Consolidated Amendment "E" to H3900
Constitutional Officers & State Administration/Transportation
Fiscal Note: $5,266,215
Amendments 255 and 714 have been recategorized from Constitutional Officers and State Administration to Labor and Economic Development
Amendments from Constitutional Officers and State Administration: 1, 22, 26, 40, 96, 117, 118, 124, 150, 208, 241, 277, 288, 292, 293, 366, 414, 419, 469, 475, 529, 531, 588, 652, 674, 701, 805, 808, 811, 860, 1024, 1056, 1110, 1129, 1135, 1147, 1161, 1168, 1260, 1284, 1337, 1366, 1395, 1414, 1427, 1439, 1480, 1497, 1510, 1543, 1549, 1557
Amendments from Transportation: 24, 108, 156, 183, 316, 320, 333, 496, 497, 525, 551, 647, 655, 688, 713, 741, 788, 835, 862, 880, 993, 994, 995, 1011, 1027, 1111, 1230, 1387, 1451, 1495, 1547
Mr. Michlewitz of Boston and others move to amend H.3900 in section 2, in item 0411-1000, by striking out the figure “$6,101,602” and inserting in place thereof the following figure:- $6,173,602
And further amend said section 2, in item 0521-0000, by inserting after the word “education”, the first time it appears, the following words:- ; provided further, that not less than $25,000 shall be expended for updated cameras and audio and visual equipment for the Wayland town meeting
And further amend said item by striking out the figure “$18,667,404” and inserting in place thereof the following figure:- $18,692,404
And further amend said section 2, in item 0610-0051, by striking out the figure “$248,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $350,000
And further amend said section 2, in item 0610-0060, by striking out the figure “$248,780” and inserting in place thereof the following figure:- $348,780
And further amend said section 2, in item 0810-1205, by inserting after the words “plans for the program” the following words:- ; provided further, that not less than $75,000 shall be expended for the New Bedford police department to support the greater New Bedford opioid task force; and provided further, that not less than $50,000 shall be expended for the SAFE Coalition Incorporated to provide support, education, treatment options and coping mechanisms for those affected by substance use disorder in the city known as the town of Franklin
And further amend said item by striking out the figure “$2,306,595” and inserting in place thereof the following figure:- $2,431,595
And further amend said section 2, in item 0910-0300, by striking out the figure “$594,932” and inserting in place thereof the following figure:- $844,932
And further amend said section 2, in item 0950-0080, by striking out the figure “$356,053” and inserting in place thereof the following figure:- $582,753
And further amend said section 2, in item 1070-0840, by striking out the figure “$16,312,004” and inserting in place thereof the following figure:- $17,412,004
And further amend said section 2, in item 1070-0842, by striking out the figure “$3,451,738” and inserting in place thereof the following figure:- $3,684,738
And further amend said section 2 by inserting after item 1100-1700 the following item:-
1100-2200For the state infrastructure implementation coordinator and the operation of the federal funds and infrastructure development office…………….............$1,997,515
And further amend said bill in section 2E, in item 1595-6368 by inserting after the word “Laws” the following words:- ; provided, that not less than $40,000 shall be expended for emergency roadway repairs in Bridgewater; provided further, that not less than $30,000 shall be expended for emergency roadway repairs in Raynham; provided further, that not less than $100,000 shall be expended for redesigning and installation of new steps, adding lights and installing an emergency safety alert system for the bridge in Boston on Norfolk street between the intersections of Corbet street and Willowwood street; provided further, that not less than $20,000 shall be expended for the Berkshire Flyer in Pittsfield to create “last mile” transportation solutions; provided further, that not less than $100,000 shall be expended for the survey, redesign and reconstruction of route 38 in Tewksbury; provided further, that not less than $50,000 shall be expended for elderly and commuter services linking to the MBTA in the town of Maynard; provided further, that not less than $50,000 shall be expended for the MetroWest regional transit authority for the continuation of the CatchConnect service pilot in Hudson; provided further, that not less than $100,000 shall be expended for the development and engineering of a second means of egress for the Florence Sawyer school building complex in the town of Bolton; provided further, that not less than $50,000 shall be expended for the Bristol-Plymouth regional vocational high school for the renovation of its vehicle entrance; provided further, that not less than $20,000 shall be expended for improvements to the transportation infrastructure of the Vinal square section of the town of Chelmsford; provided further, that not less than $100,000 shall be expended for the repair or replacement of culverts in the town of Boxford; provided further, that not less than $25,000 shall be expended for a parking and multimodal transportation study for the city of Newburyport; provided further, that not less than $250,000 shall be expended for road and sidewalk repair and improvements on Elliott street in the city of Beverly; and provided further, that not less than $100,000 shall be expended for the purchase of electric bicycles as part of the BlueBikes share infrastructure program in the city of Boston
And further amend said item by striking out the figure “$478,865,840” and inserting in place thereof the following figure:- $479,900,840
And further amend said bill, in section 2F, in item 1596-2406, by striking out the words “For transit improvements across the commonwealth” and inserting in place thereof the following words:- For transit improvements at regional transit authorities across the commonwealth
And further amend the bill by inserting, after section 3, the following 2 sections:-
SECTION 3A. Section 3 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the figure “$36,025”, in line 2, and inserting in place thereof the following figure:- $45,025.
SECTION 3B. Chapter 6A of the General Laws is hereby amended by adding the following section:-
Section 109. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Government agency”, any state agency, quasi-state agency, sub-division of a state agency, or board, commission or entity created by the commonwealth.
“Personal identifying information”, information: (i) that directly identifies an individual, including name, address, social security number or other identifying number or code; (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification that may compile an identity, such as a combination of gender, race, birth date, geographic indicator and other descriptors; or (iii) that permits the physical or online contacting of a specific individual.
(b) Every government agency that collects demographic data as to the race or ethnicity of residents of the commonwealth shall use separate collection and tabulations for the following:
(i) each major Asian group, as reported by the United States Census Bureau, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan and Thai;
(ii) each major Pacific Islander group, as reported by the United States Census Bureau, including, but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan;
(iii) each other Asian or Pacific Islander group not listed in clause (i) or (ii);
(iv) each major Black or African American group, as reported by the United States Census Bureau, including, but not limited to, African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean and Somali;
(v) each major Latino group, as reported by the United States Census Bureau, including, but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and
(vi) each major white or Caucasian group, as reported by the United States Census Bureau, including, but not limited to, German, Irish, English, Italian, Polish, Portuguese and French.
(c) Each government agency shall allow an individual to choose more than 1 group, write in their own group or choose the aggregate category. No government agency shall fill out racial or ethnic information unless directed by the individual.
(d) Except for personal identifying information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. Data may be maintained in paper, electronic or other media form. To prevent identification of individuals, the data may be aggregated into categories at a state, county, city, census tract or zip code level to facilitate comparisons, identify disparities and to be included in studies and reports. This subsection shall not be construed to prevent any other government agency from posting data collected on the agency’s website in a manner prescribed in this section.
(e)(1) The secretary of administration and finance shall establish regulations and guidelines on the collection of demographic data, which shall include, but not be limited to: (i) a standardized form for information collection; (ii) expanding the categories of race and ethnicity; (iii) a standardized format for agencies to make data publicly available and to update said data on an annual basis; (iv) a method to ensure that no personal identifying information is publicly released; (v) a standardized written disclosure to the individual completing the form that information collection is voluntary; (vi) procedures to ensure that nonparticipation in information collection shall have no impact on an individual’s eligibility for state services; and (vii) an annual review of the cost impact and success of collecting information.
(2) Annually, there shall be not less than 1 public hearing on the implementation of or changes in the regulations and guidelines.
(3) Annually, not later than August 1, the secretary of administration and finance shall file a report on the progress of data collection to the clerks of the house of representatives and senate and the joint committee on state administration and regulatory oversight.
(f) All data collected by government agencies shall be subject to state and federal privacy laws, including, but not limited to, Title 13 of the United States Code and section 2 of chapter 93H.
And further amend the bill by inserting, after section 12, the following 2 sections:-
SECTION 12 1/4. Section 23 of said chapter 32, as so appearing, is hereby amended by inserting, in line 202, after the word “governor”, the following words:- from a list of 3 candidates nominated by the executive board of the Massachusetts Association of Contributory Retirement Systems, Inc. and who shall be a member of the state employees’ retirement system, the teachers’ retirement system or any other retirement system that is vested in the PRIT Fund.
SECTION 12 1/2. Section 91 of said chapter 32, as so appearing, is hereby amended by inserting after the word “office”, in line 21, the following words:- , for services as executive director of the municipal police training committee pursuant to section 116 of chapter 6.
And further amend the bill by inserting, after section 12B, as inserted by Consolidated Amendment D, the following section:-
SECTION 12C. Chapter 44 of the General Laws is hereby amended by striking out section 54 and inserting in place thereof the following section:-
Section 54. (a) Trust funds, including cemetery perpetual care funds, unless otherwise provided or directed by the donor of the funds, shall be deposited in: a trust company, co-operative bank or savings bank, if the trust company or bank is organized or exists under the laws of the commonwealth or any other state or may transact business in the commonwealth and has its main office or a branch office in the commonwealth; a national bank, federal savings bank or federal savings and loan association, if the bank or association may transact business and has its main office or a branch office in the commonwealth; provided, however, that a state-chartered or federally-chartered bank shall be insured by the Federal Deposit Insurance Corporation or its successor or invested by cities and towns in participation units in a combined investment fund under section 38A of chapter 29 or in bonds or notes which are legal investments for savings banks. Cities and towns having such funds in the custody of the treasurer in an aggregate amount in excess of $250,000 may also invest such funds in securities, other than mortgages or collateral loans, which are legal for the investment of funds of savings banks under the laws of the commonwealth; provided, that not more than 15 per cent of any such trust funds shall be invested in bank stocks and insurance company stocks, nor shall more than 1 1/2 per cent of such funds be invested in the stock of any 1 bank or insurance company.
(b)(1) A city, town or district that accepts this subsection in the manner provided in section 4 of chapter 4 may manage trust funds held in the custody of the treasurer of the city, town or district as a combined investment pool and may invest said funds in accordance with chapter 203C and not in accordance with subsection (a). If any provision of this subsection conflicts with the terms of a bequest, trust or other instrument that expresses the clear intent of the donor, then such funds may be managed and invested only in accordance with the terms of such bequest, trust or other instrument.
(2) Paragraph (1) shall only apply to trust funds and shall not apply to any other money held or controlled by a city, town or district or to any money held or controlled by any other municipal authority, commission or other such entity or fund which is authorized to invest its funds pursuant to this section.
(c) Municipal trust funds subject to this section invested in a chartered, insured financial institution shall only be deposited in accordance with subsection (a).
(d) This section shall not apply to the city of Boston.
And further amend the bill by inserting, after section 29, the following section:-
SECTION 29A. Section 2 of chapter 444 of the acts of 2022 is hereby amended by striking out subsection (b).
And further amend the bill by inserting, after section 34B, inserted by Consolidated Amendment B, the following section:-
SECTION 34C. Notwithstanding any general or special law to the contrary, pursuant and subject to subsection (d) of section 9 of chapter 372 of the acts of 1984, as amended, the Massachusetts Water Resources Authority may convey to the city of Quincy for park, recreation or open space purposes a certain parcel of land owned by the Massachusetts Water Resources Authority in the city of Quincy, consisting of approximately 79,448 square feet or 1.8239 acres. The parcel of land, generally located on Cleverly court, is described in a deed recorded in the Norfolk county registry of deeds as parcel 12 in book 7803 at page 211, and is more particularly shown as Lot 2 on a plan of land entitled “Plan of Land in Quincy, Massachusetts” prepared for Massachusetts Water Resources Authority dated September 30, 2004 and March 23, 2005, as revised, prepared by Bryant Associates, Inc. and signed by Gary John Hamilton, registered professional land surveyor, and on file with the Massachusetts Water Resources Authority. The conveyance in this section shall be subject to the terms and conditions of the Conveyance Agreement dated May 20, 2022, by and between the Massachusetts Water Resources Authority and the city of Quincy.
And further amend the bill by inserting, after section 45, the following 2 sections:-
SECTION 45A. Not later than January 1, 2024, the secretary of administration and finance shall promulgate regulations for the implementation of section 3B.
SECTION 45B. Section 3B shall take effect on January 1, 2025.