Other Amendments

Budget Amendment ID: FY2023-S4-775

OTH 775

Preventing Death & Disability from Stroke

Messrs. Montigny, Keenan, Tarr, Collins, O'Connor, Timilty and Hinds, Ms. Creem and Messrs. Cyr and Eldridge moved that the proposed new text be amended by adding after section ___ the following section:-

“SECTION ___. Chapter 111 of the General Laws is hereby amended by inserting after section 51K the following section:-

Section 51L. (a) The department and regional EMS councils created pursuant to section 4 of chapter 111C shall annually review and update, if appropriate, their pre-hospital care protocols and point-of-entry plans to ensure stroke patients are transported to the most appropriate facility in accordance with this section.

(b) The department shall make available the list of designated stroke facilities on its website and to the medical director of each licensed emergency medical services provider. The department shall maintain the list in the office designated within the department to oversee emergency medical services and update the list not less than annually.

(c) The department shall convene a group of experts, including, but not limited to, a representative from the American Stroke Association, a representative from The Massachusetts Neurologic Association, Inc., a representative from the Society of Neurointerventional Surgery, a representative from Massachusetts College of Emergency Physicians, Inc. and a representative of a regional EMS council created pursuant to said section 4 of said chapter 111C, with input from key stroke stakeholders and professional societies, to form a stroke advisory taskforce that shall assist with data oversight, program management and advice regarding the stroke system of care. The task force shall meet not less than biannually to review data and provide advice.”; and

By inserting after section ___, the following section:-

“SECTION ___. Notwithstanding any general or special law to the contrary and not later than 180 days after the effective date of this act, the department of public health shall promulgate regulations that create: (i) a statewide standard pre-hospital care protocol related to the assessment, treatment and transport of stroke patients by emergency medical services providers to a hospital designated by the department to care for stroke patients; provided, however, that the protocol shall be based on national evidence-based guidelines for transport of stroke patients, consider transport that crosses state lines and include plans for the triage and transport of suspected stroke patients, including, but not limited to, those who may have an emergent large vessel occlusion, to an appropriate facility within a specified timeframe following the onset of symptoms and additional criteria to determine which level of care is the most appropriate destination; (ii) statewide criteria for designating hospitals in a tiered system, featuring advanced designations in addition to primary stroke services, to treat stroke patients based on patient acuity; provided, however, that the tiers shall be based on criteria from at least 1 nationally-recognized program and shall not permit self-designation; provided further, that in developing such criteria, the department shall consider: (A) designation models and criteria developed by the Joint Commission, DNV GL Healthcare USA, Inc. or another national certifying body recognized by the United States Centers for Medicare and Medicaid Services; (B) designation models and criteria adopted by other states and the differences in geography and health care resources of such other states; (C) the clinical and operational capability of a facility to provide stroke services, including emergency and ancillary stroke services; (D) limiting the routing of stroke patients to thrombectomy-capable facilities whenever a comprehensive stroke center is within a recommended timeframe to maximize technical competency and patient outcomes; and (E) procedures to suspend or revoke a facility’s designation if the department determines the facility is not in compliance with designation requirements and procedures to notify emergency medical services providers of any such suspension or revocation; and (iii) recommended national evidence-based quality and utilization measure sets for stroke care for use by the center for health information and analysis pursuant to section 14 of chapter 12C of the General Laws; provided, however, that the department shall consider measures in current use in national quality improvement programs including, but not limited to, the United States Centers for Medicare and Medicaid Services, the National Quality Forum, the Paul Coverdell National Acute Stroke Program or other nationally-recognized data platforms.”

Budget Amendment ID: FY2023-S4-776

OTH 776

Temporary Motor Vehicle Fuel Excise Tax Relief I

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

"SECTION 1. Notwithstanding any general or special law to the contrary, the commissioner of the department of revenue shall forgo collection of the tax per gallon as defined by section 1 of chapter 64A of the General Laws of motor vehicle fuel excise."

"SECTION 2. Notwithstanding any general or special law to the contrary not more than 30 days following the resumption of the collection of the tax per gallon on motor vehicle fuel excise, the commissioner of the department of revenue shall certify to the comptroller of the commonwealth the amount of tax per gallon not collected and the comptroller shall transfer the certified amount from the general fund to the state transportation fund."

"SECTION 3. SECTION 1 is repealed."

"SECTION 4. SECTION 3 shall go into effect on September 5, 2022."

"SECTION 5. This act shall go into effect upon passage."

Budget Amendment ID: FY2023-S4-777

OTH 777

Temporary Motor Vehicle Fuel Excise Tax Relief II

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

"SECTION 3. SECTION 1 is repealed."

"SECTION 4. SECTION 3 shall go into effect on December 31, 2022."

"SECTION 5. This act shall go into effect upon passage."

Budget Amendment ID: FY2023-S4-778

OTH 778

Ending Child Marriage

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

"SECTION _. Chapter 207 of the General Laws is hereby amended by striking out section 7, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 7. A magistrate or minister shall not solemnize a marriage if a party to the intended marriage is under the age of 18.

SECTION _. Said chapter 207 is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. The clerk or registrar shall not receive a notice of the intention of marriage of a person under the age of 18.

SECTION _. Said chapter 207 is hereby further amended by striking out section 25, as so appearing, and inserting in place thereof the following section:-

Section 25. Notwithstanding sections 7, 24 and 33A or any other general or special law to the contrary, any minor who is married may avail themself of all legal remedies and relief that would otherwise be available if they were not a minor, including, but not limited to, initiating proceedings for divorce, annulment and protective order.

SECTION _. Section 27 of said chapter 207, as so appearing, is hereby amended by striking out the second and third sentences.

SECTION _. Said chapter 207 is hereby further amended by striking out section 33A, as so appearing, and inserting in place thereof the following section:-

Section 33A. The clerk or registrar shall not issue a certificate under section 28 before receiving proof of age of the parties and verifying that both parties are not less than 18 years of age. Such proof shall be contained in any of the following documents, graded and taking precedence in the following order: (i) an original or certified copy of a record of birth; (ii) an original or certified copy of a baptismal record; (iii) a passport; (iv) a life insurance policy; (v) an employment certificate; (vi) a school record; (vii) an immigration record; (viii) a naturalization record; or (ix) a court record. The clerk or registrar shall not accept documentary evidence of a lower grade unless the clerk or registrar is satisfied that evidence of a higher grade is not readily procurable.

SECTION _. Section 34 of said chapter 207 is hereby repealed.

SECTION _. Section 51 of said chapter 207, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “section seven, twenty-six or thirty-four” and inserting in place thereof the following words:- section 7 or 26.

SECTION _. Section 53 of said chapter 207, as so appearing, is hereby amended by striking out, in line 2, the words 'section thirty-three' and inserting in place thereof the following words:- 'sections 24 and 33A'."

Budget Amendment ID: FY2023-S4-779

OTH 779

Making Remote Corporate Meetings Permanent

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

"SECTION XX. Section 6A of Chapter 180 of the General Laws is hereby amended by inserting at the end the following:-

Unless otherwise provided in the articles of organization or bylaws, if authorized by the board of directors: any annual, regular, or special meeting of members need not be held at any place but may instead be held solely by means of remote communication; and subject to the articles and bylaws or such guidelines and procedures as the board of directors may adopt, members not

physically present at a meeting of members may, by means of remote communications:

(1) participate in a meeting of members; and

(2) be deemed present in person and vote at a meeting of members whether such meeting is to be held at a designated place or solely by means of remote communication, provided that:

(i) the corporation shall implement reasonable measures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a member;

(ii) the corporation shall implement reasonable measures to provide such members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with such proceedings; and

(iii) if any member votes or takes other action at the meeting by means of remote communication, a record of such vote or other action shall be maintained by the corporation.""

Budget Amendment ID: FY2023-S4-781

OTH 781

Prior Authorization Continued-Refugee Resettlement:

Ms. Chandler, Ms. Rausch and Mr. Moore moved that the proposed new text be amended inserting after section 78, the following section:-

SECTION XX. Item 4003-0122 of said section 2 of said chapter 24, as amended by section 65 of chapter 102 of the acts of 2021 and further amended by section 35 of chapter 42 of the acts of 2022 is hereby further amended by inserting after “Ukrainian refugees and immigrants,” the following, “provided further that funding allocated in section 35 of chapter 42 of the acts of 2022 in this line-item shall be allocated proportionately to each resettlement agency based on the projected number of Ukrainian arrivals and non-Ukrainian refugee arrivals to be served by each agency in the remainder of federal fiscal year 2022 through federal fiscal year 2023; provided further that funds shall be made available to the resettlement agencies within 30 days of the final approval of the supplemental budget; ” and by further amending said section after the words “unexpended funds in this item” by inserting the following, “including all funds allocated for refugee and immigrant arrivals through line-item 4003-0122 through June 30, 2022, which shall include funds allocated through section 65 of chapter 102 of the acts of 2021”

Budget Amendment ID: FY2023-S4-782

OTH 782

Appropriate Access to Vaccines for Funeral Workers

Ms. Gobi, Messrs. Moore, Kennedy, Montigny and Keenan, Ms. Comerford, Messrs. Crighton, Brady, Collins, Cronin and Lesser, Ms. Jehlen, Ms. Lovely and Messrs. O'Connor and Timilty moved that the proposed new text be amended by adding the following section:-

"SECTION XX. Chapter 111 of the Massachusetts General Laws is hereby amended by inserting after section 5A ½, the following section:-

Section 5A ¾. Notwithstanding any general or special law to contrary, Whenever the commissioner determines that the inoculation of the general public by, or the administration to the general public of, any antitoxin, serum, vaccine or other analogous product is essential in the interest of the public health, and that supply for universal administration is insufficient, the department shall ensure that funeral home directors and funeral workers are included in the same category as health care providers in terms of prioritization of access."

Budget Amendment ID: FY2023-S4-783

OTH 783

Municipal Light Plant Emergency Mutual Aid

Ms. Gobi and Messrs. Moore, Tarr and Keenan moved that the proposed new text be amended by inserting at the end thereof the following 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

in said section 133 of said chapter 164 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

in said section 133 of said chapter 164 by adding in the sixth paragraph at line 27 after the words “utility” the following words:- “or its employees”.

Budget Amendment ID: FY2023-S4-783-R1

Redraft OTH 783

Municipal Light Plant Emergency Mutual Aid

Ms. Gobi and Messrs. Moore, Tarr and Keenan moved that the proposed new text be amended by adding at the end thereof, the following setcion:

“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 133 of said chapter 164 is hereby further amended by adding after the fifth paragraph the following sentence:

“Any employee of a municipal lighting plant providing emergency mutual aid, 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 authorized by the employer.”

And said section 133 of said chapter 164 is hereby further amended by adding in the sixth paragraph at line 27 after the words “utility”, the following words:

“or its employees”."

Budget Amendment ID: FY2023-S4-784

OTH 784

Estate Tax Modernization

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

"SECTION 1 Section 2A of chapter 65C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place the following subsection:-

(a) A tax is hereby imposed upon the transfer of the estate of each person dying on or after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The amount of the tax shall be equal to the credit for state death taxes that would have been allowable to a decedent’s estate as computed under Code section 2011, as in effect on December 31, 2000, hereinafter referred to as the “credit”. In the event that the federal gross estate of a person includes real or tangible personal property located outside of Massachusetts at the time of death, the tax shall be reduced by an amount equal to the proportion of such allowable credit as the value of said real or tangible personal property located outside of Massachusetts bears to the value of the entire federal gross estate wherever situated, as determined under Code section 2011, as in effect on December 31, 2000.

SECTION 2. Said section 2A of said chapter 65C, as so appearing, is hereby further amended by adding the following subsection:-

(f) Effective for the estates of decedents dying on or after July 1, 2022, for purposes of computing the tax imposed by subsections (a) and (b), the credit shall be determined based on the value of the federal taxable estate after such estate is reduced by $2,000,000. Estates of decedents dying on or after July 1, 2022 are not required to pay any tax under subsections (a) and (b) if the value of the federal taxable estate is $2,000,000 or less. For purposes of this subsection, the federal taxable estate is the federal gross estate less any Qualified Conservation Exclusion elected under Code section 2031(c), as in effect on December 31, 2000, and further reduced by the deductions allowable by the Code, as in effect on December 31, 2000.

SECTION 3. Sections 1 and 2 shall take effect for the estates of decedents dying on or after July 1, 2022."

Budget Amendment ID: FY2023-S4-785

OTH 785

Competitive Short Term Capital Gains Rate

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

"SECTION_. Paragraph (1) of subsection (a) of section 4 of said chapter 62, as so appearing, is hereby amended by inserting, in line 5, after the word 'cent' the following words:- provided, however, that any gain from the sale or exchange of capital assets held for 1 year or less shall be taxed at the rate of 5 per cent."

Budget Amendment ID: FY2023-S4-786

OTH 786

Providing housing assistance by increasing the rental deduction

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

"SECTION _.Subparagraph (9) of paragraph (a) of part B of section 3 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 109, the figure '3,000' and inserting in place thereof the following figure:- 5,000."

Budget Amendment ID: FY2023-S4-787

OTH 787

Providing direct relief to the residents of the commonwealth by increasing the threshold on no tax status

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

SECTION _. Paragraph (1) of subsection (a) of section 5 of said chapter 62, as so appearing, is hereby amended by striking out, in line 6, the words “eight thousand dollars” and inserting in place thereof the following figure:- $12,550.

SECTION _. Said subsection (a) of said section 5 of said chapter 62, as so appearing, is hereby amended by striking out paragraph (2) and inserting in place thereof the following 2 paragraphs:-

(2) in the case of a husband and wife filing a joint return, $25,100, or

(3) in the case of a person filing as head of household, $18,800.

Budget Amendment ID: FY2023-S4-788

OTH 788

Increasing the Dependent Care Credit

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

"SECTION_. Subsection (x) of said section 6 of said chapter 62, as most recently amended by section 31 of chapter 102 of the acts of 2021, is hereby further amended by striking out the figure '240' and inserting in place thereof the following figure:- 480.

SECTION _. Said subsection (x) of said section 6 of said chapter 62, as so amended, is hereby further amended by striking out the figure '480' and inserting in place thereof the following figure:- 960.

SECTION _. Subsection (y) of said section 6 of said chapter 62, as most recently amended by section 33 of said chapter 102, is hereby further amended by striking out the figure '180' and inserting in place thereof the following figure:- 360.

SECTION _. Said subsection (y) of said section 6 of said chapter 62, as so amended, is hereby further amended by striking out the figure '360' and inserting in place thereof the following figure:- 720."

Budget Amendment ID: FY2023-S4-789

OTH 789

Senior Circuit Breaker

Messrs. O'Connor, Keenan, Pacheco, Brady, Finegold and Moore and Ms. Lovely moved that the proposed new text be amended by inserting the following section:-

"SECTION XX. Paragraph (2) of subsection (k) of section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 447, the figure “750” and inserting in place thereof the following figure:- 1,755."

Budget Amendment ID: FY2023-S4-790

OTH 790

Commuter Tax Credit

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

"SECTION 1.. Notwithstanding any general or special law to the contrary there shall be a refundable credit for the costs associated with operating a motor vehicle for the purposes of commuting for employment, education, medical appointments, or service on behalf of a qualified charitable organization as defined under 26 U.S. Code § 170 (C). The amount of the credit shall be 58.5 cents per mile driven and shall not exceed $5,000 per filing.

SECTION 2. SECTION 1 shall go into effect January 1, 2022.

SECTION 3. SECTION 1 is hereby repealed.

SECTION 4. SECTION 3 shall go into effect January 1, 2023."

Budget Amendment ID: FY2023-S4-791

OTH 791

Increasing the Senior Circuit Breaker

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

"SECTION_. Paragraph (2) of subsection (k) of section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 447, the figure “750” and inserting in place thereof the following figure:- 1,755."

Budget Amendment ID: FY2023-S4-792

OTH 792

Capital Gains

Mr. O'Connor moved that the proposed new text be amended by inserting the following section:-

SECTION XX. Paragraph (1) of subsection (a) of section 4 of said chapter 62, as so appearing, is hereby amended by inserting, in line 5, after the word “cent” the following words:- provided, however, that any gain from the sale or exchange of capital assets held for 1 year or less shall be taxed at the rate of 5 per cent.

Budget Amendment ID: FY2023-S4-793

OTH 793

Rental Deduction Cap

Mr. O'Connor moved that the proposed new text be amended by inserting the following section:-

"SECTION XX. Subparagraph (9) of paragraph (a) of part B of section 3 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 109, the figure “3,000” and inserting in place thereof the following figure:- 5,000."

Budget Amendment ID: FY2023-S4-794

OTH 794

Adjusted Gross Income Thresholds

Mr. O'Connor moved that the proposed new text be amended by inserting the following sections:-

"SECTION XX. Paragraph (1) of subsection (a) of section 5 of said chapter 62, as so appearing, is hereby amended by striking out, in line 6, the words “eight thousand dollars” and inserting in place thereof the following figure:- $12,550.

SECTION XX. Said subsection (a) of said section 5 of said chapter 62, as so appearing, is hereby amended by striking out paragraph (2) and inserting in place thereof the following 2 paragraphs:-

(2) in the case of a husband and wife filing a joint return, $25,100, or

(3) in the case of a person filing as head of household, $18,800.

SECTION XX. Subsection (a) of section 6 of chapter 62C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, each time it appears, in line 4, lines 6 to 7 and line 17, the words “eight thousand dollars” and inserting in place thereof, in each instance, the following words:- the thresholds specified in subsection (a) of section five of chapter sixty-two.”

Budget Amendment ID: FY2023-S4-795

OTH 795

Dependent Care Credit

Messrs. O'Connor and Brady moved that the proposed new text be amended by inserting the following sections:-

"SECTION XX. Subsection (x) of said section 6 of said chapter 62, as most recently amended by section 31 of chapter 102 of the acts of 2021, is hereby further amended by striking out the figure “240” and inserting in place thereof the following figure:- 480.

SECTION XX. Said subsection (x) of said section 6 of said chapter 62, as so amended, is hereby further amended by striking out the figure “480” and inserting in place thereof the following figure:- 960.

SECTION XX. Subsection (y) of said section 6 of said chapter 62, as most recently amended by section 33 of said chapter 102, is hereby further amended by striking out the figure “180” and inserting in place thereof the following figure:- 360.

SECTION XX. Said subsection (y) of said section 6 of said chapter 62, as so amended, is hereby further amended by striking out the figure “360” and inserting in place thereof the following figure:- 720."

Budget Amendment ID: FY2023-S4-796

OTH 796

Estate Tax Threshold

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

"SECTION XX. Section 2A of chapter 65C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place the following subsection:-

SECTION XX. Said section 2A of said chapter 65C, as so appearing, is hereby further amended by adding the following subsection:-

SECTION XX. Sections XX and XX shall take effect for the estates of decedents dying on or after July 1, 2022."

Budget Amendment ID: FY2023-S4-797

OTH 797

Commission on mental health and suicide prevention

Messrs. Velis, Moore, Pacheco and O'Connor moved that the proposed new text be amended by adding the following section:-

“SECTION XX. There shall be established the Massachusetts Commission on Suicide Prevention and Mental Health Crisis Management to be comprised of seven members; The Governor or his/her designee, the Attorney General or his/her designee, the Secretary of Health and Human Services or his/her designee, the Commissioner of The Department of Mental Health or his/her designee, the Commissioner of Executive Office of Public Safety and Security or his/her designee, the Speaker of the House or his/her designee, and the Senate President or his/her designee. Said commission shall examine the state of suicide prevention and mental health crisis management in the Commonwealth. The commission will include in its study emergency and outpatient care needs, inpatient and long-term care needs, facility and infrastructure needs, public information and outreach; professional training needs and potential shortages, establishing a dedicated fund suitable to accept donations from charitable organizations for said needs and other means of funding sources. Said commission shall examine current and proposed suicide prevention and mental health crisis management measures including but not limited to counseling services, diversionary programs, doctors’ interventions, police wellness visits, court programs, youth education, Sections 12 and Section 35 of Chapter 123 and shall issue a report no later than January 1 2023 with recommendations for improvements to those efforts including expanded access, additional channels of communication, improvements to follow up programs, assistance on securing a home from materials that could be a danger to individuals who may be a risk to themselves, and increased marketing. Said commission shall also report on the current relative statistics regarding suicide and the means of suicide as established by the Injury Surveillance Program under the Massachusetts Department of Public Health; and shall also include legal information on how certain means of suicide or harm such as firearms, excessive medications or alcohol, suffocation or hanging can be handled if believed to be a potential hazard.”

Budget Amendment ID: FY2023-S4-798

OTH 798

Gas Tax Holiday

Mr. O'Connor, Ms. Gobi and Mr. Moore moved that the proposed new text be amended by inserting the following sections:-

"SECTION AA. Notwithstanding any general or special law to the contrary, the commissioner of the department of revenue shall forgo collection of the tax per gallon as defined by section 1 of chapter 64A of the General Laws of motor vehicle fuel excise."

"SECTION BB. Notwithstanding any general or special law to the contrary not more than 30 days following the resumption of the collection of the tax per gallon on motor vehicle fuel excise, the commissioner of the department of revenue shall certify to the comptroller of the commonwealth the amount of tax per gallon not collected and the comptroller shall transfer the certified amount from the general fund to the state transportation fund."

"SECTION XX. SECTION AA is repealed."

"SECTION YY. SECTION XX shall go into effect 90 days after the passage of this act."

"SECTION ZZ. Sections AA, BB, XX, and YY shall go into effect upon the passage of this act."

Budget Amendment ID: FY2023-S4-799

OTH 799

Don't Ask, Don't Tell

Messrs. Velis, Pacheco, Gomez, Montigny and O'Connor, Ms. Edwards, Ms. Jehlen, Mr. Cyr and Ms. DiZoglio moved that the proposed new text be amended by adding the following section:-

"SECTION XX. Chapter 81 of the General Laws is hereby amended by inserting after section 15 the following section:-

Section 16. (a) There shall be a veteran equality review board to ensure veterans dishonorably discharged due to sexual orientation under 10 U.S. Code § 654, also known as the don’t ask, don’t tell policy, receive state-based veteran benefits. The board shall consist of 5 voting members who, by education or experience, are knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. 2 members shall be appointed by the Secretary of Veterans’ Services, 1 member shall be appointed by the Governor, 1 member shall be appointed by the Senate President and 1 member shall be appointed by the speaker of the house of representatives. Members shall serve for 5 years. The members shall vote to select a chair. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. duties. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.

(b) The board shall meet as often as deemed necessary by the chairperson based on the number of applications pending before the board. The board shall review each application submitted and render a recommendation to the secretary of veterans’ services as to whether the veteran's sexual orientation was the reason for an other than honorable discharge. The board shall review each application not later than thirty days after receipt and render a written recommendation to the secretary not later than thirty days after such review.

(c) A veteran who received a discharge that was not honorable and who believes such discharge characterization was based on such veteran's sexual orientation may file an application for state-based veteran benefits. Said veteran may include evidence supporting his or her claim that such discharge characterization was based on the veteran's sexual orientation.

(d) The department of veterans’ services shall promulgate a standardized application form enumerating the required documentation necessary for filing an application under this subsection and shall make such form available on the department of veterans’ services web site along with filing instructions.

(e) The secretary shall issue a written decision not later than ten days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, such veteran shall be eligible for state-based veteran benefits.

(f) If the secretary’s decision is unfavorable to the veteran, the veteran may file a request for reconsideration not later than thirty days after receipt of the secretary’s decision. The veteran may provide additional documentation for their application."

Budget Amendment ID: FY2023-S4-799-R1

Redraft OTH 799

Don't Ask, Don't Tell

Messrs. Velis, Pacheco, Gomez, Montigny and O'Connor, Ms. Edwards, Ms. Jehlen, Mr. Cyr and Ms. DiZoglio moved that the proposed new text be amended by inserting after section 28 the following section:-

“SECTION 28A. Chapter 115 of the General Laws is hereby amended by adding the following section:-

Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge on the basis of sexual orientation under 10 U.S.C 654, also known as the Don’t Ask, Don’t Tell policy, gender identity or gender expression receive state-based veteran benefits. The board shall consist of: 3 members appointed by the secretary of veterans’ services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.

(b) The board shall meet as often as deemed necessary by the chair based on the number of applications pending before the board. The board shall review each application submitted under this section and render a recommendation to the secretary of veterans’ services as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary basis for the veteran receiving an other than honorable discharge. The board shall complete review of each application not later than 30 days after receipt and render a written recommendation to the secretary not later than 30 days after completion of such review.

(c) A veteran who received an other than honorable discharge and who believes such discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression may file an application for state-based veteran benefits. The applicant may include evidence supporting the applicant’s claim that such other than honorable discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression.

(d) The department of veterans’ services shall create a standardized application form enumerating the required documentation necessary for filing an application under this section and shall make such form available on the department of veterans’ services website along with filing instructions.

(e) The secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, not later than 30 days after receipt of the secretary’s decision.”.

Budget Amendment ID: FY2023-S4-799-R2

2nd Redraft OTH 799

Don't Ask, Don't Tell

Messrs. Velis, Pacheco, Gomez, Montigny and O'Connor, Ms. Edwards, Ms. Jehlen, Mr. Cyr, Ms. DiZoglio and Mr. Feeney moved that the proposed new text be amended by inserting after section 28 the following section:-

“SECTION 28A. Chapter 115 of the General Laws is hereby amended by adding the following section:-

Section 16. (a) There shall be a veterans eligibility and equality qualifying review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don’t Ask, Don’t Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall consist of: 3 members appointed by the secretary of veterans’ services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.

Budget Amendment ID: FY2023-S4-799-R3

3rd Redraft OTH 799

Don't Ask, Don't Tell

Messrs. Velis, Pacheco, Gomez, Montigny and O'Connor, Ms. Edwards, Ms. Jehlen, Mr. Cyr, Ms. DiZoglio, Messrs. Feeney, Hinds, Brady and Collins and Ms. Rausch moved that the proposed new text be amended by inserting after section 28 the following section:-

“SECTION 28A. Chapter 115 of the General Laws is hereby amended by adding the following section:-

Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don’t Ask, Don’t Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall consist of: 3 members appointed by the secretary of veterans’ services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.

Budget Amendment ID: FY2023-S4-802-R1

Redraft OTH 802

Expansion of Medication Assisted Treatment Pilot Program

Messrs. Velis and Collins, Ms. Gobi, Ms. Edwards and Ms. Lovely moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A. Section 98 of chapter 208 of the acts of 2018 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Notwithstanding any general or special law to the contrary, there shall be, subject to appropriation, a pilot program for the delivery of medication-assisted treatment for opioid use disorder at all county correctional facilities in the commonwealth. The pilot program shall be implemented by the department of public health, in collaboration with the executive office of public safety and security, the office of Medicaid and the county sheriffs.”.

Budget Amendment ID: FY2023-S4-802

OTH 802

Expansion of Medication Assisted Treatment Pilot Program

Messrs. Velis and Collins and Ms. Gobi moved that the proposed new text be amended by adding the following section:-

"SECTION XX. Section 98 of Chapter 208 of the Acts of 2018 is hereby amended in subsection (a) by inserting after the first sentence the following new text:- 'The county sheriffs who have jurisdiction over the county correctional facilities located in Barnstable, Berkshire, Bristol, Dukes, Plymouth and Worcester counties shall have the option of joining the pilot program after July 1, 2022.'

Said subsection (a) is hereby further amended by striking the sentence:- 'The pilot program shall be implemented by the department of public health, in collaboration with the executive office of public safety and security, the office of Medicaid, and the county sheriffs who have jurisdiction over the county correctional facilities located in Franklin, Hampden, Hampshire, Middlesex, Norfolk and counties.' and inserting in place thereof the following new text:- 'The pilot program shall be implemented by the department of public health, in collaboration with the executive office of public safety and security, the office of Medicaid, and those county sheriffs who have jurisdiction over the county correctional facilities and are participating in the pilot.'."

Budget Amendment ID: FY2023-S4-804

OTH 804

Historic Rehabilitation Tax Credit

Messrs. Lesser, Tarr, O'Connor and Moore moved that the proposed new text be amended by adding after section X the following section:-

"SECTION XX. Paragraph (i) of subsection (b) of section 6J of chapter 62, as so appearing in the 2020 official edition, is hereby amended by striking out, in line 41, the figure '$55,000,000' and inserting in place thereof the following figure:- '$65,000,000'."

Budget Amendment ID: FY2023-S4-805

OTH 805

Citizenship for New Americans program

Messrs. Tarr and Keenan moved that the proposed new text be amended in section 2, in item 4003-0122, by striking the figure:-"$1,033,019" and inserting in place thereof the following figure:-"$1,200,000"

Budget Amendment ID: FY2023-S4-807

OTH 807

Special Commission to Study and Examine the Civil Service Law Extension

Messrs. Brady, Pacheco and Moore moved that the proposed new text be amended in section 3, by inserting after section __ the following section:-

“SECTION XX. The special commission to study and examine the civil service law, established pursuant to section 107 of chapter 253 of the acts of 2020, is hereby revived and continued to May 31, 2024. Upon the start of a new legislative session, the appointed members of the commission shall be reappointed by their appointing authorities. The special commission shall file its final report with the clerks of the house of representatives and the senate not later than May 31, 2024”.

Budget Amendment ID: FY2023-S4-808

OTH 808

Foundation Budget Inflation index

Mr. Brady, Ms. DiZoglio, Messrs. Moore, Eldridge, Cronin, Tarr and Pacheco, Ms. Moran, Mr. Lesser, Ms. Edwards, Ms. Jehlen, Ms. Lovely and Mr. Timilty moved that the proposed new text be amended in section 3, by inserting after the word “below”, in line 28, the following words:- "in FY 2024 the foundation budget rates shall be increased by an additional 1.4% and if actual inflation exceeds the cap in FY 2024, then the 1.4% and any additional gap shall be carried forward into future years and rates shall be increased so that future year rates and foundation budgets reflect actual inflation since FY 2022’’.

Budget Amendment ID: FY2023-S4-809

OTH 809

Funding Extension for Electric Vehicle Incentives

Messrs. Brady and Moore moved that the proposed new text be amended by inserting after section ___ the following section:-

"SECTION __. Chapter 142 of the acts of 2019, as most recently amended by section 56 of chapter 102 of the acts of 2021, is hereby amended by striking out section 95 and inserting in place thereof the following section:-

Section 95. Notwithstanding any general or special law to the contrary, subject to availability of sufficient proceeds, the department of energy resources shall expend amounts from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws to fund the green communities program established in section 10 of chapter 25A of the General Laws, electric vehicle incentive programs through June 30, 2024 and transportation sector electrification programs through June 30, 2024. The department of energy resources shall offer rebates of not less than $2,500 and not more than $5,000 for the purchase or lease of battery electric vehicles, fuel cell electric vehicles and zero-emissions vehicles for sale or lease with a retail price of not more than $50,000. All payments made from the fund before June 30, 2024 shall be prioritized so that the initial payments from the fund shall be made to the green communities, electric vehicle incentive and transportation electrification programs; provided, however, that not less than $27,000,000 shall be available for electric vehicle incentive programs per fiscal year. The department shall examine the programs including, but not limited to, the cost-effectiveness of the programs in greenhouse gas emissions reductions, and report its findings to the joint committee on telecommunications, utilities and energy not later than June 30, 2022 and October 1, 2024, respectively. The department, with the approval of the secretary, may allocate funds sufficient to reimburse the commonwealth for the direct costs incurred in its administration of the RGGI program. Not later than June 30, 2022, October 1, 2023, and October 1, 2024, respectively, the department shall itemize such reimbursements in a report to the joint committee on telecommunications, utilities and energy."

Budget Amendment ID: FY2023-S4-811

OTH 811

MassHealth Delivery Systems Reform Trust Fund

Mr. Crighton, Ms. Lovely and Messrs. Moore and Pacheco moved that the proposed new text be amended by striking out section 67 and inserting in its place thereof the following:-

"SECTION 67. Notwithstanding any general or special law to the contrary, the secretary of health and human services shall, not later than September 30, 2022, make available $40,000,000 from the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of chapter 29 of the General Laws to acute care hospitals in the form of enhanced Medicaid payments, supplemental payments or through other appropriate mechanisms; provided further, that such enhanced Medicaid payments shall not offset existing Medicaid payments for which an eligible hospital may be qualified to receive."

Budget Amendment ID: FY2023-S4-812

OTH 812

Lowell Justice Center

Mr. Kennedy moved that the proposed new text be amended by adding at the end thereof the following section:

"SECTION XX. The Lowell judicial center in the city of Lowell shall be designated and known as the Cornelius F. Kiernan Judicial Center, in memory of the late honorable Cornelius F. Kiernan. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing this designation in compliance with the standards of the division."

Budget Amendment ID: FY2023-S4-812-R1

Redraft OTH 812

Lowell Justice Center

Mr. Kennedy moved that the proposed new text be amended by inserting after section 55 the following section:-

“SECTION 55A. The Lowell Judicial Center in the city of Lowell shall be designated and known as the Cornelius F. Kiernan Judicial Center, in memory of the late honorable Cornelius F. Kiernan. The division of capital asset management and maintenance shall erect suitable markers bearing this designation in compliance with the standards of the division; provided, however, that the executive office of the trial court shall maintain the markers.”.

Budget Amendment ID: FY2023-S4-813

OTH 813

Pension Calculations for Certain Retirees

Mr. Brady moved that the proposed new text be amended in section 3, by inserting after section __ the following sections:-

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

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

Budget Amendment ID: FY2023-S4-814

OTH 814

Retail Sale of Food

Mr. Kennedy moved that the proposed new text be amended by inserting the following section:-

"SECTION XX. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking Section 92B in its entirety and inserting in place thereof the following new section: -

Section 92B. All meats, poultry and edible fish, except soft shell clams and oysters, shall be sold at retail only by weight and, except when sold in package form bearing a plain and conspicuous statement of quantity of contents as provided in section one hundred and eighty-one, such weight shall be determined at the time of sale. When meat, poultry, fish, or seafood is kept, offered or exposed for sale from bulk by the portion or piece according to a pre-determined fixed weight, the product identity and net weight shall be displayed, as well as the unit price at which it is offered for sale. When meat, poultry, fish, or seafood is combined with some other food element to form a distinctive food product, the quantity representation may be in terms of the total weight of the product or combination, and a quantity representation need not be made for each element provided a statement listing the ingredients in order of their predominance by weight must also appear on the label. Whoever himself or by his servant or agent violates any provision of this section shall be punished by a fine of ten dollars or shall be subject to a civil citation as provided in section 29A of chapter 98."

Budget Amendment ID: FY2023-S4-815

OTH 815

Regional Tourism Council Match Waiver

Messrs. Kennedy, Eldridge and Velis, Ms. DiZoglio, Messrs. Fattman, Cronin, Lesser, Tarr and Moore, Ms. Moran, Mr. Brady, Ms. Gobi, Ms. Rausch and Mr. Hinds moved that the proposed new text be amended by adding at the end thereof the following new section:-

"SECTION XX. 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 novel 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 2023."

Budget Amendment ID: FY2023-S4-815-R1

Redraft OTH 815

Regional Tourism Council Match Waiver

Messrs. Kennedy, Eldridge and Velis, Ms. DiZoglio, Messrs. Fattman, Cronin, Lesser, Tarr and Moore, Ms. Moran, Mr. Brady, Ms. Gobi, Ms. Rausch, Ms. Lovely and Messrs. Feeney, Gomez, Timilty, O'Connor and Cyr moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A. Notwithstanding clause (3) of the fifth paragraph of section 14 of chapter 23A of the General Laws, in order to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, for fiscal year 2023, for grants provided pursuant to said section 14 of said chapter 23A, the maximum amount received by a private nonprofit agency from the office of travel and tourism may be more than the amount received from nongovernmental sources.”.

Budget Amendment ID: FY2023-S4-816-R1

Redraft OTH 816

MA Audio Information Network

Messrs. Gomez, Lesser and Velis, Ms. Comerford, Mr. Eldridge, Ms. DiZoglio, Ms. Gobi, Messrs. O'Connor, Tarr and Feeney and Ms. Moran moved that the proposed new text be amended in section 2, by inserting after item 4110-1000 the following item:-

“4110-1010…..For radio reading services for the blind and print disabled; provided, that not less than $150,000 shall be expended to each of the following service providers: (i) Audible Local Ledger, Inc.; (ii) Audio Journal, Incorporated; (iii) Berkshire Talking Chronicle; (iv) Lowell Association for the Blind, Inc.; and (v) Valley Eye Radio, Inc…..$750,000.”

Budget Amendment ID: FY2023-S4-816

OTH 816

MA Audio Information Network

Messrs. Gomez, Lesser and Velis, Ms. Comerford, Mr. Eldridge, Ms. DiZoglio and Ms. Gobi moved that the proposed new text be amended by adding in Section 2, after line item 4110-1000, the following new item:- “4110-1010....For radio reading services for the blind and print disabled, provided that not less than $200,000 shall be expended to each of the following service providers: Audible Local Ledger, Inc., Audio Journal, Inc., Berkshire Talking Chronicle, Lowell Association for the Blind, Inc. and Valley Eye Radio, Inc…..$1,000,000.”

Budget Amendment ID: FY2023-S4-822

OTH 822

Fresh Paint

Messrs. Gomez and Lesser moved that the proposed new text be amended in section 2, in item 0640-0300, by adding the following words:- “provided further, that not less than $30,000 shall be expended for the Common Wealth Mural Collaborative to support the Fresh Paint Springfield mural festival"; and by striking the figure “$22,000,000” and inserting in place thereof the following figure:- “$22,030,000”.

Budget Amendment ID: FY2023-S4-822-R1

Redraft OTH 822

Fresh Paint

Messrs. Gomez and Lesser moved that the proposed new text be amended in section 2, in item 0640-0300, by adding the following words:- “; provided further, that not less than $30,000 shall be expended for the Common Wealth Mural Collaborative, Inc. to support the Fresh Paint Springfield mural festival in the city of Springfield"; and in said section 2, in said item 0640-0300, by striking out the figure “$22,000,000” and inserting in place thereof the following figure:- "$22,030,000”.

Budget Amendment ID: FY2023-S4-824

OTH 824

Qualified School Interpreters

Messrs. Crighton, Eldridge and Keenan, Ms. Jehlen, Ms. Comerford, Ms. Moran, Ms. Rausch and Messrs. Gomez and Tarr moved that the proposed new text be amended by adding the following sections:

SECTION XXXX. Chapter 69 of the General Laws is hereby amended by inserting the following new section:

Section 37. Training, assessment, and assignment of qualified school interpreters in educational settings

(1) The following words, unless the context clearly indicates otherwise, shall have the following meanings:

“Department” the department of elementary and secondary education

“Person with Limited English Proficiency (Person with LEP)” an individual who has a limited ability to read, write, speak or understand English because the person uses primarily a language other than English. This includes parents or guardians of minor children with LEP, regardless of the children’s LEP status.

“Interpretation” the immediate oral rendering of an utterance from a source language into a target language

“Interpreter” a person who has demonstrated language proficiency in English and at least one other language and is readily able to interpret spoken language from English to the target language and from the target language to English, and who also has knowledge and understanding of the pertinent subject matter to be translated, the role of the interpreter in school settings, and ethics and confidentiality with respect to interpretation.

“Parent” a natural, adoptive, or foster parent of a child, a guardian, or an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare.

“Specialized meeting” a meeting requiring a high level of interpretation skills including but not limited to discussion regarding: an Individualized Education Program (IEP); a safety plan or behavioral intervention plan (BIP); matters regarding school discipline; matters regarding special education due process; placement in an English Learner Education (ELE) program; development of or changes to an Individual 504 plan; addressing bullying complaints; or the use of physical restraint or seclusion of students;

“Standard Meeting” a parent conference, community meeting, or other school gathering that does not have legal context.

“Tier 1 Interpreter” an interpreter whose language proficiency need not be formally assessed.

“Tier 2 Interpreter” an interpreter who, after a formal assessment process to be determined by the department, demonstrates an understanding of basic educational terminology used in school settings, participates in ongoing professional development in interpreting, and exhibits tier-2 competency pursuant to subsection 2 of this section and department regulations.

“Tier 3 Interpreter” an interpreter who, after a formal assessment process to be determined by the department, understands specialized educational terminology used in school settings, participates in ongoing professional development in interpreting, and exhibits tier-3 competency pursuant to subsection 2 of this section and department regulations.

(2) Consistent with the recommendations of the School Interpreters Task Force, as authorized by Section 81 of Chapter 154 of the Acts of 2018, the department shall:

(A) develop and administer a system for training, assessing, and determining qualifications of interpreters in educational settings with assurance that tier 3 interpreters shall be used for all specialized meetings, tier 2 or 3 interpreters may be used for all standard meetings and Tier 1 interpreters may be used during spontaneous, unannounced meetings or communication scenarios that occur in schools when a tier 3 or 2 interpreter is not available;

(B) develop and make available an educational course of sufficient duration that includes coursework and field experience to support development of the key competencies and knowledge required of interpreters in schools; and

(3) The department shall adopt regulations necessary to administer a system for training, assessing, and determining qualifications of interpreters in school settings to improve access for parents with LEP. Said regulations shall be consistent with the recommendations of the School Interpreters Task Force, as authorized by Section 81 of Chapter 154 of the Acts of 2018, and shall include but not be limited to:

(A) a process for assessing the language proficiency of interpreters seeking to interpret in school settings, including required levels of competency necessary to obtain tier-2 and tier-3 interpreting status, with grandfathering allowed for school employees whose primary job responsibility has been to serve as an interpreter for one or more years;

(B) required hours of supervised field experience for tier-3 interpreters;

(C) procedures for implementation of the publicly accessible mechanism created pursuant to subsection 1 of this section to identify and secure tier-3 interpreters for scheduled specialized meetings.

SECTION XXXX. This act shall take effect upon its passage, provided that the department may administer a phased implementation of the provisions of subsection 2 of this act to a diverse number of school districts, subject to appropriation, and provided further that final implementation of all sections of this act shall take effect statewide when certified as appropriate by the commissioner of elementary and secondary education in a report to the general court.

Budget Amendment ID: FY2023-S4-825

OTH 825

Hilltown Community Ambulance

Mr. Velis moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following:-

;provided further, that no less than $100,000 shall be expended for the Hilltown Community Ambulance;

Budget Amendment ID: FY2023-S4-827

OTH 827

MA Concurrent Jurisdiction at National Park Units

Ms. Lovely and Mr. Moore moved that the proposed new text be amended by adding the following 3 sections:-

“SECTION XXXX. Section 1 of chapter 360 of the acts of 1984 is hereby amended by inserting after the word “lands”, in lines 2 and 5, the following word:- , waters.

SECTION XXXX. The second paragraph of said section 1 of said chapter 360 is hereby amended by adding the following clause:-

(m) All lands, waters and buildings acquired, leased or administratively controlled by the National Park Service on and after the effective date of this act.

SECTION XXXX. Section 2 of said chapter 360 of the acts of 1984 is hereby amended by adding the following sentence:- Concurrent jurisdiction over any lands, waters or buildings under clause (m) of section 1 shall vest in the United States of America when the Director of the National Park Service files a notice of such acceptance with the governor and state secretary.”.

Budget Amendment ID: FY2023-S4-828

OTH 828

Extending Telehealth Reimbursement Parity for Primary Care Services and Chronic Disease Management

Messrs. Finegold and Keenan, Ms. Comerford, Messrs. Brady, Collins and Moore, Ms. Gobi, Ms. Rausch and Messrs. Gomez, Timilty, Montigny, Hinds, O'Connor and Tarr moved that the proposed new text be amended by inserting after section___ the following sections:-

"SECTION ___. Section 76 of chapter 260 of the acts of 2020 is hereby amended by deleting the words “Sections 63 and 69 are” and inserting in place thereof the following words:- Section 63 is.

SECTION ___. Chapter 260 of the acts of 2020 is hereby amended by inserting the following new sections:-

SECTION 80. Section 69 is hereby repealed.

SECTION 81. Section 80 shall take effect 2 years from the date of promulgation of final regulations by the Division of Insurance implementing the telehealth provisions of this chapter or December 31, 2024, whichever is later."

Budget Amendment ID: FY2023-S4-829

OTH 829

Medical Examiner Support

Mr. DiDomenico moved that the proposed new text be amended by inserting after Section 78 the following section:-

"Section XX. Chapter 38 of the General Laws is hereby amended by inserting after section 4A the following section: Section 4B. In the case of a death of a child under the age of two, the findings and report of the medical examiner performing the autopsy to determine the cause of death, and any change to the autopsy report, shall be subject to review and approval by the chief medical examiner."

Budget Amendment ID: FY2023-S4-833

OTH 833

Citizens Commission

Mr. Eldridge moved that the proposed new text be amended by inserting after section 78 the following section:-

“SECTION XX

SECTION 1. Section 1(c) of chapter 322 of the Acts of 2018, is amended by inserting at the end the following: 'and provided further, the Citizens Commission shall continue to exist and perform the responsibilities defined in this section until December 31, 2025.'

SECTION 2. Section 2(c) of said chapter 322, is amended by inserting at the end the following: 'provided further, the governor’s office of boards and commissions s hall provide administrative support to the Citizens Commission, including but not limited to maintaining a website, facilitating meetings, and similar administrative tasks.'

SECTION 3. Section 3(f) of said chapter 322 is amended inserting at the end the following: "and provided further, in the event a vacancy occurs on the Citizens Commission, the chair, co-chairs, or secretary of the Commission shall give notice of such vacancy to the appointing authority for that Commissioner, and the appointing authority shall appoint a replacement Commissioner in the following manner:

i). Within 30 days of receiving notice of the vacancy, the appointing authority may appoint any person who has previously duly applied to serve on the Citizens Commission in the process described in this Chapter; or

ii). Within 30 days of receiving notice of the vacancy, the appointing authority may appoint any person who files an application in compliance with this Chapter, sections b) and c), provided such application is publicly posted within 14 days of the notice of vacancy, and no appointment is made until 21 days after notice of the vacancy.

SECTION 4. Section 3(h) of said chapter 322 is amended by inserting after "co-chairs" the following: 'and secretary'.

SECTION 5. Section 4(a) of said chapter 322 is amended by striking Section 4(a)(i)--4(a)(iii) and inserting the following: 'Section 4(a)(i): The Citizens Commission shall issue reports periodically, and in no event less than annually, concerning its activities, findings, and recommendations to advance and ratify the constitutional amendment or amendments that are the subject of this Chapter, and'

SECTION 6. Section 4(b) of said chapter 322 is deleted and in its stead section 4(a)(ii) is inserted as follows: 'The Citizens Commission shall deliver each of its reports to the President of the Senate, the Speaker of the House of Representatives, the Governor, the Secretary of the Commonwealth, the Attorney General, each member of the Massachusetts Congressional delegation, the President of the United States, and by public notice, the citizens of Massachusetts within 14 days of such report.'

SECTION 7. Section 4(c) of said chapter 322 is amended by striking the section and inserting in place thereof : 'Within 5 days of receipt, the Secretary of the Commonwealth is instructed to deliver any such report to each of the Secretary's counterparts in each of the several States, requesting that the said Secretary of each State deliver the report to such State's President of the Senate, Speaker of the House of Representatives, Governor, State Secretary, and Attorney General.'

SECTION 8. Section 4(e) of said chapter 322 is amended by adding after 'amendments' the following, 'and provided further, the Citizens Commission shall advance the amendment or amendments by continuing to a) engage elected officials and political leadership to ensure support and prompt ratification for the amendments, b) engage with other states to gain support for the amendments, and c) engage with the public, organizations, and the media to increase awareness and support for the amendments.'"

Budget Amendment ID: FY2023-S4-833-R1

Redraft OTH 833

Citizens Commission

Mr. Eldridge moved that the proposed new text be amended by inserting after section 53 the following 2 sections:-

“SECTION 53A. Subsection c. of section 1 of chapter 322 of the acts of 2018 is hereby amended by adding the following sentence:- The Citizens Commission shall continue to exist and perform the responsibilities required in this section until December 31, 2025.

SECTION 53B. Section 3 of said chapter 322 is hereby amended by adding the following subsection:-

j) If a vacancy occurs on the Citizens Commission, the chair or co-chairs of the Citizens Commission shall give notice of such vacancy to the appropriate appointing authority and the appointing authority shall, not more than 30 days after receiving notice of the vacancy, appoint: (i) a person who previously duly applied to serve on the Citizens Commission pursuant to the process described in this act; or (ii) a person who files an application pursuant to this act; provided, however, that notice of such vacancy shall be posted by the appointing authority not later than 7 days after the appointing authority receives notice of the vacancy; provided further, that the appointee’s application shall be publicly posted prior to the appointment.”.

Budget Amendment ID: FY2023-S4-834

OTH 834

Community Preservation Act Surplus Funding

Ms. Comerford, Messrs. Eldridge, Moore, Hinds and Cronin, Ms. Gobi, Ms. Rausch, Ms. Lovely, Messrs. O'Connor, Timilty and Tarr, Ms. Creem and Messrs. Gomez and Cyr moved that the proposed new text be amended by adding the following section:-

“SECTION XX. Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds for fiscal year 2022 to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall transfer $20,000,000 to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.”.

Budget Amendment ID: FY2023-S4-835

OTH 835

Expansion of Recreational Land Uses

Ms. Gobi moved that the proposed new text be amended by adding at the end thereof, the following new section:-

"SECTION XX. The second paragraph of section 1 of chapter 61B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 18, after the word "observation" the following words:- and other passive non-motorized recreational uses such as running, outdoor education, snowshoeing and ice skating; and snowmobile use, off-highway vehicle use".

Budget Amendment ID: FY2023-S4-836

OTH 836

Preventing Housing Court Defaults

Messrs. Eldridge and Moore, Ms. Gobi, Mr. Hinds, Ms. Lovely, Ms. Comerford, Mr. Gomez and Ms. Jehlen moved that the proposed new text be amended by inserting after section 78 the following section:-

"SECTION XX. Notwithstanding chapter 239 of the General Laws or any general or special law to the contrary, any court having jurisdiction over summary process evictions shall not enter default judgments at tier-1 events or equivalent proceedings, so long as the 2-tier system remains in effect."

Budget Amendment ID: FY2023-S4-838

OTH 838

Restaurant Relief

Messrs. O'Connor and Tarr moved that the proposed new text be amended by adding the following sections:-

"SECTION XX. Notwithstanding any general or special law to the contrary, businesses that have been in operation in both calendar years 2020 and 2021, but which were closed and prevented from reopening and serving food and beverages until October 5, 2020 due to the Governor’s March 10, 2020 declaration of a state of emergency, and executive orders issued thereunder, shall be exempt from submitting meals tax payments to the department of revenue from January 1, 2023 through June 1, 2023, under the tax imposed for meals sold on site at the retailer's place of business pursuant to chapter 64H of the General Laws. Any city or town that imposes a local option meals tax may still collect that tax during those dates.

SECTION XX. The business owner shall report taxable sales revenue to the department to determine the meals tax obligation of the business under chapter 64H for 2020 and years subsequent. The department of revenue shall determine the credit for the given calendar year and shall maintain such records.

SECTION XX. The business owner subject to this act who paid meals taxes under chapter 64H after January 1, 2023 shall be given a rebate for all meals tax paid. Rebates must be paid within 45 days of the passage of this act. Businesses submitting quarterly payments for meals taxes for calendar year 2023 must report meals tax revenue but shall be exempt from making such payments. Provided that said owner submits an affidavit as to reasoning on why their business remain closed after the June 8, 2020 allowable reopening date."

Budget Amendment ID: FY2023-S4-840

OTH 840

Nondisclosure Agreements

Ms. DiZoglio and Messrs. Tarr, O'Connor, Cyr and Montigny moved that the proposed new text be amended by inserting after section __ 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 __ . (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: FY2023-S4-841

OTH 841

Salisbury Beach Preservation Trust Fund

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

"SECTION__. Subsection (a) of section 35PP of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in the first sentence, the second time they appear, the words “Salisbury Beach” and inserting in place thereof the following words:- the Salisbury Beach dune and beach system, including public and private property. All revenues credited under this section shall remain in said Salisbury Beach Preservation Trust Fund to: acquire sand for the restoration and stabilization of Salisbury Beach and the protective dune system abutting Salisbury Beach; acquire, install and maintain dune stabilization plants and sand fencing; fund the costs of beach nourishment and dune stabilization and restoration projects in part or in their entirety or by providing local or state matching funds for coastal resilience projects by other governmental or nongovernmental entities.

SECTION__. Said subsection (a) of said section 35PP of said chapter 10 is hereby further amended by striking out the words 'at any point during a fiscal year'.

SECTION__. Subsection (b) of said section 35PP of said chapter 10 is hereby amended by striking out the figure “$3” and inserting in place thereof the following figure:- $4.

SECTION__. Said subsection (b) of said section 35PP of said chapter 10 is hereby further amended by inserting after the first sentence the following sentence:- This fee shall be subject to review by the DCR from time to time, in increments of not less than 3 years, and adjusted to reflect inflation.

SECTION__. Said section 35PP of said chapter 10 is hereby further amended by adding the following 2 subsections:-

(c) DCR shall compile an annual report, which shall include but not be limited to, projects undertaken, expenditures made, and income received by the fund, detailed, itemized summaries of executed projects, and visitor traffic data. The report shall be submitted to the clerks of the senate and house of representatives and to the house and senate committees on ways and means and posted electronically on the Department of Conservation and Reservation’s website not later than December 31.

(d) On a biennial basis, DCR shall update the Salisbury Beach State Reservation Barrier Beach Management Plan, which will include a long-term disaster prevention and recovery plan, as well as an operational plan for the day-to-day management and maintenance of the beach."

Budget Amendment ID: FY2023-S4-842-R1

Redraft OTH 842

Salem Witch Trials

Ms. DiZoglio, Ms. Creem, Ms. Lovely and Messrs. Tarr and Montigny moved that the proposed new text be amended by inserting after section 47 the following section:-

“SECTION 47A. Chapter 145 of the resolves of 1957, as amended by chapter 122 of the acts of 2001, is hereby further amended by inserting after the word “Scott”, each time it appears, the following words:- ", Elizabeth Johnson, Jr.”.

Budget Amendment ID: FY2023-S4-842

OTH 842

Salem Witch Trials

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

"SECTION__. Chapter 145 of the resolves of 1957, as amended by chapter 122 of the acts of 2001, is hereby further amended by inserting after the word 'Scott', each time it appears, the following words:- ', Elizabeth Johnson, Jr.'."

Budget Amendment ID: FY2023-S4-843

OTH 843

Maintenance Service Contracts

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

"SECTION XX. The fourth paragraph of subsection (a) of section 39M of chapter 30 of the

General Laws, as so appearing, is hereby amended by striking out, in line 64, the words ",

maintenance".

SECTION XX. Section 51 of said chapter 30, as so appearing, is hereby amended by inserting, in

line 1, after the word "services", the following words:- which shall include maintenance services

to a facility or system and replacement of equipment within existing systems as part of a periodic

maintenance contract,.

SECTION XX. Section 52 of said chapter 30, as so appearing, is hereby amended by inserting, in

line 1, after the word "services", the following words:- which shall include maintenance services

to a facility or system and replacement of equipment within existing systems as part of a periodic

maintenance contract,.

SECTION XX. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby

amended by striking out, each time it appears, in lines 48, 61, 100, 112, and lines 137 and 138,

the words ", maintenance".

SECTION XX. Subsection (a) of section 44A½ of said chapter 149, as so appearing, is hereby

amended by striking out, in line 6, the words ", maintenance".

Budget Amendment ID: FY2023-S4-844

OTH 844

Private Well Clean Up

Messrs. Eldridge, Moore and Cronin, Ms. Comerford, Ms. Gobi and Messrs. Hinds and O'Connor moved that the proposed new text be amended by inserting after section 78 the following sections:-

"SECTION XX. Line item 1231-1020 of section 54 of the acts of 1996 is hereby amended by inserting after the word 'called' the following words:- ', and to assist homeowners with the installation of effective treatment systems to reduce private well drinking water contamination levels to recommended concentration limits as currently specified by state private well guidelines or as established by future regulatory limits developed by the department of environmental protection.'

SECTION XX. Line item 2200-9959 of section 2 of the acts of 1994 is hereby amended by inserting after the word 'waste' the following words:- ', and to assist homeowners with the installation of effective treatment systems to reduce private well drinking water contamination levels to recommended concentration limits as currently specified by state private well guidelines or as established by future regulatory limits developed by the department of environmental protection.'."

Budget Amendment ID: FY2023-S4-845-R1

Redraft OTH 845

Load Aggregation Programs

Messrs. Rush, Finegold and Velis moved that the proposed new text be amended by inserting after section 51 the following 5 sections:-

“SECTION 51A. Section 134 of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “services”, in line 11, the following words:- including renewable energy credits, which may be considered contracts for energy or energy-related services under clause (33) of subsection (b) of section 1 of chapter 30B.

SECTION 51B. The fourth paragraph of subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by striking out the last sentence.

SECTION 51C. Said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fourth paragraph the following 3 paragraphs:-

The department shall approve any plan submitted that complies with and is consistent with this subsection. Failure to make a decision on a plan submitted under this section within 180 days of its submission date shall constitute approval of the plan. Prior to the department’s decision, the department shall conduct a public hearing.

If the department rejects a plan, the municipality or group of municipalities may revise the plan to address the department’s stated reasons for the rejection and if such revised plan is submitted not more than 30 days after the department’s denial order, the municipality or group of municipalities shall not be required to consult with the department of energy resources regarding the revised plan or submit the revised plan for public review. The department shall review and approve, subject to modification or reject any such revised plan not more than 30 days after receipt of the revised plan. Notwithstanding any provision of this section to the contrary, the municipality or group of municipalities may design the municipal aggregation program operations including, but not limited to, the program funding levels, use of program funds, rates, supply terms, timing of program start, product offerings, contract terms and conditions for electric energy and energy-related services and general customer education regarding the program and, for the duration of the load aggregation program, may change any aspect of program administration or implementation without being required to revise, amend or refile the approved aggregation plan with the department for approval; provided, however, that the program administration and implementation shall be consistent with the requirements for load aggregation set forth in this subsection and shall not otherwise violate any other law of the commonwealth. The department shall not direct or otherwise require revisions to an approved plan without first providing the municipality or group of municipalities with notice and opportunity for a full and fair hearing. The competitive supplier providing generation service to retail customers of an aggregation shall be exempt from the quarterly information disclosure requirements set forth in 220 CMR 11.06(4)(c) or any successor regulation if the plan includes an alternative means for providing retail customers participating in the aggregation with the same information regarding the fuel mix, emissions and labor characteristics of the competitive supplier’s energy supply.

After obtaining approval of its plan, the aggregated entity shall mail information and educational materials regarding its plan to each ratepayer within the municipality. To enable such mailing, the electric distribution company shall provide to such municipality a current list of the names, mailing addresses and service addresses of all electric customers taking distribution service within the municipality.

SECTION 51D. The fifth paragraph of said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fifth sentence the following sentence:- After the initial automatic enrollment of customers upon the establishment of a load aggregation program in accordance with this subsection, the subsequent enrollment of new customers or accounts in the service territory of the aggregator shall be governed by the terms for enrollment set forth in the aggregator’s plan.

SECTION 51E. The sixth paragraph of said subsection (a) of said section 134 of said chapter 164 is hereby further amended by adding the following sentence:- To facilitate the automatic enrollment and ratepayer notification, the electric distribution company shall provide to each municipality the name and mailing addresses of all electric accounts within the municipality that are not otherwise receiving generation service from a competitive supplier.”.

Budget Amendment ID: FY2023-S4-845-R2

2nd Redraft OTH 845

Load Aggregation Programs

Messrs. Rush, Finegold and Velis moved that the proposed new text be amended by inserting after section 41 the following 5 sections:-

“SECTION 41A. Section 134 of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “services”, in line 11, the following words:- including renewable energy credits, which may be considered contracts for energy or energy-related services under clause (33) of subsection (b) of section 1 of chapter 30B.

SECTION 41B. The fourth paragraph of subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by striking out the last sentence.

SECTION 41C. Said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fourth paragraph the following 3 paragraphs:-

The department shall approve any plan submitted that complies with and is consistent with this subsection. Prior to the department’s decision, the department shall conduct a public hearing. Failure to make a decision on a plan submitted under this section within 180 days of its submission date shall constitute approval of the plan. Such constructive approval shall not exempt the municipality or group of municipalities from complying with all laws and rules governing municipal aggregations and the provision of competitive energy supply services regardless of the language contained in the plan.

If after review, the department chooses to reject a plan, the department shall send to the municipality or group of municipalities a denial order containing the reason for the rejection. The municipality or group of municipalities may revise the plan to address such reasons and, if such revised plan is submitted not more than 30 days after the department’s denial order is issued, the department may waive the requirement that the municipality or group of municipalities consult with the department of energy resources regarding the revised plan and submit the revised plan for public review. The department shall review and approve, subject to modification or reject any such revised plan not more than 30 days after receipt of the revised plan. The department shall not direct or otherwise require revisions to an approved plan without first providing the municipality or group of municipalities with notice and opportunity for a full and fair hearing. The competitive supplier providing generation service to retail customers of an aggregation may request an exemption from the quarterly information disclosure requirements set forth in 220 CMR 11.06(4)(c) or any successor regulation. The department may grant such exemption if the competitive supplier demonstrates that it will, through sufficient alternative means, provide retail customers participating in the aggregation with the same information regarding the fuel mix, emissions and labor characteristics of the competitive supplier’s energy supply.

After obtaining approval of its plan, the aggregated entity shall mail information and educational materials regarding its plan to each ratepayer within the municipality; provided, however, that the department may revoke the aggregated entity’s plan if the marketing materials are inconsistent with any law or regulation governing the marketing of energy supply. To enable such mailing, the electric distribution company shall provide to such municipality a current list of the names, mailing addresses and service addresses of all electric customers taking distribution service within the municipality; provided, however, that any customer may request that their name, mailing address and account number not be shared with the municipality.

SECTION 41D. The fifth paragraph of said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- After the initial automatic enrollment of customers upon the establishment of a load aggregation program in accordance with this subsection, the subsequent enrollment of new customers or accounts in the service territory of the aggregator shall be governed by the terms for enrollment set forth in the aggregator’s plan; provided, however, the terms are consistent with the requirements established by the department.

SECTION 41E. The sixth paragraph of said subsection (a) of said section 134 of said chapter 164 is hereby amended by adding the following sentence:- To facilitate the automatic enrollment and ratepayer notification, the electric distribution company shall provide to each municipality the name and mailing addresses of all electric accounts within the municipality that are not otherwise receiving generation service from a competitive supplier; provided, however, that any customer may request that their name, mailing address and account number not be shared with the municipality.”.

Budget Amendment ID: FY2023-S4-845-R3

3rd Redraft OTH 845

Load Aggregation Programs

Messrs. Rush, Finegold and Velis moved that the proposed new text be amended by inserting after section 41 the following 5 sections:-

SECTION 41B. The fourth paragraph of subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by striking out the last sentence.

SECTION 41C. Said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fourth paragraph the following 3 paragraphs:-

Budget Amendment ID: FY2023-S4-845-R4

4th Redraft OTH 845

Load Aggregation Programs

Messrs. Rush, Finegold and Velis moved that the proposed new text be amended by inserting after section 41 the following 5 sections:-

SECTION 41B. The fourth paragraph of subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by striking out the last sentence.

SECTION 41C. Said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fourth paragraph the following 3 paragraphs:-

The department shall not direct or otherwise require revisions to an approved plan without first providing the municipality or group of municipalities with notice and opportunity for a full and fair hearing. The municipality or group of municipalities shall submit to the department for approval any revision to an approved plan; provided, however, that the department shall review and approve any such revisions to the approved plan not more than 30 days after the receipt of the proposed revision. The competitive supplier providing generation service to retail customers of an aggregation may request an exemption from the quarterly information disclosure requirements set forth in 220 CMR 11.06(4)(c) or any successor regulation. The department may grant such exemption if the competitive supplier demonstrates that it will, through sufficient alternative means, provide retail customers participating in the aggregation with the same information regarding the fuel mix, emissions and labor characteristics of the competitive supplier’s energy supply.

Budget Amendment ID: FY2023-S4-845

OTH 845

Load Aggregation Programs

Mr. Rush moved that the proposed new text be amended by adding at the end of section 78 thereof the following new section:-

"SECTION XX. Section 134(a) of chapter 164 of the General Laws, as appearing in the 2018 official edition, is hereby amended by striking out the last two sentences of the first paragraph and inserting in place thereof the following:

Such municipality or group of municipalities may enter into agreements for services to facilitate the sale and purchase of electric energy and other related services such as renewable energy credits, all of which may be considered contracts for energy or energy related services under clause thirty-three of subsection (b) of section 1 of chapter 30B. Such service agreements may be entered into by a single city, town, county, or by a group of cities, towns, or counties.

SECTION XX. Section 134(a) is hereby further amended by striking out the last sentence of the fourth paragraph and inserting in place thereof the following:

The department shall approve any plan submitted that substantially complies with and is consistent with this subsection, without any additional conditions or required modifications to the plan. Failure to disapprove a plan submitted hereunder within 60 days of its submission date shall constitute approval thereof. Prior to its decision, the department shall conduct a public hearing. If the department rejects a plan the municipality or group of municipalities may revise the plan to address the department’s stated reasons for the rejection and if such revised plan is submitted within thirty days of the department’s denial order, the municipality or group of municipalities shall not be required to consult with the department of energy resources regarding the revised plan or submit the revised plan for public review. The department must review and approve, approve subject to modification, or reject any such revised plan within thirty days. Notwithstanding anything to the contrary herein, the municipality or group of municipalities shall have full authority and discretion to design the municipal aggregation program operations, including, without limitation, the program funding levels, use of program funds, rates, supply terms, timing of program start, product offerings, contract terms and conditions for electric energy and energy related services and general customer education regarding the program, and, for so long as the load aggregation program is in existence, change any aspect of program administration or implementation without need to revise, amend or refile such aggregation plan with the department for approval provided that all such program administration and implementation is consistent with the requirements for load aggregation set forth in this subsection and does not otherwise violate the laws of the Commonwealth. The department shall not direct or otherwise require revisions to an approved plan without first providing the municipality or group of municipalities notice and opportunity for a full and fair hearing. The competitive supplier providing generation service to retail customers of an aggregation shall be exempt from the quarterly information disclosure requirements set forth in 220 CMR 11.06(4)(c) if the plan includes an alternative means for providing retail customers participating in the aggregation with the same information regarding the fuel mix, emissions, and labor characteristics of its energy supply.

SECTION XX. Section 134(a) is hereby further amended by inserting before the last sentence of the fifth paragraph the following:

After the initial automatic enrollment of customers upon the establishment of a load aggregation program in accordance with this subsection, the subsequent enrollment of new customers or accounts in the service territory of the aggregator shall be governed by the terms for such enrollment set forth in the aggregator’s plan.

SECTION XX. Section 134(a) is hereby further amended by inserting after the first sentence of the sixth paragraph the following:

To facilitate such automatic enrollment and ratepayer notification, the electric distribution company shall provide to each municipality the name and mailing addresses for all electric accounts within the municipality that are not otherwise receiving generation service from a competitive supplier.

SECTION XX. Section 134(a) is hereby further amended by inserting at the end of the sixth paragraph the following:

After obtaining approval of its plan, the aggregated entity may, at its discretion, mail information and educational materials regarding its plan to each ratepayer within the municipality. To enable such mailing, the electric distribution company shall provide to such municipality a current list of the names, mailing addresses, and service addresses of all electric customers taking distribution service within the municipality.

SECTION XX. The terms of sections 1 through 5 shall be applicable to plans pending before the department as of the effective date and the department must issue an order on such plans within 90 days of the effective date."

Budget Amendment ID: FY2023-S4-846

OTH 846

Designated Port Area for City of Lynn

Mr. Crighton moved that the proposed new text be amended by adding the following sections:

"SECTION XX. Chapter 75 of the acts of 1994 is hereby repealed.

SECTION XX. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, and unless modified pursuant to section 4A of chapter 21A of the General Laws or regulations issued thereunder, a certain area of land and waters on the northwesterly side of Lynn harbor shall be the designated port area for the city of Lynn for all purposes. Said area is shown in the “Designation Decision for the Lynn Designated Port Area” issued by the Massachusetts office of coastal zone management and dated April 26, 2022.

SECTION XX. This act shall take effect immediately upon its passage."

Budget Amendment ID: FY2023-S4-846-R1

Redraft OTH 846

Designated Port Area for City of Lynn

Mr. Crighton moved that the proposed new text be amended by inserting after section 48 the following section:-

“SECTION 48A. Chapter 75 of the acts of 1994 is hereby repealed.”; and

by inserting after section 72 the following section:-

“SECTION 72A. Notwithstanding any general or special law to the contrary, and unless modified pursuant to section 4A of chapter 21A of the General Laws or regulations issued pursuant thereto, a certain area of land and waters on the northwesterly side of Lynn harbor as shown as “Designated Port Area Boundary” in the “Designation Decision for the Lynn Designated Port Area” issued by the coastal zone management office dated April 26, 2022 shall be the designated port area for the city of Lynn for all purposes.”.

Budget Amendment ID: FY2023-S4-847

OTH 847

School Construction Costs

Mr. Crighton moved that the proposed new text be amended by adding the following sections:

"SECTION XX. Chapter 70 of the General Laws is hereby amended by adding the following section:-

Section 18. A school district with a disproportionate share of school buildings: (i) in need of major renovation or potential replacement; (ii) with environments that are not conducive to teaching and learning; (iii) in need of major repairs; or (iv) in need of replacement, as determined by the Massachusetts School Building Authority, may, for a period of time until the debt service obligations for school construction projects in said schools are paid, use not more than 1 per cent of the total amount of state school aid allocated to said school district under this chapter for costs associated with the renovation or replacement of said school buildings.

SECTION XX. For the purposes of promulgating net school spending regulations pursuant to section (2) of chapter 70 of the General Laws, the department of elementary and secondary education shall allow extraordinary maintenance projects to qualify as net school spending up to a total cost per project per school of $500,000.

SECTION XX. Said section 9 of said chapter 70B, as so appearing, is hereby amended by inserting after the word “section”, in line 49, the following words:-; provided, however, that the reimbursement dollar amount per square foot shall be not less than the average of the actual construction cost per square foot of all approved school projects from the previous 3 fiscal years."

Budget Amendment ID: FY2023-S4-848

OTH 848

Governing Committee of Massachusetts Auto Insurance Plan

Mr. Eldridge, Ms. DiZoglio, Messrs. Moore, Brady, Fattman, Velis and Crighton, Ms. Moran and Messrs. Finegold, Hinds and O'Connor moved that the proposed new text be amended by inserting after section 78 the following section:-

SECTION XX. Section 113H of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 98 to 102, the words:- “, 2 of whom shall be producers who are assigned risk producers who write private passenger automobile insurance exclusively through the Massachusetts automobile assigned risk plan pursuant to the provisions of the plan approved under this section”.

Budget Amendment ID: FY2023-S4-849

OTH 849

21st Century Jobskills Project Correction

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

SECTION XX. Chapter 102 of the Acts of 2021, in Section 2A, in item 1599-2058, is hereby amended by striking out the words "Haverhill Public-Private Partnership" and inserting in place thereof the following words:- "21st Century Jobskills Project".

Budget Amendment ID: FY2023-S4-851

OTH 851

Excluding Temporary COVID Relief Income from FY23 Means Testing

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

“SECTION ___. Notwithstanding any general or special law to the contrary, no agency, department or office of the commonwealth shall consider any assistance obtained under the Coronavirus Aid, Relief, and Economic Security Act, including but not limited to cash assistance, voucher assistance, housing assistance or temporary income from any pandemic unemployment assistance benefits, when determining eligibility in an application for any public assistance or services in the fiscal year 2023 and thereafter.”

Budget Amendment ID: FY2023-S4-852

OTH 852

Ending Child Marriage

Ms. Chandler, Mr. Velis, Ms. Rausch, Ms. Comerford, Mr. Cronin, Ms. DiZoglio, Mr. Eldridge, Ms. Edwards, Ms. Chang-Diaz, Messrs. Hinds and Keenan, Ms. Gobi, Ms. Moran, Ms. Lovely, Messrs. Finegold, Gomez, O'Connor, Timilty and Feeney, Ms. Jehlen and Mr. Rush moved that the proposed new text be amended in section 3, by adding the following section:-

"SECTION XX. (a) Chapter 207 of the General Laws is hereby amended by striking out section 7, as appearing in the 2018 Official Edition, and inserting in place thereof the following section:-

Section 7. A magistrate or minister shall not solemnize a marriage if a party to the marriage is under the age of 18.

(b) Said chapter 207 is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. The clerk or registrar shall not receive a notice of the intention of marriage of a person under the age of 18.

(d) Section 27 of said chapter 207, as appearing in the 2018 Official Edition, is hereby amended by striking out the second and third sentences.

(e) Said chapter 207 is hereby further amended by striking out section 33A, as so appearing, and inserting in place thereof the following section:-

(f) Section 34 of said chapter 207 is hereby repealed.

(g) Section 53 of said chapter 207, as appearing in the 2018 Edition, is hereby amended by striking out, in line 2, the words “section thirty–three” and inserting in place thereof the following words:- sections 24 and 33A."

Budget Amendment ID: FY2023-S4-853

OTH 853

Clinical Laboratory Modernization

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

"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: FY2023-S4-854

OTH 854

Improvements to 240 Beaver Street in Waltham

Mr. Barrett moved that the proposed new text be amended by inserting after section XX the following section:-

“SECTION XX. Item 7008-1117 of section 2A of chapter 142 of the acts of 2019 is hereby amended by striking out the words “June 30, 2022”, inserted by section 81 of chapter 24 of the acts of 2021, and inserting in place thereof the following words:- June 30, 2023.”

SENATE . . . . . . . . . . . . . . No. 2899

The Commonwealth of Massachusetts

_______________

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

_______________

by inserting after section 78 the following section:-

"SECTION XX. The General Laws, as so appearing, are hereby amended by inserting after chapter 128C the following new chapter:-

Chapter 128D: Local Garden Agriculture Program

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

“Chemical fertilizer”, any chemical compound of synthetic origin applied to soil or to a plant to supply the plant with nutrients.

“Chemical herbicide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted plants or fungi.

“Chemical pesticide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill pests that can damage crops or interfere with agricultural production, including insects, birds, rodents, or any other type of animal.

“Commissioner”, the commissioner of the Massachusetts Department of Agricultural Resources

“Division”, the Agriculture Jobs Division

“Garden Agriculture Program”, the cumulative entirety of any and all rules, regulations, contracts, plans, projects, expenditures, and activities completed by the division in order to award Garden Agriculture Grants to recipients, including, but not limited to, designing the Garden Agriculture Grant Application, reviewing Garden Agriculture Grant Applications which have been submitted by Garden Agriculture Grant Applicants, awarding Garden Agriculture Grants, hiring Technical Assistance Experts, and monitoring and enforcing compliance with the provisions of this chapter.

“Garden Agriculture Program”, a program to: (i) enable Massachusetts residents to establish small-scale food gardens; (ii) localize food production to reduce the carbon emissions created by buying food produced out of state; and (iii) increase Massachusetts residents’ access to locally-grown food with high nutritional value.

“Garden Agriculture Grant”, a delivery, from the Agriculture Jobs Division to a Garden Agriculture Grant Recipient, of items, tools, resources, seeds, instructional guides, and other goods specified in Section 5 of this chapter.

“Garden Agriculture Grant Application”, an application to receive a Garden Agriculture Grant.

“Garden Agriculture Grant Applicant”, an individual who submits a Garden Agriculture Grant Application.

“Garden Agriculture Grant Recipient”, an individual who receives a Garden Agriculture Grant.

Section 2. The division shall create the Garden Agriculture Program.

Section 3. (a) The division shall create an application called the Garden Agriculture Grant Application with which individuals can apply for a Garden Agriculture Grant. The division and its agents and employees shall refer to the Garden Agriculture Grant Application as such.

(b) The Garden Agriculture Grant Application shall require applicants to: (i) provide their name; (ii) provide their address; (iii) provide their cumulative family adjusted gross income; (iv) identify which of the following gardening items they would like to receive as part as part of the grant from a list of but not limited to, a trowel; a spade; a pair of pruners; soil; mulch; and organic fertilizer; (v) identify which types of seeds they would like to receive as part of the grant, choosing from a list of available seed types which shall be listed on the Garden Agriculture Grant Application; (vi) indicate whether they would like to receive one raised garden bed or two raised garden beds as part of the grant; (vii) identify the dimensions that they would like the raised garden bed or beds to have, choosing from a list of available dimensions which shall be listed on the Garden Agriculture Grant Application; (viii) indicate whether they would like to receive any other tools, equipment, resources, or items listed on the Garden Agriculture Grant Application, which the commissioner has deemed appropriate to list on the Garden Agriculture Grant Application, provided that it is reasonable to believe that including those tools, equipment, resources, or items on the Garden Agriculture Grant Application would improve the Garden Agriculture Program; and (ix) provide any other information the commissioner deems appropriate for determining whether to award the applicant a Garden Agriculture Grant.

(c) The Garden Agriculture Grant Application shall include: (i) a brief description of the purposes of the Garden Agriculture Grants; (ii) a description of the restrictions, legal duties, and obligations that accompany the receipt of a Garden Agriculture Grant, including, but not limited to, the requirements provided in Section 7 of this chapter; (iii) a space for the applicant to sign and date the application; and (iv) a clearly worded statement advising potential applicants that by signing, dating, and submitting a Garden Agriculture Grant Application, they are agreeing to abide by and comply with the restrictions, legal duties, and legal obligations that accompany receipt of a Garden Agriculture Grant.

(d) The Garden Agriculture Grant Application shall be easily accessible on the website of the division. Applicants shall be given the option of submitting their Garden Agriculture Grant Application electronically on the website of the division. Visitors to the website of the division shall be able to download and print as many copies of the Garden Agriculture Grant Application as they wish. The division shall also allow applicants to easily and conveniently submit non-electronic, paper versions of the Garden Agriculture Grant Application.

(e) The Garden Agriculture Grant Application shall be available in English and in any other language spoken by at least 10 percent of the Massachusetts population.

(f) The division shall only approve a Garden Agriculture Grant Application if it intends to provide the Garden Agriculture Grant Applicant with a Garden Agriculture Grant.

Section 4. The division shall, at all times, prioritize Garden Agriculture Grant Applications submitted by Garden Agriculture Grant Applicants with lower annual, cumulative household adjusted gross income over Garden Agriculture Grant Applicants with higher annual, cumulative household adjusted gross income.

Section 5. (a) A Garden Agriculture Grant shall consist of: (i) all of the items requested by the applicant pursuant to Section 3(b)(iv) of this chapter; (ii) all of the seeds requested by the applicant pursuant Section 3(b)(v) of this chapter, in a quantity equal to no less than 200 seeds divided by the number of types of seeds the applicant requested; (iii) any raised garden bed or raised garden beds requested by the applicant, pursuant to Section 3(b)(vi) and Section 3(b)(vii) of this chapter, provided that no applicant shall receive more than two raised garden beds; (iv) any additional items requested by the applicant, pursuant to Section 3(b)(viii) of this chapter; (v) organic fertilizer; (vi) mulch and soil; (vii) assistance assembling and setting up any raised garden bed which was included in the Garden Agriculture Grant; (viii) assistance setting up any pest control cage included in the Garden Agriculture Grant; (ix) an accessible instructional guide for how to plant, grow, and harvest the types of plants associated with the seeds the applicant requested, pursuant to Section 3(b)(v) of this chapter, in English and in any other language spoken by at least 10 percent of the Massachusetts population; and (x) any other item or items which the commissioner determines should be included in all Garden Agriculture Grants.

(b) Any raised garden bed delivered to any applicant as part of a Garden Agriculture Grant shall have a built-in pest-control cage or shall arrive with a separately installable pest-control cage.

Section 6. (a) No later than 2 weeks after approving a Garden Agriculture Application, the division shall notify the applicant that their application was approved, either by mail, electronic mail, or by telephone.

(b) After approving a Garden Agriculture Application, the division shall deliver the Garden Agriculture Grant to the applicant, to arrive no later than 2 months after the application was approved.

Section 7. (a) Every Garden Agriculture Grant Recipient is prohibited from using chemical pesticides.

(b) Every Garden Agriculture Grant Recipient is prohibited from using chemical herbicides.

(d) Every Garden Agriculture Grant Recipient is prohibited from selling, trading, or otherwise alienating any of the items, seeds, tools, equipment, or raised garden bed that they received as part of their Garden Agriculture Grant.

Section 8. (a) The division shall hire at least one Technical Assistance Expert as full time employee to receive and resolve questions from Garden Agriculture Grant Recipients, related to optimal, effective, or proper agricultural practices.

(b) Technical Assistance Experts must speak both English and any other language spoken by at least 10 percent of the Massachusetts population.

(c) Technical Assistance Experts must have experience practicing agricultural gardening without the use of chemical fertilizers, chemical pesticides, or chemical herbicides.

(d) Technical Assistance Experts must be qualified to answer questions that Garden Agriculture Grant Recipients could reasonably be expected to have as they set up their gardens, plant seeds, and grow and harvest plants.

(e) Technical Assistance Experts must receive an annual salary that is not less than 140 percent of the statewide per capita income, as calculated by the United States Census Bureau.

(f) Technical Assistance Experts must receive health insurance, dental insurance, at least two weeks of paid vacation time, and at least one paid sick day off of work for every 20 days in which they work more than 6 hours.

SECTION XX: The General Laws are hereby amended by inserting after chapter 128D the following chapter:-

Chapter 128E: Community Agriculture Gardens Program

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

“Commissioner”, the commissioner of the Massachusetts Department of Agricultural Resources.

“Community Agriculture Program”, the cumulative entirety of any and all rules, regulations, contracts, plans, projects, expenditures, and activities completed by the bureau to award Community Agriculture Grants to individuals including, but not limited to: (i) creating a Community Agriculture Grant Application; (ii) reviewing Community Agriculture Grant Applications; (iii) assisting Community Agriculture Cooperatives with establishing a bank account; assisting Community Agriculture Cooperatives with incorporation; (iv) depositing funds into a Community Agriculture Cooperative bank account; assisting Community Agriculture Cooperatives with holding free and fair elections to select individuals to serve on their first Board of Directors; (v) developing Community Agriculture Standards; and monitoring and enforcing the provisions of this chapter.

“Community Agriculture Standards”, a comprehensive list of agricultural practices for Members of Community Agriculture Cooperatives

“Community Agriculture Grant”, a one-time financial grant, disbursed by the division, directly to the bank account of a Community Agriculture Cooperative

“Community Agriculture Grant Application”, an application to receive a Community Agriculture Grant.

“Community Agriculture Cooperative”, a nonprofit corporation, incorporated in commonwealth, established to acquire land, real property, and other property in fee simple, and to use that land, real property, and other property for the purpose of agricultural production for the benefit of the corporation’s members.

“Division”, the Agriculture Jobs Division

“Nonprofit corporation”, a nonprofit corporation as defined in formed for a purpose specified in Section 4 of Chapter 180

“Members”, the members of a Community Agriculture Cooperative, possessing all the duties and privileges attached to membership in a nonprofit corporations under the general laws

“Board of Directors”, the Board of Directors of any Community Agriculture Cooperative

“Director”, any individual acting as a Director on the Board of Directors of a Community Agriculture Cooperative

“Community Garden”, a site of agricultural production owned and managed by a Community Agriculture Cooperative on behalf of its members. A Community Garden may include real estate, farming equipment, greenhouses, buildings for indoor agriculture, and any other items, structures, land, or property that are appropriate to facilitate agricultural production.

“Community food”, food produced in a Community Garden

“Geographic membership area”, a geographically contiguous area that includes at least 400 permanent residents

“Permanent resident of a geographic membership area”, any individual whose primary domicile is in a geographic membership area. Any individual who regularly sleeps no less than 100 nights per year within the geographic membership area are considered a permanent resident of that geographic membership area, regardless of whether they have a legal address within the geographic membership area.

“Linked”, the formal legal relationship that is established between a Community Agriculture Grant Application and a Community Agriculture Cooperative under the following circumstances: when a Community Agriculture Grant Application is approved, and a Community Agriculture Cooperative is created to receive the funds from the Community Agriculture Grant, then that Community Agriculture Grant Application and that Community Agriculture Cooperative are “Linked.”

“Treasurer”, the Treasurer of a Community Agriculture Cooperative, chosen by that corporation’s Board of Directors

“Census tract”, a geographic region identified as and referred to as such by the United States Census Bureau

“Secret ballot”, a ballot in which the votes cast are secret and every voter’s choice is anonymous.

“Technical Assistance Experts”, individuals with direct experience with agricultural production that does not rely on chemical fertilizers, chemical pesticides, or chemical herbicides, and may have direct experience with indoor agricultural production.

“Chemical fertilizer”, any chemical compound of synthetic origin applied to soil or to a plant to supply the plant with nutrients.

“Chemical herbicide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted plants or fungi.

“Feasible and appropriate”, includes (i) physically and biologically possible, as determined by the commissioner; (ii) economically viable, as determined by the commissioner; and (iii) ecologically advantageous, as determined by the commissioner, including, but not limited to, improving soil health, sequestering carbon, increasing biodiversity, protecting natural habitats, protecting the health of pollinators, and any other aspect of ecological sustainability deemed important by the commissioner.

“Minor violation”, any violation of any provision of this chapter that is not considered a major violation.

“Major violation”, any of the following violations: (i) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that the Board of Directors of a Community Agriculture Cooperative is attempting to transfer money received from a Community Agriculture Grant to a member or members of that Community Agriculture Cooperative for personal use that is not primarily intended to benefit the members of that Community Agriculture Cooperative, as a whole; (ii) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that the Board of Directors of a Community Agriculture Cooperative is not intending or attempting to grow community food; (iii) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that a director or group of directors are attempting to deliberately exclude some members of the Community Agriculture Cooperative from receiving any of the benefits of membership in the Community Agriculture Cooperative, including, but not limited to, the right to participate in elections to select individuals to serve on the Board of Directors; and (iv) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that the Board of Directors is encouraging or permitting community food to be grown in violation of the community agriculture standards.

Section 2. The division shall create the Community Agriculture Program. The purposes of said program shall be to: (i) enable Massachusetts residents to establish community gardens; and (ii) increase Massachusetts residents’ access to locally-grown food with high nutritional value.

Section 3. All permanent residents of a geographic membership area specified in the Community Agriculture Grant Application, pursuant to Section 8(c)(iii) of this chapter, shall be members of the Community Agriculture Cooperative to which that Community Agriculture Grant Application is linked.

Section 4. (a) A Community Agriculture Cooperative may receive funds from a Community Agriculture Grant; private donations from any source; private grants from any source; and are subject to state and municipal appropriation or subdivision thereof.

(b) A Community Agriculture Cooperative may spend money in the following ways: (i) to purchase land or real property in fee simple, and any appurtenances to that land, with which to establish a Community Garden to produce community food; (ii) to compensate a real estate agent, real estate broker, or any other individual to locate land, real property, appurtenances, buildings, or other structures that may be appropriate for the Community Agriculture Cooperative to purchase; (iii) to compensate a real estate agent, real estate broker, lawyer, legal expert, or any other individual to assist the Community Agriculture Cooperative in purchasing land, real property, appurtenances, buildings, or other structures in fee simple; (iv) to purchase, construct, or install buildings, greenhouses, raised garden beds, or any other structures that will be used to facilitate the production of community food on a Community Garden; (v) to purchase items, tools, or equipment that will be used to facilitate the production of community food on a Community Garden, including, but not limited to, gardening tools, seeds, non-chemical fertilizer, soil, mulch, irrigation systems, components of irrigation systems, and soil nutrients; (vi) to purchase technical gardening assistance, guidance, or consulting services, provided such services are used on behalf of the Community Agriculture Cooperative; (vii) to purchase legal assistance, guidance, or consulting services, provided such services are used on behalf of the Community Agriculture Cooperative; (viii) to purchase financial accounting, financial bookkeeping, or financial consulting services, provided such services are used on behalf of the Community Agriculture Cooperative; (ix) to compensate members of the Community Agriculture Cooperative to grow community food, maintain and improve the Community Garden, or train others to grow community food or maintain and improve the Community Garden, provided that no member is compensated with an hourly income of less than the quotient of 1/1,920 multiplied by 140 percent of the statewide per capita income, as calculated by the United States Census Bureau, or is compensated with an hourly income of more than the quotient of 1/1,920 multiplied by 180 percent of the statewide per capita income, as calculated by the United States Census Bureau; and (x) to purchase any additional items, goods, products, property, or services that the commissioner deems appropriate.

(c) In order to sell or otherwise alienate any piece of land or real property, a Community Agriculture Cooperative must obtain the approval of the commissioner. The division shall develop an efficient and convenient system through which a Community Agriculture Cooperative may submit an application to sell or otherwise alienate any piece of land or real property.

(d) A Community Agriculture Cooperative may not disburse funds to its members except as compensation for: (i) labor performed to produce community food; (ii) labor performed to distribute community food; (iii) labor performed to maintain, clean, or improve land, items, buildings, structures, or real property belonging to the Community Agriculture Cooperative; (iv) labor performed to research information for the benefit of the Community Agriculture Cooperative or its members; (v) administrative business of the Community Agriculture Cooperative, including, but not limited to, attending meetings and bookkeeping; or (vi) in furtherance of any other purpose deemed appropriate by the commissioner.

Section 5. (a) As soon as is feasible, and no later than 90 days after being formally incorporated in the commonwealth, a Community Agriculture Cooperative shall hold an election in which all of its members may vote to elect between 6 and 12 Directors to serve on that Community Agriculture Cooperative’s Board of Directors.

(b) All members of a Community Agriculture Cooperative are eligible to be elected as a Director of that Community Agriculture Cooperative.

(c) Only members of a Community Agriculture Cooperative are eligible to be elected as a Director of that Community Agriculture Cooperative.

(d) All members of a Community Agriculture Cooperative shall be eligible to vote for its Board of Directors.

(e) Only members of a Community Agriculture Cooperative shall be eligible to vote for its Board of Directors.

(f) Within 90 days of a Community Agriculture Cooperative electing its first Board of Directors, the Board of Directors shall draft the Community Agriculture Cooperative’s bylaws.

(g) A Community Agriculture Cooperative’s bylaws shall specify: (i) how often the Community Agriculture Cooperative shall hold elections for its Board of Directors, provided that those elections shall take place at least once every 2 years; (ii) the rules and procedures governing the Community Agriculture Cooperative’s elections for members of the Board of Directors; (iii) that all permanent residents of the geographic membership area specified in the Community Agriculture Grant Application to which the Community Agriculture Cooperative is linked are members of the Community Agriculture Cooperative; and (iv) any other matters, procedures, rules, or regulations which the Board of Directors deems appropriate to include in the bylaws, provided they are consistent with the provisions of this chapter.

(h) In order to be adopted, the bylaws of a Community Agriculture Cooperative must be approved by at least 60 percent of the Board of Directors.

(i) In order to be amended, the bylaws of a Community Agriculture Cooperative must be approved by at least 60 percent of the Board of Directors.

(j) Within 90 days of a Community Agriculture Cooperative electing its first Board of Directors, the Board of Directors shall select one of its members to serve as that Community Agriculture Cooperative’s Treasurer.

(k) Any meeting of a Board of Directors shall be open to any member of the Community Agriculture Cooperative. The time and location of all meetings of a Board of Directors shall be publicly announced not later than 14 days before the meeting takes place.

Section 6. (a) For the election in which a newly incorporated Community Agriculture Cooperative elects its first Board of Directors, the division shall make all appropriate and feasible efforts to notify each member of the Community Agriculture Cooperative: (i) that they are a member of the newly incorporated Community Agriculture Cooperative; (ii) that the Community Agriculture Cooperative is receiving a financial grant to produce food; (iii) that the Board of Directors will be empowered to make important decisions about the type of food produced, the ways in which it is produced, and the ways in which it is distributed; (iv) that they may vote to elect the Community Agriculture Cooperative’s first Board of Directors; and (v) the date, time, and location at which the election shall be held.

(b) For the first election in which a Community Agriculture Cooperative elects its first Board of Directors, the ballots must be cast and counted within the geographic membership area.

(c) For the first election in which a Community Agriculture Cooperative elects its first Board of Directors, the division alone shall have the duty and authority to: (i) schedule the election; (ii) facilitate a fair way in which members may cast votes through secret ballots; (iii) count the votes; and (iv) notify all members of the names of the individuals who were elected to be on the Community Agriculture Cooperative’s first Board of Directors.

Section 7. (a) A Community Agriculture Grant shall consist of a one-time financial grant, disbursed by the division, directly to the bank account of a Community Agriculture Cooperative.

(i) A Community Agriculture Grant for a Community Agriculture Cooperative that has not greater than 500 permanent residents of its geographic membership area, as determined by the commissioner, shall consist of $500,000.

(ii) A Community Agriculture Grant for a Community Agriculture Cooperative that has not less than 500 permanent residents and not greater than 750 permanent residents of its geographic membership area, as determined by the commissioner, shall consist of $700,000.

(iii) A Community Agriculture Grant for a Community Agriculture Cooperative that has not less than 750 permanent residents and not greater than 1,000 permanent residents of its geographic membership area, as determined by the commissioner, shall consist of $1,000,000.

(b) The division retains the legal right to claim the remaining, unspent money from a Community Agriculture Grant or claim ownership over any items, tools, land, real property, or equipment that was purchased with money from a Community Agriculture Grant if a major violation has taken place.

(c) A Community Agriculture Grant shall not be deposited in the bank account of a Community Agriculture Cooperative until each one of its Directors signs a memorandum of understanding indicating that they understand and consent to: (i) allow the division to claim the remaining, unspent money from a Community Agriculture Grant or to claim ownership over any items, tools, land, real property, or equipment that was purchased entirely with money from a Community Agriculture Grant if a major violation has taken place; (ii) allow the division, its agents, and its employees to inspect the records, bank statements, and premises of a Community Agriculture Cooperative to ensure compliance with the regulations established by this chapter; and (iii) all of the duties and legal obligations established by this chapter.

Section 8. (a) The division shall create an application called the Community Agriculture Grant Application with which individuals can apply for a Community Agriculture Grant. The division and its agents and employees shall refer to the Community Agriculture Grant Application as such.

(b) Any party submitting a Community Agriculture Grant Application must live in the geographic membership area identified in that Community Agriculture Grant Application.

(c) The Community Agriculture Grant Application shall require the applicant to: (i) provide their name; (ii) provide their address; (iii) identify a geographic membership area, defined according to the street names that compose the borders of the geographic membership area; and (iv) provide any other information that the commissioner deems appropriate to include on every Community Agriculture Grant Application.

Section 9. (a) The division shall develop regulations and guidelines regarding the process and criteria for approval of a Community Agriculture Application, including but not limited, to:

(1) Prioritize a Community Agriculture Application with a geographic membership area that overlaps with Census Tracts which, on average, have a lower median household income, over a Community Agriculture Application with a geographic membership area that overlaps with Census Tracts which, on average, have a higher median household income, as calculated by the U.S. Census Bureau; and

(2) Prioritize Community Agriculture Applications which indicate, in the judgment of the division, that the applicant has developed a strong and credible plan to grow community food. When considering the strength and credibility of such a plan, the division shall consider whether a Community Agriculture Application includes (i) a specific proposal involving what kinds of food to grow and how to distribute or sell it; (ii) a specific proposal involving where to purchase land or other real property; (iii) evidence of community support for said proposals within the geographic membership area; (iv) information that, in the judgment of the division, indicates that the plan would be likely to succeed if it were adopted by the board of directors of a Community Agriculture Cooperative; and (v) any other information that the division lawfully and appropriately deems relevant.

(b) When the division approves a Community Agriculture Application, the division shall assist the applicant in filing the necessary paperwork to incorporate a nonprofit corporation in the commonwealth that shall serve as the Community Agriculture Cooperative.

(c) When the division approves a Community Agriculture Application, the division shall assist the applicant in creating a bank account for the Community Agriculture Cooperative to use and into which the Community Agriculture Grant may be deposited.

Section 10. No part of a geographic membership area may overlap with any Census Tract for which the median household income, as calculated by the US Census Bureau, exceeds 90 percent of the statewide median household income, as calculated by the US Census Bureau.

Section 11. A Community Agriculture Cooperative may not purchase land or real property on which to grow community food if that land or real property is more than one mile from the closest point within the geographic membership area.

Section 12. (a) The division shall establish a clear and convenient system with which a Community Agriculture Cooperative, by and through its agents, can record all purchases it makes with funds, in whole or in part, from a Community Agriculture Grant.

(b) A Community Agriculture Cooperative, by and through its agents, must record every purchase it makes with funds, in whole or in part, from a Community Agriculture Grant, within seven days of making such purchase.

(c) On the first day of each calendar month, a Community Agriculture Cooperative shall notify the division of any purchases that it made in the previous calendar month with funds, in whole or in part, from a Community Agriculture Grant.

(d) The division shall not require a Community Agriculture Cooperative to obtain consent from the division to make purchases with funds from a Community Agriculture Grant, before those purchases have been made.

(e) At any time, the division, its agents, and its employees shall have the right to inspect the records, bank statements, and premises of a Community Agriculture Cooperative to ensure compliance with the regulations established by this chapter.

(f) Minor violations may not be punished.

(g) Major violations may be punished in either or both of the following ways: (i) the commissioner may punish major violations by claiming the remaining, unspent money from a Community Agriculture Grant or claiming ownership over any items, tools, land, real property, or equipment that was purchased entirely with money from a Community Agriculture Grant; (ii) the commissioner may punish major violations by requiring any individual or group of individuals to resign from the Board of Directors and to schedule an election to fill the resultant vacancies on the Board of Directors.

Section 13. (a) The division shall create and publish Community Agriculture Standards, including, but are not limited, to: (i) minimize, to the greatest extent feasible and appropriate, the use of chemical fertilizers; (ii) minimize, to the greatest extent feasible and appropriate, the use of chemical pesticides; (iii) minimize, to the greatest extent feasible and appropriate, the use of chemical herbicides; (iv) minimize, to the greatest extent feasible and appropriate, the frequency with which soil is tilled; (v) minimize, to the greatest extent feasible and appropriate, the number of inches that tilling extends into the soil; and (vi) maximize, to the greatest extent feasible and appropriate, the use of polyculture.

(b) The division shall amend the Community Agriculture Standards when appropriate.

(c) The division shall develop regulations to ensure that community food is grown in soil that does not contain dangerous levels of lead or any other toxin.

(d) If community food is grown directly in the ground, the ground soil must be tested first to ensure that it does not contain dangerous levels of lead or any other toxin.

Section 14. (a) The division shall hire not less than two Technical Assistance Experts with direct experience with agricultural production that does not rely on chemical fertilizers, chemical pesticides, or chemical herbicides. No fewer than one of the Technical Assistance Experts will have direct experience with indoor agricultural production.

(b) The Technical Assistance Experts shall be available to help members of Community Agriculture Cooperatives, answer their questions, and offer guidance regarding agricultural production.

(c) At least one Technical Assistance Expert shall speak English and any other language spoken by at least 10 percent of the Massachusetts population.

(d) Technical Assistance Experts must be hired as full time employees of the division.

(e) Technical Assistance Experts must receive an annual salary that is not less than 140 percent of the statewide per capita income, as calculated by the United States Census Bureau.

Section 15. The division shall have the power to promulgate any administrative rules and adjudicate any administrative hearings which are appropriate to implementing this chapter."

Budget Amendment ID: FY2023-S4-856

OTH 856

Flexibility in municipal broadband spending

Messrs. Hinds and Moore moved that the proposed new text be amended in section 3, by adding at the end thereof the following text:

"Section XX. Chapter 102 of the Acts of 2021 is hereby amended in section 2A, in line item 1599-2045, by adding at the end thereof the following:- “; and provided further, that funds may be made available to municipalities for relief from debt incurred for the construction of broadband networks”. "

Budget Amendment ID: FY2023-S4-857

OTH 857

Regional Transportation Trust Fund Creation

Messrs. Hinds, Eldridge and Moore, Ms. Moran, Mr. Velis, Ms. Rausch, Ms. Lovely and Messrs. Pacheco and Brady moved that the proposed new text be amended in section 3, by inserting the following sections:-

"Section XX. Regional Transportation Trust Fund

Section 3 of Chapter 161B of the General Laws as so appearing is amended by adding at the end of Section 3 the following

(a) A regional Transportation Trust Fund shall be created and funded by Section 39 of chapter 63 subsection (b) by funds in excess of $456 paid by filers subject to said subsection.

(i) Funds deposited in the Regional Transportation Fund shall be accessed by Regional Transit Authorities to expand regional service, electrification of transit fleet, or to provide fare-free transportation services.

(ii) Funds expended annually from the Trust Fund shall be equally distributed among Regional Transit Authorities.

Section XX. Funding for the Regional Transportation Trust Fund

Section 39 of chapter 63 of the General Laws, as so appearing, is amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) A minimum tax as follows:

(1) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are less than $1,000,000, the minimum tax shall be $456.

(2) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $1,000,000 and less than $5,000,000, the minimum tax shall be $1,500.

(3) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $5,000,000 and less than $10,000,000, the minimum tax shall be $2,500.

(4) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $10,000,000 and less than $25,000,000, the minimum tax shall be $3,500.

(5) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $25,000,000 and less than $50,000,000, the minimum tax shall be $5,000.

(6) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $50,000,000 and less than $100,000,000, the minimum tax shall be $10,000.

(7) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $100,000,000 and less than $500,000,000, the minimum tax shall be $25,000.

(8) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $500,000,000 and less than $1,000,000,000, the minimum tax shall be $75,000.

(9) If the total sales of the corporation in the commonwealth during the taxable year, as determined pursuant to subsection (f) of section 38, are equal to or greater than $1,000,000,000 the minimum tax shall be $150,000.

(c) All funds in excess of $456 in subsection (b) shall be placed in The Regional Transportation Trust Fund which shall be distributed to Regional Transportation Authorities."

Budget Amendment ID: FY2023-S4-858

OTH 858

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended in section 14, by striking out, in line 5, the word “may”; and

in said section 14, by striking out, in line 26, the word “select” and inserting in place thereof the following words:- “enroll in”; and

in said section 14, by striking out, in line 85, the word “initial”; and

by striking out section 72 and inserting in place thereof the following section:-

“SECTION 72. Notwithstanding any general or special law to the contrary, the group insurance commission, in consultation with the comptroller and the executive office for administration and finance, shall offer to a new employee, who is eligible for health insurance benefits and opts to receive health insurance benefits provided by the group insurance commission, 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: FY2023-S4-858-R1

Redraft OTH 858

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 0330-0300, by striking out the figure “$312,283,080” and inserting in place thereof the following figure:- “$312,408,080”; and

in said section 2, in item 0610-0010, by striking out the figure “$726,700” and inserting in place thereof the following figure:- “$1,576,700”; and

in said section 2, in item 0640-0300, by striking out the figure “$22,000,000” and inserting in place thereof the following figure:- “$22,270,000”; and

in said section 2, in item 1102-3331, by adding the following words:- “; provided further, that funds shall be expended for personnel necessary to provide management of physical security technology at the state house”; and

in said section 2, in said item 1102-3331, by striking out the figure “$4,072,189” and inserting in place thereof the following figure:- “$4,172,189”; and

in said section 2, in item 1410-0010, by adding the following words:- “; provided further, that not less than $100,000 shall be expended to the Bilingual Veterans Outreach Centers of Massachusetts, Inc. for the operation of empowerment centers and to support the distribution of food to veterans in need”; and

in said section 2, in said item 1410-0010, by striking out the figure “$5,022,822” and inserting in place thereof the following figure:- “$5,487,822”; and

in said section 2, in item 1410-0012, by striking out the figure “$9,154,222” and inserting in place thereof the following figure:- “$9,204,222”; and

in said section 2, in item 1410-0250, by striking out the figure “$4,162,655” and inserting in place thereof the following figure:- “$4,242,655”; and

in said section 2, in item 1410-1616, by striking out the figure “$760,000” and inserting in place thereof the following figure:- “$760,000”; and

in said section 2, in item 1599-0026, by striking out the figure “$5,000,000” and inserting in place thereof the following figure:- “$5,555,000”; and

in said section 2, in item 2000-0100, by striking out the figure “$14,800,779” and inserting in place thereof the following figure:- “$15,775,779”; and

in said section 2, in item 2030-1000, by inserting the following words:- “; and provided further, that not less than $250,000 shall be expended for the payroll costs of officers performing directed patrols on property managed by the department of conservation and recreation”; and

in said section 2, in item 2200-0100, by striking out the figure “$45,000,000” and inserting in place thereof the following figure:- “$45,400,000”; and

in said section 2, in item 2330-0100, by striking out the figure “$8,178,813” and inserting in place thereof the following figure:- “$9,008,813”; and

in said section 2, in item 2511-0100, by striking out the figure “$9,026,960” and inserting in place thereof the following figure:- “$10,307,530”; and

in said section 2, in item 2511-0107, by striking out the figure “$115,000” and inserting in place thereof the following figure:- “$695,000”; and

in said section 2, in item 2810-0122, by striking out the word “Fresh”, inserted by amendment 1085, and inserting in place thereof the following figure:- “Farm”; and

in said section 2, in said item 2810-0122, by adding the following words:- “; provided further, that not less than $10,000 shall be expended to the town of Holliston for renovations to the public restrooms at Goodwill park”; and

in said section 2, in said item 2810-0122, by striking out the figure “$255,000” and inserting in place thereof the following figure:- “$4,686,000”; and

in said section 2, in item 3000-1000, by striking out the figure “$6,591,537” and inserting in place thereof the following figure:- “$7,101,537”; and

in said section 2, in item 4003-0122, by striking out the figure “$1,033,019” and inserting in place thereof the following figure:- “$1,658,019”; and

in said section 2, in item 4401-1000, by striking out the figure “$15,569,246” and inserting in place thereof the following figure:- “$16,319,246”; and

in said section 2, in item 4510-0100, by striking out the figure “$22,188,252” and inserting in place thereof the following figure:- “$22,258,252”; and

in said section 2, in item 4510-0110, by striking out the figure “$3,110,599” and inserting in place thereof the following figure:- “$3,310,599”; and

in said section 2, in item 4512-0103, by striking out, in line 4, the words “and tuberculosis” and inserting in place thereof the following words:- “, tuberculosis and other infections of public health importance”; and

in said section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $25,000 shall be expended to the town of Hopkinton for mental health, behavioral health and substance use prevention initiatives”; and

in said section 2, in said item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$1,415,000”; and

in said section 2, in item 4512-2020, by striking out the figure “$2,500,000” and inserting in place thereof the following figure:- “$3,610,000”; and

in said section 2, in item 4590-1507, by striking out the figure “$6,135,000” and inserting in place thereof the following figure:- “$6,570,000”; and

in said section 2, in item 4800-0015, by striking out the figure “$130,625,656” and inserting in place thereof the following figure:- “$131,175,656”; and

in said section 2, in item 5011-0100, by striking out the figure “$31,986,331” and inserting in place thereof the following figure:- “$32,381,331”; and

in said section 2, in item 5042-5000, by striking out the figure “$111,998,936” and inserting in place thereof the following figure:- “$112,548,936”; and

in said section 2, in item 7003-0100, by striking out the figure “$1,193,667” and inserting in place thereof the following figure:- “$2,078,667”; and

in said section 2, in item 7004-0107, by striking out the figure “$155,000” and inserting in place thereof the following figure:- “$2,265,000”; and

in said section 2, in item 7006-0142, by striking out the figure “$17,649,106”, each times it appear, and inserting in place thereof, in each instance, the following figure:- “$17,699,106”; and

in said section 2, in item 7008-1116, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for Just-A-Start Corporation's biomedical careers program in the city of Cambridge; provided further, that not less than $75,000 shall be expended to the town of Ashland for costs associated to the development of a strategic plan to advance diversity, equity and inclusion; provided further, that not less than $150,000 shall be expended for costs associated with the creation of a technology and learning center in the Framingham public library; provided further, that not less than $10,000 shall be expended to the town of Holliston for costs associated with a tricentennial celebration; provided further, that not less than $30,000 shall be expended to the town of Hopkinton for costs related to the town’s efforts to be recognized as an age-friendly and dementia-friendly community; provided further, that not less than $50,000 shall be expended to Project Just Because, Inc. in the town of Hopkinton; provided further, that not less than $100,000 shall be expended to the town of Natick for costs associated with the development and implementation of a West Natick economic development plan; provided further, that not less than $50,000 shall be expended to the town of Swansea to evaluate and study opportunities to enhance and improve local economic development efforts, including the feasibility of establishing a municipal 1-stop shop for licensing and permitting and redeveloping blighted properties; provided further, that not less than $50,000 shall be expended to the town of Swansea for enhancements and improvements at the Swansea town beach and waterfront; provided further, that not less than $100,000 shall be expended to the town of Lakeville for improvements to the Assawompset elementary school playground; provided further, that not less than $75,000 shall be expended for the design, engineering, permitting and planning of economic development enhancements and improvements in the Slade's Ferry commercial district in the town of Somerset”; and

in said section 2, in said item 7008-1116, by striking out the figure “$235,000” and inserting in place thereof the following figure:- “$10,172,500”; and

in said section 2, in item 7010-0012, by striking out the figure “$27,908,138” and inserting in place thereof the following figure:- “$29,408,138”; and

in said section 2, in item 7010-1192, by adding the following words:- “; provided further, that not less than $40,000 shall be expended to the town of Hopkinton for costs associated with educating students on the topics of implicit bias, equity and respect”; and

in said section 2, in said item 7010-1192, by striking out the figure “$250,000”, in line 5, and inserting in place thereof the following figure:- “$500,000”; and

in said section 2, in said item 7010-1192, by striking out the figure “$445,000” and inserting in place thereof the following figure:- “$5,917,000”; and

in said section 2, in item 7027-0019, by striking out the figure “$8,100,000” and inserting in place thereof the following figure:- “$8,850,000”; and

in said section 2, in item 7066-0000, by striking out the figure “$4,153,142” and inserting in place thereof the following figure:- “$5,603,142”; and

in said section 2, in item 7066-1123, by striking out the figure “$4,000,000” and inserting in place thereof the following figure:- “$4,228,000”; and

in said section 2, in item 7100-0200, by striking out the figure “$648,366,000” and inserting in place thereof the following figure:- “$648,971,000”; and

in said section 2, in item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$1,308,500”; and

in said section 2, in item 8324-0000, by striking out the figure “$32,444,914” and inserting in place thereof the following figure:- “$33,294,914”; and

in said section 2, in item 8324-0050, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for renovations and improvements to Fire Station #3 on Bullock road in the town of Freetown; provided further, that not less than $150,000 shall be expended for the fire department in the town of Charlton”; and

in said section 2, in said item 8324-0050, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$821,500”; and

in said section 2, in item 9110-9002, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for improvements to the Lakeville senior center in the town of Lakeville; provided further, that not less than $50,000 shall be expended to the Rochester council on aging for the purchase of a handicap-accessible vehicle; provided further, that not less than $58,500 shall be expended for costs associated with the development of outdoor fitness programming at the Medway senior center”; and

in said section 2, in said item 9110-9002, by striking out the figure “$22,401,019” and inserting in place thereof the following figure:- “$23,728,519”; and

in section 2E, in item 1595-6368, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for safety improvements and upgrades at the intersection of state highway route 177, Robert street and Tickle road in the town of Westport”; and

in said section 2E, in said item 1595-6368, by striking out the figure “$453,256,976” and inserting in place thereof the following figure:- “$455,196,976”; and

in section 14, by striking out, in line 5, the word “may”; and

in said section 14, by striking out, in line 26, the word “select” and inserting in place thereof the following words:- “enroll in”; and

in said section 14, by striking out, in line 85, the word “initial”; and

by inserting after section 55 the following section:-

“SECTION 55A. Item 1599-2058 of section 2A of chapter 102 of the acts of 2021 is hereby amended by striking out the words “Cambridge Nonprofit Coalition in the city of Cambridge” and inserting in place thereof the following words:- Sponsor, Inc. to provide support to nonprofits serving the city of Cambridge.”; and

by striking out section 72 and inserting in place thereof the following section:-

Budget Amendment ID: FY2023-S4-859

OTH 859

Repealing the Death Tax

Messrs. Fattman and O'Connor moved that the proposed new text be amended by adding the following section:-

“SECTION XX. Chapter 65C of the General Laws is hereby repealed.”

Budget Amendment ID: FY2023-S4-860

OTH 860

Ware River Watershed Advisory Committee

Ms. Gobi moved that the proposed new text be amended by adding at the end thereof, the following new sections:-

"SECTION XX. Section 14 of chapter 92A½ of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 13 and 14, the words, “a representative of the Massachusetts Wildlife Federation”.

SECTION XX. Said section 14 of said chapter 92A½ , as so appearing, is hereby further amended by striking out, in lines 16 and 17, the words, “and a representative of the Upper Ware river watershed association” and inserting in place thereof the following words:- "a representative of a local Snowmobile Association of Massachusetts snowmobile club, a representative of a local equestrian group, and a representative of the New England Mountain Bike Association"."

Budget Amendment ID: FY2023-S4-863-R2

2nd Redraft OTH 863

Establishing a commission on the history of the Walter E. Fernald State School, the Metropolitan State Hospital, and other state institutions in the commonwealth

Messrs. Barrett, Brady and Hinds moved that the proposed new text be amended in section 2, in item 5011-0100, in item 5011-0100, by adding the following words:- “; provided further, that not less than $145,000 shall be expended for a special commission on the history of state institutions in the commonwealth, including, but not limited to, the history of the Walter E. Fernald State School and the Metropolitan State Hospital”; and by striking out the figure “$31,986,331” and inserting in place thereof the following figure:- “$32,131,331”; and

by inserting after section 56 the following section:-

“SECTION 56A. (a) There shall be a special commission to study and report on the history of state institutions for people with intellectual or developmental disabilities or mental health conditions in the commonwealth, including, but not limited to, the Walter E. Fernald State School and the Metropolitan State Hospital. The commission shall: (i) review existing records in the possession of the commonwealth related to the network of current and former state institutions for people with intellectual or developmental disabilities or mental health conditions; (ii) examine the current availability of, and barriers to accessing, records by former residents of such institutions, their descendants and relatives and the general public; (iii) assess and compile records of burial locations for the residents who died while in the care of such institutions; (iv) determine the likelihood and possible locations of unmarked graves at sites of former state institutions for people with intellectual or developmental disabilities or mental health conditions; and (v) design a framework for public recognition of the commonwealth’s guardianship of residents with disabilities throughout history, which may include, but shall not be limited to, recommendations for memorialization and public education on the history and current state of the independent living movement, deinstitutionalization and the inclusion of people with disabilities.

(b) The commission shall consist of: a person who identifies as having an intellectual or developmental disability, appointed by the commissioner of developmental services, who shall serve as co-chair; a person who identifies as having a mental health or behavioral health condition, appointed by the commissioner of mental health, who shall serve as co-chair; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; the chief of the archives division in the department of the state secretary or a designee; the executive director of the disabled persons protection commission or a designee; the director of the Massachusetts office on disability or a designee; 1 member who identifies as a person with a disability appointed by Arc Massachusetts, Inc.; 1 member appointed by Massachusetts Advocates Standing Strong, Inc.; 1 member appointed by Massachusetts Families Organizing for Change Inc.; and 7 members appointed by the governor, 1 of whom shall be a representative of a center for independent living, 2 of whom shall be current residents of the Hogan Regional Center or Wrentham Developmental Center, 1 of whom shall be a family member of a current resident of the Hogan Regional Center, 1 of whom shall be a family member of a current resident of the Wrentham Developmental Center, 1 of whom shall be a former employee of a state institutional facility between 1970 and 2014, inclusive, and 1 of whom shall be a self-advocate member of a mental health peer recovery group.

(c) The commission shall file a report of its findings and recommendations to the state secretary, the clerks of the senate and house of representatives, the joint committee on children, families and persons with disabilities and the joint committee on mental health, substance use and recovery not later than June 1, 2025. The Massachusetts office on disability shall make the report publicly available in an accessible format on the office’s website.”.

Budget Amendment ID: FY2023-S4-863

OTH 863

Establishing a commission on the history of the Walter E. Fernald State School, the Metropolitan State Hospital, and other state institutions in the commonwealth

Mr. Barrett moved that the proposed new text be amended in section 2, by inserting after item 5095-0015 the following item:

“XXXX-XXXX For a special commission on the history of state institutions in the commonwealth, including but not limited to, the Walter E. Fernald State School and the Metropolitan State Hospital………………………………….$145,000”;

And by inserting after section XX the following section:-

“SECTION XX. (a) There shall be a special commission to study and report on the history of state institutions for people with intellectual and developmental disabilities and mental health disabilities in the commonwealth, including but not limited to, the Walter E. Fernald State School and the Metropolitan State Hospital. The commission shall consist of: co-chairs, 1 of whom shall identify as a person with an intellectual or developmental disability and shall be selected by the President of the Senate and 1 of whom shall identify as a person with a mental health disability and shall be selected by the Speaker of the House; 1 designee of the department of developmental services; 1 designee of the department of mental health; 1 designee of the secretary of the commonwealth archives; 1 representative of the disabled persons protection commission; 1 representative of the centers for independent living in Massachusetts; 1 former resident of a state institution for people with mental illness who shall be appointed by the governor; 1 former resident of a state institution for people with cognitive and developmental disabilities who shall be appointed by the governor; 1 person with a disability who shall be designated by the Arc of Massachusetts; 1 designee of Mass Advocates Standing Strong; 1 designee of Mass Families Organizing for Change; 1 MASS-affiliated current resident of Hogan Regional Center or Wrentham Developmental Center; 1 family member of a current Hogan Regional Center resident; 1 family member of a current Wrentham Developmental Center resident; 1 former state employee who worked at a state institutional facility between 1970 and 2014; 1 self-advocate member of a mental health peer recovery group; and 1 community member who shall be appointed by the governor.

(b) As part of its study and investigation, the commission shall: (i) review existing records in the possession of the commonwealth related to the network of state institutions for people with intellectual and developmental disabilities and mental health disabilities; (ii) examine the current availability of, and barriers to, accessing those records for former residents, their descendants, relatives and the general public; (iii) assess and compile records of burial locations for all residents who died while in the care of institutions for people with intellectual and developmental disabilities and mental health disabilities in the commonwealth; (iv) determine the likelihood and possible locations of unmarked graves at sites of former institutions for people with intellectual and developmental disabilities and mental health disabilities in the commonwealth; (v) design a framework for public recognition of the commonwealth’s guardianship of citizens with disabilities throughout history, including recommendations for memorialization and public education; and (vi) submit its findings and recommendations to the secretary of the commonwealth, the clerks of the senate and the house of representatives, the chairs of the joint committee on children, families and persons with disabilities, and the chairs of the joint committee on mental health, substance abuse and recovery, not later than June 1, 2025. The commission secretary shall make the report publicly available.”

Budget Amendment ID: FY2023-S4-863-R1

Redraft OTH 863

Establishing a commission on the history of the Walter E. Fernald State School, the Metropolitan State Hospital, and other state institutions in the commonwealth

Messrs. Barrett, Brady and Hinds moved that the proposed new text be amended in section 2, by inserting after item 5095-0015 the following item: -

And by inserting after section XX the following section:-

“SECTION XX. (a) There shall be a special commission to study and report on the history of state institutions for people with intellectual and developmental disabilities and mental health disabilities in the commonwealth, including but not limited to, the Walter E. Fernald State School and the Metropolitan State Hospital. The commission shall consist of: co-chairs, 1 of whom shall identify as a person with an intellectual or developmental disability and shall be selected by the President of the Senate and 1 of whom shall identify as a person with a mental health disability and shall be selected by the Speaker of the House; the commissioner of the department of developmental services or a designee; the commissioner of the department of mental health or a designee; the secretary of the commonwealth of Massachusetts or a designee from the division of Massachusetts Archives; a representative of the disabled persons protection commission who shall be appointed by the governor after recommendation from the chairman of the disabled persons protection commission; a representative of the various centers for independent living in Massachusetts who shall be appointed by the governor; a person with a disability who shall be appointed by the governor after recommendation from Arc Massachusetts, Inc.; a representative of Massachusetts Advocates Standing Strong, Inc. who shall be appointed by the governor after recommendation from Massachusetts Advocates Standing Strong, Inc.; a representative of Massachusetts Families Organizing for Change Inc. who shall be appointed by the governor after recommendation from Massachusetts Families Organizing for Change Inc.; a current resident of Hogan Regional Center or Wrentham Developmental Center who shall be appointed by the governor; a family member of a current Hogan Regional Center resident who shall be appointed by the governor; a family member of a current Wrentham Developmental Center resident who shall be appointed by the governor; a former state employee who worked at a state institutional facility between 1970 and 2014 and who shall be appointed by the governor; a self-advocate member of a mental health peer recovery group who shall be appointed by the governor; and a community member who shall be appointed by the governor.

Budget Amendment ID: FY2023-S4-864-R1

Redraft OTH 864

Utility Vendor Threshold

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

SECTION XX. Subsection (a) of section 14 of chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the figure "100,000" and inserting in place thereof the following figure:- 300,000.

SECTION XX. Said section 14 of said chapter 25A, as so appearing, is hereby further amended by adding the following subsection:-

(e) For the purposes of this section, the term "energy conservation projects" shall mean projects to promote energy conservation, including but not limited to energy conserving modification to

windows and doors; caulking and weatherstripping; insulation, automatic energy control systems; hot water systems; equipment required to operate variable steam, hydraulic and

ventilating systems; plant and distribution system modifications, including replacement of burners, furnaces or boilers; devices for modifying fuel openings; electrical or mechanical furnace ignition systems; utility plant system conversions; replacement or modification of lighting fixtures; energy recovery systems; on-site electrical generation equipment using new

renewable generating sources as defined in section 11F; climate resilience and decarbonization activities; and cogeneration systems.”

Budget Amendment ID: FY2023-S4-864

OTH 864

Utility Vendor Threshold

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

SECTION XX. Subsection (a) of section 14 of chapter 25A of the General Laws, as appearing in

the 2020 Official Edition, is hereby amended by striking out, in line 3, the figure "100,000" and

inserting in place thereof the following figure:- 300,000.

SECTION XX. Said section 14 of said chapter 25A, as so appearing, is hereby further amended

by adding the following subsection:- (e) For the purposes of this section, the term "energy conservation projects" shall mean projects to promote energy conservation, including but not limited to energy conserving modification to windows and doors; caulking and weatherstripping; insulation, automatic energy control

systems; hot water systems; equipment required to operate variable steam, hydraulic and ventilating systems; plant and distribution system modifications, including replacement of burners, furnaces or boilers; devices for modifying fuel openings; electrical or mechanical furnace ignition systems; utility plant system conversions; replacement or modification of lighting fixtures; energy recovery systems; on-site electrical generation equipment using new renewable generating sources as defined in section