other similar clause as a condition of employment or in a settlement agreement between the governmental entity and an employee or a student; provided, however, that such a settlement may include, at the request of the employee or student, a provision that prevents the governmental entity from disclosing the individual’s identity and all facts that could lead to the discovery of the individual’s identity.

Budget Amendment ID: FY2022-S3-141

OTH 141

Employee Liaison; Mediation and Conflict Resolution Training

Ms. DiZoglio moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION XX. Chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-

Section XX. (a) There shall be for each branch of the general court an independent officer who shall serve as representative regarding employment matters, including, but not limited to, compensation, benefits, work environment, hours, position title, position duties and responsibilities, performance reviews, and employer-initiated termination of employment, at the request of any employee of the respective branch before any and all persons authorized and empowered to make employment-related decisions which may affect the employee. The officer shall represent the concerns of the employee anonymously unless expressly authorized by the employee and may present aggregated anonymized data to the office of human resources for the respective branch in such officer's discretion.

(b) The offices of human resources of the senate and the house of representatives shall provide or otherwise make available mediation and conflict resolution training to all managers and supervisors of legislative employees.

Budget Amendment ID: FY2022-S3-142

OTH 142

Hampden District Equity and Inclusion

Messrs. Gomez and Lesser moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following words:- "provided further, that not less than $50,000 shall be expended to the Healing Racism Institute of Pioneer Valley to aid them in building racism-free communities, organizations and institutions; provided further, that not less than $25,000 shall be expended for the Pioneer Valley Project in the City of Springfield to support leadership development programming with low-income youth of color in Springfield; provided further, that not less than $20,000 shall be expended for the Hispanic American Library"; and by striking out the figure "$390,000" and inserting in place thereof the following figure:- "$485,000".

Budget Amendment ID: FY2022-S3-144-R1

Redraft OTH 144

Establishing a commission on the 250th anniversary of the American Revolution

Messrs. Barrett, O'Connor and Tarr moved that the proposed new text be amended by inserting after section 60 the following section:-

“SECTION 60A. (a) There shall be a special commission to investigate and study the promotion and celebration of the two hundred and fiftieth anniversary of the American Revolution. The commission shall consist of: the house and senate chairs of the joint committee on tourism, arts and cultural development, who shall serve as co-chairs; 2 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 2 members of the senate, 1 of whom shall be appointed by the senate minority leader; 2 members who shall be appointed by the state secretary; 1 member who shall be appointed by the mayor of the city of Boston; 1 member who shall be appointed by the mayor of the city of Cambridge; 1 member who shall be appointed by the select board of town of Arlington; 1 member who shall be appointed by the select board of the town of Concord; 1 member who shall be appointed by the select board of the town of Lexington; 1 member who shall be appointed by the select board of the town of Lincoln; the commissioner of conservation and recreation or a designee; the adjutant general or a designee; the president of The Massachusetts Historical Society or a designee; the executive director of The American Antiquarian Society or a designee; the president of the Massachusetts Council for Social Studies, Inc. or a designee; the executive director of the commission on Indian affairs or a designee; the president of the New England Historic Genealogical Society or a designee; the executive director of Preservation Massachusetts or a designee; the executive director of the Massachusetts Foundation for the Humanities or a designee; the executive director of the Massachusetts cultural council or a designee; the executive director of the Massachusetts Lodging Association, Inc. or a designee; and 15 members who shall be appointed by the governor, 1 of whom shall be a representative of the executive office of education, 1 of whom shall be a representative of The Colonial Society of Massachusetts, 1 of whom shall be a representative of the Greater Boston Convention & Visitors Bureau, Inc., 1 of whom shall be a representative of the Museum of African American History in the city of Boston, 2 of whom shall be scholars from an institution of higher learning with expertise in the area of colonial, revolutionary era history or American civics, 1 of whom shall be a member of the greater Boston business community, 2 of whom shall be representatives of the federal National Park Service with experience in geographical areas of the commonwealth of importance to Revolutionary War history, 1 of whom shall be a member of the Wampanoag Tribe of Gay Head Aquinnah, 1 of whom shall be a member of the Mashpee Wampanoag Tribe, 1 of whom shall be a representative of the Freedom Trail Foundation, Inc., 2 of whom shall be representatives of the office of travel and tourism and 1 of whom shall be a representative of the Massachusetts chapter of the National Society Daughters of the American Revolution.

(b) As part of its study and investigation, the commission shall: (i) develop a comprehensive plan for promoting and celebrating the two hundred and fiftieth anniversary of the American Revolution; (ii) identify all opportunities for individuals, municipalities or other actors across the commonwealth to participate in celebrations of the anniversary and recognize the particular history of their geographical areas; (iii) investigate and promote under-represented voices in the American Revolution including, but not limited to, women, native peoples and persons of color; and (iv) submit a report to the governor, the speaker of the house of representatives, the senate president and the clerks of the house of representatives and the senate that shall include, but not be limited to, an overview of the commonwealth’s particular role in the American Revolution and notable battles, events and figures of the era. Upon agreement of the governor, speaker of the house of representatives and the senate president, the report may be published for distribution to the public.”.

Budget Amendment ID: FY2022-S3-144

OTH 144

Establishing a commission on the 250th anniversary of the American Revolution

Messrs. Barrett, O'Connor and Tarr moved that the proposed new text be amended by inserting after section 63 the following section:-

SECTION 64. There shall be a special commission to investigate and study the promotion and celebration of the two hundred and fiftieth anniversary of the American Revolution. The commission shall consist of: the house and senate chairs of the joint committee on tourism, arts and cultural development, who shall serve as co-chairs; 2 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 2 members of the senate, 1 of whom shall be appointed by the senate minority leader; 2 members who shall be appointed by the state secretary; 2 members, 1 each of whom shall be appointed by the mayors of the cities of Boston and Cambridge; 4 members, 1 each of whom shall appointed by the select boards of Arlington, Concord, Lexington, and Lincoln; the commissioner of conservation and recreation or a designee; the adjutant general or a designee; the president of the Massachusetts Historical Society or a designee; the executive director of the American Antiquarian Society or a designee; the president of the Massachusetts Council for Social Studies, Inc. or a designee; the executive director of the commission on Indian affairs or a designee; the executive director of the New England Historic Genealogical Society or a designee; the executive director of Preservation Massachusetts or a designee; the executive director of the Massachusetts Foundation for the Humanities or a designee; the executive director of the Massachusetts cultural council or a designee; the executive director of the Massachusetts Lodging Association, Inc. or a designee; and 15 members who shall be appointed by the governor, 1 of whom shall be a representative of the executive office of education, 1 of whom shall be a representative of the Colonial Society of Massachusetts, 1 of whom shall be a representative of the Greater Boston Convention & Visitors Bureau, Inc., 1 of whom shall be a representative of the Museum of African American History in the city of Boston, 2 of whom shall be scholars from an institution of higher learning with expertise in the area of colonial, revolutionary era history or American civics, 1 of whom shall be a member of the greater Boston business community, 2 of whom shall be employees of the National Park Service with experience in geographical areas of the commonwealth of importance to Revolutionary War history, 1 of whom shall be a member of the Wampanoag Tribe of Gay Head Aquinnah, 1 of whom shall be a member of the Mashpee Wampanoag Tribe, 1 of whom shall be a representative of the Freedom Trail Foundation, Inc., 2 of whom shall be representatives of the office of travel & tourism and 1 of whom shall be a representative of the Massachusetts chapter of the National Society Daughters of the American Revolution.

As part of its study and investigation, the commission shall: (i) develop a comprehensive plan for promoting and celebrating the two hundred and fiftieth anniversary of the American Revolution; (ii) identify all opportunities for individuals, municipalities or other actors across the commonwealth to participate in celebrations of the anniversary and recognize the particular history of their geographical areas; (iii) investigate and promote under-represented voices in the American Revolution including, but not limited to, women, native peoples and persons of color; and (iv) submit a report to the governor, speaker of the house of representatives, president of the senate and clerks of the house of representatives and the senate that may, upon agreement of the governor, speaker of the house of representatives and president of the senate, be published for distribution to the public and that shall contain an overview of the commonwealth’s particular role in the American Revolution and notable battles, events and figures of the era.

Budget Amendment ID: FY2022-S3-145

OTH 145

Indian Orchard Citizens Council Festival

Messrs. Gomez and Lesser moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following words:- "provided further, that not less than $20,000 shall be expended to the Indian Orchard Citizens Council, Inc. in the city of Springfield for the food truck festival and the Indian Orchard Blooms neighborhood beautification initiative"; and by striking out the figure "390,000" and inserting in place thereof the following figure:- "$410,000".

Budget Amendment ID: FY2022-S3-147

OTH 147

Improvements to 240 Beaver Street in Waltham

Mr. Barrett moved that the proposed new text be amended by inserting after section 63 the following section:- "SECTION 64. Item 7008-1117 of section 2A of chapter 142 of the acts of 2019 is hereby amended by striking out the words “June 30, 2021” and inserting in place thereof the following words:- June 30, 2022."

Budget Amendment ID: FY2022-S3-148

OTH 148

Tax Expenditure Reforms

Mr. Hinds, Ms. Comerford, Ms. Gobi, Messrs. O'Connor and Gomez and Ms. Rausch moved that the proposed new text be amended by inserting after section 10 the following section:-

“SECTION 10A. Paragraph (2) of subsection (a) of section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subparagraph (G).”; and

by inserting after section 14 the following 4 sections:-

“SECTION 14A. Section 6½ of said chapter 62 is hereby repealed.

SECTION 14B. Section 30 of chapter 63 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 27 to 40, inclusive, the words “The commissioner of energy resources may approve United States patents, which have been issued to Massachusetts corporations or applied for by Massachusetts corporations as useful for energy conservation and related purposes or as useful for alternative energy development and related purposes, provided that such patents are determined by said commissioner to be of economic value, practicable, and necessary for the convenience and welfare of the commonwealth and its citizens. Any income received from the sale, lease or other transfer of tangible, intangible, personal or real property or materials manufactured in the commonwealth subject to such patent shall be deducted. Said deduction shall extend for a period no longer than five years from the date of issuance of the United States patent or the date of approval by the commissioner of energy resources, whichever first expires.”.

SECTION 14C. Section 31L of said chapter 63 is hereby repealed.

SECTION 14D. Section 38P of said chapter 63 is hereby repealed.”; and

by inserting after section 60 the following section:-

“SECTION 60A. Sections 10A and 14A to 14D, inclusive, shall take effect for taxable years beginning on or after January 1, 2022.”.

Budget Amendment ID: FY2022-S3-149

OTH 149

Senate Internship Program

Mr. Collins, Ms. Chang-Diaz, Messrs. Eldridge and O'Connor moved that the proposed new text be amended in section 2E, in item 1595-0115, by adding to the end thereof the following:- "; provided further, that not less than $1,000,000 shall be expended to the Senate Office of Education and Civic Education for the purpose of a paid internship program to be coordinated in consultation with Senate Human Resources Director of Equity, Diversity, and Inclusion that prioritizes equitable opportunities for underrepresented individuals and communities, including persons of color; provided that the Senate Human Resources Director of Equity, Diversity, and Inclusion shall establish Senate-wide percentage goals for the hiring of individuals from such underrepresented individuals and communities, including communities of color, and shall inform each Senate office of these goals not later than August 1, 2021; provided further, that the Senate Office of Education and Civic Education and the Senate Office of Human Resources shall provide all Senate offices with guidance and support in meeting said goals and in providing a welcoming, supportive work environment for all interns", and by striking the figure "$1,500,000" and inserting in place thereof the following figure:- "$2,500,000"

Budget Amendment ID: FY2022-S3-151

OTH 151

Institute of Asian American Studies

Ms. Chang-Diaz, Messrs. Eldridge, Keenan, Lesser, O'Connor, Velis, Gomez and Timilty and Ms. Rausch moved that the proposed new text be amended in section 2, by inserting after item 8100-0111 the following item:-

“xxxx-xxxx For the Institute for Asian American Studies at the University of Massachusetts Boston to study the history and experiences of Anti-Asian racism in the United States and in Massachusetts……. $300,000"

Budget Amendment ID: FY2022-S3-151-R1

Redraft OTH 151

Institute of Asian American Studies

“xxxx-xxxx For the Institute for Asian American Studies at the University of Massachusetts at Boston to study the history and experiences of anti-Asian racism in the United States and in the commonwealth……. $300,000".

Budget Amendment ID: FY2022-S3-152

OTH 152

Asian American Commission Appointments

Ms. Chang-Diaz, Messrs. Eldridge and Gomez moved that the proposed new text be amended by inserting after section ___ the following section: -

SECTION _____. Section 4 and 5 of chapter 227 of the acts of 2020 are hereby repealed.

Budget Amendment ID: FY2022-S3-153-R1

Redraft OTH 153

Asian American and Pacific Islander Commission

Ms. Chang-Diaz, Mr. Eldridge, Ms. Gobi, Messrs. Moore, Lesser, Velis, Gomez and Cyr and Ms. Rausch moved that the proposed new text be amended by inserting before section 4 the following section:-

“SECTION 4A Chapter 3 of the General Laws is hereby amended by striking out section 68, as most recently amended by section 5 of chapter 227 of the acts of 2020, and inserting in place thereof the following section:-

Section 68. (a) There shall be a permanent commission on the status of Asian Americans and Pacific Islanders that shall consist of: 3 persons to be appointed by the governor; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the senate president; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; 3 persons to be appointed by the state treasurer; 3 persons to be appointed by the state secretary; 3 persons to be appointed by the attorney general; and 3 persons appointed by the state auditor. Members of the commission shall be residents of the commonwealth who have demonstrated a commitment to the Asian American and Pacific Islander community. Members shall be subject to chapter 268A as it applies to special state employees.

(b) Members shall serve for terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with Asian American and Pacific Islander organizations. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process, using a uniform application that shall be widely distributed throughout the commonwealth.

(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.

(d) The commission shall be a resource to the commonwealth on issues affecting Asian American and Pacific Islander communities. In furtherance of that responsibility, the commission shall: (i) promote research and be a clearinghouse and source of information on issues pertaining to Asian Americans and Pacific Islanders in the commonwealth; (ii) inform the public, leaders of business, education, human services, health care and state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting Asian Americans and Pacific Islanders in the commonwealth; (iii) foster unity among Asian American and Pacific Islander communities and organizations in the commonwealth by promoting cooperation, sharing of information and encouraging collaboration and joint activities; (iv) serve as a liaison between government and private interest groups on matters of unique interest and concern to Asian Americans and Pacific Islanders in the commonwealth; (v) identify opportunities to expand and improve commercial and cultural ties with Asian and Pacific Island nations; (vi) identify and recommend qualified Asian Americans and Pacific Islanders for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate; (vii) assess the effect on Asian Americans and Pacific Islanders of programs and practices in state agencies, as the commission considers necessary and appropriate; (viii) advise executive and legislative bodies on the potential effect on Asian Americans and Pacific Islanders of proposed legislation, as the commission considers necessary and appropriate; and (ix) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Asian Americans and Pacific Islanders in the commonwealth.

(e) The powers of the commission shall include, but not be limited to: (i) using the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including provision of meeting places and refreshments; (ii) holding regular, public meetings and to hold fact-finding hearings and other public forums as it considers necessary; (iii) directing staff to perform its duties; (iv) establishing and maintaining offices that it considers necessary, subject to appropriation; (v) enacting by-laws for its own governance that are not inconsistent with any general or special law; (vi) requesting from all state agencies whatever information and assistance the commission requires; and (vii) making recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).

(f) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth and be expended by the commission in accordance with law.

(g) The commission staff shall consist of an executive director, employees and volunteers who shall assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.

(h) Annually, not later than June 2, the commission shall submit a report on the results of its findings and activities during the preceding year, along with its recommendations, to the governor and to the clerks of the senate and house of representatives.”.

Budget Amendment ID: FY2022-S3-153

OTH 153

Asian American and Pacific Islander Commission

Ms. Chang-Diaz, Mr. Eldridge, Ms. Gobi, Messrs. Moore, Lesser, Velis, Gomez and Cyr moved that the proposed new text be amended by inserting after section ___ the following section: -

“SECTION ___. Chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 68 in its entirety and inserting in place thereof the following section:-

Section 68. (a) There shall be a permanent commission on the status of Asian Americans and Pacific Islanders to consist of 21 persons as follows: 3 persons to be appointed by the governor; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the president of the senate; 3 persons to be appointed by the state treasurer; 3 persons to be appointed by the state secretary; 3 persons to be appointed by the attorney general; and 3 persons appointed by the state auditor. Members of the commission shall be residents of the commonwealth who have demonstrated a commitment to the Asian–American and Pacific Islander community. Members shall be subject to chapter 268A as they apply to special state employees.

(b) Members shall serve for terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with Asian–American and Pacific Islander organizations. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.

(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.

(d) The commission shall be a resource to the commonwealth on issues affecting Asian–American and Pacific Islander communities. In furtherance of that responsibility, the commission shall:

(1) promote research and be a clearinghouse and source of information on issues pertaining to Asian Americans and Pacific Islanders in the commonwealth;

(2) inform the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting Asian Americans and Pacific Islanders in the commonwealth;

(3) foster unity among Asian–American and Pacific Islander communities and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities;

(4) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to Asian Americans and Pacific Islanders in the commonwealth;

(5) identify opportunities to expand and improve commercial and cultural ties with Asian and Pacific Island nations;

(6) identify and recommend qualified Asian Americans and Pacific Islanders for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate;

(7) assess programs and practices in all state agencies as they affect Asian Americans and Pacific Islanders, as the commission considers necessary and appropriate;

(8) advise executive and legislative bodies on the potential effect on Asian Americans and Pacific Islanders of proposed legislation, as the commission considers necessary and appropriate; and

(9) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Asian Americans and Pacific Islanders in the commonwealth.

(e) The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and house of representatives.

(f) The powers of the commission shall include, but not be limited, to:

(1) to use the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including provision of meeting places and refreshments;

(2) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it considers necessary;

(3) to direct a staff to perform its duties;

(4) to establish and maintain offices that it considers necessary, subject to appropriation;

(5) to enact by-laws for its own governance that are not inconsistent with any general or special law; and

(6) to recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).

(g) The commission may request from all state agencies whatever information and assistance the commission requires.

(h) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law.

(i) The commission staff shall consist of an executive director, employees, and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.”

Budget Amendment ID: FY2022-S3-154

OTH 154

Expanding Outdoor Dining Beyond the COVID-19 Emergency

Messrs. Crighton, Keenan, Feeney, O'Connor, Timilty and Tarr moved that the proposed new text be amended by inserting the following section:-

"SECTION XX. Notwithstanding the provisions of chapter 40A of the general laws, or any special permit, variance or other approval thereunder, or any other general or special law to the contrary, a city or town may approve requests for expansion of outdoor table service, including in the description of licensed premises as described below. Prior to such approval, the mayor, select board, or chief executive as established by charter or special act, shall establish the process for approving such requests. Such process need not comply with the notice and publication provisions of section 11 of chapter 40A.

(a) Any such approval may be exercised immediately upon filing of notice thereof with the city or town clerk, without complying with any otherwise applicable recording or certification requirements.

(b)In order to provide improved opportunities for outdoor table service, for any type of license that permits the sale of alcoholic beverages for on-premises consumption, a local licensing authority (“LLA”) may grant approval for a change in the description of the licensed premises for the purpose of permitting outdoor alcohol service as the LLA may deem reasonable and proper, and issue an amended license to existing license holders, without further review or approval by the Alcoholic Beverages Control Commission (“ABCC”) prior to issuance. Upon approval of an amended license, the LLA shall provide notice of the amended license to the ABCC. Nothing in this section shall prevent the ABCC from exercising its statutory or regulatory enforcement authority over any such amended license issued.

“Outdoor table service” shall mean service that is provided outside the restaurant building envelope, whether on a sidewalk, patio, deck, lawn, parking area, or other outdoor space. Outdoor table service may be provided under awnings or table umbrellas or other cover from the elements, provided, however, that at least 50 percent of the perimeter of any covered dining space must remain open and unobstructed by any form of siding or barriers at all times.

Budget Amendment ID: FY2022-S3-155

OTH 155

Economic Development Tax Credits

Messrs. Montigny and O'Connor moved that the proposed new text be amended by inserting after section ___ the following section: -

“SECTION ___. Chapter 62C, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 89 the following:-

Section 90. Sunsets for Tax Incentive Programs

(a)For the purposes of Sections 90-92 inclusive, “Tax Incentive” is defined as

1.the tax credit in subsection (j) of section 6 of chapter 62 and section 38Q of chapter 63;

2.the dairy farmer tax credit in subsection (o) of said section 6 of said chapter 62 and the dairy farm tax credit in section 38Z of said chapter 63;

3. the U.S.F.D.A. user fees credit in section 31M of said chapter 63 and subsection (n) of said section 6 of said chapter 62;

4.the film tax credit in subsection (b) of section 38X of said chapter 63 and subsection (l) of said section 6 of said chapter 62;

5.the credit for cost of qualifying property in subsection (m) of said section 6 of said chapter 62 and section 38U of said chapter 63;

6.the life sciences refundable jobs credit in subsection (r) of said section 6 of said chapter 62 and section 38CC of said chapter 63;

7.the deductions for qualifying clinical testing expenses in section 38V of said chapter 63;

8.the credit for qualified research expenses in section 38W of said chapter 63;

9.the historic rehabilitation tax credit in section 38R of said chapter 63 and section 6J of said chapter 62;

10.the low-income housing tax credit in section 31H of said chapter 63 and section 6I of said chapter 62;

11.the medical device tax credit in section 31L of said chapter 63 and section 61/2 of said chapter 62;

12.the refundable research credit in subsection (j) of section 38M of said chapter 63;

13.the economic development incentive program in subsection (g) of said section 6 of said chapter 62 and section 38N of said chapter 63;

14. the donated land tax credit in subsection (p) of said section 6 of said chapter 62 and section 38AA of said chapter 63;

15.the abandoned building renovation deduction in section 38O of chapter 63;

16. the credit for company shuttle van purchase or lease expenses in section 31E of chapter 63; and

17.any transferrable or refundable credits under chapter 62 and 63 established on or after July 1, 2010.

(b)For the purposes of Sections 90-92 inclusive, “Sunset Provision” is defined as, text contained in law requiring the law to expire and lose force of law unless reauthorized by an act of the legislature.

(c)Notwithstanding any general or special law to the contrary, all tax incentive as defined in subsection (a) shall expire within one year of the passage of this act unless reauthorized by an act of the legislature after review and examination of each such tax incentive. Upon each reauthorization, the legislature shall include a sunset provision to take effect within 3 years of the date of reauthorization.

(d)Any future program that awards a transferable or refundable tax credit to any taxpayer shall include a sunset provision with an expiration date set up to 3 years after of the initial passage of the program. Upon each reauthorization, the legislature shall include a sunset provision to take effect within 3 years of the date of reauthorization.

(e)The Inspector General in consultation with the Department of Revenue shall:-

(1)review and evaluate each tax incentive with a sunset provision scheduled to take effect in a given year.

(2) Upon reviewing each tax incentive, recommend to continue the tax incentive without changes, amend the tax incentive, or eliminate the tax incentive.

(3) submit a written report containing an explanation of the recommendations to the legislature. The report shall include a detailed description of the committee’s reasoning, analyses, and any data collected pursuant to paragraph (4) of this subsection.

(4) consider the following factors when evaluating and reviewing a tax incentive:

(i) Whether the tax incentive is achieving the policy goals and purposes that it was intended to address

(ii) The revenue forgone to administer the tax incentive

(iii) The benefit derived from the tax incentive

(iv)The extent to which the tax incentive is helping residents, businesses, or other entities within the commonwealth

(v) Number of jobs created by the tax incentive (if applicable)

(vi) Any other information the Inspector General deems valuable in considering whether or not the tax incentive program achieved its desired public policy outcome

(5) use any available resources to evaluate each tax incentive including, but not limited to, commissioning a report from any agency, such as the Department of Revenue, detailing the tax incentive program and consisting of any content that the subcommittee deems necessary, referring to other states evaluations of similar tax incentives, or citing academic studies or surveys of similar tax incentive programs.

SECTION __. Chapter 62C is hereby amended by inserting after section 90 the following:-

Section 91 Clawback Provision for Tax Incentives

(a) Any law containing a sunset provision pursuant to section 90 of chapter 62C shall include a clawback provision.

(1) The clawback provision, so called, which permits the commonwealth to recoup foregone tax receipt from tax incentives recipients who fail to achieve or meet stated goals and benchmarks, including but not limited to job creation goals set for in their tax credit programs.

(2) Whenever a benefit is claimed, awarded, or otherwise obtained pursuant to a law containing a sunset provision as defined in section 90 of chapter 62C, the awarding entity must include explicit goals and benchmarks to be achieved by the recipient tax payer.

(3) Whenever a benefit is claimed, awarded, or otherwise obtained pursuant to a law containing a sunset provision as defined in section 90 of chapter 62C, the awarding entity must inform the recipient about the clawback provision by providing a copy of this section and explaining ramifications of his or her failure to meet the stated goals and benchmarks.

SECTION __. Chapter 62C is hereby amended by inserting after section 91 the following:-

Section 92

(a) Before submitting any new tax incentive program for legislative approval, the governor shall include in the governor’s legislative proposal or bill for the new tax incentive the following:

(1) The new tax incentive’s clearly specified public policy purpose, goals, and desired outcomes

(2) A finding that the tax credit incentive is expected to be highly effective at achieving the stated public policy purposes

(3) Estimates of forgone revenue from the new tax credit incentive

(4) For discretionary grant like tax incentives, an overall annual dollar cap on foregone revenue

(5) For discretionary grant like tax credit programs, the criteria to be applied by the administering agency in making discretionary awards of tax credit programs and

(6) For discretionary grant like tax credit programs, provisions for the tax credit program’s administration including, but not limited to, clear written conditions and commitments, public disclosure of recipients and tax benefits, if tax incentive conditions are not met by the recipient, threshold for further review and enforcements including the use of the tax incentive’s clawback provision, and a competitive award process.